ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/122-1 (2026)

Petition in the trial court

✓ current as of May 2026
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(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
    Sec. 122-1. Petition in the trial court.
    (a) Any person imprisoned in the penitentiary may institute a proceeding under this Article if the person asserts that:
        (1) in the proceedings which resulted in his or her
    
conviction there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois or both;
        (2) (blank); or
        (3) (blank).
    (a-5) A proceeding under paragraph (2) of subsection (a) may be commenced within a reasonable period of time after the person's conviction notwithstanding any other provisions of this Article. In such a proceeding regarding actual innocence, if the court determines the petition is frivolous or is patently without merit, it shall dismiss the petition in a written order, specifying the findings of fact and conclusions of law it made in reaching its decision. Such order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.
    (b) The proceeding shall be commenced by filing with the clerk of the court in which the conviction took place a petition (together with a copy thereof) verified by affidavit. Petitioner shall also serve another copy upon the State's Attorney by any of the methods provided in Rule 7 of the Supreme Court. The clerk shall docket the petition for consideration by the court pursuant to Section 122-2.1 upon his or her receipt thereof and bring the same promptly to the attention of the court.
    (c) No proceedings under this Article shall be commenced more than 6 months after the conclusion of proceedings in the United States Supreme Court, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. If a petition for certiorari is not filed, no proceedings under this Article shall be commenced more than 6 months from the date for filing a certiorari petition, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. If a defendant does not file a direct appeal, the post-conviction petition shall be filed no later than 3 years from the date of conviction, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence.
    This limitation does not apply to a petition advancing a claim of actual innocence.
    (d) A person seeking relief by filing a petition under this Section must specify in the petition or its heading that it is filed under this Section. A trial court that has received a petition complaining of a conviction or sentence that fails to specify in the petition or its heading that it is filed under this Section need not evaluate the petition to determine whether it could otherwise have stated some grounds for relief under this Article.
    (e) (Blank).
    (f) Only one petition may be filed by a petitioner under this Article without leave of the court. Leave of court may be granted only if a petitioner demonstrates cause for his or her failure to bring the claim in his or her initial post-conviction proceedings and prejudice results from that failure. For purposes of this subsection (f): (1) a prisoner shows cause by identifying an objective factor that impeded his or her ability to raise a specific claim during his or her initial post-conviction proceedings; and (2) a prisoner shows prejudice by demonstrating that the claim not raised during his or her initial post-conviction proceedings so infected the trial that the resulting conviction or sentence violated due process.
(Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24.)

    
Notes of Decisions
Cited in 3,613 cases (1,859 in the last 5 years), 1993–2026 · leading case: People v. Boclair, 789 N.E.2d 734 (Ill. 2002).
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People v. Boclair, 789 N.E.2d 734 (Ill. 2002). · cites it 15× “725 ILCS 5/122-1 et seq. (West 2000); People v.”
People v. Bailey, 2017 IL 121450 (Ill. 2017). · cites it 9× “¶ 11 ANALYSIS ¶ 12 The single issue before us is whether, under the Post-Conviction Hearing Act ( 725 ILCS 5/122-1 et seq. (West 2014)), the denial of defendant's motion for leave to file a successive postconviction petition must be reversed because the circuit court permitted…”
People v. Rissley, 795 N.E.2d 174 (Ill. 2003). · cites it 10× “Defendant's pro se petition and the amended petition contained, in total, some 21 different claims, including a single claim in which it was argued that appellate counsel was ineffective for failing to incorporate and brief the 56 issues raised in the various postsentencing…”
People v. Edwards, 757 N.E.2d 442 (Ill. 2001). · cites it 6× “Justice McMORROW delivered the opinion of the court: The defendant, Donald Edwards, filed a pro se post-conviction petition in the circuit court of Champaign County pursuant to the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 1998)) in which he alleged that,…”
People v. Collins, 782 N.E.2d 195 (Ill. 2002). · cites it 8× “In that order, the appellate court concluded that, although the allegations set forth above stated the gist of a meritorious constitutional claim, the absence of any supporting documentation rendered defendant's petition insufficient to justify second-stage review under the…”
People v. Dorsey, 2021 IL 123010 (Ill. 2021). · cites it 5× “Accordingly, the majority holds that defendant has not demonstrated the requisite prejudice to file a successive postconviction petition pursuant to the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2014)). Supra ¶¶ 63-64.”
People v. Clark, 2023 IL 127273 (Ill. 2023). · cites it 6× “¶ 24 In May 2001, defendant filed his first postconviction petition pursuant to the Post-Conviction Hearing Act (Postconviction Act) (725 ILCS 5/122-1 et. seq. (West 2000)), raising various challenges to his plea and sentence, including that his sentence violated Apprendi v.”
People v. Johnson, 2021 IL 125738 (Ill. 2021). · cites it 7× “By the time defendant filed his petition, he had discharged his sentence for unlawful restraint, but he was in prison for failing to register as required by the Child Murderer and Violent Offender Against Youth Registration Act (Violent Offender Act) (see 730 ILCS 154/1 et seq.”
