HB4367 - 104th General Assembly (2025-2026)

CRIM PRO-VACATING SENTENCE
Last Action

3/27/2026 - House: Placed on Calendar 2nd Reading - Short Debate
Statutes Amended In Order of Appearance

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

DateChamberAction
1/09/2026HouseFiled with the Clerk by Rep. Justin Slaughter
1/14/2026HouseFirst Reading
1/14/2026HouseReferred to Rules Committee
3/12/2026HouseAssigned to Judiciary - Criminal Committee
3/25/2026HouseAdded Co-Sponsor Rep. Kevin John Olickal
3/26/2026HouseDo Pass / Short Debate Judiciary - Criminal Committee; 010-005-000
3/27/2026HousePlaced on Calendar 2nd Reading - Short Debate
4/01/2026HouseAdded Co-Sponsor Rep. Edgar González, Jr.
4/02/2026HouseAdded Co-Sponsor Rep. Lilian Jiménez