Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1266 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1266 Introduced 1/28/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 725 ILCS 5/113-8725 ILCS 5/Art. 124C heading new725 ILCS 5/124C-1 new735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 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. LRB104 06565 RLC 16601 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1266 Introduced 1/28/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 725 ILCS 5/113-8725 ILCS 5/Art. 124C heading new725 ILCS 5/124C-1 new735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 725 ILCS 5/113-8 725 ILCS 5/Art. 124C heading new 725 ILCS 5/124C-1 new 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 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. LRB104 06565 RLC 16601 b LRB104 06565 RLC 16601 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1266 Introduced 1/28/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/113-8725 ILCS 5/Art. 124C heading new725 ILCS 5/124C-1 new735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 725 ILCS 5/113-8 725 ILCS 5/Art. 124C heading new 725 ILCS 5/124C-1 new 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
4	4	725 ILCS 5/113-8
5	5	725 ILCS 5/Art. 124C heading new
6	6	725 ILCS 5/124C-1 new
7	7	735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
8	8	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.
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10	10	LRB104 06565 RLC 16601 b
11	11	A BILL FOR
12	12	SB1266LRB104 06565 RLC 16601 b SB1266 LRB104 06565 RLC 16601 b
13	13	SB1266 LRB104 06565 RLC 16601 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Code of Criminal Procedure of 1963 is
18	18	5 amended by changing Section 113-8 and by adding Article 124C
19	19	6 as follows:
20	20	7 (725 ILCS 5/113-8)
21	21	8 Sec. 113-8. Advisement concerning status as a noncitizen.
22	22	9 (a) Before the acceptance of a plea of guilty, guilty but
23	23	10 mentally ill, or nolo contendere to a misdemeanor or felony
24	24	11 offense, the court shall give the following advisement to the
25	25	12 defendant in open court:
26	26	13 "If you are not a citizen of the United States, you are
27	27	14 hereby advised that conviction of the offense for which you
28	28	15 have been charged may have the consequence of deportation,
29	29	16 exclusion from admission to the United States, or denial of
30	30	17 naturalization under the laws of the United States.".
31	31	18 (b) If the defendant is arraigned on or after the
32	32	19 effective date of this amendatory Act of the 101st General
33	33	20 Assembly, and the court fails to advise the defendant as
34	34	21 required by subsection (a) of this Section, and the defendant
35	35	22 shows that conviction of the offense to which the defendant
36	36	23 pleaded guilty, guilty but mentally ill, or nolo contendere
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1266 Introduced 1/28/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
41	41	725 ILCS 5/113-8725 ILCS 5/Art. 124C heading new725 ILCS 5/124C-1 new735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 725 ILCS 5/113-8 725 ILCS 5/Art. 124C heading new 725 ILCS 5/124C-1 new 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
42	42	725 ILCS 5/113-8
43	43	725 ILCS 5/Art. 124C heading new
44	44	725 ILCS 5/124C-1 new
45	45	735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
46	46	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.
47	47	LRB104 06565 RLC 16601 b LRB104 06565 RLC 16601 b
48	48	LRB104 06565 RLC 16601 b
49	49	A BILL FOR
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55	55	725 ILCS 5/113-8
56	56	725 ILCS 5/Art. 124C heading new
57	57	725 ILCS 5/124C-1 new
58	58	735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
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77	77	1 may have the consequence for the defendant of deportation,
78	78	2 exclusion from admission to the United States, or denial of
79	79	3 naturalization under the laws of the United States, the court,
80	80	4 upon the defendant's motion, shall vacate the judgment and
81	81	5 permit the defendant to withdraw the plea of guilty, guilty
82	82	6 but mentally ill, or nolo contendere and enter a plea of not
83	83	7 guilty. A defendant who, prior to the effective date of this
84	84	8 amendatory Act of the 104th General Assembly, had been barred
85	85	9 by time limitations from filing a motion to vacate, may pursue
86	86	10 remedies under this Section or Section 124C-1. The motion
87	87	11 shall be filed within 2 years of the date of the defendant's
88	88	12 conviction.
89	89	13 (Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)
90	90	14 (725 ILCS 5/Art. 124C heading new)
91	91	15 ARTICLE 124C. PETITION TO VACATE CERTAIN CONVICTIONS IN THE
92	92	16 TRIAL COURT
93	93	17 (725 ILCS 5/124C-1 new)
94	94	18 Sec. 124C-1. Petition to vacate certain convictions in the
95	95	19 trial court.