People v. Edwards, 966 N.E.2d 417 (Ill. App. Ct. 2012). · cites it 9× “725 ILCS 5/122-1(c) (West 2000) ("No proceedings under this Article shall be commenced more than * * * 3 years from the date of conviction * * *.”
People v. Blair, 831 N.E.2d 604 (Ill. 2005). · cites it 5× “The trial court summarily dismissed the petition based on res judicata or waiver.”
People v. Custer, 2019 IL 123339 (Ill. 2019). · cites it 4× “” Before deciding whether to expand Krankel’s judicially created procedures to postconviction counsel, however, we first examine the policies and case law underlying proceedings under the Act (725 ILCS 5/122-1 et seq. (West 2010)). ¶ 29 Our legislature expressly adopted the Act…”
People v. Haines, 2021 IL App (4th) 190612 (Ill. App. Ct. 2021). · cites it 7× “¶ 18 The Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2018)) is not meant to provide defendants an opportunity to relitigate their claims.”
Show all 3,613 citing cases →
— 725 ILCS 5/122-1(0) — 1 case
Willie Freeman v. James H. Page, Warden, Stateville Corr. Ctr., 208 F.3d 572 (7th Cir. 2000).
— 725 ILCS 5/122-1(A)(1) — 1 case
People v. Clark, 2020 IL App (4th) 170762-U (Ill. App. Ct. 2020).
— 725 ILCS 5/122-1(C) — 1 case
People v. Faraone (Ill. App. Ct. 2000).
— 725 ILCS 5/122-1(F) — 3 cases
People v. Matlick, 2019 IL App (4th) 170564-U (Ill. App. Ct. 2019).
People v. Pounders, 2021 IL App (1st) 200313-U (Ill. App. Ct. 2021).
People v. Marshall, 2026 IL App (4th) 250046-U (Ill. App. Ct. 2026).
— 725 ILCS 5/122-1(a) — 223 cases
People v. Bailey, 2017 IL 121450 (Ill. 2017). “¶ 11 ANALYSIS ¶ 12 The single issue before us is whether, under the Post-Conviction Hearing Act ( 725 ILCS 5/122-1 et seq. (West 2014)), the denial of defendant's motion for leave to file a successive postconviction petition must be reversed because the circuit court permitted…”
People v. Johnson, 2021 IL 125738 (Ill. 2021). “By the time defendant filed his petition, he had discharged his sentence for unlawful restraint, but he was in prison for failing to register as required by the Child Murderer and Violent Offender Against Youth Registration Act (Violent Offender Act) (see 730 ILCS 154/1 et seq.”
People v. Coe, 2018 IL App (4th) 170359 (Ill. App. Ct. 2018).
People v. Blair, 831 N.E.2d 604 (Ill. 2005). “The trial court summarily dismissed the petition based on res judicata or waiver.”
People v. English, 2013 IL 112890 (Ill. 2013).
— 725 ILCS 5/122-1(a)(1) — 331 cases
People v. Custer, 2019 IL 123339 (Ill. 2019). “” Before deciding whether to expand Krankel’s judicially created procedures to postconviction counsel, however, we first examine the policies and case law underlying proceedings under the Act (725 ILCS 5/122-1 et seq. (West 2010)). ¶ 29 Our legislature expressly adopted the Act…”
People v. Johnson, 2021 IL 125738 (Ill. 2021). “By the time defendant filed his petition, he had discharged his sentence for unlawful restraint, but he was in prison for failing to register as required by the Child Murderer and Violent Offender Against Youth Registration Act (Violent Offender Act) (see 730 ILCS 154/1 et seq.”
People v. Dorsey, 2021 IL 123010 (Ill. 2021). “Accordingly, the majority holds that defendant has not demonstrated the requisite prejudice to file a successive postconviction petition pursuant to the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2014)). Supra ¶¶ 63-64.”
People v. Addison, 2023 IL 127119 (Ill. 2023).
People v. Lusby, 2020 IL 124046 (Ill. 2020).
— 725 ILCS 5/122-1(a)(2) — 3 cases
People v. Jones, 927 N.E.2d 710 (Ill. App. Ct. 2010).
People v. Lomeli, 2023 IL App (3d) 200291-U (Ill. App. Ct. 2023).
People v. Jones (Ill. App. Ct. 2010).
— 725 ILCS 5/122-1(a)(3) — 2 cases
People v. Pounders, 2021 IL App (1st) 200313-U (Ill. App. Ct. 2021).
People v. McCarron, 2022 IL App (3d) 200404 (Ill. App. Ct. 2022).
— 725 ILCS 5/122-1(a)(3)(E) — 1 case
People v. McCarron, 2022 IL App (3d) 200404 (Ill. App. Ct. 2022).
