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1 | AN ACT concerning civil law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-1401 as follows: | ||||||
6 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401) | ||||||
7 | Sec. 2-1401. Relief from judgments. | ||||||
8 | (a) Relief from final orders and judgments, after 30 days | ||||||
9 | from the entry thereof, may be had upon petition as provided in | ||||||
10 | this Section. Writs of error coram nobis and coram vobis, | ||||||
11 | bills of review, and bills in the nature of bills of review are | ||||||
12 | abolished. All relief heretofore obtainable and the grounds | ||||||
13 | for such relief heretofore available, whether by any of the | ||||||
14 | foregoing remedies or otherwise, shall be available in every | ||||||
15 | case, by proceedings hereunder, regardless of the nature of | ||||||
16 | the order or judgment from which relief is sought or of the | ||||||
17 | proceedings in which it was entered. Except as provided in the | ||||||
18 | Illinois Parentage Act of 2015, there shall be no distinction | ||||||
19 | between actions and other proceedings, statutory or otherwise, | ||||||
20 | as to availability of relief, grounds for relief, or the | ||||||
21 | relief obtainable. | ||||||
22 | (b) The petition must be filed in the same proceeding in | ||||||
23 | which the order or judgment was entered but is not a |
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1 | continuation thereof. The petition must be supported by an | ||||||
2 | affidavit or other appropriate showing as to matters not of | ||||||
3 | record. A petition to reopen a foreclosure proceeding must | ||||||
4 | include as parties to the petition, but is not limited to, all | ||||||
5 | parties in the original action in addition to the current | ||||||
6 | record title holders of the property, current occupants, and | ||||||
7 | any individual or entity that had a recorded interest in the | ||||||
8 | property before the filing of the petition. All parties to the | ||||||
9 | petition shall be notified as provided by rule. | ||||||
10 | (b-5) A movant may present a meritorious claim under this | ||||||
11 | Section if the allegations in the petition establish each of | ||||||
12 | the following by a preponderance of the evidence: | ||||||
13 | (1) the movant was convicted of a forcible felony; | ||||||
14 | (2) the movant's participation in the offense was | ||||||
15 | related to him or her previously having been a victim of | ||||||
16 | domestic violence or gender-based violence; | ||||||
17 | (3) there is substantial evidence of domestic violence | ||||||
18 | or gender-based violence against the movant that was not | ||||||
19 | presented at the movant's sentencing hearing; | ||||||
20 | (4) (blank); and | ||||||
21 | (5) the evidence of domestic violence or gender-based | ||||||
22 | violence against the movant is material and noncumulative | ||||||
23 | to other evidence offered at the sentencing hearing, or | ||||||
24 | previous hearing under this Section filed on or after the | ||||||
25 | effective date of this amendatory Act of the 103rd General | ||||||
26 | Assembly, and is of such a conclusive character that it |
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1 | would likely change the sentence imposed by the original | ||||||
2 | 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. This subsection | ||||||
6 | (b-5) applies to all eligible convictions, including, but not | ||||||
7 | limited to, if the judge renders the sentence based on a | ||||||
8 | negotiated plea agreement. Relief under this Section allows | ||||||
9 | for the modification of the length of sentence without | ||||||
10 | affecting the conviction. | ||||||
11 | As used in this subsection (b-5): | ||||||
12 | "Domestic violence" means abuse as defined in Section | ||||||
13 | 103 of the Illinois Domestic Violence Act of 1986. | ||||||
14 | "Forcible felony" has the meaning ascribed to the term | ||||||
15 | in Section 2-8 of the Criminal Code of 2012. | ||||||
16 | "Gender-based violence" includes evidence of | ||||||
17 | victimization as a trafficking victim, as defined by | ||||||
18 | paragraph (10) of subsection (a) of Section 10-9 of the | ||||||
19 | Criminal Code of 2012, evidence of victimization under the | ||||||
20 | Illinois Domestic Violence Act of 1986, evidence of | ||||||
21 | victimization under the Stalking No Contact Order Act, or | ||||||
22 | evidence of victimization of any offense under Article 11 | ||||||
23 | of the Criminal Code of 2012, irrespective of criminal | ||||||
24 | prosecution or conviction. | ||||||
25 | "Intimate partner" means a spouse or former spouse, | ||||||
26 | persons who have or allegedly have had a child in common, |
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1 | or persons who have or have had a dating or engagement | ||||||
2 | relationship. | ||||||
3 | "Substantial evidence" means evidence that a | ||||||
4 | reasonable mind might accept as adequate to support a | ||||||
5 | conclusion. | ||||||
6 | (b-10) A movant may present a meritorious claim under this | ||||||
7 | Section if the allegations in the petition establish each of | ||||||
8 | the following by a preponderance of the evidence: | ||||||
9 | (A) she was convicted of a forcible felony; | ||||||
10 | (B) her participation in the offense was a direct | ||||||
11 | result of her suffering from postpartum post-partum | ||||||
