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SB0248 • 2026
CRIM PRO-POST-CONVICT PETITION
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
CRIM PRO-POST-CONVICT PETITION
Governor Approved
Effective Date July 10, 2026
Public Act . . . . . . . . . 104-0564
Sent to the Governor
Added Alternate Co-Sponsor Rep. Jehan Gordon-Booth
Added Alternate Co-Sponsor Rep. Kimberly Du Buclet
Placed on Calendar Order of 3rd Reading - Short Debate
Third Reading - Short Debate - Passed 063-042-000
Passed Both Houses
Added Alternate Co-Sponsor Rep. Norma Hernandez
Third Reading/Final Action Deadline Extended-9(b) May 31, 2026
Alternate Co-Sponsor Removed Rep. Justin Slaughter
Added Alternate Chief Co-Sponsor Rep. Justin Slaughter
Added Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
Added Alternate Co-Sponsor Rep. Kevin John Olickal
Added Alternate Co-Sponsor Rep. Kelly M. Cassidy
Added Alternate Co-Sponsor Rep. Laura Faver Dias
Placed on Calendar 2nd Reading - Short Debate
Approved for Consideration Rules Committee ; 005-000-000
Added Alternate Co-Sponsor Rep. Amy Briel
Rule 19(a) / Re-referred to Rules Committee
Third Reading/Final Action Deadline Extended-9(b) June 1, 2025
Added Alternate Co-Sponsor Rep. Camille Y. Lilly
Added Alternate Co-Sponsor Rep. Michael Crawford
Added Alternate Co-Sponsor Rep. Thaddeus Jones
Added Alternate Co-Sponsor Rep. Anne Stava
Added Alternate Co-Sponsor Rep. Justin Slaughter
Third Reading/Final Action Deadline Extended-9(b) May 31, 2025
Second Reading - Short Debate
Held on Calendar Order of Second Reading - Short Debate
Do Pass / Short Debate Restorative Justice & Public Safety Committee ; 007-003-000
Placed on Calendar 2nd Reading - Short Debate
Added Alternate Chief Co-Sponsor Rep. Kam Buckner
Added Alternate Chief Co-Sponsor Rep. Lisa Davis
Assigned to Restorative Justice & Public Safety Committee
Motion Filed to Suspend Rule 21 Restorative Justice & Public Safety Committee ; Rep. Elizabeth "Lisa" Hernandez
Motion to Suspend Rule 21 - Prevailed 071-038-000
Added Alternate Co-Sponsor Rep. Barbara Hernandez
First Reading
Referred to Rules Committee
Third Reading - Passed; 034-017-000
Added as Co-Sponsor Sen. Emil Jones, III
Arrived in House
Chief House Sponsor Rep. Lilian Jiménez
Rule 2-10 Third Reading Deadline Established As May 9, 2025
Added as Co-Sponsor Sen. Mattie Hunter
Added as Co-Sponsor Sen. Elgie R. Sims, Jr.
