IL HB3549 | 2025-2026 | 104th General Assembly

Status

Sponsorship: Partisan Bill (Democrat 3)
Status: Introduced on February 7 2025 - 25% progression, died in committee
Action: 2025-03-31 - Added Co-Sponsor Rep. Edgar González, Jr.
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Summary

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.

Tracking Information

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Title

CRIM PRO-VACATING SENTENCE

Sponsors


History

DateChamberAction
2025-03-31HouseAdded Co-Sponsor Rep. Edgar González, Jr.
2025-03-21HouseRule 19(a) / Re-referred to Rules Committee
2025-03-11HouseAssigned to Judiciary - Criminal Committee
2025-02-18HouseReferred to Rules Committee
2025-02-18HouseFirst Reading
2025-02-18HouseAdded Co-Sponsor Rep. Laura Faver Dias
2025-02-07HouseFiled with the Clerk by Rep. Justin Slaughter

Code Citations

ChapterArticleSectionCitation TypeStatute Text
7255113-8Amended CodeCitation Text
7255124C-1New CodeSee Bill Text
7255Art. 124C headinNew CodeSee Bill Text
73552-1401Amended CodeCitation Text

Illinois State Sources


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