HB 3549 Illinois House · 104th Regular Session

CRIM PRO-VACATING SENTENCE

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.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 7, 2025 Last action Mar 31, 2025
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Full legislative history

Actions timeline

Total actions
7
Key actions
0
Committee
3
Mar 21, 2025
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Mar 11, 2025
Committee
Assigned to Judiciary - Criminal Committee
lower
Feb 18, 2025
Committee
Referred to Rules Committee
lower
1 primary · 1 co-sponsor

Sponsors