Bill Title: 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".
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2018-01-08 - Public Act . . . . . . . . . 100-0574
[HB1764 Detail]Download: Illinois-2017-HB1764-Chaptered.html
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| Public Act 100-0574
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| HB1764 Enrolled | LRB100 04687 RLC 14693 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 122-1 as follows:
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(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
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Sec. 122-1. Petition in the trial court.
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(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; or
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(2) the death penalty was imposed and there is
newly |
discovered evidence not available to the person at
the time |
of the proceeding that resulted in his or her
conviction |
that establishes a substantial basis to believe that the |
defendant
is actually innocent by clear and convincing |
evidence; or .
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(3) by a preponderance of the evidence that each of the |
following allegations in the petition establish: |
(A) he or she was convicted of a forcible felony; |
(B) his or her participation in the offense was a |
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direct result of the
person's mental state either |
suffering from post-partum depression or
post-partum |
psychosis; |
(C) no evidence of post-partum depression or |
post-partum psychosis
was presented by a qualified |
medical person at trial or sentencing, or both; |
(D) he or she 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
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trial or sentencing neither was a recognized mental |
illness and as such unable to receive
proper treatment; |
and |
(E) evidence of post-partum depression or |
post-partum psychosis as
suffered by the person is |
material and noncumulative to other evidence offered
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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. |
Nothing in this paragraph (3) prevents a person from |
applying for
any other relief under this Article or any |
other law otherwise available to him or her. |
As used in this paragraph (3): |
"Post-partum depression"
means a mood disorder |
which strikes many
women during and after pregnancy |
which usually occurs during
pregnancy and up to 12 |
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months after delivery. This depression
can include |
anxiety disorders. |
"Post-partum psychosis" means an extreme form of |
post-partum
depression which can occur during |
pregnancy and up to 12
months after delivery. This can |
include losing touch with
reality, distorted thinking, |
delusions, auditory and visual
hallucinations, |
paranoia, hyperactivity and rapid speech, or mania. |
(a-5) A proceeding under paragraph (2) of subsection (a)
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may be commenced within a reasonable period of time after the |
person's
conviction
notwithstanding any other provisions of
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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.
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(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 |
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attention of the court.
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(c) Except as otherwise provided in subsection (a-5), if
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the petitioner is under sentence of death and a petition for |
writ of certiorari is filed,
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.
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When a defendant has a sentence other than death, 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.
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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
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whether it could otherwise have stated some grounds for relief |
under
this Article.
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(e) A proceeding under this Article may not be commenced on |
behalf of a
defendant who has been sentenced to death without |
the written consent of the
defendant, unless the defendant, |
because of a mental or physical condition, is
incapable of |
asserting his or her own claim.
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(f) Except for petitions brought under paragraph (3) of |
subsection (a) of this Section, only 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 |
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raised during his or her initial
post-conviction proceedings so |
infected the trial that the resulting conviction
or
sentence |
violated due process.
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(Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03; |
93-972, eff. 8-20-04.)
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Section 10. The Unified Code of Corrections is amended by |
changing Section 5-5-3.1 as follows:
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(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
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Sec. 5-5-3.1. Factors in mitigation.
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(a) The following
grounds shall be accorded weight in favor |
of withholding or
minimizing a sentence of imprisonment:
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(1) The defendant's criminal conduct neither caused |
nor
threatened serious physical harm to another.
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(2) The defendant did not contemplate that his criminal |
conduct would
cause or threaten serious physical harm to |
another.
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(3) The defendant acted under a strong provocation.
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(4) There were substantial grounds tending to excuse or |
justify
the defendant's criminal conduct, though failing |
to establish a
defense.
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(5) The defendant's criminal conduct was induced or |
facilitated
by someone other than the defendant.
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(6) The defendant has compensated or will compensate |
the victim
of his criminal conduct for the damage or injury |
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that he sustained.
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(7) The defendant has no history of prior delinquency |
or
criminal activity or has led a law-abiding life for a |
substantial
period of time before the commission of the |
present crime.
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(8) The defendant's criminal conduct was the result of
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circumstances unlikely to recur.
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(9) The character and attitudes of the defendant |
indicate that he is
unlikely to commit another crime.
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(10) The defendant is particularly likely to comply |
with the terms of
a period of probation.
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(11) The imprisonment of the defendant would entail |
excessive
hardship to his dependents.
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(12) The imprisonment of the defendant would endanger |
his or her medical
condition.
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(13) The defendant was a person with an intellectual |
disability as defined in Section 5-1-13 of
this Code.
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(14) The defendant sought or obtained emergency |
medical assistance for an overdose and was convicted of a |
Class 3 felony or higher possession, manufacture, or |
delivery of a controlled, counterfeit, or look-alike |
substance or a controlled substance analog under the |
Illinois Controlled Substances Act or a Class 2 felony or |
higher possession, manufacture or delivery of |
methamphetamine under the Methamphetamine Control and |
Community Protection Act. |
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(15) At the time of the offense, the defendant is or |
had been the victim of domestic violence and the effects of |
the domestic violence tended to excuse or justify the |
defendant's criminal conduct. As used in this paragraph |
(15), "domestic violence" means abuse as defined in Section |
103 of the Illinois Domestic Violence Act of 1986. |
(16) At the time of the offense, the defendant was |
suffering from a serious mental illness which, though |
insufficient to establish the defense of insanity, |
substantially affected his or her ability to understand the |
nature of his or her acts or to conform his or her conduct |
to the requirements of the law. |
(17) 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 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. In this paragraph (17): |
"Post-partum depression"
means a mood disorder |
which strikes many
women during and after pregnancy |
which usually occurs during
pregnancy and up to 12 |
months after delivery. This depression
can include |
anxiety disorders. |
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"Post-partum psychosis" means an extreme form of |
post-partum
depression which can occur during |
pregnancy and up to 12
months after delivery. This can |
include losing touch with
reality, distorted thinking, |
delusions, auditory and visual
hallucinations, |
paranoia, hyperactivity and rapid speech, or mania. |
(b) If the court, having due regard for the character of |
the
offender, the nature and circumstances of the offense and |
the
public interest finds that a sentence of imprisonment is |
the
most appropriate disposition of the offender, or where |
other
provisions of this Code mandate the imprisonment of the |
offender,
the grounds listed in paragraph (a) of this |
subsection shall be
considered as factors in mitigation of the |
term imposed.
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(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; |
99-384, eff. 1-1-16; 99-642, eff. 7-28-16; 99-877, eff. |
8-22-16.)
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