96	96	20 (a) In this Section, "conviction" has the meaning given in
97	97	21 8 U.S.C. 1101(a)(48).
98	98	22 (b) Any person may file a petition to vacate a conviction
99	99	23 or sentence under this Section, regardless of criminal custody
100	100	24 status or citizenship or immigration status, as defined in
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111	111	1 Section 10 of the Illinois TRUST Act, if the person asserts
112	112	2 that:
113	113	3 (1) the conviction or sentence is legally invalid due
114	114	4 to prejudicial error damaging the petitioner's ability to
115	115	5 meaningfully understand, defend against, or knowingly
116	116	6 accept the actual or potential adverse immigration
117	117	7 consequences of a conviction or sentence; a finding of
118	118	8 legal invalidity may, but need not, include a finding of
119	119	9 ineffective assistance of counsel, and includes but is not
120	120	10 limited to failure to admonish noncitizens under Section
121	121	11 113-8 of this Code or Illinois Supreme Court Rule 402; or
122	122	12 (2) newly discovered evidence of actual innocence
123	123	13 exists that requires vacation of the conviction or
124	124	14 sentence as a matter of law or in the interests of justice.
125	125	15 (c) Notwithstanding any other provision of law, a petition
126	126	16 under subsection (b) shall be deemed timely filed at any time.
127	127	17 The time limitations for petitions filed in the trial court
128	128	18 under Section 122-1 do not apply to a petition filed under
129	129	19 subsection (b).
130	130	20 (d) A petition filed under this Section shall identify the
131	131	21 proceeding in which the petitioner was convicted or sentenced,
132	132	22 give the date of the rendition of the final judgment
133	133	23 complained of, and clearly set forth the respects in which
134	134	24 either the petitioner asserts that his or her rights were
135	135	25 violated under subsection (b) or that newly discovered
136	136	26 evidence of actual innocence exists that requires vacation of
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147	147	1 the conviction or sentence as a matter of law or in the
148	148	2 interest of justice. The petition may have attached to it
149	149	3 affidavits, records, or other evidence supporting its
150	150	4 allegations or may state why the same are not attached.
151	151	5 (e) If the petition alleges that the petitioner is unable
152	152	6 to pay the costs of the proceeding, the court may order that
153	153	7 the petitioner be permitted to proceed as a poor person and
154	154	8 order a transcript of the proceedings delivered to petitioner
155	155	9 in accordance with Illinois Supreme Court Rules. If the
156	156	10 petitioner is without counsel and alleges being without means
157	157	11 to procure counsel, the petitioner shall state whether
158	158	12 appointment of counsel is being requested. If appointment of
159	159	13 counsel is being requested, the court shall appoint counsel if
160	160	14 satisfied that the petitioner has no means to procure counsel.
161	161	15 (f) All petitions filed under this Section shall be
162	162	16 entitled to a hearing. Upon the request of the petitioner, the
163	163	17 court may hold the hearing without the personal presence of
164	164	18 the petitioner if it finds good cause as to why the petitioner
165	165	19 cannot be present. If the State's Attorney for the
166	166	20 jurisdiction in which the petition is filed does not file an
167	167	21 objection to the petition, the court may grant the petition to
168	168	22 vacate the conviction or sentence without a hearing.
169	169	23 (1) Within 90 days after the filing and docketing of
170	170	24 each petition, the court shall examine the petition and
171	171	25 enter an order on the petition setting for calendar a
172	172	26 hearing date on the petition, except that this timeline
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183	183	1 shall be 45 days in any case in which the petitioner is in
184	184	2 the custody of Immigration and Customs Enforcement or
185	185	3 otherwise faces imminent removal from the United States.
186	186	4 (2) Within 30 days after the entry of an order under
187	187	5 paragraph (1) of this subsection (f), or within such
188	188	6 further time as the court may set, the State may file an
189	189	7 answer.
190	190	8 No other or further pleadings shall be filed except as the
191	191	9 court may order on its own motion or on that of either party.
