CRIM PRO-VACATING SENTENCE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4367

Introduced 1/14/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

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 17132 RLC 30551 b

A BILL FOR

HB4367
LRB104 17132 RLC 30551 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 Code of Criminal Procedure of 1963 is
5
amended by changing Section 113-8 and by adding Article 124C
6
as follows:

7

(725 ILCS 5/113-8)
8

Sec. 113-8.
Advisement concerning status as a noncitizen.
9

(a) Before the acceptance of a plea of guilty, guilty but
10
mentally ill, or nolo contendere to a misdemeanor or felony
11
offense, the court shall give the following advisement to the
12
defendant in open court:
13

"If you are not a citizen of the United States, you are
14
hereby advised that conviction of the offense for which you
15
have been charged may have the consequence of deportation,
16
exclusion from admission to the United States, or denial of
17
naturalization under the laws of the United States.".
18

(b) If the defendant is arraigned on or after the
19
effective date of this amendatory Act of the 101st General
20
Assembly, and the court fails to advise the defendant as
21
required by subsection (a) of this Section, and the defendant
22
shows that conviction of the offense to which the defendant
23
pleaded guilty, guilty but mentally ill, or nolo contendere

HB4367
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1
may have the consequence for the defendant of deportation,
2
exclusion from admission to the United States, or denial of
3
naturalization under the laws of the United States, the court,
4
upon the defendant's motion, shall vacate the judgment and
5
permit the defendant to withdraw the plea of guilty, guilty
6
but mentally ill, or nolo contendere and enter a plea of not
7
guilty.
A defendant who, prior to the effective date of this
8
amendatory Act of the 104th General Assembly, had been barred
9
by time limitations from filing a motion to vacate, may pursue
10
remedies under this Section or Section 124C-1.

The motion
11
shall be filed within 2 years of the date of the defendant's
12
conviction.
13
(Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)

14

(725 ILCS 5/Art. 124C heading new)
15
ARTICLE 124C.

PETITION TO VACATE CERTAIN CONVICTIONS IN THE
16
TRIAL COURT

17

(725 ILCS 5/124C-1 new)
18

Sec. 124C-1.
Petition to vacate certain convictions in the
19
trial court.

20

(a) In this Section, "conviction" has the meaning given in
21
8 U.S.C. 1101(a)(48).
22

(b) Any person may file a petition to vacate a conviction
23
or sentence under this Section, regardless of criminal custody
24
status or citizenship or immigration status, as defined in

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1
Section 10 of the Illinois TRUST Act, if the person asserts
2
that:
3

(1) the conviction or sentence is legally invalid due
4

to prejudicial error damaging the petitioner's ability to
5

meaningfully understand, defend against, or knowingly
6

accept the actual or potential adverse immigration
7

consequences of a conviction or sentence; a finding of
8

legal invalidity may, but need not, include a finding of
9

ineffective assistance of counsel, and includes, but is
10

not limited to, failure to admonish noncitizens under
11

Section 113-8 of this Code or Illinois Supreme Court Rule
12

402; or
13

(2) newly discovered evidence of actual innocence
14

exists that requires vacation of the conviction or
15

sentence as a matter of law or in the interests of justice.
16

(c) Notwithstanding any other provision of law, a petition
17
under subsection (b) shall be deemed timely filed at any time.
18
The time limitations for petitions filed in the trial court
19
under Section 122-1 do not apply to a petition filed under
20
subsection (b).
21

(d) A petition filed under this Section shall identify the
22
proceeding in which the petitioner was convicted or sentenced,
23
give the date of the rendition of the final judgment
24
complained of, and clearly set forth the respects in which
25
either the petitioner asserts that his or her rights were
26
violated under subsection (b) or that newly discovered

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LRB104 17132 RLC 30551 b
1
evidence of actual innocence exists that requires vacation of
2
the conviction or sentence as a matter of law or in the
3
interest of justice. The petition may have attached to it
4
affidavits, records, or other evidence supporting its
5
allegations or may state why the same are not attached.
6

(e) If the petition alleges that the petitioner is unable
7
to pay the costs of the proceeding, the court may order that
8
the petitioner be permitted to proceed as a poor person and
9
order a transcript of the proceedings delivered to petitioner
10
in accordance with Illinois Supreme Court Rules. If the
11
petitioner is without counsel and alleges being without means
12
to procure counsel, the petitioner shall state whether
13
appointment of counsel is being requested. If appointment of
14
counsel is being requested, the court shall appoint counsel if
15
satisfied that the petitioner has no means to procure counsel.
16