12 | depression or postpartum post-partum psychosis; | ||||||
13 | (C) no evidence of postpartum post-partum depression | ||||||
14 | or postpartum post-partum psychosis was presented by a | ||||||
15 | qualified medical person at trial or sentencing, or both; | ||||||
16 | (D) she was unaware of the mitigating nature of the | ||||||
17 | evidence or, if aware, was at the time unable to present | ||||||
18 | this defense due to suffering from postpartum post-partum | ||||||
19 | depression or postpartum post-partum psychosis, or, at the | ||||||
20 | time of trial or sentencing, neither was a recognized | ||||||
21 | mental illness and as such, she was unable to receive | ||||||
22 | proper treatment; and | ||||||
23 | (E) evidence of postpartum post-partum depression or | ||||||
24 | postpartum post-partum psychosis as suffered by the person | ||||||
25 | is material and noncumulative to other evidence offered at | ||||||
26 | the time of trial or sentencing, and it is of such a |
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1 | conclusive character that it would likely change the | ||||||
2 | sentence imposed by the original court. | ||||||
3 | Nothing in this subsection (b-10) prevents a person from | ||||||
4 | applying for any other relief under this Article or any other | ||||||
5 | law otherwise available to her. This subsection (b-10) applies | ||||||
6 | to all eligible convictions, including, but not limited to, if | ||||||
7 | the judge renders the sentence based on a negotiated plea | ||||||
8 | agreement. Relief under this Section allows for the | ||||||
9 | modification of the length of sentence without affecting the | ||||||
10 | conviction. | ||||||
11 | As used in this subsection (b-10): | ||||||
12 | " Postpartum Post-partum depression" means a mood | ||||||
13 | disorder which strikes many women during and after | ||||||
14 | pregnancy and usually occurs during pregnancy and up to 12 | ||||||
15 | months after delivery. This depression can include anxiety | ||||||
16 | disorders. | ||||||
17 | " Postpartum Post-partum psychosis" means an extreme | ||||||
18 | form of postpartum post-partum depression which can occur | ||||||
19 | during pregnancy and up to 12 months after delivery. This | ||||||
20 | can include losing touch with reality, distorted thinking, | ||||||
21 | delusions, auditory and visual hallucinations, paranoia, | ||||||
22 | hyperactivity and rapid speech, or mania. | ||||||
23 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
24 | and Section 2-32 of the Juvenile Court Act of 1987, in a | ||||||
25 | petition based upon Section 116-3 of the Code of Criminal | ||||||
26 | Procedure of 1963 or subsection (b-5) or (b-10) of this |
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1 | Section, or in a motion to vacate and expunge convictions | ||||||
2 | under the Cannabis Control Act as provided by subsection (i) | ||||||
3 | of Section 5.2 of the Criminal Identification Act, the | ||||||
4 | petition must be filed not later than 2 years after the entry | ||||||
5 | of the order or judgment. Time during which the person seeking | ||||||
6 | relief is under legal disability or duress or the ground for | ||||||
7 | relief is fraudulently concealed shall be excluded in | ||||||
8 | computing the period of 2 years. | ||||||
9 | (c-5) Any individual may at any time file a petition and | ||||||
10 | institute proceedings under this Section if his or her final | ||||||
11 | order or judgment, which was entered based on a plea of guilty | ||||||
12 | or nolo contendere, has potential consequences under federal | ||||||
13 | immigration law. | ||||||
14 | (d) The filing of a petition under this Section does not | ||||||
15 | affect the order or judgment, or suspend its operation. | ||||||
16 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
17 | the record proper, the vacation or modification of an order or | ||||||
18 | judgment pursuant to the provisions of this Section does not | ||||||
19 | affect the right, title, or interest in or to any real or | ||||||
20 | personal property of any person, not a party to the original | ||||||
21 | action, acquired for value after the entry of the order or | ||||||
22 | judgment but before the filing of the petition, nor affect any | ||||||
23 | right of any person not a party to the original action under | ||||||
24 | any certificate of sale issued before the filing of the | ||||||
25 | petition, pursuant to a sale based on the order or judgment. | ||||||
26 | When a petition is filed pursuant to this Section to reopen a |
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1 | foreclosure proceeding, notwithstanding the provisions of | ||||||
2 | Section 15-1701 of this Code, the purchaser or successor | ||||||
3 | purchaser of real property subject to a foreclosure sale who | ||||||
4 | was not a party to the mortgage foreclosure proceedings is | ||||||
5 | entitled to remain in possession of the property until the | ||||||
6 | foreclosure action is defeated or the previously foreclosed | ||||||
7 | defendant redeems from the foreclosure sale if the purchaser | ||||||
8 | has been in possession of the property for more than 6 months. | ||||||
9 | (f) Nothing contained in this Section affects any existing | ||||||
10 | right to relief from a void order or judgment, or to employ any | ||||||
11 | existing method to procure that relief. | ||||||
12 | (Source: P.A. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; | ||||||
13 | 103-403, eff. 1-1-24 .) |