IL HB5750

Amends Section 122-1 of the Code of Criminal Procedure of 1963 to expand post-conviction petition eligibility to persons confined or subject to confinement by State, local, or federal government as a result of a State criminal conviction, not just those imprisoned in the penitentiary.

Allows petitions claiming actual innocence based on newly discovered evidence for death penalty cases to be filed within a reasonable period of time after conviction, notwithstanding other time limitations in the Article.

Requires courts to issue written orders with findings of fact and conclusions of law when dismissing actual innocence petitions as frivolous or patently without merit, with dismissal orders served on petitioner by certified mail within 10 days.

Maintains existing filing deadlines for non-death penalty cases: 6 months after conclusion of U.S. Supreme Court proceedings or 3 years from conviction date if no direct appeal is filed, unless petitioner shows delay was not due to culpable negligence.

Exempts actual innocence claims from the time limitations and one-petition-only rule without court leave, allowing such claims to be filed at any time.