Current through Public Act 102-1121
Section 725 ILCS 5/122-2.2 - 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.Amended by P.A. 099-0143,§ 890, eff. 7/27/2015.Amended by P.A. 099-0078,§ 500, eff. 7/20/2015.Amended by P.A. 097-0227,§ 140, eff. 1/1/2012.Added by P.A. 093-0605, § 15, eff. 11/19/2003.