Bill > SB0248

This bill amends the Illinois Code of Criminal Procedure to modify the rules for filing successive post-conviction petitions specifically for individuals who were under 21 years old when they committed a felony offense. Currently, when a person wants to file a second or subsequent post-conviction petition, they must demonstrate "cause" (an objective factor that prevented them from raising the claim initially) and "prejudice" (showing that the unraised claim violated due process. Under this new legislation, if a petitioner who was under 21 at the time of their felony offense files a successive post-conviction petition claiming their sentence violates the proportionate penalties clause of the Illinois Constitution, they will be exempted from the typical requirement of demonstrating cause. This change appears to provide additional flexibility for younger offenders to challenge their sentences, recognizing potential differences in legal understanding or circumstances for individuals who committed crimes at a younger age. The bill takes effect immediately upon becoming law, allowing for immediate implementation of this new provision in the post-conviction petition process.

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https://www.ilga.gov/legislation/BillStatus.asp?DocNum=248&GAID=18&DocTypeID=SB&SessionID=114&GA=104