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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau 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.
CRIMINAL PROCEDURE (725 ILCS 5/) Code of Criminal Procedure of 1963. 725 ILCS 5/121-13
(725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
Sec. 121-13. Pauper appeals.
(a) In any case wherein the defendant was
convicted of a felony, if the court determines that the defendant desires
counsel on appeal but is indigent the Public Defender or the State
Appellate Defender shall be appointed as counsel, unless with the consent
of the defendant and for good cause shown, the court may appoint counsel
other than the Public Defender or the State Appellate Defender.
(b) In any case wherein the defendant
was convicted of a felony the reviewing court, upon petition of the defendant's
counsel made not more frequently than every 60 days after appointment,
shall determine a reasonable amount to be allowed an indigent
defendant's counsel other than the Public Defender or the State
Appellate Defender for compensation and reimbursement of expenditures
necessarily incurred in the prosecution of the appeal or review
proceedings. The compensation shall not exceed $1500 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The reviewing court shall enter an order directing the
county treasurer of the county where the case was tried to pay the
amount allowed by the court. The reviewing court may order the
provisional payment of sums during the pendency of the cause.
(c) (Blank).
(Source: P.A. 103-51, eff. 1-1-24 .)
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725 ILCS 5/Art. 121A
(725 ILCS 5/Art. 121A heading)
ARTICLE 121A. PENDING DIRECT APPEAL AFTER DEFENDANT'S DEATH
(Source: P.A. 99-778, eff. 1-1-17.) |
725 ILCS 5/121A-1 (725 ILCS 5/121A-1) Sec. 121A-1. Application of Article. Unless otherwise provided by Rules of the Supreme Court, this Article
shall govern pending direct appeal in all criminal cases after the death of the defendant.
(Source: P.A. 99-778, eff. 1-1-17 .) |
725 ILCS 5/121A-2 (725 ILCS 5/121A-2) Sec. 121A-2. Pending direct appeal after the defendant's death. (a) Whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending. (b) Unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of the certificate under subsection (a) of this Section, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court. (c) If the court receives a timely petition for leave to intervene by an authorized party, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant and the direct appeal shall proceed in the same manner as if the defendant were still alive. The authority to intervene shall terminate automatically upon completion of the proceedings in the direct appeal. (d) Nothing in this Section shall be construed to authorize the filing or continued litigation of a post-conviction petition or other collateral attack on a conviction or sentence on behalf of a deceased defendant.
(Source: P.A. 99-778, eff. 1-1-17 .) |
725 ILCS 5/Art. 122
(725 ILCS 5/Art. 122 heading)
ARTICLE 122.
POST-CONVICTION HEARING
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725 ILCS 5/122-1
(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
Sec. 122-1. Petition in the trial court.
(a) Any person imprisoned in the penitentiary may institute a proceeding under this Article if the person asserts that: (1) in the proceedings which resulted in his or her | | conviction there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois or both;
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(2) (blank); or
(3) (blank).
(a-5) A proceeding under paragraph (2) of subsection (a)
may be commenced within a reasonable period of time after the person's
conviction
notwithstanding any other provisions of
this Article. In such a proceeding regarding
actual innocence, if 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) The proceeding shall be commenced by filing with the clerk of the court
in which the conviction took place a petition (together with a copy thereof)
verified by affidavit. Petitioner shall also serve another copy upon the
State's Attorney by any of the methods provided in Rule 7 of the Supreme
Court. The clerk shall docket the petition for consideration by the court
pursuant to Section 122-2.1 upon his or her receipt thereof and bring the same
promptly to the attention of the court.
(c)
No proceedings under this
Article shall be commenced more than 6 months after the conclusion of proceedings in the United States Supreme Court, unless the petitioner
alleges facts showing that the delay was not due to his or her culpable
negligence.
If a petition for certiorari is not filed, no proceedings under this Article shall be commenced more than 6 months from the date for filing a certiorari petition, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. If a defendant does not file a direct appeal, the post-conviction petition shall be filed no later than 3 years from the date of conviction, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence.
This limitation does not apply to a petition advancing a claim of actual
innocence.
(d) A person seeking relief by filing a petition under this Section must
specify in the petition or its heading that it is filed under this Section.