192	192	10 The court may in its discretion grant leave, at any stage of
193	193	11 the proceeding prior to entry of judgment, to withdraw the
194	194	12 petition. The court may in its discretion make such order as to
195	195	13 amendment of the petition or any other pleading, or as to
196	196	14 pleading over, or filing further pleadings, or extending the
197	197	15 time of filing any pleading other than the original petition,
198	198	16 as shall be appropriate, just, and reasonable and as is
199	199	17 generally provided in civil cases.
200	200	18 (g) When ruling on the petition:
201	201	19 (1) The court shall grant the petition to vacate the
202	202	20 conviction or sentence if the petitioner establishes, by a
203	203	21 preponderance of the evidence, the existence of any of the
204	204	22 grounds for relief specified in subsection (b). For a
205	205	23 motion made under paragraph (1) of subsection (b), the
206	206	24 petitioner shall also establish that the conviction or
207	207	25 sentence being challenged is currently causing or has the
208	208	26 potential to cause removal or the denial of an application
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219	219	1 for an immigration benefit, lawful status, or
220	220	2 naturalization.
221	221	3 (2) A court's judicial admonishment under Section
222	222	4 113-8 at the time of the conviction or sentencing at issue
223	223	5 in the petition shall not be considered:
224	224	6 (A) a sufficient basis to cure or correct the
225	225	7 prejudicial error damaging the petitioner's ability to
226	226	8 meaningfully understand, defend against, or knowingly
227	227	9 accept the actual or potential adverse immigration
228	228	10 consequences of a conviction or sentence;
229	229	11 (B) mitigation for a finding of ineffective
230	230	12 assistance of counsel relating to the same conviction
231	231	13 or sentencing under this Section; or
232	232	14 (C) dispositive as to whether the petitioner was
233	233	15 aware that the petitioner's criminal conviction or
234	234	16 sentence has adverse immigration consequences for
235	235	17 purposes of paragraph (2) of subsection (b).
236	236	18 (3) There is a presumption of legal invalidity for the
237	237	19 purposes of paragraph (1) of subsection (b) if the
238	238	20 petitioner pleaded guilty or nolo contendere under a
239	239	21 statute that provided that, upon completion of specific
240	240	22 requirements, proceedings would be dismissed without
241	241	23 judgment if the petitioner complied with these
242	242	24 requirements, and if the disposition under the statute has
243	243	25 been, or potentially could be, used as a basis for adverse
244	244	26 immigration consequences.
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255	255	1 (4) If the court grants the petition to vacate a
256	256	2 conviction or sentence obtained through a plea of guilty
257	257	3 or nolo contendere, the court shall allow the petitioner
258	258	4 to withdraw the plea.
259	259	5 (5) When ruling on a petition under this Section, the
260	260	6 court shall specify the basis for its conclusion. For
261	261	7 petitions under paragraph (1) of subsection (b), the only
262	262	8 finding that the court is required to make is whether the
263	263	9 conviction is legally invalid due to prejudicial error
264	264	10 damaging the petitioner's ability to meaningfully
265	265	11 understand, defend against, or knowingly accept the actual
266	266	12 or potential adverse immigration consequences of a
267	267	13 conviction or sentence.
268	268	14 (h) An order granting or denying the petition is
269	269	15 appealable, and any final judgment entered upon the petition
270	270	16 shall be reviewed in the manner provided under the rules of the
271	271	17 Supreme Court.
272	272	18 (i) A court may issue a specific finding of ineffective
273	273	19 assistance of counsel as a result of a motion brought under
274	274	20 paragraph (1) of subsection (b) only if the attorney found to
275	275	21 be ineffective was given, under Illinois Supreme Court Rule
276	276	22 102, timely advance notice of the petition hearing by the
277	277	23 petitioner or the State's Attorney for the jurisdiction in
278	278	24 which the petition is filed.
279	279	25 (j) If the court finds in favor of the petitioner, it shall
280	280	26 enter an appropriate order with respect to the judgment or
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291	291	1 sentence in the former proceedings and such supplementary
292	292	2 orders as to rearraignment, retrial, custody, conditions of
293	293	3 pretrial release or discharge as may be necessary and proper.
294	294	4 (k) Crime victims shall be given notice by the State's
295	295	5 Attorney's office of petitions filed under this Section as
296	296	6 required in Section 4.5 of the Rights of Crime Victims and
297	297	7 Witnesses Act.
