Illinois 104th General Assembly Status: Introduced 7 D cosponsors

SB1266      — CRIM PRO-VACATING SENTENCE

Last action — Added as Co-Sponsor Sen. Javier L. Cervantes

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced January 28, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Not enough signal yet

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

We don't have the full text on file for this bill yet.

Read SB1266 on the official Illinois source →

Action History

  1. Added as Co-Sponsor Sen. Javier L. Cervantes

  2. Added as Co-Sponsor Sen. Mark L. Walker

  3. Added as Co-Sponsor Sen. Rachel Ventura

  4. Added as Chief Co-Sponsor Sen. Graciela Guzmán

  5. Added as Co-Sponsor Sen. Mary Edly-Allen

  6. Added as Co-Sponsor Sen. Adriane L. Johnson

  7. Referred to Assignments

  8. First Reading

  9. Filed with Secretary by Sen. Karina Villa

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 176 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB1266      do?
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.
Who sponsors SB1266     ?
SB1266      is sponsored by Karina Villa (Democrat), Graciela Guzmán (Democrat), Adriane L. Johnson (Democrat), Mary Edly-Allen (Democrat), Rachel Ventura (Democrat), Mark L. Walker (Democrat), and Javier L. Cervantes (Democrat).
What is the current status of SB1266     ?
This bill has been introduced in the Senate. Introduced January 28, 2025. It must pass committee before a floor vote.
Where can I track SB1266     ?
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Last checked for changes about 2 months ago · updated continuously

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