Bill Text: IL SB1627 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||||
5 | amended by changing Section 122-1 as follows:
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6 | (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
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7 | Sec. 122-1. Petition in the trial court.
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8 | (a) Any person imprisoned in the penitentiary may institute | |||||||||||||||||||||
9 | a proceeding under this Article if the person asserts that: | |||||||||||||||||||||
10 | (1) in the
proceedings which resulted in his or her | |||||||||||||||||||||
11 | conviction there was a substantial
denial of his or her | |||||||||||||||||||||
12 | rights under the Constitution of the United States or
of | |||||||||||||||||||||
13 | the State of Illinois or both;
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14 | (2) the death penalty was imposed and there is
newly | |||||||||||||||||||||
15 | discovered evidence not available to the person at
the time | |||||||||||||||||||||
16 | of the proceeding that resulted in his or her
conviction | |||||||||||||||||||||
17 | that establishes a substantial basis to believe that the | |||||||||||||||||||||
18 | defendant
is actually innocent by clear and convincing | |||||||||||||||||||||
19 | evidence; or
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20 | (3) (blank). by a preponderance of the evidence that | |||||||||||||||||||||
21 | each of the following allegations in the petition | |||||||||||||||||||||
22 | establish: | |||||||||||||||||||||
23 | (A) he or she was convicted of a forcible felony; |
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1 | (B) his or her participation in the offense was a | ||||||
2 | direct result of the
person's mental state either | ||||||
3 | suffering from post-partum depression or
post-partum | ||||||
4 | psychosis; | ||||||
5 | (C) no evidence of post-partum depression or | ||||||
6 | post-partum psychosis
was presented by a qualified | ||||||
7 | medical person at trial or sentencing, or both; | ||||||
8 | (D) he or she was unaware of the mitigating nature | ||||||
9 | of the evidence
or if aware was at the time unable to | ||||||
10 | present this defense due to suffering
from post-partum | ||||||
11 | depression or post-partum psychosis or at the time of
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12 | trial or sentencing neither was a recognized mental | ||||||
13 | illness and as such unable to receive
proper treatment; | ||||||
14 | and | ||||||
15 | (E) evidence of post-partum depression or | ||||||
16 | post-partum psychosis as
suffered by the person is | ||||||
17 | material and noncumulative to other evidence offered
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18 | at the time of trial or sentencing and it is of such a | ||||||
19 | conclusive character
that it would likely change the | ||||||
20 | sentence imposed by the original court. | ||||||
21 | Nothing in this paragraph (3) prevents a person from | ||||||
22 | applying for
any other relief under this Article or any | ||||||
23 | other law otherwise available to him or her. | ||||||
24 | As used in this paragraph (3): | ||||||
25 | "Post-partum depression"
means a mood disorder | ||||||
26 | which strikes many
women during and after pregnancy |
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1 | which usually occurs during
pregnancy and up to 12 | ||||||
2 | months after delivery. This depression
can include | ||||||
3 | anxiety disorders. | ||||||
4 | "Post-partum psychosis" means an extreme form of | ||||||
5 | post-partum
depression which can occur during | ||||||
6 | pregnancy and up to 12
months after delivery. This can | ||||||
7 | include losing touch with
reality, distorted thinking, | ||||||
8 | delusions, auditory and visual
hallucinations, | ||||||
9 | paranoia, hyperactivity and rapid speech, or mania. | ||||||
10 | (a-5) A proceeding under paragraph (2) of subsection (a)
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11 | may be commenced within a reasonable period of time after the | ||||||
12 | person's
conviction
notwithstanding any other provisions of
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13 | this Article. In such a proceeding regarding
actual innocence, | ||||||
14 | if the court determines the petition is
frivolous or is | ||||||
15 | patently without merit, it shall dismiss the
petition in a | ||||||
16 | written order, specifying the findings of fact
and conclusions | ||||||
17 | of law it made in reaching its decision.
Such order of | ||||||
18 | dismissal is a final judgment and shall be
served upon the | ||||||
19 | petitioner by certified mail within 10 days
of its entry.
