Public Act 101-0411
 
SB1627 EnrolledLRB101 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;
            (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 
        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 
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 
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) 
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 
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 
    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 
    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.
    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, 
    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 
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.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.