IllinoisHB3549104th General Assembly (2025–2026)House

CRIM PRO-VACATING SENTENCE

Sponsored By: Justin Slaughter (Democratic)

In Committee

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.

judiciary - criminal

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Justin Slaughter

    Democratic • House

Cosponsors

  • Edgar González, Jr.

    Democratic • House

  • Laura Faver Dias

    Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Added Co-Sponsor Rep. Edgar González, Jr.

    3/31/2025House
  2. Rule 19(a) / Re-referred to Rules Committee

    3/21/2025House
  3. Assigned to Judiciary - Criminal Committee

    3/11/2025House
  4. Referred to Rules Committee

    2/18/2025House
  5. First Reading

    2/18/2025House
  6. Added Co-Sponsor Rep. Laura Faver Dias

    2/18/2025House
  7. Filed with the Clerk by Rep. Justin Slaughter

    2/7/2025House

Bill Text

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