298	298	8 (l) Remedies under this Section shall apply to convictions
299	299	9 and sentences entered before, on, or after the effective date
300	300	10 of this amendatory Act of the 104th General Assembly.
301	301	11
302	302	12 Section 10. The Code of Civil Procedure is amended by
303	303	13 changing Section 2-1401 as follows:
304	304	14 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
305	305	15 Sec. 2-1401. Relief from judgments.
306	306	16 (a) Relief from final orders and judgments, after 30 days
307	307	17 from the entry thereof, may be had upon petition as provided in
308	308	18 this Section. Writs of error coram nobis and coram vobis,
309	309	19 bills of review, and bills in the nature of bills of review are
310	310	20 abolished. All relief heretofore obtainable and the grounds
311	311	21 for such relief heretofore available, whether by any of the
312	312	22 foregoing remedies or otherwise, shall be available in every
313	313	23 case, by proceedings hereunder, regardless of the nature of
314	314	24 the order or judgment from which relief is sought or of the
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325	325	1 proceedings in which it was entered. Except as provided in the
326	326	2 Illinois Parentage Act of 2015, there shall be no distinction
327	327	3 between actions and other proceedings, statutory or otherwise,
328	328	4 as to availability of relief, grounds for relief, or the
329	329	5 relief obtainable.
330	330	6 (b) The petition must be filed in the same proceeding in
331	331	7 which the order or judgment was entered but is not a
332	332	8 continuation thereof. The petition must be supported by an
333	333	9 affidavit or other appropriate showing as to matters not of
334	334	10 record. A petition to reopen a foreclosure proceeding must
335	335	11 include as parties to the petition, but is not limited to, all
336	336	12 parties in the original action in addition to the current
337	337	13 record title holders of the property, current occupants, and
338	338	14 any individual or entity that had a recorded interest in the
339	339	15 property before the filing of the petition. All parties to the
340	340	16 petition shall be notified as provided by rule.
341	341	17 (b-5) A movant may present a meritorious claim under this
342	342	18 Section if the allegations in the petition establish each of
343	343	19 the following by a preponderance of the evidence:
344	344	20 (1) the movant was convicted of a forcible felony;
345	345	21 (2) the movant's participation in the offense was
346	346	22 related to him or her previously having been a victim of
347	347	23 domestic violence or gender-based violence;
348	348	24 (3) there is substantial evidence of domestic violence
349	349	25 or gender-based violence against the movant that was not
350	350	26 presented at the movant's sentencing hearing;
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361	361	1 (4) (blank); and
362	362	2 (5) the evidence of domestic violence or gender-based
363	363	3 violence against the movant is material and noncumulative
364	364	4 to other evidence offered at the sentencing hearing, or
365	365	5 previous hearing under this Section filed on or after the
366	366	6 effective date of this amendatory Act of the 103rd General
367	367	7 Assembly, and is of such a conclusive character that it
368	368	8 would likely change the sentence imposed by the original
369	369	9 trial court.
370	370	10 Nothing in this subsection (b-5) shall prevent a movant
371	371	11 from applying for any other relief under this Section or any
372	372	12 other law otherwise available to him or her. This subsection
373	373	13 (b-5) applies to all eligible convictions, including, but not
374	374	14 limited to, if the judge renders the sentence based on a
375	375	15 negotiated plea agreement. Relief under this Section allows
376	376	16 for the modification of the length of sentence without
377	377	17 affecting the conviction.
378	378	18 As used in this subsection (b-5):
379	379	19 "Domestic violence" means abuse as defined in Section 103
380	380	20 of the Illinois Domestic Violence Act of 1986.
381	381	21 "Forcible felony" has the meaning ascribed to the term in
382	382	22 Section 2-8 of the Criminal Code of 2012.
383	383	23 "Gender-based violence" includes evidence of victimization
384	384	24 as a trafficking victim, as defined by paragraph (10) of
385	385	25 subsection (a) of Section 10-9 of the Criminal Code of 2012,
386	386	26 evidence of victimization under the Illinois Domestic Violence
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397	397	1 Act of 1986, evidence of victimization under the Stalking No
398	398	2 Contact Order Act, or evidence of victimization of any offense
399	399	3 under Article 11 of the Criminal Code of 2012, irrespective of
400	400	4 criminal prosecution or conviction.