A trial court that has received a petition complaining of a conviction or
sentence that fails to specify in the petition or its heading that it is
filed under this Section need not evaluate the petition to determine
whether it could otherwise have stated some grounds for relief under
this Article.
(e) (Blank).
(f) Only one petition may be filed by a petitioner under this Article
without leave of the court.
Leave of court may be granted only if a petitioner demonstrates
cause for his or her failure to bring the claim in his or her initial
post-conviction proceedings and prejudice results from that failure. For
purposes
of this subsection (f): (1) a prisoner shows cause by identifying an objective
factor that impeded his or her ability to raise a specific claim during his or
her initial post-conviction proceedings; and (2) a prisoner shows prejudice by
demonstrating that the claim not raised during his or her initial
post-conviction proceedings so infected the trial that the resulting conviction
or
sentence violated due process.
(Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24 .)
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725 ILCS 5/122-2
(725 ILCS 5/122-2) (from Ch. 38, par. 122-2)
Sec. 122-2.
Contents of petition.
The petition shall identify the proceeding in which the petitioner was
convicted, give the date of the rendition of the final judgment complained
of, and clearly set forth the respects in which petitioner's constitutional
rights were violated. The petition shall have attached thereto affidavits,
records, or other evidence supporting its allegations or shall state why
the same are not attached. The petition shall identify any previous
proceedings that the petitioner may have taken to secure relief from his
conviction. Argument and citations and discussion of authorities shall be
omitted from the petition.
(Source: Laws 1963, p. 2836.)
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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.
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(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 .)
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725 ILCS 5/122-2.2 (725 ILCS 5/122-2.2)
Sec. 122-2.2. Intellectual disability and post-conviction relief.
(a) (Blank).
(b) All other provisions of this Article governing petitions for
post-conviction relief shall apply to a petition for post-conviction relief
alleging an intellectual disability.
(Source: P.A. 103-51, eff. 1-1-24 .) |
725 ILCS 5/122-3
(725 ILCS 5/122-3) (from Ch. 38, par. 122-3)
Sec. 122-3.
Waiver of claims.
Any claim of substantial denial of constitutional rights not raised in
the original or an amended petition is waived.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/122-4
(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
Sec. 122-4. Pauper petitions. If the petition is not dismissed pursuant
to Section 122-2.1, and alleges that the petitioner is unable to pay the costs
of the proceeding, the court may order that the petitioner be permitted to
proceed as a poor person and order a transcript of the proceedings
delivered to petitioner in accordance with Rule of the Supreme Court. If
the petitioner is without counsel and alleges that he is without means to
procure counsel, he shall state whether or not he wishes counsel to be
appointed to represent him. If appointment of counsel is so requested, and
the petition is not dismissed pursuant to Section 122-2.1, the
court shall appoint counsel if satisfied that the petitioner has no means
to procure counsel.
A petitioner who is a prisoner in an Illinois Department of Corrections
facility who files a pleading, motion, or other filing that purports to be a
legal document seeking post-conviction
relief under this Article against the State, the Illinois Department of
Corrections, the Prisoner Review Board, or any of their officers or employees
in which the court makes a specific
finding that the pleading, motion, or other filing that purports to be a legal
document is frivolous shall not
proceed as a poor person and shall be liable for the full payment of filing
fees and actual
court costs as provided in Article XXII of the Code of Civil Procedure.
The court, at the conclusion of the proceedings upon receipt of a
petition by the appointed counsel, shall determine a reasonable amount to
be allowed an indigent defendant's counsel other than the Public Defender
or the State Appellate Defender for compensation and reimbursement of
expenditures necessarily incurred in the proceedings. The compensation
shall not exceed $500 in each case, except that, in extraordinary
circumstances, payment in excess of the limits herein stated may be made if
the trial court certifies that the payment is necessary to provide fair
compensation for protracted representation, and the amount is approved by the
chief judge of the circuit. The court shall enter an order directing the
county treasurer of the county where the case was tried to pay the amount
thereby allowed by the court. The court may order the provisional payment
of sums during the pendency of the cause.
(Source: P.A. 103-51, eff. 1-1-24 .)
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