IL HB1764 | 2017-2018 | 100th General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 9-0)
Status: Passed on January 8 2018 - 100% progression
Action: 2018-01-08 - Public Act . . . . . . . . . 100-0574
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 9-0)
Status: Passed on January 8 2018 - 100% progression
Action: 2018-01-08 - Public Act . . . . . . . . . 100-0574
Text: Latest bill text (Chaptered) [HTML]
Summary
Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has, after sentencing, been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial or sentencing, or both. Amends the Code of Civil Procedure concerning relief from final orders and judgments, after 30 days from the entry of the judgment. Provides that a meritorious claim may be made for that relief if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was a direct result of the movant's mental state either suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) the movant was unaware of the mitigating nature of the evidence or if aware was at the time unable to present this defense due to suffering from post-partum depression or post-partum psychosis or at the time of trial or sentencing neither was a recognized mental illness and as such unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the movant is material and noncumulative to other evidence offered at the time of trial or sentencing and it is of such a conclusive character that it would likely change the sentence imposed by the original court. Defines "post-partum depression" and "post-partum psychosis".
Title
MITIGATION-POST-PARTUM DEPRESS
Sponsors
Roll Calls
2017-11-09 - Senate - Third Reading in Senate (Y: 48 N: 2 NV: 9 Abs: 0) [PASS]
2017-04-05 - House - Third Reading in House (Y: 113 N: 0 NV: 2 Abs: 2) [PASS]
2017-04-05 - House - Third Reading in House (Y: 113 N: 0 NV: 2 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2018-01-08 | House | Public Act . . . . . . . . . 100-0574 |
| 2018-01-08 | House | Effective Date June 1, 2018 |
| 2018-01-08 | House | Governor Approved |
| 2017-12-08 | House | Sent to the Governor |
| 2017-11-09 | House | Passed Both Houses |
| 2017-11-09 | Senate | Third Reading - Passed; 048-002-000 |
| 2017-11-09 | Senate | Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins |
| 2017-11-08 | Senate | Placed on Calendar Order of 3rd Reading November 9, 2017 |
| 2017-11-08 | Senate | Second Reading |
| 2017-11-08 | Senate | Placed on Calendar Order of 2nd Reading November 8, 2017 |
| 2017-11-08 | Senate | Approved for Consideration Assignments |
| 2017-08-04 | Senate | Pursuant to Senate Rule 3-9(b) / Referred to Assignments |
| 2017-05-26 | Senate | Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt |
| 2017-05-25 | Senate | Added as Alternate Chief Co-Sponsor Sen. Cristina Castro |
| 2017-05-24 | Senate | Placed on Calendar Order of 2nd Reading May 25, 2017 |
| 2017-05-24 | Senate | Do Pass Criminal Law; 010-000-000 |
| 2017-05-19 | Senate | Rule 2-10 Committee Deadline Established As May 26, 2017 |
| 2017-05-19 | Senate | Postponed - Criminal Law |
| 2017-05-12 | Senate | Rule 2-10 Committee Deadline Established As May 19, 2017 |
| 2017-05-09 | Senate | Postponed - Criminal Law |
| 2017-05-03 | Senate | Postponed - Criminal Law |
| 2017-04-25 | Senate | Assigned to Criminal Law |
| 2017-04-06 | Senate | Referred to Assignments |
| 2017-04-06 | Senate | First Reading |
| 2017-04-05 | Senate | Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter |
| 2017-04-05 | Senate | Chief Senate Sponsor Sen. Toi W. Hutchinson |
| 2017-04-05 | Senate | Placed on Calendar Order of First Reading April 6, 2017 |
| 2017-04-05 | Senate | Arrive in Senate |
| 2017-04-05 | House | Added Chief Co-Sponsor Rep. Robyn Gabel |
| 2017-04-05 | House | Added Chief Co-Sponsor Rep. Melissa Conyears-Ervin |
| 2017-04-05 | House | Added Chief Co-Sponsor Rep. Jehan Gordon-Booth |
| 2017-04-05 | House | Third Reading - Short Debate - Passed 113-000-000 |
| 2017-04-04 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2017-04-04 | House | Second Reading - Short Debate |
| 2017-03-29 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2017-03-28 | House | House Committee Amendment No. 1 Tabled Pursuant to Rule 40 |
| 2017-03-28 | House | Do Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000 |
| 2017-03-28 | House | House Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote |
| 2017-03-27 | House | House Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee |
| 2017-03-24 | House | House Committee Amendment No. 2 Referred to Rules Committee |
| 2017-03-24 | House | House Committee Amendment No. 2 Filed with Clerk by Rep. Linda Chapa LaVia |
| 2017-03-07 | House | House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee |
| 2017-02-24 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 2017-02-24 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Linda Chapa LaVia |
| 2017-02-14 | House | Assigned to Judiciary - Criminal Committee |
| 2017-02-02 | House | Referred to Rules Committee |
| 2017-02-02 | House | First Reading |
| 2017-02-01 | House | Filed with the Clerk by Rep. Linda Chapa LaVia |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 730 | 5 | 5-5-3.1 | Amended Code | Citation Text |
| 735 | 5 | 2-1401 | Amended Code | Citation Text |
