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SB1266 - 104th General Assembly
CRIM PRO-VACATING SENTENCE
Last Action
Statutes Amended In Order of Appearance
725 ILCS 5/Art. 124C heading new
725 ILCS 5/124C-1 new
735 ILCS 5/2-1401from Ch. 110, par. 2-1401
Synopsis As Introduced
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.
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/28/2025 | Senate | Filed with Secretary by Sen. Karina Villa |
| 1/28/2025 | Senate | First Reading |
| 1/28/2025 | Senate | Referred to Assignments |
| 2/11/2025 | Senate | Added as Co-Sponsor Sen. Adriane Johnson |
| 2/14/2025 | Senate | Added as Co-Sponsor Sen. Mary Edly-Allen |
| 3/28/2025 | Senate | Added as Chief Co-Sponsor Sen. Graciela Guzmán |