Bill Text: IL SB1627 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Criminal Procedure of 1963. Eliminates the amendatory changes made by Public Act 100-574 to the Code. Amends the Code of Civil Procedure. Provides that a movant may present a meritorious claim under this section if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) she was convicted of a forcible felony; (2) her participation in the offense was a direct result of her 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) 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 trial or sentencing, neither was a recognized mental illness and as such she was unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the person 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. Provides that the new provision is inoperative 2 years after its effective date. Provides that nothing in the new provision prevents a person from applying for any other relief under the Civil Practice Law or any other law otherwise available to her. Defines "post-partum depression" and "post-partum psychosis".

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0411 [SB1627 Detail]

Download: Illinois-2019-SB1627-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1627 Introduced 2/15/2019, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED:
725 ILCS 5/122-1 from Ch. 38, par. 122-1
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
Amends the Code of Criminal Procedure of 1963. Eliminates the amendatory changes made by Public Act 100-574 to the Code. Amends the Code of Civil Procedure. Provides that a movant may present a meritorious claim under this section if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) she was convicted of a forcible felony; (2) her participation in the offense was a direct result of her 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) 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 trial or sentencing, neither was a recognized mental illness and as such she was unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the person 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. Provides that the new provision is inoperative 2 years after its effective date. Provides that nothing in the new provision prevents a person from applying for any other relief under the Civil Practice Law or any other law otherwise available to her. Defines "post-partum depression" and "post-partum psychosis".
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A BILL FOR
SB1627 LRB101 00249 RLC 45253 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 122-1 as follows:
(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
Sec. 122-1. Petition in the trial court.
(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;
(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
(3) (blank). 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;

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(B) his or her participation in the offense was a
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
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
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

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which usually occurs during pregnancy and up to 12
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)
may be commenced within a reasonable period of time after the
person's conviction notwithstanding any other provisions of
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.
(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

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or her receipt thereof and bring the same promptly to the
attention of the court.
(c) Except as otherwise provided in subsection (a-5), if
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.
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

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negligence.
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
whether it could otherwise have stated some grounds for relief
under this Article.
(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.
(f) Only Except for petitions brought under paragraph (3)
of subsection (a) of this Section, 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)

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a prisoner shows prejudice by demonstrating that the claim not
raised during his or her initial post-conviction proceedings so
infected the trial that the resulting conviction or sentence
violated due process.
(Source: P.A. 100-574, eff. 6-1-18.)
Section 10. The Code of Civil Procedure is amended by
changing Section 2-1401 as follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30 days
from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis, bills
of review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds for
such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of the
order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in the
Illinois Parentage Act of 2015, there shall be no distinction
between actions and other proceedings, statutory or otherwise,
as to availability of relief, grounds for relief or the relief
obtainable.
(b) The petition must be filed in the same proceeding in

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which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. A petition to reopen a foreclosure proceeding must
include as parties to the petition, but is not limited to, all
parties in the original action in addition to the current
record title holders of the property, current occupants, and
any individual or entity that had a recorded interest in the
property before the filing of the petition. All parties to the
petition shall be notified as provided by rule.
(b-5) A movant may present a meritorious claim under this
Section 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
related to him or her previously having been a victim of
domestic violence as perpetrated by an intimate partner;
(3) no evidence of domestic violence against the movant
was presented at the movant's sentencing hearing;
(4) the movant was unaware of the mitigating nature of
the evidence of the domestic violence at the time of
sentencing and could not have learned of its significance
sooner through diligence; and
(5) the new evidence of domestic violence against the
movant is material and noncumulative to other evidence
offered at the sentencing hearing, and is of such a

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conclusive character that it would likely change the
sentence imposed by the original trial court.
Nothing in this subsection (b-5) shall prevent a movant
from applying for any other relief under this Section or any
other law otherwise available to him or her.
As used in this subsection (b-5):
"Domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
"Forcible felony" has the meaning ascribed to the term
in Section 2-8 of the Criminal Code of 2012.
"Intimate partner" means a spouse or former spouse,
persons who have or allegedly have had a child in common,
or persons who have or have had a dating or engagement
relationship.
(b-10) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
(A) she was convicted of a forcible felony;
(B) her participation in the offense was a direct
result of her 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) she was unaware of the mitigating nature of the
evidence or, if aware, was at the time unable to present

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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, she was 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 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 subsection (b-10) prevents a person from
applying for any other relief under this Article or any other
law otherwise available to her.
This subsection (b-10) is inoperative 2 years after the
effective date of this amendatory Act of the 101st General
Assembly.
As used in this subsection (b-10):
"Post-partum depression" means a mood disorder which
strikes many women during and after pregnancy and usually
occurs during pregnancy and up to 12 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,

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hyperactivity and rapid speech, or mania.
(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963 or subsection (b-10) of this Section, the
petition must be filed not later than 2 years after the entry
of the order or judgment. Time during which the person seeking
relief is under legal disability or duress or the ground for
relief is fraudulently concealed shall be excluded in computing
the period of 2 years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title or interest in or to any real or
personal property of any person, not a party to the original
action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
When a petition is filed pursuant to this Section to reopen a
foreclosure proceeding, notwithstanding the provisions of
Section 15-1701 of this Code, the purchaser or successor
purchaser of real property subject to a foreclosure sale who

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was not a party to the mortgage foreclosure proceedings is
entitled to remain in possession of the property until the
foreclosure action is defeated or the previously foreclosed
defendant redeems from the foreclosure sale if the purchaser
has been in possession of the property for more than 6 months.
(f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-1048, eff. 8-23-18.)