reglab/housing_qa huggingface dataset:
725 ILCS 5/121A-2
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

Sec. 121A-2. Pending direct appeal after the defendant's death.(a) Whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending.(b) Unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of the certificate under subsection (a) of this Section, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court.(c) If the court receives a timely petition for leave to intervene by an authorized party, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant and the direct appeal shall proceed in the same manner as if the defendant were still alive. The authority to intervene shall terminate automatically upon completion of the proceedings in the direct appeal.(d) Nothing in this Section shall be construed to authorize the filing or continued litigation of a post-conviction petition or other collateral attack on a conviction or sentence on behalf of a deceased defendant.  (Source: P.A. 99-778, eff. 1-1-17.)
725 ILCS 5/Art. 122 heading
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 ARTICLE 122.      POST-CONVICTION HEARING
725 ILCS 5/122-2
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-2)Sec. 122-2.     Contents of petition.The petition shall identify the proceeding in which the petitioner was  convicted, give the date of the rendition of the final judgment complained  of, and clearly set forth the respects in which petitioner's constitutional  rights were violated. The petition shall have attached thereto affidavits,  records, or other evidence supporting its allegations or shall state why  the same are not attached. The petition shall identify any previous  proceedings that the petitioner may have taken to secure relief from his  conviction. Argument and citations and discussion of authorities shall be  omitted from the petition.    (Source: Laws 1963, p. 2836.)
725 ILCS 5/122-2.1
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-2.1)Sec. 122-2.1. (a) Within 90 days after the filing and docketing of each  petition, the court shall examine such petition and enter an order thereon  pursuant to this Section.(1) If the petitioner is under sentence of death and     is without counsel and alleges that he is without means to procure counsel, he shall state whether or not he wishes counsel to be appointed to represent him. If appointment of counsel is so requested, the court shall appoint counsel if satisfied that the petitioner has no means to procure counsel.(2) If the petitioner is sentenced to imprisonment     and the court determines the petition is frivolous or is patently without merit, it shall dismiss the petition in a written order, specifying the findings of fact and conclusions of law it made in reaching its decision.  Such order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.(b) If the petition is not dismissed pursuant to this Section, the court  shall order the petition to be docketed for further consideration in accordance  with Sections 122-4 through 122-6.  If the petitioner is under sentence of death, the court shall order the  petition to be docketed for further consideration and hearing within one year  of the filing of the petition. Continuances may be granted as the court deems  appropriate.(c) In considering a petition pursuant to this Section, the court may  examine the court file of the proceeding in which the petitioner was convicted,  any action taken by an appellate court in such proceeding and any transcripts  of such proceeding.         (Source: P.A. 93-605, eff. 11-19-03.)
725 ILCS 5/122-2.2
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

Sec. 122-2.2. Intellectual disability and post-conviction relief.(a) In cases where no determination of an intellectual disability was made and a  defendant has been convicted of first-degree  murder, sentenced to death, and is in custody pending execution of the  sentence of death, the following procedures shall apply:(1) Notwithstanding any other provision of law or     rule of court, a defendant may seek relief from the death sentence through a petition for post-conviction relief under this Article alleging that the defendant was a person with an intellectual disability  as defined in Section 114-15 at the time the offense was alleged to have been committed.(2) The petition must be filed within 180 days of the     effective date of this amendatory Act of the 93rd General Assembly or within 180 days of the issuance of the mandate by the Illinois Supreme Court setting the date of execution, whichever is later.(b) All other provisions of this Article governing petitions for  post-conviction relief shall apply to a petition for post-conviction relief  alleging an intellectual disability.      (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
725 ILCS 5/122-3
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-3)Sec. 122-3.     Waiver of claims.Any claim of substantial denial of constitutional rights not raised in  the original or an amended petition is waived.    (Source: Laws 1963, p. 2836.)
725 ILCS 5/122-5
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-5)Sec. 122-5.         Proceedings on petition.)  Within 30 days after the making of an order pursuant to subsection (b) of  Section 122-2.1, or within  such further time as the court may set, the State shall answer or move to  dismiss.  In the event that a motion to dismiss is filed and denied, the  State must file an answer within 20 days after such denial.  No other or  further pleadings shall be filed except as the court  may order on its own motion or on that of either party.  The court may in  its discretion grant leave, at any stage of the proceeding prior to entry  of judgment, to withdraw the petition.  The court may in its discretion make  such order as to amendment of the petition or any other pleading, or as to  pleading over, or filing further pleadings, or extending the time of filing  any pleading other than the original petition, as shall be appropriate,  just and reasonable and as is generally provided in civil cases.    (Source: P.A. 83-942.)
725 ILCS 5/122-6
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-6)(Text of Section before amendment by P.A. 101-652)Sec. 122-6.     Disposition in trial court.         The court may receive proof by affidavits, depositions, oral testimony,  or other evidence. In its discretion the court may order the petitioner  brought before the court for the hearing. If the court finds in favor of  the petitioner, it shall enter an appropriate order with respect to the  judgment or sentence in the former proceedings and such supplementary  orders as to rearraignment, retrial, custody, bail or discharge as may be  necessary and proper.    (Source: Laws 1963, p. 2836.)(Text of Section after amendment by P.A. 101-652)Sec. 122-6. Disposition in trial court.   The court may receive proof by affidavits, depositions, oral testimony,  or other evidence. In its discretion the court may order the petitioner  brought before the court for the hearing. If the court finds in favor of  the petitioner, it shall enter an appropriate order with respect to the  judgment or sentence in the former proceedings and such supplementary  orders as to rearraignment, retrial, custody, conditions of pretrial release or discharge as may be  necessary and proper.  (Source: P.A. 101-652, eff. 1-1-23.)
725 ILCS 5/122-7
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-7)Sec. 122-7.         Any final judgment entered upon such petition shall  be reviewed in a manner  pursuant to the rules of the Supreme Court.    (Source: P.A. 79-917.)
725 ILCS 5/122-8
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