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20 | (b) The proceeding shall be commenced by filing with the | ||||||
21 | clerk of the court
in which the conviction took place a | ||||||
22 | petition (together with a copy thereof)
verified by affidavit. | ||||||
23 | Petitioner shall also serve another copy upon the
State's | ||||||
24 | Attorney by any of the methods provided in Rule 7 of the | ||||||
25 | Supreme
Court. The clerk shall docket the petition for | ||||||
26 | consideration by the court
pursuant to Section 122-2.1 upon his |
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1 | or her receipt thereof and bring the same
promptly to the | ||||||
2 | attention of the court.
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3 | (c) Except as otherwise provided in subsection (a-5), if
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4 | the petitioner is under sentence of death and a petition for | ||||||
5 | writ of certiorari is filed,
no proceedings under this Article | ||||||
6 | shall be commenced more than 6 months after
the conclusion of | ||||||
7 | proceedings in the United States Supreme Court, unless the | ||||||
8 | petitioner alleges facts showing that the delay
was
not due to | ||||||
9 | his or her culpable negligence. If a petition for certiorari is | ||||||
10 | not filed, no proceedings under this Article shall be commenced | ||||||
11 | more than 6 months from the date for filing a certiorari | ||||||
12 | petition, unless the petitioner alleges facts showing that the | ||||||
13 | delay was not due to his or her culpable negligence.
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14 | When a defendant has a sentence other than death, no | ||||||
15 | proceedings under this
Article shall be commenced more than 6 | ||||||
16 | months after the conclusion of proceedings in the United States | ||||||
17 | Supreme Court, unless the petitioner
alleges facts showing that | ||||||
18 | the delay was not due to his or her culpable
negligence.
If a | ||||||
19 | petition for certiorari is not filed, no proceedings under this | ||||||
20 | Article shall be commenced more than 6 months from the date for | ||||||
21 | filing a certiorari petition, unless the petitioner alleges | ||||||
22 | facts showing that the delay was not due to his or her culpable | ||||||
23 | negligence. If a defendant does not file a direct appeal, the | ||||||
24 | post-conviction petition shall be filed no later than 3 years | ||||||
25 | from the date of conviction, unless the petitioner alleges | ||||||
26 | facts showing that the delay was not due to his or her culpable |
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1 | negligence.
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2 | This limitation does not apply to a petition advancing a | ||||||
3 | claim of actual
innocence. | ||||||
4 | (d) A person seeking relief by filing a petition under this | ||||||
5 | Section must
specify in the petition or its heading that it is | ||||||
6 | filed under this Section.
A trial court that has received a | ||||||
7 | petition complaining of a conviction or
sentence that fails to | ||||||
8 | specify in the petition or its heading that it is
filed under | ||||||
9 | this Section need not evaluate the petition to determine
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10 | whether it could otherwise have stated some grounds for relief | ||||||
11 | under
this Article.
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12 | (e) A proceeding under this Article may not be commenced on | ||||||
13 | behalf of a
defendant who has been sentenced to death without | ||||||
14 | the written consent of the
defendant, unless the defendant, | ||||||
15 | because of a mental or physical condition, is
incapable of | ||||||
16 | asserting his or her own claim.
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17 | (f) Only Except for petitions brought under paragraph (3) | ||||||
18 | of subsection (a) of this Section, only one petition may be | ||||||
19 | filed by a petitioner under this Article
without leave of the | ||||||
20 | court.
Leave of court may be granted only if a petitioner | ||||||
21 | demonstrates
cause for his or her failure to bring the claim in | ||||||
22 | his or her initial
post-conviction proceedings and prejudice | ||||||
23 | results from that failure. For
purposes
of this subsection (f): | ||||||
24 | (1) a prisoner shows cause by identifying an objective
factor | ||||||
25 | that impeded his or her ability to raise a specific claim | ||||||
26 | during his or
her initial post-conviction proceedings; and (2) |
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1 | a prisoner shows prejudice by
demonstrating that the claim not | ||||||
2 | raised during his or her initial
post-conviction proceedings so | ||||||
3 | infected the trial that the resulting conviction
or
sentence | ||||||
4 | violated due process.
