ILCS » Chapter 5 · Act 70
Illinois Compiled Statutes

5 ILCS 70/4 (2026)

No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding

✓ current as of May 2026
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(5 ILCS 70/4) (from Ch. 1, par. 1103)
    Sec. 4. No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding. If any penalty, forfeiture or punishment be mitigated by any provisions of a new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This section shall extend to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision upon the same subject or in any other act.
(Source: R.S. 1874, p. 1011.)

    
Notes of Decisions
Cited in 235 cases (54 in the last 5 years), 1996–2026 · leading case: People v. Hunter, 2017 IL 121306 (Ill. 2017).
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People v. Hunter, 2017 IL 121306 (Ill. 2017). · cites it 8× “*364 ¶ 21 Howard made plain, however, that based on section 4 of the Statute on Statutes ( 5 ILCS 70/4 (West 2014) ), Illinois courts need never go beyond the first step of the Landgraf analysis.”
Caveney v. Bower, 797 N.E.2d 596 (Ill. 2003). · cites it 6× “In section 4 of the Statute on Statutes (5 ILCS 70/4 (West 2000)), which this court describes as "the general saving clause of Illinois" ( Glisson, 202 Ill.”
People v. Glisson, 782 N.E.2d 251 (Ill. 2002). · cites it 4× “More specifically, the issue presented for review by this court is whether the general saving clause of section 4 of the Statute on Statutes (5 ILCS 70/4 (West 2000)) applies to repeals.”
In Re Marriage of Duggan, 877 N.E.2d 1140 (Ill. App. Ct. 2007). · cites it 6× “Section 4 provides that the amended version of a law may not be applied to any substantive matters, but may be applied to "the proceedings thereafter" (after the effective date of the amendments).”
People v. Aguilar, 944 N.E.2d 816 (Ill. App. Ct. 2011). · cites it 6× “The State argues that the amended AUUW statute cannot be applied retroactively to this case where the legislature specifically provided for an effective date that was more than a year after the date of the offense.”
People Ex Rel. Madigan v. Petco Petroleum Corp., 841 N.E.2d 1065 (Ill. App. Ct. 2006). · cites it 4× “The court held that when the legislature has not indicated whether an amendment should be applied retroactively, in accordance with section 4 of the Statute on Statutes (5 ILCS 70/4 (West 2004)), procedural changes to statutes may be applied retroactively, while substantive…”
People ex rel. Alvarez v. Howard, 2016 IL 120729 (Ill. 2016). · cites it 3× “See 5 ILCS 70/4 (West 2014). Section 4 has been interpreted to mean that substantive amendments are prospective only, while procedural ones are retroactive.”
People v. Kinkead, 695 N.E.2d 1255 (Ill. 1998). · cites it 6× “ychotropic drug statute would violate section 4 of the Statute on Statutes (5 ILCS 70/4 (West 1996)), which provides, in relevant part, as follows: "No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense…”
People v. Brown, 2023 IL App (4th) 220400 (Ill. App. Ct. 2023). · cites it 4× “” Hunter, 2017 IL 121306, ¶ 22 ; see 5 ILCS 70/4 (West 2020). That section states as follows: “No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done,…”
People v. Beck, 2021 IL App (5th) 200252 (Ill. App. Ct. 2021). · cites it 3× “5-115 of the Unified Code of Corrections (730 ILCS 5/5-4.”
Allegis Realty Investors v. Novak, 860 N.E.2d 246 (Ill. 2006). · cites it 2× “2d 499, 505 (2002)), provides: “No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right…”
People v. Jarquan B. (In Re Jarquan B.), 2017 IL 121483 (Ill. 2017). · cites it 2× “¶ 37 Additionally, we reject respondent's argument that section 4 of the Statute on Statutes ( 5 ILCS 70/4 (West 2014) ) entitles him the option to be sentenced under the amended section 5-710(1)(b) or the prior version.”
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