IL HB0043

Amends the Code of Criminal Procedure of 1963 to expand eligibility for post-conviction hearings to include persons who have served their sentences, not just those currently imprisoned in the penitentiary.

Changes language in Section 122-1 from "imprisoned in the penitentiary" to "serving or has served his or her sentence of imprisonment" for both felony and misdemeanor convictions.

Makes the same linguistic change in Section 122-2.1 to allow courts to consider petitions from individuals who have completed their sentences.

Allows actual innocence claims to be filed within a reasonable period of time without the standard 6-month or 3-year filing deadline restrictions.

Maintains existing provisions requiring courts to dismiss frivolous or patently meritless petitions within 90 days and to appoint counsel for death-sentenced defendants without means.