summary
Introduced
02/07/2025
02/07/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that any person may file a petition to vacate a conviction or sentence, regardless of criminal custody status or citizenship or immigration status, as defined in the Illinois TRUST Act, if the person asserts that: (1) the conviction or sentence is legally invalid due to prejudicial error damaging the petitioner's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; or (2) newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. Provides that such a petition shall be deemed timely filed at any time notwithstanding any other provision of law. Provides that the time limitations for petitions filed in the trial court under the Post-Conviction Hearing Article of the Code do not apply to a petition filed under this provision. Amends the Code of Civil Procedure. Provides that a provision granting relief from a final order or judgment entered based on a plea of guilty or nolo contendere and that has potential consequences under federal immigration law applies to orders or judgments entered before, on, or after the effective date of the amendatory Act.
AI Summary
This bill amends the Illinois Code of Criminal Procedure and Code of Civil Procedure to provide broader opportunities for individuals to vacate criminal convictions, particularly when those convictions may have negative immigration consequences. Specifically, the bill allows any person, regardless of their criminal custody or immigration status, to file a petition to vacate a conviction or sentence under two key circumstances: (1) if the conviction is legally invalid due to prejudicial error that impaired the person's ability to understand or defend against potential immigration consequences, or (2) if new evidence of actual innocence exists that requires vacating the conviction in the interests of justice. The bill removes previous time limitations for filing such petitions, meaning they can be filed at any time. Importantly, the law applies retroactively to convictions entered before, on, or after the bill's effective date. The bill also requires courts to provide hearings for these petitions, with expedited timelines for individuals facing potential deportation, and allows for the withdrawal of guilty pleas if the petition is granted. Additionally, the bill provides procedural protections such as potential appointment of counsel for indigent petitioners and requires notification to crime victims. The goal is to provide more robust legal remedies for individuals who may have been disadvantaged by inadequate understanding of the immigration consequences of their criminal convictions.
Committee Categories
Justice
Sponsors (3)
Last Action
Added Co-Sponsor Rep. Edgar González, Jr. (on 03/31/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3549&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3549.htm |
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