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HB 3549

Relating to fluorescent lamps; declaring an emergency.

2025 Regular Session Introduced by Zach Hudson and 1 co-sponsor

HB 3549 expands remedies for noncitizens by requiring stronger advisement on immigration consequences and creating a new trial‑court petition to vacate convictions with improper un

In committee upon adjournment.
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Bill Summary · HB 3549

Summary — HB 3549 (104th General Assembly, 2025)

Note: The bill text provided concerns criminal pleas and post-conviction relief for convictions with immigration consequences. The bill title in the header (“Relating to fluorescent lamps; declaring an emergency”) appears to be a clerical mismatch; the summary below reflects the bill text as introduced.

Purpose

HB 3549 expands remedies available in Illinois trial courts for people whose convictions or sentences have immigration consequences. It (1) strengthens the mandatory advisement given to noncitizen defendants before plea acceptance and creates a remedy when courts fail to provide that advisement; and (2) creates a new, independent trial‑court petition to vacate convictions or sentences that were legally invalid because immigration consequences were not properly understood/communicated or where newly discovered evidence of actual innocence exists.

Key provisions

  • Amends Section 113‑8 (advisement concerning noncitizen status):

    • Requires the court, before accepting a plea (guilty, guilty but mentally ill, or nolo contendere), to advise noncitizen defendants that conviction may result in deportation, exclusion, or denial of naturalization.
    • If the defendant was arraigned on or after the bill’s effective date and the court failed to give the advisement, and the defendant shows the conviction may have immigration consequences, the court must vacate the judgment and allow withdrawal of the plea on motion. The motion must be filed within 2 years of the conviction. People previously time‑barred may pursue remedies under this Section or the new Section 124C‑1.

  • Adds Article 124C — Section 124C‑1 (trial‑court petition to vacate):

    • Any person may file a petition to vacate a conviction or sentence regardless of custody status or immigration/citizenship status (citizenship/immigration status is as defined in the Illinois TRUST Act).
    • Grounds: (1) conviction/sentence is legally invalid due to prejudicial error that damaged the person’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences (this includes but is not limited to ineffective assistance of counsel or failure to give required admonitions); or (2) newly discovered evidence of actual innocence requiring vacation as a matter of law or in the interests of justice.
    • Timeliness: A petition under this section is considered timely at any time; time limits that apply under Section 122‑1 (post‑conviction) do not apply.
    • Procedure: Petitions must identify the underlying proceeding, state the asserted violations or new evidence, and may attach affidavits/records. Courts can appoint counsel for indigent petitioners. The court must set a hearing within 90 days of filing (45 days if the petitioner is in ICE custody or faces imminent removal). The State’s Attorney may file an answer within 30 days after the court’s order setting a hearing. The court may grant relief without a hearing if the State does not timely object.

  • Amends the Code of Civil Procedure provision giving relief from orders/judgments entered on pleas that have immigration consequences to apply to orders entered before, on, or after the act’s effective date (retroactivity provision).

Who would be affected

  • Noncitizen defendants and immigrants (including those in ICE custody or facing removal).
  • People who entered pleas without meaningful understanding of immigration consequences.
  • Defense counsel (duty to advise or ensure advisement), prosecutors, and courts (new procedures and deadlines).
  • State’s Attorneys (obligation to respond within specified timeframes).
  • Potentially individuals previously barred by post‑conviction time limits — HB 3549 opens a path to challenge certain past pleas.

Procedural status (selected)

  • Introduced: February 18–28, 2025 (filed by Rep. Justin Slaughter).
  • Co‑sponsors: Rep. Laura Faver Dias; Rep. Edgar González, Jr. added later.
  • Committee referrals: Rules; Judiciary — Criminal; Public Education; Climate, Energy, and Environment (various procedural referrals).
  • Latest status: In committee upon adjournment (as of 2025‑06‑28).

Other considerations

  • The bill defines “conviction” by reference to federal law (8 U.S.C. 1101(a)(48)), which has a broad definition relevant to immigration consequences.
  • The title’s emergency‑declaration language is not present in the excerpted text; if an emergency clause is included in final enactment, the act would take effect immediately upon enactment.

Compiled from official sources — confirm details with the bill’s official record.

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