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5 | (Source: P.A. 100-574, eff. 6-1-18 .)
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6 | Section 10. The Code of Civil Procedure is amended by | ||||||
7 | changing Section 2-1401 as follows:
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8 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
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9 | Sec. 2-1401. Relief from judgments.
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10 | (a) Relief from final orders and judgments, after 30 days | ||||||
11 | from the
entry thereof, may be had upon petition as provided in | ||||||
12 | this Section.
Writs of error coram nobis and coram vobis, bills | ||||||
13 | of review and bills
in the nature of bills of review are | ||||||
14 | abolished. All relief heretofore
obtainable and the grounds for | ||||||
15 | such relief heretofore available,
whether by any of the | ||||||
16 | foregoing remedies or otherwise, shall be
available in every | ||||||
17 | case, by proceedings hereunder, regardless of the
nature of the | ||||||
18 | order or judgment from which relief is sought or of the
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19 | proceedings in which it was entered. Except as provided in the | ||||||
20 | Illinois Parentage Act of 2015, there shall be no distinction
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21 | between actions and other proceedings, statutory or otherwise, | ||||||
22 | as to
availability of relief, grounds for relief or the relief | ||||||
23 | obtainable.
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24 | (b) The petition must be filed in the same proceeding in |
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1 | which the
order or judgment was entered but is not a | ||||||
2 | continuation thereof. The
petition must be supported by | ||||||
3 | affidavit or other appropriate showing as
to matters not of | ||||||
4 | record. A petition to reopen a foreclosure proceeding must | ||||||
5 | include as parties to the petition, but is not limited to, all | ||||||
6 | parties in the original action in addition to the current | ||||||
7 | record title holders of the property, current occupants, and | ||||||
8 | any individual or entity that had a recorded interest in the | ||||||
9 | property before the filing of the petition. All parties to the | ||||||
10 | petition shall be notified
as provided by rule.
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11 | (b-5) A movant may present a meritorious claim under this | ||||||
12 | Section if the allegations in the petition establish each of | ||||||
13 | the following by a preponderance of the evidence: | ||||||
14 | (1) the movant was convicted of a forcible felony; | ||||||
15 | (2) the movant's participation in the offense was | ||||||
16 | related to him or her previously having been a victim of | ||||||
17 | domestic violence as perpetrated by an intimate partner; | ||||||
18 | (3) no evidence of domestic violence against the movant | ||||||
19 | was presented at the movant's sentencing hearing; | ||||||
20 | (4) the movant was unaware of the mitigating nature of | ||||||
21 | the evidence of the domestic violence at the time of | ||||||
22 | sentencing and could not have learned of its significance | ||||||
23 | sooner through diligence; and | ||||||
24 | (5) the new evidence of domestic violence against the | ||||||
25 | movant is material and noncumulative to other evidence | ||||||
26 | offered at the sentencing hearing, and is of such a |
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1 | conclusive character that it would likely change the | ||||||
2 | sentence imposed by the original trial court. | ||||||
3 | Nothing in this subsection (b-5) shall prevent a movant | ||||||
4 | from applying for any other relief under this Section or any | ||||||
5 | other law otherwise available to him or her. | ||||||
6 | As used in this subsection (b-5): | ||||||
7 | "Domestic violence" means abuse as defined in Section | ||||||
8 | 103
of the Illinois Domestic Violence Act of 1986. | ||||||
9 | "Forcible felony" has the meaning ascribed to the term | ||||||
10 | in
Section 2-8 of the Criminal Code of 2012. | ||||||
11 | "Intimate partner" means a spouse or former spouse, | ||||||
12 | persons
who have or allegedly have had a child in common, | ||||||
13 | or persons who
have or have had a dating or engagement | ||||||
14 | relationship. | ||||||
15 | (b-10) A movant may present a meritorious claim under this | ||||||
16 | Section if the allegations in the petition establish each of | ||||||
17 | the following by a preponderance of the evidence: | ||||||
18 | (A) she was convicted of a forcible felony; | ||||||
19 | (B) her participation in the offense was a direct | ||||||
20 | result of her suffering from post-partum depression or | ||||||
