Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0248 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0248 Introduced 1/22/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 725 ILCS 5/122-1 from Ch. 38, par. 122-1 Amends the Code of Criminal Procedure of 1963. Provides that a petitioner for post-conviction relief who was convicted of a felony offense committed when that person was under 21 years of age who seeks leave to file a successive post-conviction petition claiming that his or her sentence violates the proportionate penalties clause of the Illinois Constitution does not have to demonstrate cause. Effective immediately. LRB104 07557 RLC 17601 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0248 Introduced 1/22/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 725 ILCS 5/122-1 from Ch. 38, par. 122-1 725 ILCS 5/122-1 from Ch. 38, par. 122-1 Amends the Code of Criminal Procedure of 1963. Provides that a petitioner for post-conviction relief who was convicted of a felony offense committed when that person was under 21 years of age who seeks leave to file a successive post-conviction petition claiming that his or her sentence violates the proportionate penalties clause of the Illinois Constitution does not have to demonstrate cause. Effective immediately. LRB104 07557 RLC 17601 b LRB104 07557 RLC 17601 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0248 Introduced 1/22/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/122-1 from Ch. 38, par. 122-1 725 ILCS 5/122-1 from Ch. 38, par. 122-1
4	4	725 ILCS 5/122-1 from Ch. 38, par. 122-1
5	5	Amends the Code of Criminal Procedure of 1963. Provides that a petitioner for post-conviction relief who was convicted of a felony offense committed when that person was under 21 years of age who seeks leave to file a successive post-conviction petition claiming that his or her sentence violates the proportionate penalties clause of the Illinois Constitution does not have to demonstrate cause. Effective immediately.
6	6	LRB104 07557 RLC 17601 b LRB104 07557 RLC 17601 b
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8	8	A BILL FOR
9	9	SB0248LRB104 07557 RLC 17601 b SB0248 LRB104 07557 RLC 17601 b
10	10	SB0248 LRB104 07557 RLC 17601 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 122-1 as follows:
16	16	6 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
17	17	7 Sec. 122-1. Petition in the trial court.
18	18	8 (a) Any person imprisoned in the penitentiary may
19	19	9 institute a proceeding under this Article if the person
20	20	10 asserts that:
21	21	11 (1) in the proceedings which resulted in his or her
22	22	12 conviction there was a substantial denial of his or her
23	23	13 rights under the Constitution of the United States or of
24	24	14 the State of Illinois or both;
25	25	15 (2) (blank); or
26	26	16 (3) (blank).
27	27	17 (a-5) A proceeding under paragraph (2) of subsection (a)
28	28	18 may be commenced within a reasonable period of time after the
29	29	19 person's conviction notwithstanding any other provisions of
30	30	20 this Article. In such a proceeding regarding actual innocence,
31	31	21 if the court determines the petition is frivolous or is
32	32	22 patently without merit, it shall dismiss the petition in a
33	33	23 written order, specifying the findings of fact and conclusions
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0248 Introduced 1/22/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 5/122-1 from Ch. 38, par. 122-1 725 ILCS 5/122-1 from Ch. 38, par. 122-1
39	39	725 ILCS 5/122-1 from Ch. 38, par. 122-1
40	40	Amends the Code of Criminal Procedure of 1963. Provides that a petitioner for post-conviction relief who was convicted of a felony offense committed when that person was under 21 years of age who seeks leave to file a successive post-conviction petition claiming that his or her sentence violates the proportionate penalties clause of the Illinois Constitution does not have to demonstrate cause. Effective immediately.
41	41	LRB104 07557 RLC 17601 b LRB104 07557 RLC 17601 b
42	42	LRB104 07557 RLC 17601 b
43	43	A BILL FOR
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49	49	725 ILCS 5/122-1 from Ch. 38, par. 122-1
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68	68	1 of law it made in reaching its decision. Such order of
69	69	2 dismissal is a final judgment and shall be served upon the
70	70	3 petitioner by certified mail within 10 days of its entry.
71	71	4 (b) The proceeding shall be commenced by filing with the
72	72	5 clerk of the court in which the conviction took place a
73	73	6 petition (together with a copy thereof) verified by affidavit.
74	74	7 Petitioner shall also serve another copy upon the State's
75	75	8 Attorney by any of the methods provided in Rule 7 of the
76	76	9 Supreme Court. The clerk shall docket the petition for
77	77	10 consideration by the court pursuant to Section 122-2.1 upon
78	78	11 his or her receipt thereof and bring the same promptly to the
79	79	12 attention of the court.
80	80	13 (c) No proceedings under this Article shall be commenced
81	81	14 more than 6 months after the conclusion of proceedings in the
82	82	15 United States Supreme Court, unless the petitioner alleges
83	83	16 facts showing that the delay was not due to his or her culpable
84	84	17 negligence. If a petition for certiorari is not filed, no
85	85	18 proceedings under this Article shall be commenced more than 6
86	86	19 months from the date for filing a certiorari petition, unless
87	87	20 the petitioner alleges facts showing that the delay was not
88	88	21 due to his or her culpable negligence. If a defendant does not
89	89	22 file a direct appeal, the post-conviction petition shall be
90	90	23 filed no later than 3 years from the date of conviction, unless
91	91	24 the petitioner alleges facts showing that the delay was not
92	92	25 due to his or her culpable negligence.
93	93	26 This limitation does not apply to a petition advancing a
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104	104	1 claim of actual innocence.
105	105	2 (d) A person seeking relief by filing a petition under
106	106	3 this Section must specify in the petition or its heading that
107	107	4 it is filed under this Section. A trial court that has received
108	108	5 a petition complaining of a conviction or sentence that fails
109	109	6 to specify in the petition or its heading that it is filed
110	110	7 under this Section need not evaluate the petition to determine
111	111	8 whether it could otherwise have stated some grounds for relief
112	112	9 under this Article.
113	113	10 (e) (Blank).
114	114	11 (f) Only one petition may be filed by a petitioner under
115	115	12 this Article without leave of the court. Leave of court may be
116	116	13 granted only if a petitioner demonstrates cause for his or her
117	117	14 failure to bring the claim in his or her initial
118	118	15 post-conviction proceedings and prejudice results from that
119	119	16 failure. For purposes of this subsection (f): (1) a prisoner
120	120	17 shows cause by identifying an objective factor that impeded
121	121	18 his or her ability to raise a specific claim during his or her
122	122	19 initial post-conviction proceedings; and (2) a prisoner shows
123	123	20 prejudice by demonstrating that the claim not raised during
124	124	21 his or her initial post-conviction proceedings so infected the
125	125	22 trial that the resulting conviction or sentence violated due
126	126	23 process.
127	127	24 (g) A petitioner who was convicted of a felony offense
128	128	25 committed when that person was under 21 years of age who seeks
129	129	26 leave to file a successive post-conviction petition claiming
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140	140	1 that his or her sentence violates Section 11 of Article I of
141	141	2 the Illinois Constitution does not have to demonstrate cause
142	142	3 as set forth in subsection (f) of this Section.
143	143	4 (Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24.)
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