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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.
Introduced
Jan 28, 2025
Last Action
Feb 27, 2026
Session
IL 104th
Sponsors
1 primary · 5 co
Added as Co-Sponsor Sen. Mark L. Walker
Added as Co-Sponsor Sen. Rachel Ventura
Added as Chief Co-Sponsor Sen. Graciela Guzmán
Added as Co-Sponsor Sen. Mary Edly-Allen
Added as Co-Sponsor Sen. Adriane Johnson
Filed with Secretary by Sen. Karina Villa
Referred to Assignments
First Reading
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Added as Co-Sponsor Sen. Mark L. Walker