— 725 ILCS 5/122-1(b) — 155 cases
People v. Collins, 782 N.E.2d 195 (Ill. 2002). “In that order, the appellate court concluded that, although the allegations set forth above stated the gist of a meritorious constitutional claim, the absence of any supporting documentation rendered defendant's petition insufficient to justify second-stage review under the…”
People v. De La Paz, 791 N.E.2d 489 (Ill. 2003).
People v. Boclair, 789 N.E.2d 734 (Ill. 2002). “725 ILCS 5/122-1 et seq. (West 2000); People v.”
People v. Bailey, 2017 IL 121450 (Ill. 2017). “¶ 11 ANALYSIS ¶ 12 The single issue before us is whether, under the Post-Conviction Hearing Act ( 725 ILCS 5/122-1 et seq. (West 2014)), the denial of defendant's motion for leave to file a successive postconviction petition must be reversed because the circuit court permitted…”
People v. Allen, 2015 IL 113135 (Ill. 2015).
— 725 ILCS 5/122-1(c) — 219 cases
People v. Boclair, 789 N.E.2d 734 (Ill. 2002). “725 ILCS 5/122-1 et seq. (West 2000); People v.”
People v. Johnson, 2017 IL 120310 (Ill. 2017).
People v. Perkins, 890 N.E.2d 398 (Ill. 2008).
People v. Johnson, 2017 IL 120310 (Ill. 2017).
People v. Edwards, 966 N.E.2d 417 (Ill. App. Ct. 2012). “725 ILCS 5/122-1(c) (West 2000) ("No proceedings under this Article shall be commenced more than * * * 3 years from the date of conviction * * *.”
— 725 ILCS 5/122-1(c)(a)(2) — 2 cases
People v. Dalton, 2017 IL App (3d) 150213 (Ill. App. Ct. 2017).
People v. Dalton, 2017 IL App (3d) 150213 (Ill. App. Ct. 2017).
— 725 ILCS 5/122-1(d) — 29 cases
People v. Stoffel, 941 N.E.2d 147 (Ill. 2010).
People v. Bean, 906 N.E.2d 738 (Ill. App. Ct. 2009).
People v. Johnson, 816 N.E.2d 636 (Ill. App. Ct. 2004).
People v. Strickland, 2017 IL App (4th) 150714 (Ill. App. Ct. 2017).
People v. Johnson, 2019 IL App (4th) 170622 (Ill. App. Ct. 2019).
— 725 ILCS 5/122-1(f) — 706 cases
People v. Bailey, 2017 IL 121450 (Ill. 2017). “¶ 11 ANALYSIS ¶ 12 The single issue before us is whether, under the Post-Conviction Hearing Act ( 725 ILCS 5/122-1 et seq. (West 2014)), the denial of defendant's motion for leave to file a successive postconviction petition must be reversed because the circuit court permitted…”
People v. Haines, 2021 IL App (4th) 190612 (Ill. App. Ct. 2021). “¶ 18 The Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2018)) is not meant to provide defendants an opportunity to relitigate their claims.”
People v. Gutierrez, 954 N.E.2d 365 (Ill. App. Ct. 2011).
People v. Edwards, 966 N.E.2d 417 (Ill. App. Ct. 2012). “725 ILCS 5/122-1(c) (West 2000) ("No proceedings under this Article shall be commenced more than * * * 3 years from the date of conviction * * *.”
People v. Clark, 2023 IL 127273 (Ill. 2023). “¶ 24 In May 2001, defendant filed his first postconviction petition pursuant to the Post-Conviction Hearing Act (Postconviction Act) (725 ILCS 5/122-1 et. seq. (West 2000)), raising various challenges to his plea and sentence, including that his sentence violated Apprendi v.”
— 725 ILCS 5/122-1(f)(1) — 27 cases
People v. Clark, 2023 IL 127273 (Ill. 2023). “¶ 24 In May 2001, defendant filed his first postconviction petition pursuant to the Post-Conviction Hearing Act (Postconviction Act) (725 ILCS 5/122-1 et. seq. (West 2000)), raising various challenges to his plea and sentence, including that his sentence violated Apprendi v.”
People v. Wilson, 2023 IL 127666 (Ill. 2023).
People v. Ryburn, 2019 IL App (4th) 170779 (Ill. App. Ct. 2019).
People v. Griffin, 2024 IL 128587 (Ill. 2024).
People v. Ortiz, 896 N.E.2d 791 (Ill. App. Ct. 2008).
— 725 ILCS 5/122-1(f)(2) — 17 cases
People v. Ryburn, 2019 IL App (4th) 170779 (Ill. App. Ct. 2019).
People v. Ortiz, 896 N.E.2d 791 (Ill. App. Ct. 2008).
People v. Shotts, 2015 IL App (4th) 130695 (Ill. App. Ct. 2015).
People v. Shotts, 2015 IL App (4th) 130695 (Ill. App. Ct. 2015).
People v. Butler, 2021 IL App (1st) 200038-U (Ill. App. Ct. 2021).
— 725 ILCS 5/122-1(f)(2018) — 1 case
People v. Reese, 2021 IL App (1st) 181926-U (Ill. App. Ct. 2021).
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