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HB1265 • 2026
CD CORR-CLEMENCY-VICTIM NOTICE
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
CD CORR-CLEMENCY-VICTIM NOTICE
Rule 19(a) / Re-referred to Rules Committee
Assigned to Judiciary - Criminal Committee
Rule 19(a) / Re-referred to Rules Committee
Assigned to Judiciary - Criminal Committee
First Reading
Referred to Rules Committee
Filed with the Clerk by Rep. John M. Cabello
CD CORR-CLEMENCY-VICTIM NOTICE
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Full Text of HB1265 Home Legislation Full Text HB1265 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1265 Introduced 1/28/2025, by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13 Amends the Unified Code of Corrections. In the procedures for executive clemency, provides that a victim who has supplied a statement to the Prisoner Review Board may waive notice of petitions for clemency and the waiver must be in writing. Provides that the statement supplied by the victim shall be part of all petitions for clemency filed by the petitioner. Provides that if the victim is not registered with the Board, the Board shall contact the sentencing county's State's Attorney's Office for the victim's last known address. Provides that the Board shall send notice to the last known address of the victim. Provides that at the request of the victim, the Board shall allow the victim to provide oral testimony via electronic means and not require the victim to appear in person at the executive clemency hearing. Provides that a victim who waives notice shall receive notice if the Prisoner Review Board makes a recommendation of clemency to the Governor. Provides that the notice to the victim of a recommendation of clemency shall be in writing and given not less than 30 days prior to the Board's recommendation of clemency being sent to the Governor. LRB104 03762 RLC 17319 b A BILL FOR HB1265 LRB104 03762 RLC 17319 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 Unified Code of Corrections is amended by 5 changing Section 3-3-13 as follows: 6 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13) 7 Sec. 3-3-13. Procedure for executive clemency. 8 (a) Petitions seeking pardon, commutation, or reprieve 9 shall be addressed to the Governor and filed with the Prisoner 10 Review Board. The petition shall be in writing and signed by 11 the person under conviction or by a person on his behalf. It 12 shall contain a brief history of the case, the reasons for 13 seeking executive clemency, and other relevant information the 14 Board may require. 15 (a-5) After a petition has been denied by the Governor, 16 the Board may not accept a repeat petition for executive 17 clemency for the same person until one full year has elapsed 18 from the date of the denial. The Chairman of the Board may 19 waive the one-year requirement if the petitioner offers in 20 writing new information that was unavailable to the petitioner 21 at the time of the filing of the prior petition and which the 22 Chairman determines to be significant. The Chairman also may 23 waive the one-year waiting period if the petitioner can show HB1265 - 2 - LRB104 03762 RLC 17319 b 1 that a change in circumstances of a compelling humanitarian 2 nature has arisen since the denial of the prior petition. 3 (b) Notice of the proposed application shall be given by 4 the Board to the committing court and the state's attorney of 5 the county where the conviction was had. 6 (b-5) Victims registered with the Board shall receive 7 reasonable written notice not less than 30 days prior to the 8 executive clemency hearing date. If the victim is not 9 registered with the Board, the Board shall contact the 10 sentencing county's State's Attorney's Office for the victim's 11 last known address. The Board shall send notice to the last 12 known address of the victim. The victim has the right to submit 13 a victim statement to the Prisoner Review Board for 14 consideration at an executive clemency hearing as provided in 15 subsection (c) of this Section. Victim statements provided to 16 the Board shall be confidential and privileged, including any 17 statements received prior to the effective date of this 18 amendatory Act of the 101st General Assembly, except if the 19 statement was an oral statement made by the victim at a hearing 20 open to the public. At the request of the victim, the Board 21 shall allow the victim to provide oral testimony via 22 electronic means and not require the victim to appear in 23 person at the executive clemency hearing. A victim who has 24 supplied a statement to the Prisoner Review Board may waive 25 notice of petitions for clemency and the waiver must be in 26 writing. The statement supplied by the victim shall be part of HB1265 - 3 - LRB104 03762 RLC 17319 b 1 all petitions for clemency filed by the petitioner. A victim 2 who waives notice shall receive notice if the Prisoner Review 3 Board makes a recommendation of clemency to the Governor. The 4 notice to the victim of a recommendation of clemency shall be 5 in writing and given not less than 30 days prior to the Board's 6 recommendation of clemency being sent to the Governor. 7 (c) The Board shall, upon due notice, give a hearing to 8 each application, allowing representation by counsel, if 9 desired, after which it shall confidentially advise the 10 Governor by a written report of its recommendations which 11 shall be determined by majority vote. The written report to 12 the Governor shall be confidential and privileged, including 13 any reports made prior to the effective date of this 14 amendatory Act of the 101st General Assembly. The Board shall 15 meet to consider such petitions no less than 4 times each year. 16 (d) The Governor shall decide each application and 17 communicate his decision to the Board which shall notify the 18 petitioner. 19 In the event a petitioner who has been convicted of a Class 20 X felony is granted a release, after the Governor has 21 communicated such decision to the Board, the Board shall give 22 written notice to the Sheriff of the county from which the 23 offender was sentenced if such sheriff has requested that such 24 notice be given on a continuing basis. In cases where arrest of 25 the offender or the commission of the offense took place in any 26 municipality with a population of more than 10,000 persons, HB1265 - 4 - LRB104 03762 RLC 17319 b 1 the Board shall also give written notice to the proper law 2 enforcement agency for said municipality which has requested 3 notice on a continuing basis. 4 (e) Nothing in this Section shall be construed to limit 5 the power of the Governor under the constitution to grant a 6 reprieve, commutation of sentence, or pardon. 7 (Source: P.A. 103-51, eff. 1-1-24 .) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. 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