Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

725 ILCS 5/122-2.1

(725 ILCS 5/122-2.1) (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) (Blank).

(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.

(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. 103-51, eff. 1-1-24.)