95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1962


 
Introduced 2/23/2007, by Rep. Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/2-1401
  from Ch. 110, par. 2-1401







    Amends the Code of Civil Procedure. Provides that Section on relief from final orders and judgments shall not be used to attack a criminal conviction. Deletes a reference to an exception for a Section of the Code of Civil Procedure of 1963 (at present, Section 116-3).
















LRB095 08556 AJO 28737 b

















 


 


A BILL FOR









 











HB1962

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    AN ACT concerning civil 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 Civil Procedure is amended  by 
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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 
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from the
entry thereof, may be had upon petition as provided in 
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this Section.
Writs of error coram nobis and coram vobis, bills 
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of review and bills
in the nature of bills of review are 
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abolished.  All relief heretofore
obtainable and the grounds for 
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such relief heretofore available,
whether by any of the 
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foregoing remedies or otherwise, shall be
available in every 
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case, by proceedings hereunder, regardless of the
nature of the 
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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 
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Section 6
of the Illinois Parentage Act of 1984, there shall be 
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no distinction
between actions and other proceedings, 
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statutory or otherwise, as to
availability of relief, grounds 
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for relief or the relief obtainable.

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    (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 
 


 






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continuation thereof. The
petition must be supported by 
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affidavit or other appropriate showing as
to matters not of 
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record.  All parties to the petition shall be notified
as 
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provided by rule.

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    (c) Except as provided in Section 20b of the Adoption Act 
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and Section
2-32
3-32 of the Juvenile Court Act of 1987 or in a 
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petition based
upon Section 116-3 of the Code of Criminal 
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Procedure of 1963, the petition
must be filed not later than 2 
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years after the entry of the order or judgment.
Time during 
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which the person seeking relief is under legal disability or

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duress or the ground for relief is fraudulently concealed shall 
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be excluded
in computing the period of 2 years.

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    (d) The filing of a petition under this Section does not 
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affect the
order or judgment, or suspend its operation.

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    (e) Unless lack of jurisdiction affirmatively appears from 
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the
record proper, the vacation or modification of an order or 
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judgment
pursuant to the provisions of this Section does not 
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affect the right,
title or interest in or to any real or 
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personal property of any person,
not a party to the original 
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action, acquired for value after the entry
of the order or 
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judgment  but before the filing of the petition, nor
affect any 
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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 
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petition,
pursuant to a sale based on the order or judgment.

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    (f) Nothing contained in this Section affects any existing 
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right to
relief from a void order or judgment, or to employ any 
 


 






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existing method
to procure that relief.

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    (g) This Section shall not be used to attack a criminal 
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conviction.

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(Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141, 
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eff. 1-1-98;
90-655, eff. 7-30-98; revised 11-06-02.)