725 ILCS 5/122-1 – Post-Conviction Hearing

725 ILCS 5/122-1 – Post-Conviction Hearing

This law explains how a person in prison can ask the court to review their conviction if they believe their rights were violated.

This Illinois law gives people who are imprisoned a way to challenge their conviction in court if they think something unfair or unconstitutional happened during their trial. It explains when, how, and under what conditions they can file a petition after being convicted.

(a) A person in prison can start this process if they claim that:

1. Their trial or conviction violated their rights under the U.S. or Illinois Constitution.
2. (Blank)
3. (Blank)

(a-5) If someone claims they are actually innocent, they can start this process within a reasonable time after their conviction. If the judge thinks the petition clearly has no merit, the judge must write an order explaining why and dismiss it. That order is final and must be mailed to the person within 10 days.

(b) To begin, the person must file a verified petition and a copy with the clerk of the same court where they were convicted. They also have to send a copy to the State’s Attorney. The clerk must record the petition and bring it quickly to the judge’s attention.

(c) A person must file this petition within 6 months after the end of their case in the U.S. Supreme Court. If they did not ask the Supreme Court to review their case, they must file it within 6 months after the time to ask for a Supreme Court review has passed. If the person did not directly appeal their conviction at all, they must file within 3 years of the conviction. These deadlines can be extended only if the person can show that the delay was not their fault. The time limits do not apply if the person claims they are actually innocent.

(d) The petition must clearly say that it is filed under this Section. If a petition doesn’t say this, the trial court doesn’t have to treat it as a post-conviction petition.

(e) (Blank)

(f) Only one petition can be filed unless the court gives permission. The court will only allow another petition if the person can show both:

1. They had a valid reason (called “cause”) for not bringing up the issue before–something that prevented them from doing so during the first case.
2. The issue would have changed the outcome of the trial because not raising it before made the trial unfair (“prejudice”).

View the full statute here.

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