What Is a Motion to Reconsider Sentence?
A motion to reconsider sentence asks the judge who sentenced you to reduce or change that sentence. In Illinois it is filed in the trial court under 730 ILCS 5/5-4.5-50(d), and it must be filed within 30 days of the day the sentence was imposed. The court may not increase a sentence on this motion. A timely motion is decided before any appeal can begin.
Updated September 2026
This page explains how the motion works, what the 30-day rule means in practice, how it differs from a motion for a new trial and from an appeal, and what changes when the conviction came from a guilty plea. Ms. Williams handles sentence review matters in the circuit courts of Peoria, McLean, Tazewell, LaSalle, and Macon counties and across Central Illinois.
◆ Illinois Law
Under 730 ILCS 5/5-4.5-50(d) of the Unified Code of Corrections, a defendant's challenge to the correctness of a sentence, or to any aspect of the sentencing hearing, must be made by a written motion filed with the circuit court clerk within 30 days after the sentence is imposed. The same subsection provides that the court may not increase a sentence once it is imposed, and that a timely motion stays (pauses) the time for filing a notice of appeal until the motion is decided.
Source: 730 ILCS 5/5-4.5-50(d) — Unified Code of Corrections, General Sentencing Provisions
The 30-Day Deadline and When It Starts
The clock starts on the day the sentence is pronounced in court, not on the day the written judgment is mailed and not on the day the defendant arrives at the Department of Corrections. Day one is the day after sentencing. If the 30th day falls on a weekend or court holiday, the deadline moves to the next court day under Illinois's general computation rule.
The motion has to be in writing and filed with the circuit clerk. An oral request at the sentencing hearing does not satisfy the statute. The motion must state its grounds: which part of the sentence is being challenged and why.
What the Judge Can and Cannot Do
The sentencing judge hears the motion. Three outcomes are possible: the motion is denied and the sentence stands; the sentence is reduced; or a term of the sentence is modified (for example, a condition of probation or the amount of a fine). The one outcome the statute rules out is a longer sentence. A defendant who files a motion to reconsider does not risk an increase.
The judge decides the motion on the record of the sentencing hearing. Illinois sentencing law sets out factors in aggravation (730 ILCS 5/5-5-3.2) and factors in mitigation (730 ILCS 5/5-5-3.1). A motion commonly argues that an aggravating factor was applied that the statute does not allow, that a mitigating factor in the record was not weighed, or that the sentence falls outside the range for the offense class.
Motion to Reconsider vs. Motion for New Trial vs. Appeal
People searching for "motion to reconsider" in Illinois often mean one of several filings. They have different deadlines that start on different days.
| Filing | Authority | Deadline | Clock starts | What it challenges |
|---|---|---|---|---|
| Motion to reconsider (reduce) sentence | 730 ILCS 5/5-4.5-50(d) | 30 days | Day sentence is imposed | The sentence only |
| Motion for new trial | 725 ILCS 5/116-1 | 30 days | Verdict or finding of guilt | The conviction |
| Post-plea motion (reconsider sentence or withdraw plea) | Ill. S. Ct. R. 604(d) | 30 days | Day sentence is imposed | The sentence, or the plea itself |
| Notice of appeal | Ill. S. Ct. R. 606(b) | 30 days | Final judgment, or the ruling on a timely post-judgment motion | Legal error in the case |
The sequence matters. A timely motion to reconsider is ruled on first. The order deciding it is what starts the 30-day appeal clock. A motion filed on day 31 does not pause anything, and the appeal deadline keeps running from the original judgment.
After a Guilty Plea: Rule 604(d)
Most Illinois convictions come from pleas, and pleas follow their own rule. Illinois Supreme Court Rule 604(d) requires a defendant who wants to appeal after a guilty plea to first file, within 30 days of sentencing, either a motion to reconsider the sentence (if only the sentence is challenged) or a motion to withdraw the plea and vacate the judgment (if the plea is challenged). Without one of those motions, the appeal is barred.
Where the plea was negotiated (the State and the defense agreed on a sentence or a sentencing cap in exchange for the plea), a challenge to the sentence generally must be made by a motion to withdraw the plea. The reasoning is that the defendant received the benefit of the bargain and cannot keep the plea while asking for a lower sentence than the one agreed to. Rule 604(d) also requires defense counsel to file a certificate stating that counsel consulted with the defendant, reviewed the record, and made any amendments to the motion needed to present the defects.
