HB 1291

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that if a defendant does not file a direct appeal, a post-conviction petition shall be filed no later than 10 years from the date of sentencing (rather than 3 years from the date of conviction). Provides that if the defendant files a direct appeal, the petition may be filed no later than 10 years after sentencing or 6 months after conclusion of proceedings in the United States Supreme Court or 6 months after the period for filing a certiorari petition if a petition for certiorari is not filed, whichever expires later. Provides that these provisions shall be applied retroactively to petitions for post-conviction relief that were dismissed as untimely before the effective date of the amendatory Act but would have been timely if filed on or after that time. Provides that such a petitioner has 2 years after the effective date of the amendatory Act to file his or her post-conviction petition.