(f) All petitions filed under this Section shall be
17
entitled to a hearing. Upon the request of the petitioner, the
18
court may hold the hearing without the personal presence of
19
the petitioner if it finds good cause as to why the petitioner
20
cannot be present. If the State's Attorney for the
21
jurisdiction in which the petition is filed does not file an
22
objection to the petition, the court may grant the petition to
23
vacate the conviction or sentence without a hearing.
24

(1) Within 90 days after the filing and docketing of
25

each petition, the court shall examine the petition and
26

enter an order on the petition setting for calendar a

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1

hearing date on the petition, except that this timeline
2

shall be 45 days in any case in which the petitioner is in
3

the custody of Immigration and Customs Enforcement or
4

otherwise faces imminent removal from the United States.
5

(2) Within 30 days after the entry of an order under
6

paragraph (1) of this subsection (f), or within such
7

further time as the court may set, the State may file an
8

answer.
9

No other or further pleadings shall be filed except as the
10
court may order on its own motion or on that of either party.
11
The court may in its discretion grant leave, at any stage of
12
the proceeding prior to entry of judgment, to withdraw the
13
petition. The court may in its discretion make such order as to
14
amendment of the petition or any other pleading, or as to
15
pleading over, or filing further pleadings, or extending the
16
time of filing any pleading other than the original petition,
17
as shall be appropriate, just, and reasonable and as is
18
generally provided in civil cases.
19

(g) When ruling on the petition:
20

(1) The court shall grant the petition to vacate the
21

conviction or sentence if the petitioner establishes, by a
22

preponderance of the evidence, the existence of any of the
23

grounds for relief specified in subsection (b). For a
24

motion made under paragraph (1) of subsection (b), the
25

petitioner shall also establish that the conviction or
26

sentence being challenged is currently causing or has the

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LRB104 17132 RLC 30551 b
1

potential to cause removal or the denial of an application
2

for an immigration benefit, lawful status, or
3

naturalization.
4

(2) A court's judicial admonishment under Section
5

113-8 at the time of the conviction or sentencing at issue
6

in the petition shall not be considered:
7

(A) a sufficient basis to cure or correct the
8

prejudicial error damaging the petitioner's ability to
9

meaningfully understand, defend against, or knowingly
10

accept the actual or potential adverse immigration
11

consequences of a conviction or sentence;
12

(B) mitigation for a finding of ineffective
13

assistance of counsel relating to the same conviction
14

or sentencing under this Section; or
15

(C) dispositive as to whether the petitioner was
16

aware that the petitioner's criminal conviction or
17

sentence has adverse immigration consequences for
18

purposes of paragraph (2) of subsection (b).

19

(3) There is a presumption of legal invalidity for the
20

purposes of paragraph (1) of subsection (b) if the
21

petitioner pleaded guilty or nolo contendere under a
22

statute that provided that, upon completion of specific
23

requirements, proceedings would be dismissed without
24

judgment if the petitioner complied with these
25

requirements, and if the disposition under the statute has
26

been, or potentially could be, used as a basis for adverse

HB4367
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1

immigration consequences.
2

(4) If the court grants the petition to vacate a
3

conviction or sentence obtained through a plea of guilty
4

or nolo contendere, the court shall allow the petitioner
5

to withdraw the plea.
6

(5) When ruling on a petition under this Section, the
7

court shall specify the basis for its conclusion. For
8

petitions under paragraph (1) of subsection (b), the only
9

finding that the court is required to make is whether the
10

conviction is legally invalid due to prejudicial error
11

damaging the petitioner's ability to meaningfully
12

understand, defend against, or knowingly accept the actual
13

or potential adverse immigration consequences of a
14

conviction or sentence.
15

(h) An order granting or denying the petition is
16
appealable, and any final judgment entered upon the petition
17
shall be reviewed in the manner provided under the rules of the
18
Supreme Court.
19

(i) A court may issue a specific finding of ineffective
20
assistance of counsel as a result of a motion brought under
21
paragraph (1) of subsection (b) only if the attorney found to
22
be ineffective was given, under Illinois Supreme Court Rule
23
102, timely advance notice of the petition hearing by the
24
petitioner or the State's Attorney for the jurisdiction in
25
which the petition is filed.
26

(j) If the court finds in favor of the petitioner, it shall

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LRB104 17132 RLC 30551 b
1
enter an appropriate order with respect to the judgment or
2
sentence in the former proceedings and such supplementary
3
orders as to rearraignment, retrial, custody, conditions of
4
pretrial release or discharge as may be necessary and proper.
5

(k) Crime victims shall be given notice by the State's
6
Attorney's office of petitions filed under this Section as
7
required in Section 4.5 of the Rights of Crime Victims and
8
Witnesses Act.
9

(l) Remedies under this Section shall apply to convictions
10
and sentences entered before, on, or after the effective date
11
of this amendatory Act of the 104th General Assembly.