Sec. 122-8. (Repealed).        (Source: P.A. 83-942. Repealed by P.A. 96-1200, eff. 7-22-10.)
725 ILCS 5/123
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

(725 ILCS 5/123)(This Section will be renumbered as Section 122-9 in a revisory bill.)Sec. 123. Motion to resentence by the People.(a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to provide the State's Attorney and the court with another tool to ensure that these purposes are achieved.(b) At any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. The sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice.(c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence.(d) The court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served.(e) Victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act.(f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred.(g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.   (Source: P.A. 102-102, eff. 1-1-22.)
725 ILCS 5/Tit. VIII heading
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

 TITLE VIII.      MISCELLANEOUS
725 ILCS 5/Art. 124A heading
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

 ARTICLE 124A.      LIENS AND COSTS
725 ILCS 5/124A-5
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124A-5.     Judgment for costs of prosecution.     When a person is convicted  of an offense under a statute,  or at common law, the court shall enter judgment that the offender pay the  costs of the prosecution. The costs shall include reasonable costs  incurred by the Sheriff for serving arrest warrants, for picking up the  offender from a county other than the one in which he or she was convicted,  and for picking up the offender from a location outside the State  of Illinois pursuant either to his or her extradition or to his or her  waiver of extradition.    (Source: P.A. 89-234, eff. 1-1-96.)
725 ILCS 5/124A-10
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124A-10.     Lien.     The property, real and personal, of a person who is  convicted of an offense shall be bound, and a lien is created on the property,  both real and personal, of every  offender, not exempt from the enforcement of a judgment or attachment, from the  time of finding the indictment at least so far as will be sufficient to pay the  fine and costs of prosecution. The clerk of the court in which the conviction  is had shall upon the expiration of 30 days after judgment is entered issue a  certified copy of the judgment for any fine that remains unpaid, and all  costs of conviction remaining unpaid.  Unless a court ordered payment schedule is implemented, the clerk of the  court may add to any judgment a delinquency amount equal to 5% of the unpaid  fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the  unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and  15% of the unpaid  fines, costs, fees, and penalties that remain unpaid after 90 days. Notice  to those parties affected may be made by signage posting or  publication.  The clerk  of the court may also after a period of 90 days release to credit  reporting agencies, information regarding unpaid amounts.  The additional delinquency amounts collected under this Section shall be  used to defray additional administrative costs incurred by the clerk of  the court in  collecting unpaid fines, costs, fees, and penalties.  The certified copy of  the judgment shall state the day on which the arrest was  made or indictment found, as the case may be. Enforcement of the judgment  may be directed to the proper officer of any county in this State. The officer  to whom the certified copy of the judgment is delivered shall levy  the judgment  upon all the estate, real and personal, of the defendant (not exempt from  enforcement) possessed by him or her on the day of the arrest or finding  the indictment, as stated in the certified copy of the judgment and any  such property subsequently acquired; and the property so levied upon shall  be advertised and sold in the same manner as in civil cases, with the like  rights to all parties that may be interested in the property.  It is not an  objection to the selling of any property under the judgment  that the defendant is in custody for the fine or costs, or both.    (Source: P.A. 92-653, eff. 1-1-03.)
725 ILCS 5/124A-15
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124A-15. Reversal of conviction; refund of fines, fees, and costs.(a) A defendant convicted in a criminal prosecution whose conviction is reversed by a finding of factual innocence in a collateral proceeding such as habeas corpus or post-conviction relief under Article 122 of this Code is not liable for any costs or fees of the court or circuit clerk's office, or for any charge of subsistence while detained in custody. If the defendant has paid any costs, fine, or fees, in the case, a refund of those costs shall be determined by the judge and paid by the clerk of the court. The timing of the refund payment shall be determined by the clerk of the court based upon the availability of funds in the subject fund account.(b) To receive a refund under this Section, a defendant must submit a request for the refund to the clerk of the court on a form and in a manner prescribed by the clerk. The defendant must attach to the form an order from the court demonstrating the defendant's right to the refund and the amount of the refund.  (Source: P.A. 98-943, eff. 1-1-15; 99-883, eff. 1-1-17.)
725 ILCS 5/Art. 124B heading
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

