Rep. Christian L. Mitchell

Filed: 4/16/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1117

2    AMENDMENT NO. ______. Amend House Bill 1117 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3.1 as follows:
 
6    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
7    Sec. 5-5-3.1. Factors in Mitigation.
8    (a) The following grounds shall be accorded weight in favor
9of withholding or minimizing a sentence of imprisonment:
10        (1) The defendant's criminal conduct neither caused
11    nor threatened serious physical harm to another.
12        (2) The defendant did not contemplate that his criminal
13    conduct would cause or threaten serious physical harm to
14    another.
15        (3) The defendant acted under a strong provocation.
16        (4) There were substantial grounds tending to excuse or

 

 

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1    justify the defendant's criminal conduct, though failing
2    to establish a defense.
3        (5) The defendant's criminal conduct was induced or
4    facilitated by someone other than the defendant.
5        (6) The defendant has compensated or will compensate
6    the victim of his criminal conduct for the damage or injury
7    that he sustained.
8        (7) The defendant has no history of prior delinquency
9    or criminal activity or has led a law-abiding life for a
10    substantial period of time before the commission of the
11    present crime.
12        (8) The defendant's criminal conduct was the result of
13    circumstances unlikely to recur.
14        (9) The character and attitudes of the defendant
15    indicate that he is unlikely to commit another crime.
16        (10) The defendant is particularly likely to comply
17    with the terms of a period of probation.
18        (11) The imprisonment of the defendant would entail
19    excessive hardship to his dependents.
20        (12) The imprisonment of the defendant would endanger
21    his or her medical condition.
22        (13) The defendant was intellectually disabled as
23    defined in Section 5-1-13 of this Code.
24        (14) The defendant sought or obtained emergency
25    medical assistance for an overdose and was convicted of a
26    Class 3 felony or higher possession, manufacture, or

 

 

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1    delivery of a controlled, counterfeit, or look-alike
2    substance or a controlled substance analog under the
3    Illinois Controlled Substances Act or a Class 2 felony or
4    higher possession, manufacture or delivery of
5    methamphetamine under the Methamphetamine Control and
6    Community Protection Act.
7        (15) At the time of the offense, the defendant is or
8    had been the victim of domestic violence and the effects of
9    the domestic violence tended to excuse or justify the
10    defendant's criminal conduct. As used in this paragraph
11    (15), "domestic violence" means abuse as defined in Section
12    103 of the Illinois Domestic Violence Act of 1986.
13    (b) If the court, having due regard for the character of
14the offender, the nature and circumstances of the offense and
15the public interest finds that a sentence of imprisonment is
16the most appropriate disposition of the offender, or where
17other provisions of this Code mandate the imprisonment of the
18offender, the grounds listed in paragraph (a) of this
19subsection shall be considered as factors in mitigation of the
20term imposed.
21(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
22eff. 8-16-13.)
 
23    Section 10. The Code of Civil Procedure is amended by
24changing Section 2-1401 as follows:
 

 

 

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1    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
2    Sec. 2-1401. Relief from judgments.
3    (a) Relief from final orders and judgments, after 30 days
4from the entry thereof, may be had upon petition as provided in
5this Section. Writs of error coram nobis and coram vobis, bills
6of review and bills in the nature of bills of review are
7abolished. All relief heretofore obtainable and the grounds for
8such relief heretofore available, whether by any of the
9foregoing remedies or otherwise, shall be available in every
10case, by proceedings hereunder, regardless of the nature of the
11order or judgment from which relief is sought or of the
12proceedings in which it was entered. Except as provided in
13Section 6 of the Illinois Parentage Act of 1984, there shall be
14no distinction between actions and other proceedings,
15statutory or otherwise, as to availability of relief, grounds
16for relief or the relief obtainable.
17    (b) The petition must be filed in the same proceeding in
18which the order or judgment was entered but is not a
19continuation thereof. The petition must be supported by
20affidavit or other appropriate showing as to matters not of
21record. All parties to the petition shall be notified as
22provided by rule.
23    (b-5) A movant may present a meritorious claim under this
24Section if the allegations in the petition establish each of
25the following by a preponderance of the evidence:
26        (1) the movant was convicted of a forcible felony;

 

 

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1        (2) the movant's participation in the offense was
2    related to him or her previously having been a victim of
3    domestic violence as perpetrated by an intimate partner;
4        (3) no evidence of domestic violence against the movant
5    was presented at the movant's sentencing hearing;
6        (4) the movant was unaware of the mitigating nature of
7    the evidence of the domestic violence at the time of
8    sentencing and could not have learned of its significance
9    sooner through diligence; and
10        (5) the new evidence of domestic violence against the
11    movant is material and noncumulative to other evidence
12    offered at the sentencing hearing, and is of such a
13    conclusive character that it would likely change the
14    sentence imposed by the original trial court.
15    Nothing in this subsection (b-5) shall prevent a movant
16from applying for any other relief under this Section or any
17other law otherwise available to him or her.
18    As used in this subsection (b-5):
19        "Domestic violence" means abuse as defined in Section
20    103 of the Illinois Domestic Violence Act of 1986.
21        "Forcible felony" has the meaning ascribed to the term
22    in Section 2-8 of the Criminal Code of 2012.
23        "Intimate partner" means a spouse or former spouse,
24    persons who have or allegedly have had a child in common,
25    or persons who have or have had a dating or engagement
26    relationship.

 

 

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1    (c) Except as provided in Section 20b of the Adoption Act
2and Section 2-32 of the Juvenile Court Act of 1987 or in a
3petition based upon Section 116-3 of the Code of Criminal
4Procedure of 1963, the petition must be filed not later than 2
5years after the entry of the order or judgment. Time during
6which the person seeking relief is under legal disability or
7duress or the ground for relief is fraudulently concealed shall
8be excluded in computing the period of 2 years.
9    (d) The filing of a petition under this Section does not
10affect the order or judgment, or suspend its operation.
11    (e) Unless lack of jurisdiction affirmatively appears from
12the record proper, the vacation or modification of an order or
13judgment pursuant to the provisions of this Section does not
14affect the right, title or interest in or to any real or
15personal property of any person, not a party to the original
16action, acquired for value after the entry of the order or
17judgment but before the filing of the petition, nor affect any
18right of any person not a party to the original action under
19any certificate of sale issued before the filing of the
20petition, pursuant to a sale based on the order or judgment.
21    (f) Nothing contained in this Section affects any existing
22right to relief from a void order or judgment, or to employ any
23existing method to procure that relief.
24(Source: P.A. 95-331, eff. 8-21-07.)".