401	401	5 "Intimate partner" means a spouse or former spouse,
402	402	6 persons who have or allegedly have had a child in common, or
403	403	7 persons who have or have had a dating or engagement
404	404	8 relationship.
405	405	9 "Substantial evidence" means evidence that a reasonable
406	406	10 mind might accept as adequate to support a conclusion.
407	407	11 (b-10) A movant may present a meritorious claim under this
408	408	12 Section if the allegations in the petition establish each of
409	409	13 the following by a preponderance of the evidence:
410	410	14 (A) she was convicted of a forcible felony;
411	411	15 (B) her participation in the offense was a direct
412	412	16 result of her suffering from postpartum depression or
413	413	17 postpartum psychosis;
414	414	18 (C) no evidence of postpartum depression or postpartum
415	415	19 psychosis was presented by a qualified medical person at
416	416	20 trial or sentencing, or both;
417	417	21 (D) she was unaware of the mitigating nature of the
418	418	22 evidence or, if aware, was at the time unable to present
419	419	23 this defense due to suffering from postpartum depression
420	420	24 or postpartum psychosis, or, at the time of trial or
421	421	25 sentencing, neither was a recognized mental illness and as
422	422	26 such, she was unable to receive proper treatment; and
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433	433	1 (E) evidence of postpartum depression or postpartum
434	434	2 psychosis as suffered by the person is material and
435	435	3 noncumulative to other evidence offered at the time of
436	436	4 trial or sentencing, and it is of such a conclusive
437	437	5 character that it would likely change the sentence imposed
438	438	6 by the original court.
439	439	7 Nothing in this subsection (b-10) prevents a person from
440	440	8 applying for any other relief under this Article or any other
441	441	9 law otherwise available to her. This subsection (b-10) applies
442	442	10 to all eligible convictions, including, but not limited to, if
443	443	11 the judge renders the sentence based on a negotiated plea
444	444	12 agreement. Relief under this Section allows for the
445	445	13 modification of the length of sentence without affecting the
446	446	14 conviction.
447	447	15 As used in this subsection (b-10):
448	448	16 "Postpartum depression" means a mood disorder which
449	449	17 strikes many women during and after pregnancy and usually
450	450	18 occurs during pregnancy and up to 12 months after delivery.
451	451	19 This depression can include anxiety disorders.
452	452	20 "Postpartum psychosis" means an extreme form of postpartum
453	453	21 depression which can occur during pregnancy and up to 12
454	454	22 months after delivery. This can include losing touch with
455	455	23 reality, distorted thinking, delusions, auditory and visual
456	456	24 hallucinations, paranoia, hyperactivity and rapid speech, or
457	457	25 mania.
458	458	26 (c) Except as provided in Section 20b of the Adoption Act
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469	469	1 and Section 2-32 of the Juvenile Court Act of 1987, in a
470	470	2 petition based upon Section 116-3 of the Code of Criminal
471	471	3 Procedure of 1963 or subsection (b-5), or (b-10), or (c-5) of
472	472	4 this Section, or in a motion to vacate and expunge convictions
473	473	5 under the Cannabis Control Act as provided by subsection (i)
474	474	6 of Section 5.2 of the Criminal Identification Act, the
475	475	7 petition must be filed not later than 2 years after the entry
476	476	8 of the order or judgment. Time during which the person seeking
477	477	9 relief is under legal disability or duress or the ground for
478	478	10 relief is fraudulently concealed shall be excluded in
479	479	11 computing the period of 2 years.
480	480	12 (c-5) Any individual may at any time file a petition and
481	481	13 institute proceedings under this Section if the individual's
482	482	14 his or her final order or judgment, which was entered based on
483	483	15 a plea of guilty or nolo contendere, has potential
484	484	16 consequences under federal immigration law. This subsection
485	485	17 applies to orders or judgments entered before, on, or after
486	486	18 the effective date of this amendatory Act of the 104th General
487	487	19 Assembly.
488	488	20 (d) The filing of a petition under this Section does not
489	489	21 affect the order or judgment, or suspend its operation.
490	490	22 (e) Unless lack of jurisdiction affirmatively appears from
491	491	23 the record proper, the vacation or modification of an order or
492	492	24 judgment pursuant to the provisions of this Section does not
493	493	25 affect the right, title, or interest in or to any real or
494	494	26 personal property of any person, not a party to the original
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