 ARTICLE 124B.   FORFEITURE  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/Art. 124B Pt. 5 heading
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

   Part 5.  General Provisions  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-5
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-10
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following:(1) A violation of Section 10-9 or 10A-10 of the     Criminal Code of 1961 or the Criminal Code of 2012 (involuntary servitude; involuntary servitude of a minor;  or trafficking in persons).(2) A violation of subdivision (a)(1) of Section     11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012 (promoting juvenile prostitution) or a violation of Section 11-17.1 of the Criminal Code of 1961 (keeping a place of juvenile prostitution).(3) A violation of subdivision (a)(4) of Section     11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012 (promoting juvenile prostitution) or a violation of Section 11-19.2 of the Criminal Code of 1961 (exploitation of a child).(4) A second or subsequent violation of Section 11-20     of the Criminal Code of 1961 or the Criminal Code of 2012 (obscenity).(5) A violation of Section 11-20.1 of the Criminal     Code of 1961 or the Criminal Code of 2012 (child pornography).(6) A violation of Section 11-20.1B or 11-20.3 of the     Criminal Code of 1961 (aggravated child pornography).(6.5) A violation of Section 11-23.5  of the Criminal     Code of 2012.(7) A violation of Section 12C-65 of the Criminal     Code of 2012 or Article 44 of the Criminal Code of 1961 (unlawful transfer of a telecommunications device to a minor).(8) A violation of Section 17-50 or Section 16D-5 of     the Criminal Code of 2012 or the Criminal Code of 1961 (computer fraud).(9) A felony violation of Section 17-6.3 or Article     17B of the Criminal Code of 2012 or the Criminal Code of 1961 (WIC fraud).(10) A felony violation of Section 48-1 of the     Criminal Code of 2012 or Section 26-5 of the Criminal Code of 1961 (dog fighting).(11) A violation of Article 29D of the Criminal Code     of 1961 or the Criminal Code of 2012 (terrorism).(12) A felony violation of Section 4.01 of the Humane     Care for Animals Act (animals in entertainment). (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. 6-1-15.)
725 ILCS 5/124B-15
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/Art. 124B Pt. 100 heading
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

   Part 100.  Standard Forfeiture Provisions  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-105
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-110
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following:(1) A person with only a general unsecured interest     in, or claim against, the property or estate of another.(2) A bailee, unless the bailor is identified and the     bailee shows a colorable legitimate interest in the property seized.(3) A nominee who exercises no dominion or control     over the property. (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-115
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-120
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-120. Definition; "property". In this Article, "property" means:(1) Real property, including, without limitation,     land, fixtures or improvements on land, and anything growing on or found in land.(2) Tangible or intangible personal property,     including, without limitation, rights, privileges, interests, claims, securities, and money."Property" includes any leasehold or possessory interest and, in the case of real property, includes a beneficial interest in a land trust.  (Source: P.A. 96-712, eff. 1-1-10.)
725 ILCS 5/124B-135
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VIII - Miscellaneous

Sec. 124B-135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption.  (Source: P.A. 96-712, eff. 1-1-10.)