21 | post-partum psychosis; | ||||||
22 | (C) no evidence of post-partum depression or | ||||||
23 | post-partum psychosis was presented by a qualified medical | ||||||
24 | person at trial or sentencing, or both; | ||||||
25 | (D) she was unaware of the mitigating nature of the | ||||||
26 | evidence or, if aware, was at the time unable to present |
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1 | this defense due to suffering from post-partum depression | ||||||
2 | or post-partum psychosis, or, at the time of trial or | ||||||
3 | sentencing, neither was a recognized mental illness and as | ||||||
4 | such, she was unable to receive proper treatment;
and | ||||||
5 | (E) evidence of post-partum depression or post-partum | ||||||
6 | psychosis as suffered by the person is material and | ||||||
7 | noncumulative to other evidence offered at the time of | ||||||
8 | trial or sentencing, and it is of such a conclusive | ||||||
9 | character that it would likely change the sentence imposed | ||||||
10 | by the original court. | ||||||
11 | Nothing in this subsection (b-10) prevents a person from | ||||||
12 | applying for any other relief under this Article or any other | ||||||
13 | law otherwise available to her. | ||||||
14 | This subsection (b-10) is inoperative 2 years after the | ||||||
15 | effective date of this amendatory Act of the 101st General | ||||||
16 | Assembly. | ||||||
17 | As used in this subsection (b-10): | ||||||
18 | "Post-partum depression" means a mood disorder which | ||||||
19 | strikes many women during and after pregnancy and usually | ||||||
20 | occurs during pregnancy and up to 12 months after delivery. | ||||||
21 | This depression can include anxiety disorders. | ||||||
22 | "Post-partum psychosis" means an extreme form of | ||||||
23 | post-partum depression which can occur during pregnancy | ||||||
24 | and up to 12 months after delivery. This can include losing | ||||||
25 | touch with reality, distorted thinking, delusions, | ||||||
26 | auditory and visual hallucinations, paranoia, |
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1 | hyperactivity and rapid speech, or mania. | ||||||
2 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
3 | and Section
2-32 of the Juvenile Court Act of 1987 or in a | ||||||
4 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
5 | Procedure of 1963 or subsection (b-10) of this Section , the | ||||||
6 | petition
must be filed not later than 2 years after the entry | ||||||
7 | of the order or judgment.
Time during which the person seeking | ||||||
8 | relief is under legal disability or
duress or the ground for | ||||||
9 | relief is fraudulently concealed shall be excluded
in computing | ||||||
10 | the period of 2 years.
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11 | (d) The filing of a petition under this Section does not | ||||||
12 | affect the
order or judgment, or suspend its operation.
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13 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
14 | the
record proper, the vacation or modification of an order or | ||||||
15 | judgment
pursuant to the provisions of this Section does not | ||||||
16 | affect the right,
title or interest in or to any real or | ||||||
17 | personal property of any person,
not a party to the original | ||||||
18 | action, acquired for value after the entry
of the order or | ||||||
19 | judgment but before the filing of the petition, nor
affect any | ||||||
20 | right of any person not a party to the original action under
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21 | any certificate of sale issued before the filing of the | ||||||
22 | petition,
pursuant to a sale based on the order or judgment. | ||||||
23 | When a petition is filed pursuant to this Section to reopen a | ||||||
24 | foreclosure proceeding, notwithstanding the provisions of | ||||||
25 | Section 15-1701 of this Code, the purchaser or successor | ||||||
26 | purchaser of real property subject to a foreclosure sale who |
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1 | was not a party to the mortgage foreclosure proceedings is | ||||||
2 | entitled to remain in possession of the property until the | ||||||
3 | foreclosure action is defeated or the previously foreclosed | ||||||
4 | defendant redeems from the foreclosure sale if the purchaser | ||||||
5 | has been in possession of the property for more than 6 months.
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6 | (f) Nothing contained in this Section affects any existing | ||||||
7 | right to
relief from a void order or judgment, or to employ any | ||||||
8 | existing method
to procure that relief.
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9 | (Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; 99-642, | ||||||
10 | eff. 7-28-16; 100-1048, eff. 8-23-18.)
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