12
13

Section 10.
The Code of Civil Procedure is amended by
14
changing Section 2-1401 as follows:

15

(735 ILCS 5/2-1401)

(from Ch. 110, par. 2-1401)
16

Sec. 2-1401.
Relief from judgments.
17

(a) Relief from final orders and judgments, after 30 days
18
from the entry thereof, may be had upon petition as provided in
19
this Section. Writs of error coram nobis and coram vobis,
20
bills of review, and bills in the nature of bills of review are
21
abolished. All relief heretofore obtainable and the grounds
22
for such relief heretofore available, whether by any of the
23
foregoing remedies or otherwise, shall be available in every
24
case, by proceedings hereunder, regardless of the nature of

HB4367
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LRB104 17132 RLC 30551 b
1
the order or judgment from which relief is sought or of the
2
proceedings in which it was entered. Except as provided in the
3
Illinois Parentage Act of 2015, there shall be no distinction
4
between actions and other proceedings, statutory or otherwise,
5
as to availability of relief, grounds for relief, or the
6
relief obtainable.
7

(b) The petition must be filed in the same proceeding in
8
which the order or judgment was entered but is not a
9
continuation thereof. The petition must be supported by an
10
affidavit or other appropriate showing as to matters not of
11
record. A petition to reopen a foreclosure proceeding must
12
include as parties to the petition, but is not limited to, all
13
parties in the original action in addition to the current
14
record title holders of the property, current occupants, and
15
any individual or entity that had a recorded interest in the
16
property before the filing of the petition. All parties to the
17
petition shall be notified as provided by rule.
18

(b-5) A movant may present a meritorious claim under this
19
Section if the allegations in the petition establish each of
20
the following by a preponderance of the evidence:
21

(1) the movant was convicted of a forcible felony;
22

(2) the movant's participation in the offense was
23

related to him or her previously having been a victim of
24

domestic violence or gender-based violence;
25

(3) there is substantial evidence of domestic violence
26

or gender-based violence against the movant that was not

HB4367
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LRB104 17132 RLC 30551 b
1

presented at the movant's sentencing hearing;
2

(4) (blank); and
3

(5) the evidence of domestic violence or gender-based
4

violence against the movant is material and noncumulative
5

to other evidence offered at the sentencing hearing, or
6

previous hearing under this Section filed on or after the
7

effective date of this amendatory Act of the 103rd General
8

Assembly, and is of such a conclusive character that it
9

would likely change the sentence imposed by the original
10

trial court.
11

Nothing in this subsection (b-5) shall prevent a movant
12
from applying for any other relief under this Section or any
13
other law otherwise available to him or her. This subsection
14
(b-5) applies to all eligible convictions, including, but not
15
limited to, if the judge renders the sentence based on a
16
negotiated plea agreement. Relief under this Section allows
17
for the modification of the length of sentence without
18
affecting the conviction.
19

As used in this subsection (b-5):
20

"Domestic violence" means abuse as defined in Section 103
21
of the Illinois Domestic Violence Act of 1986.
22

"Forcible felony" has the meaning ascribed to the term in
23
Section 2-8 of the Criminal Code of 2012.
24

"Gender-based violence" includes evidence of victimization
25
as a trafficking victim, as defined by paragraph (10) of
26
subsection (a) of Section 10-9 of the Criminal Code of 2012,

HB4367
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LRB104 17132 RLC 30551 b
1
evidence of victimization under the Illinois Domestic Violence
2
Act of 1986, evidence of victimization under the Stalking No
3
Contact Order Act, or evidence of victimization of any offense
4
under Article 11 of the Criminal Code of 2012, irrespective of
5
criminal prosecution or conviction.
6

"Intimate partner" means a spouse or former spouse,
7
persons who have or allegedly have had a child in common, or
8
persons who have or have had a dating or engagement
9
relationship.
10

"Substantial evidence" means evidence that a reasonable
11
mind might accept as adequate to support a conclusion.
12

