Illinois 2023-2024 Regular Session

Illinois House Bill HB0043

Introduced
1/12/23  
Introduced
1/12/23  
Refer
2/21/23  
Refer
1/12/23  
Refer
3/10/23  
Refer
2/21/23  

Caption

CRIM PRO-POST-CONVICTION

Impact

The bill's implementation is expected to have a profound effect on the landscape of criminal justice in Illinois. By allowing a wider array of individuals to file post-conviction petitions, the legislation aims to offer more opportunities to contest convictions based on newly discovered evidence or claims of constitutional rights violations. This change could potentially lead to an increase in the number of successful appeals, thereby impacting both the individuals and the broader legal system as courts may become more populated with post-conviction filings.

Summary

House Bill 0043 amends the Code of Criminal Procedure of 1963 and provides a significant modification regarding the post-conviction process for individuals convicted of felonies or misdemeanors. Previously, only individuals imprisoned in the penitentiary could initiate a post-conviction hearing. This bill extends the right to initiate these proceedings to any individual who is currently serving or has served their sentence, thereby broadening access to legal recourse for those asserting denial of rights during their original trial.

Contention

The bill has sparked debates among lawmakers and advocacy groups regarding the implications for the criminal justice system. Supporters argue that it promotes justice and transparency by allowing more individuals to seek relief from wrongful convictions or procedural errors in their trials. Detractors raise concerns about the potential for an influx of cases overwhelming the judicial system, arguing that this could complicate and lengthen the appeals process for all defendants. Additionally, there are discussions on whether the bill may inadvertently benefit individuals with serious offenses, thus complicating the moral landscape of criminal justice reform.

Companion Bills

No companion bills found.

Previously Filed As

IL HB3375

POST-CONVICTION-BARRED CLAIM

IL HB1858

POST-CONVICTION-PETITIONS

IL SB0248

CRIM PRO-POST-CONVICT PETITION

IL HB1493

CAPITAL CRIME-PUBLIC PLACES

IL SB2331

CRIM PRO-RESTORE TO PRIOR LAW

IL HB0989

ELEC CD-POST-CONVICTION VOTING

IL HB1053

HABITUAL CRIMINAL-REPEAL

IL HB3009

CRIM PRO-RESTORE CASH BAIL

IL HB1101

CANNABIS-POSSESS NOT CRIMINAL

IL HB0041

ELEC CD-POST-CONVICTION VOTING

Similar Bills

HI SB169

Relating To Redress For Wrongful Conviction And Imprisonment.

HI HB151

Relating To Redress For Wrongful Conviction And Imprisonment.

IL HB1016

PRETRIAL DETENTION-INNOCENCE

CA SB300

Crimes: murder: punishment.

CA AB1497

Criminal procedure.

CA SB97

Criminal procedure: writ of habeas corpus.

CA SB467

Expert witnesses: writ of habeas corpus.

CA SB82

Petty theft.