Illinois HB 4325: POST CONVICTION-RESENTENCING

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104TH GENERAL ASSEMBLY 
State of Illinois 
2025 and 2026
HB4325

Introduced 1/14/2026, by Rep. Anne Stava 

SYNOPSIS AS INTRODUCED:

725 ILCS 5/122-9

 Amends the Code of Criminal Procedure of 1963. Provides that an eligible offender or an eligible offender's attorney or an attorney associate of the attorney (rather than the State's Attorney of the county in which the defendant was sentenced) may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the court has 6 months from when a petition was filed to respond to the petition. Provides that the criteria for being an "eligible offender" are that the eligible offender: (1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State; (2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing; (3) must have participated in educational programs, drug programs, or received earned credit through work programs; (4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing; (5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior the filing of the petition; and (6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.

LRB104 16983 RLC 30397 b

A BILL FOR

HB4325LRB104 16983 RLC 30397 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 

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