Second Reading
Placed on Calendar Order of 3rd Reading April 1, 2025
Do Pass Criminal Law ; 007-002-000
Placed on Calendar Order of 2nd Reading March 20, 2025
Added as Co-Sponsor Sen. Mark L. Walker
Assigned to Criminal Law
Added as Chief Co-Sponsor Sen. Graciela Guzmán
Added as Chief Co-Sponsor Sen. Omar Aquino
Added as Co-Sponsor Sen. Celina Villanueva
Added as Chief Co-Sponsor Sen. Mike Simmons
Added as Co-Sponsor Sen. Willie Preston
Added as Co-Sponsor Sen. Rachel Ventura
Added as Co-Sponsor Sen. Mike Porfirio
Added as Co-Sponsor Sen. Lakesia Collins
Added as Chief Co-Sponsor Sen. Michael W. Halpin
Added as Co-Sponsor Sen. Mary Edly-Allen
Added as Co-Sponsor Sen. Karina Villa
Added as Co-Sponsor Sen. Mike Simmons
Filed with Secretary by Sen. Adriane Johnson
First Reading
Referred to Assignments
CRIM PRO-POST-CONVICT PETITION
Illinois General Assembly - Full Text of SB0248 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of SB0248 Home Legislation Full Text SB0248 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Engrossed Enrolled Printer Friendly Version Introduced Engrossed Enrolled Open PDF SB0248 Enrolled LRB104 07557 RLC 17601 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 122-1 as follows: 6 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1) 7 Sec. 122-1. Petition in the trial court. 8 (a) Any person imprisoned in the penitentiary may 9 institute a proceeding under this Article if the person 10 asserts that: 11 (1) in the proceedings which resulted in his or her 12 conviction there was a substantial denial of his or her 13 rights under the Constitution of the United States or of 14 the State of Illinois or both; 15 (2) (blank); or 16 (3) (blank). 17 (a-5) A proceeding under paragraph (2) of subsection (a) 18 may be commenced within a reasonable period of time after the 19 person's conviction notwithstanding any other provisions of 20 this Article. In such a proceeding regarding actual innocence, 21 if the court determines the petition is frivolous or is 22 patently without merit, it shall dismiss the petition in a 23 written order, specifying the findings of fact and conclusions SB0248 Enrolled - 2 - LRB104 07557 RLC 17601 b 1 of law it made in reaching its decision. Such order of 2 dismissal is a final judgment and shall be served upon the 3 petitioner by certified mail within 10 days of its entry. 4 (b) The proceeding shall be commenced by filing with the 5 clerk of the court in which the conviction took place a 6 petition (together with a copy thereof) verified by affidavit. 7 Petitioner shall also serve another copy upon the State's 8 Attorney by any of the methods provided in Rule 7 of the 9 Supreme Court. The clerk shall docket the petition for 10 consideration by the court pursuant to Section 122-2.1 upon 11 his or her receipt thereof and bring the same promptly to the 12 attention of the court. 13 (c) No proceedings under this Article shall be commenced 14 more than 6 months after the conclusion of proceedings in the 15 United States Supreme Court, unless the petitioner alleges 16 facts showing that the delay was not due to his or her culpable 17 negligence. If a petition for certiorari is not filed, no 18 proceedings under this Article shall be commenced more than 6 19 months from the date for filing a certiorari petition, unless 20 the petitioner alleges facts showing that the delay was not 21 due to his or her culpable negligence. If a defendant does not 22 file a direct appeal, the post-conviction petition shall be 23 filed no later than 3 years from the date of conviction, unless 24 the petitioner alleges facts showing that the delay was not 25 due to his or her culpable negligence. 26 This limitation does not apply to a petition advancing a SB0248 Enrolled - 3 - LRB104 07557 RLC 17601 b 1 claim of actual innocence. 2 (d) A person seeking relief by filing a petition under 3 this Section must specify in the petition or its heading that 4 it is filed under this Section. A trial court that has received 5 a petition complaining of a conviction or sentence that fails 6 to specify in the petition or its heading that it is filed 7 under this Section need not evaluate the petition to determine 8 whether it could otherwise have stated some grounds for relief 9 under this Article. 10 (e) (Blank). 11 (f) Only one petition may be filed by a petitioner under 12 this Article without leave of the court. Leave of court may be 13 granted only if a petitioner demonstrates cause for his or her 14 failure to bring the claim in his or her initial 15 post-conviction proceedings and prejudice results from that 16 failure. For purposes of this subsection (f): (1) a prisoner 17 shows cause by identifying an objective factor that impeded 18 his or her ability to raise a specific claim during his or her 19 initial post-conviction proceedings; and (2) a prisoner shows 20 prejudice by demonstrating that the claim not raised during 21 his or her initial post-conviction proceedings so infected the 22 trial that the resulting conviction or sentence violated due 23 process. 24 (g) A petitioner who was convicted of a felony offense 25 committed when that person was under 21 years of age who seeks 26 leave to file a successive post-conviction petition claiming SB0248 Enrolled - 4 - LRB104 07557 RLC 17601 b 1 that his or her sentence violates Section 11 of Article I of 2 the Illinois Constitution does not have to demonstrate cause 3 as set forth in subsection (f) of this Section. 4 (Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24 .) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law. 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