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Illinois General Assembly· SB 248Governor Approved

CRIM PRO-POST-CONVICT PETITION, the official text

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SB0248 Enrolled                     LRB104 07557 RLC 17601 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Code of Criminal Procedure of 1963 is

5 amended by changing Section 122-1 as follows:

6   (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)

7   Sec. 122-1. Petition in the trial court.

8   (a) Any person imprisoned in the penitentiary may

9 institute a proceeding under this Article if the person

10 asserts that:

11  (1) in the proceedings which resulted in his or her

12  conviction there was a substantial denial of his or her

13  rights under the Constitution of the United States or of

14  the State of Illinois or both;

15  (2) (blank); or

16  (3) (blank).

17  (a-5) A proceeding under paragraph (2) of subsection (a)

18 may be commenced within a reasonable period of time after the

19 person's conviction notwithstanding any other provisions of

20 this Article. In such a proceeding regarding actual innocence,

21 if the court determines the petition is frivolous or is

22 patently without merit, it shall dismiss the petition in a

23 written order, specifying the findings of fact and conclusions
    SB0248 Enrolled         -2-            LRB104 07557 RLC 17601 b

1 of law it made in reaching its decision. Such order of

2 dismissal is a final judgment and shall be served upon the

3 petitioner by certified mail within 10 days of its entry.

4   (b) The proceeding shall be commenced by filing with the

5 clerk of the court in which the conviction took place a

6 petition (together with a copy thereof) verified by affidavit.

7 Petitioner shall also serve another copy upon the State's

8 Attorney by any of the methods provided in Rule 7 of the

9 Supreme Court. The clerk shall docket the petition for

10 consideration by the court pursuant to Section 122-2.1 upon

11 his or her receipt thereof and bring the same promptly to the

12 attention of the court.

13  (c) No proceedings under this Article shall be commenced

14 more than 6 months after the conclusion of proceedings in the

15 United States Supreme Court, unless the petitioner alleges

16 facts showing that the delay was not due to his or her culpable

17 negligence. If a petition for certiorari is not filed, no

18 proceedings under this Article shall be commenced more than 6

19 months from the date for filing a certiorari petition, unless

20 the petitioner alleges facts showing that the delay was not

21 due to his or her culpable negligence. If a defendant does not

22 file a direct appeal, the post-conviction petition shall be

23 filed no later than 3 years from the date of conviction, unless

24 the petitioner alleges facts showing that the delay was not

25 due to his or her culpable negligence.

26  This limitation does not apply to a petition advancing a
    SB0248 Enrolled           -3-  LRB104 07557 RLC 17601 b

1 claim of actual innocence.

2   (d) A person seeking relief by filing a petition under

3 this Section must specify in the petition or its heading that

4 it is filed under this Section. A trial court that has received

5 a petition complaining of a conviction or sentence that fails

6 to specify in the petition or its heading that it is filed

7 under this Section need not evaluate the petition to determine

8 whether it could otherwise have stated some grounds for relief

9 under this Article.

10  (e) (Blank).

11  (f) Only one petition may be filed by a petitioner under

12 this Article without leave of the court. Leave of court may be

13 granted only if a petitioner demonstrates cause for his or her

14 failure to bring the claim in his or her initial

15 post-conviction proceedings and prejudice results from that

16 failure. For purposes of this subsection (f): (1) a prisoner

17 shows cause by identifying an objective factor that impeded

18 his or her ability to raise a specific claim during his or her

19 initial post-conviction proceedings; and (2) a prisoner shows

20 prejudice by demonstrating that the claim not raised during

21 his or her initial post-conviction proceedings so infected the

22 trial that the resulting conviction or sentence violated due

23 process.

24  (g) A petitioner who was convicted of a felony offense

25 committed when that person was under 21 years of age who seeks

26 leave to file a successive post-conviction petition claiming
   SB0248 Enrolled  -4-  LRB104 07557 RLC 17601 b

1 that his or her sentence violates Section 11 of Article I of
2 the Illinois Constitution does not have to demonstrate cause
3 as set forth in subsection (f) of this Section.
4 (Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24.)

5  Section 99. Effective date. This Act takes effect upon

6 becoming law.
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