Bill > SB1266

This bill amends the Illinois Code of Criminal Procedure and Code of Civil Procedure to provide expanded opportunities for individuals to vacate criminal convictions or sentences, with a primary focus on addressing potential adverse immigration consequences. The bill allows any person, regardless of their criminal custody or immigration status, to file a petition to vacate a conviction or sentence if they can demonstrate either: (1) the conviction is legally invalid due to prejudicial error that impaired their understanding of potential immigration consequences, or (2) new evidence of actual innocence exists. Importantly, the bill removes time limitations for filing such petitions and provides that petitions can be filed at any time. The legislation also ensures that if a petition is granted for a conviction obtained through a guilty plea, the person will be allowed to withdraw that plea. The bill applies to convictions entered before, on, or after the bill's effective date and includes provisions for court hearings, potential appointment of counsel for indigent petitioners, and notification of crime victims. A key innovation is the presumption of legal invalidity for certain plea agreements that could potentially trigger adverse immigration consequences, making it easier for individuals to challenge convictions that might impact their immigration status.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1266&GAID=18&DocTypeID=SB&SessionID=114&GA=104