IllinoisHB4367104th 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

  • Kevin John Olickal

    Democratic • House

  • Lilian Jiménez

    Democratic • House

  • Sonya M. Harper

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 10 • No: 5

House vote 3/26/2026

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 10 • No: 5

Actions Timeline

  1. Rule 19(a) / Re-referred to Rules Committee

    4/17/2026House
  2. Held on Calendar Order of Second Reading - Short Debate

    4/10/2026House
  3. Second Reading - Short Debate

    4/10/2026House
  4. Added Chief Co-Sponsor Rep. Sonya M. Harper

    4/9/2026House
  5. Added Co-Sponsor Rep. Lilian Jiménez

    4/2/2026House
  6. Added Co-Sponsor Rep. Edgar González, Jr.

    4/1/2026House
  7. Placed on Calendar 2nd Reading - Short Debate

    3/27/2026House
  8. Do Pass / Short Debate Judiciary - Criminal Committee; 010-005-000

    3/26/2026House
  9. Added Co-Sponsor Rep. Kevin John Olickal

    3/25/2026House
  10. Assigned to Judiciary - Criminal Committee

    3/12/2026House
  11. Referred to Rules Committee

    1/14/2026House
  12. First Reading

    1/14/2026House
  13. Filed with the Clerk by Rep. Justin Slaughter

    1/9/2026House

Bill Text

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