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| Public Act 099-0384 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. 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 | ||||
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 intellectually disabled 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. | ||
(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. | ||
(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. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, | ||
eff. 8-16-13.) | ||
Section 10. The Code of Civil Procedure is amended by | ||
changing Section 2-1401 as follows:
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(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
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Sec. 2-1401. Relief from judgments.
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(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
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proceedings in which it was entered. Except as provided in | ||
Section 6
of the Illinois Parentage Act of 1984, 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.
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(b) The petition must be filed in the same proceeding in | ||
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. All parties to the petition shall be notified
as | ||
provided by rule.
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(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 | ||
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. | ||
(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, 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
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duress or the ground for relief is fraudulently concealed shall | ||
be excluded
in computing the period of 2 years.
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(d) The filing of a petition under this Section does not | ||
affect the
order or judgment, or suspend its operation.
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(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
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any certificate of sale issued before the filing of the | ||
petition,
pursuant to a sale based on the order or judgment.
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(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.
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(Source: P.A. 95-331, eff. 8-21-07.)
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