(b-10) A movant may present a meritorious claim under this
13
Section if the allegations in the petition establish each of
14
the following by a preponderance of the evidence:
15

(A) she was convicted of a forcible felony;
16

(B) her participation in the offense was a direct
17

result of her suffering from postpartum depression or
18

postpartum psychosis;
19

(C) no evidence of postpartum depression or postpartum
20

psychosis was presented by a qualified medical person at
21

trial or sentencing, or both;
22

(D) she was unaware of the mitigating nature of the
23

evidence or, if aware, was at the time unable to present
24

this defense due to suffering from postpartum depression
25

or postpartum psychosis, or, at the time of trial or
26

sentencing, neither was a recognized mental illness and as

HB4367
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LRB104 17132 RLC 30551 b
1

such, she was unable to receive proper treatment; and
2

(E) evidence of postpartum depression or postpartum
3

psychosis as suffered by the person is material and
4

noncumulative to other evidence offered at the time of
5

trial or sentencing, and it is of such a conclusive
6

character that it would likely change the sentence imposed
7

by the original court.
8

Nothing in this subsection (b-10) prevents a person from
9
applying for any other relief under this Article or any other
10
law otherwise available to her. This subsection (b-10) applies
11
to all eligible convictions, including, but not limited to, if
12
the judge renders the sentence based on a negotiated plea
13
agreement. Relief under this Section allows for the
14
modification of the length of sentence without affecting the
15
conviction.
16

As used in this subsection (b-10):
17

"Postpartum depression" means a mood disorder which
18
strikes many women during and after pregnancy and usually
19
occurs during pregnancy and up to 12 months after delivery.
20
This depression can include anxiety disorders.
21

"Postpartum psychosis" means an extreme form of postpartum
22
depression which can occur during pregnancy and up to 12
23
months after delivery. This can include losing touch with
24
reality, distorted thinking, delusions, auditory and visual
25
hallucinations, paranoia, hyperactivity and rapid speech, or
26
mania.

HB4367
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LRB104 17132 RLC 30551 b
1

(c) Except as provided in Section 20b of the Adoption Act
2
and Section 2-32 of the Juvenile Court Act of 1987, in a
3
petition based upon Section 116-3 of the Code of Criminal
4
Procedure of 1963 or subsection (b-5)
,

or
(b-10)
, or (c-5)
of
5
this Section, or in a motion to vacate and expunge convictions
6
under the Cannabis Control Act as provided by subsection (i)
7
of Section 5.2 of the Criminal Identification Act, the
8
petition must be filed not later than 2 years after the entry
9
of the order or judgment. Time during which the person seeking
10
relief is under legal disability or duress or the ground for
11
relief is fraudulently concealed shall be excluded in
12
computing the period of 2 years.
13

(c-5) Any individual may at any time file a petition and
14
institute proceedings under this Section if
the individual's

15
his or her
final order or judgment, which was entered based on
16
a plea of guilty or nolo contendere, has potential
17
consequences under federal immigration law.
This subsection
18
applies to orders or judgments entered before, on, or after
19
the effective date of this amendatory Act of the 104th General
20
Assembly.

21

(d) The filing of a petition under this Section does not
22
affect the order or judgment, or suspend its operation.
23

(e) Unless lack of jurisdiction affirmatively appears from
24
the record proper, the vacation or modification of an order or
25
judgment pursuant to the provisions of this Section does not
26
affect the right, title, or interest in or to any real or

HB4367
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LRB104 17132 RLC 30551 b
1
personal property of any person, not a party to the original
2
action, acquired for value after the entry of the order or
3
judgment but before the filing of the petition, nor affect any
4
right of any person not a party to the original action under
5
any certificate of sale issued before the filing of the
6
petition, pursuant to a sale based on the order or judgment.
7
When a petition is filed pursuant to this Section to reopen a
8
foreclosure proceeding, notwithstanding the provisions of
9
Section 15-1701 of this Code, the purchaser or successor
10
purchaser of real property subject to a foreclosure sale who
11
was not a party to the mortgage foreclosure proceedings is
12
entitled to remain in possession of the property until the
13
foreclosure action is defeated or the previously foreclosed
14
defendant redeems from the foreclosure sale if the purchaser
15
has been in possession of the property for more than 6 months.
16

(f) Nothing contained in this Section affects any existing
17
right to relief from a void order or judgment, or to employ any
18
existing method to procure that relief.
19
(Source: P.A. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22;
20
103-403, eff. 1-1-24; 103-968, eff. 1-1-25
.)

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