Bill Text: IL SB0248 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-22 - Referred to Assignments [SB0248 Detail]

Download: Illinois-2025-SB0248-Introduced.html

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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.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 122-1 as follows:
(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
Sec. 122-1. Petition in the trial court.
(a) Any person imprisoned in the penitentiary may
institute a proceeding under this Article if the person
asserts that:
(1) in the proceedings which resulted in his or her
conviction there was a substantial denial of his or her
rights under the Constitution of the United States or of
the State of Illinois or both;
(2) (blank); or
(3) (blank).
(a-5) A proceeding under paragraph (2) of subsection (a)
may be commenced within a reasonable period of time after the
person's conviction notwithstanding any other provisions of
this Article. In such a proceeding regarding actual innocence,
if the court determines the petition is frivolous or is
patently without merit, it shall dismiss the petition in a
written order, specifying the findings of fact and conclusions

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of law it made in reaching its decision. Such order of
dismissal is a final judgment and shall be served upon the
petitioner by certified mail within 10 days of its entry.
(b) The proceeding shall be commenced by filing with the
clerk of the court in which the conviction took place a
petition (together with a copy thereof) verified by affidavit.
Petitioner shall also serve another copy upon the State's
Attorney by any of the methods provided in Rule 7 of the
Supreme Court. The clerk shall docket the petition for
consideration by the court pursuant to Section 122-2.1 upon
his or her receipt thereof and bring the same promptly to the
attention of the court.
(c) No proceedings under this Article shall be commenced
more than 6 months after the conclusion of proceedings in the
United States Supreme Court, unless the petitioner alleges
facts showing that the delay was not due to his or her culpable
negligence. If a petition for certiorari is not filed, no
proceedings under this Article shall be commenced more than 6
months from the date for filing a certiorari petition, unless
the petitioner alleges facts showing that the delay was not
due to his or her culpable negligence. If a defendant does not
file a direct appeal, the post-conviction petition shall be
filed no later than 3 years from the date of conviction, unless
the petitioner alleges facts showing that the delay was not
due to his or her culpable negligence.
This limitation does not apply to a petition advancing a

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claim of actual innocence.
(d) A person seeking relief by filing a petition under
this Section must specify in the petition or its heading that
it is filed under this Section. A trial court that has received
a petition complaining of a conviction or sentence that fails
to specify in the petition or its heading that it is filed
under this Section need not evaluate the petition to determine
whether it could otherwise have stated some grounds for relief
under this Article.
(e) (Blank).
(f) Only one petition may be filed by a petitioner under
this Article without leave of the court. Leave of court may be
granted only if a petitioner demonstrates cause for his or her
failure to bring the claim in his or her initial
post-conviction proceedings and prejudice results from that
failure. For purposes of this subsection (f): (1) a prisoner
shows cause by identifying an objective factor that impeded
his or her ability to raise a specific claim during his or her
initial post-conviction proceedings; and (2) a prisoner shows
prejudice by demonstrating that the claim not raised during
his or her initial post-conviction proceedings so infected the
trial that the resulting conviction or sentence violated due
process.
(g) A petitioner 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

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