IL HB1764 | 2017-2018 | 100th General Assembly

Status

Spectrum: Partisan Bill (Democrat 6-0)
Status: Engrossed on April 5 2017 - 50% progression
Action: 2017-04-25 - Assigned to Criminal Law
Pending: Senate Criminal Law Committee
Text: Latest bill text (Engrossed) [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".

Tracking Information

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Title

MITIGATION-POST-PARTUM DEPRESS

Sponsors


Roll Calls

2017-04-05 - House - Third Reading in House (Y: 113 N: 0 NV: 2 Abs: 2) [PASS]

History

DateChamberAction
2017-04-25SenateAssigned to Criminal Law
2017-04-06SenateReferred to Assignments
2017-04-06SenateFirst Reading
2017-04-05SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
2017-04-05SenateChief Senate Sponsor Sen. Toi W. Hutchinson
2017-04-05SenatePlaced on Calendar Order of First Reading April 6, 2017
2017-04-05SenateArrive in Senate
2017-04-05HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
2017-04-05HouseAdded Chief Co-Sponsor Rep. Melissa Conyears-Ervin
2017-04-05HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
2017-04-05HouseThird Reading - Short Debate - Passed 113-000-000
2017-04-04HousePlaced on Calendar Order of 3rd Reading - Short Debate
2017-04-04HouseSecond Reading - Short Debate
2017-03-29HousePlaced on Calendar 2nd Reading - Short Debate
2017-03-28HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
2017-03-28HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000
2017-03-28HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
2017-03-27HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
2017-03-24HouseHouse Committee Amendment No. 2 Referred to Rules Committee
2017-03-24HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Linda Chapa LaVia
2017-03-07HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
2017-02-24HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2017-02-24HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Linda Chapa LaVia
2017-02-14HouseAssigned to Judiciary - Criminal Committee
2017-02-02HouseReferred to Rules Committee
2017-02-02HouseFirst Reading
2017-02-01HouseFiled with the Clerk by Rep. Linda Chapa LaVia

Code Citations

ChapterArticleSectionCitation TypeStatute Text
73055-5-3.1Amended CodeCitation Text
73552-1401Amended CodeCitation Text

Illinois State Sources


Bill Comments

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