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| Public Act 103-0968 | ||||
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AN ACT concerning civil law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. 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 an | ||
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 or gender-based violence; | ||
(3) there is substantial evidence of domestic violence | ||
or gender-based violence against the movant that was not | ||
presented at the movant's sentencing hearing; | ||
(4) (blank); and | ||
(5) the evidence of domestic violence or gender-based | ||
violence against the movant is material and noncumulative | ||
to other evidence offered at the sentencing hearing, or | ||
previous hearing under this Section filed on or after the | ||
effective date of this amendatory Act of the 103rd General | ||
Assembly, 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. This subsection | ||
(b-5) applies to all eligible convictions, including, but not | ||
limited to, if the judge renders the sentence based on a | ||
negotiated plea agreement. Relief under this Section allows | ||
for the modification of the length of sentence without | ||
affecting the conviction. | ||
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. | ||
"Gender-based violence" includes evidence of | ||
victimization as a trafficking victim, as defined by | ||
paragraph (10) of subsection (a) of Section 10-9 of the | ||
Criminal Code of 2012, evidence of victimization under the | ||
Illinois Domestic Violence Act of 1986, evidence of | ||
victimization under the Stalking No Contact Order Act, or | ||
evidence of victimization of any offense under Article 11 | ||
of the Criminal Code of 2012, irrespective of criminal | ||
prosecution or conviction. | ||
"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. | ||
"Substantial evidence" means evidence that a | ||
reasonable mind might accept as adequate to support a | ||
conclusion. | ||
(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 postpartum post-partum | ||
depression or postpartum post-partum psychosis; | ||
(C) no evidence of postpartum post-partum depression | ||
or postpartum 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 postpartum post-partum | ||
depression or postpartum 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 postpartum post-partum depression or | ||
postpartum 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. This subsection (b-10) applies | ||
to all eligible convictions, including, but not limited to, if | ||
the judge renders the sentence based on a negotiated plea | ||
agreement. Relief under this Section allows for the | ||
modification of the length of sentence without affecting the | ||
conviction. | ||
As used in this subsection (b-10): | ||
"Postpartum 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. | ||
"Postpartum Post-partum psychosis" means an extreme | ||
form of postpartum 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, in a | ||
petition based upon Section 116-3 of the Code of Criminal | ||
Procedure of 1963 or subsection (b-5) or (b-10) of this | ||
Section, or in a motion to vacate and expunge convictions | ||
under the Cannabis Control Act as provided by subsection (i) | ||
of Section 5.2 of the Criminal Identification Act, 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. | ||
(c-5) Any individual may at any time file a petition and | ||
institute proceedings under this Section if his or her final | ||
order or judgment, which was entered based on a plea of guilty | ||
or nolo contendere, has potential consequences under federal | ||
immigration law. | ||
(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. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; | ||
103-403, eff. 1-1-24.) | ||