Where the Motion Is Filed in Central Illinois
The motion is filed with the circuit clerk of the county where the case was heard and is decided by that county's circuit court:
- Peoria County — 10th Judicial Circuit, Peoria County Courthouse, 324 Main Street, Peoria
- Tazewell County — 10th Judicial Circuit, Tazewell County Courthouse, Pekin
- McLean County — 11th Judicial Circuit, McLean County Law and Justice Center, Bloomington
- LaSalle County — 13th Judicial Circuit, LaSalle County Courthouse, Ottawa
- Macon County — 6th Judicial Circuit, Macon County Courthouse, Decatur
A direct appeal from any of these circuits goes to the Illinois Appellate Court, Fourth District.
Frequently Asked Questions: Motion to Reconsider Sentence in Illinois
How long do I have to file a motion to reconsider a sentence in Illinois?
Thirty days from the day the sentence is imposed. Under 730 ILCS 5/5-4.5-50(d), a written motion challenging the sentence must be filed with the circuit court clerk within 30 days of sentencing. A motion filed after that window is not timely, and the court loses the authority to reduce the sentence on that motion.
Can the judge increase my sentence if I file a motion to reconsider?
No. 730 ILCS 5/5-4.5-50(d) states that the court may not increase a sentence once it has been imposed. A motion to reconsider asks the court to reduce or modify the sentence; the statute does not allow the motion to be used to make the sentence longer.
What is the difference between a motion to reconsider sentence and an appeal?
A motion to reconsider is filed in the same trial court, in front of the same judge who imposed the sentence. An appeal is filed in the Illinois Appellate Court and asks a different panel of judges to review the case for legal error. In Illinois the motion comes first: a timely motion to reconsider is decided before the appeal clock starts.
Does filing a motion to reconsider pause the appeal deadline?
Yes, when the motion is timely. Under Illinois Supreme Court Rule 606(b), the notice of appeal is due 30 days after the final judgment, or, if a timely post-judgment motion was filed, 30 days after the order deciding that motion. A late motion does not pause the appeal deadline.
I pleaded guilty. Can I still file a motion to reconsider my sentence?
A guilty plea follows Illinois Supreme Court Rule 604(d). Before any appeal, the defendant must file in the trial court, within 30 days of sentencing, either a motion to reconsider the sentence or a motion to withdraw the plea and vacate the judgment. Where the plea was negotiated for a specific sentence, a challenge to that sentence generally has to be made through a motion to withdraw the plea, not a motion to reconsider the sentence alone.
What grounds can a motion to reconsider sentence raise?
The motion is written and must state its grounds. Common grounds include: the sentence is outside the statutory range for the offense class; the court relied on an improper factor in aggravation; the court did not give weight to a statutory factor in mitigation; or the court considered inaccurate information about the defendant's record. The specific grounds available depend on the record of the sentencing hearing.
What happens at the hearing on a motion to reconsider sentence?
The motion is heard by the sentencing judge in the circuit court where the case was tried. The defense presents the grounds stated in the written motion and the State responds. The judge may deny the motion, reduce the sentence, or modify its terms. The ruling is a written order, and that order starts the 30-day appeal clock under Rule 606(b).
Is a motion to reconsider sentence the same as a motion for a new trial?
No. A motion for a new trial is filed under 725 ILCS 5/116-1, within 30 days after the verdict or finding of guilt, and challenges the conviction itself. A motion to reconsider sentence is filed under 730 ILCS 5/5-4.5-50(d), within 30 days after sentencing, and challenges only the sentence. The two motions have different deadlines that start on different days.
Which court handles a motion to reconsider sentence for a Peoria County case?
The Peoria County Circuit Court, 10th Judicial Circuit, at 324 Main Street in Peoria. The motion is filed with the circuit clerk of the county where the case was heard. McLean County cases are filed in the 11th Judicial Circuit in Bloomington; Tazewell County cases in the 10th Judicial Circuit in Pekin; LaSalle County cases in the 13th Judicial Circuit in Ottawa; Macon County cases in the 6th Judicial Circuit in Decatur.
What if the 30-day deadline has already passed?
The trial court cannot reduce a sentence on an untimely motion under 730 ILCS 5/5-4.5-50(d). Other paths may still exist depending on the case, including a post-conviction petition under 725 ILCS 5/122-1 or a late notice of appeal under Illinois Supreme Court Rule 606(c), each with its own rules and time limits. Which of those applies depends on the record and the reason the deadline was missed.
This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. To discuss your situation, contact Ms. Williams at (309) 999-1177.