Illinois General Assembly - Full Text of HB3375
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Full Text of HB3375  103rd General Assembly




HB3375 EngrossedLRB103 28506 RLC 54887 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 122-1 as follows:
6    (725 ILCS 5/122-1)  (from Ch. 38, par. 122-1)
7    Sec. 122-1. Petition in the trial court.
8    (a) Any person imprisoned in the penitentiary may
9institute a proceeding under this Article if the person
10asserts that:
11        (1) in the proceedings which resulted in his or her
12    conviction there was a substantial denial of his or her
13    rights under the Constitution of the United States or of
14    the State of Illinois or both;
15        (2) the death penalty was imposed and there is newly
16    discovered evidence not available to the person at the
17    time of the proceeding that resulted in his or her
18    conviction that establishes a substantial basis to believe
19    that the defendant is actually innocent by clear and
20    convincing evidence; or
21        (3) (blank).
22    (a-5) A proceeding under paragraph (2) of subsection (a)
23may be commenced within a reasonable period of time after the



HB3375 Engrossed- 2 -LRB103 28506 RLC 54887 b

1person's conviction notwithstanding any other provisions of
2this Article. In such a proceeding regarding actual innocence,
3if the court determines the petition is frivolous or is
4patently without merit, it shall dismiss the petition in a
5written order, specifying the findings of fact and conclusions
6of law it made in reaching its decision. Such order of
7dismissal is a final judgment and shall be served upon the
8petitioner by certified mail within 10 days of its entry.
9    (b) The proceeding shall be commenced by filing with the
10clerk of the court in which the conviction took place a
11petition (together with a copy thereof) verified by affidavit.
12Petitioner shall also serve another copy upon the State's
13Attorney by any of the methods provided in Rule 7 of the
14Supreme Court. The clerk shall docket the petition for
15consideration by the court pursuant to Section 122-2.1 upon
16his or her receipt thereof and bring the same promptly to the
17attention of the court.
18    (c) Except as otherwise provided in subsection (a-5), if
19the petitioner is under sentence of death and a petition for
20writ of certiorari is filed, no proceedings under this Article
21shall be commenced more than 6 months after the conclusion of
22proceedings in the United States Supreme Court, unless the
23petitioner alleges facts showing that the delay was not due to
24his or her culpable negligence. If a petition for certiorari
25is not filed, no proceedings under this Article shall be
26commenced more than 6 months from the date for filing a



HB3375 Engrossed- 3 -LRB103 28506 RLC 54887 b

1certiorari petition, unless the petitioner alleges facts
2showing that the delay was not due to his or her culpable
4    When a defendant has a sentence other than death, no
5proceedings under this Article shall be commenced more than 6
6months after the conclusion of proceedings in the United
7States Supreme Court, unless the petitioner alleges facts
8showing that the delay was not due to his or her culpable
9negligence. If a petition for certiorari is not filed, no
10proceedings under this Article shall be commenced more than 6
11months from the date for filing a certiorari petition, unless
12the petitioner alleges facts showing that the delay was not
13due to his or her culpable negligence. If a defendant does not
14file a direct appeal, the post-conviction petition shall be
15filed no later than 3 years from the date of conviction, unless
16the petitioner alleges facts showing that the delay was not
17due to his or her culpable negligence.
18    This limitation does not apply to a petition advancing a
19claim of actual innocence.
20    (d) A person seeking relief by filing a petition under
21this Section must specify in the petition or its heading that
22it is filed under this Section. A trial court that has received
23a petition complaining of a conviction or sentence that fails
24to specify in the petition or its heading that it is filed
25under this Section need not evaluate the petition to determine
26whether it could otherwise have stated some grounds for relief



HB3375 Engrossed- 4 -LRB103 28506 RLC 54887 b

1under this Article.
2    (e) A proceeding under this Article may not be commenced
3on behalf of a defendant who has been sentenced to death
4without the written consent of the defendant, unless the
5defendant, because of a mental or physical condition, is
6incapable of asserting his or her own claim.
7    (f) Only one petition may be filed by a petitioner under
8this Article without leave of the court. Leave of court may be
9granted only if a petitioner demonstrates cause for his or her
10failure to bring the claim in his or her initial
11post-conviction proceedings and prejudice results from that
12failure. For purposes of this subsection (f): (1) a prisoner
13shows cause by identifying an objective factor that impeded
14his or her ability to raise a specific claim during his or her
15initial post-conviction proceedings; and (2) a prisoner shows
16prejudice by demonstrating that the claim not raised during
17his or her initial post-conviction proceedings so infected the
18trial that the resulting conviction or sentence violated due
20    (g) A petitioner who was convicted of a felony offense
21committed when that person was under 21 years of age who seeks
22leave to file a successive post-conviction petition claiming
23that his or her sentence violates Section 11 of Article I of
24the Illinois Constitution does not have to demonstrate cause
25as set forth in subsection (f) of this Section.
26(Source: P.A. 101-411, eff. 8-16-19; 102-639, eff. 8-27-21.)