Full Text of HB4847 102nd General Assembly
HB4847 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4847 Introduced 1/27/2022, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/5-2 | from Ch. 38, par. 5-2 |
720 ILCS 5/7-11 | from Ch. 38, par. 7-11 |
735 ILCS 5/2-1401 | from Ch. 110, par. 2-1401 |
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Amends the Criminal Code of 2012. Provides that a person is not accountable for the conduct of another if he or she was subjected to specific and credible coercion, compulsion, duress, or threats. Provides that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. Amends the Code of Civil Procedure. In a provision concerning relief from judgments: Changes the allegations a movant must establish when presenting a meritorious claim to: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was related to experiencing or the effects of gender-based violence; and (3) no substantial evidence or incomplete evidence of gender-based violence against the movant was presented at the movant's sentencing hearing. Changes the term "domestic violence" to "gender-based violence". Removes the definition of "intimate partner". Makes corresponding changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 5-2 and 7-11 as follows:
| 6 | | (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
| 7 | | Sec. 5-2. When
accountability exists. A person is legally | 8 | | accountable for the conduct of another when:
| 9 | | (a) having a mental state described by the statute | 10 | | defining the offense,
he or she causes another to perform | 11 | | the conduct, and the other person in fact or
by reason of | 12 | | legal incapacity lacks such a mental state;
| 13 | | (b) the statute defining the offense makes him or her | 14 | | so accountable; or
| 15 | | (c) either before or during the commission of an | 16 | | offense, and with the
intent to promote or facilitate that | 17 | | commission, he or she solicits, aids, abets,
agrees, or | 18 | | attempts to aid that other person in the planning or | 19 | | commission
of the offense. | 20 | | When 2 or more persons engage in a common criminal design | 21 | | or agreement, any acts in the furtherance of that common | 22 | | design committed by one party are considered to be the acts of | 23 | | all parties to the common design or agreement and all are |
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| 1 | | equally responsible for the consequences of those further | 2 | | acts. Mere presence at the scene of a crime does not render a | 3 | | person accountable for an offense; a person's presence at the | 4 | | scene of a crime, however, may be considered with other | 5 | | circumstances by the trier of fact when determining | 6 | | accountability. | 7 | | A person is not so accountable, however, unless the | 8 | | statute
defining the offense provides otherwise, if:
| 9 | | (1) he or she is a victim of the offense committed;
| 10 | | (2) the offense is so defined that his or her conduct | 11 | | was inevitably
incident to its commission; or
| 12 | | (3) before the commission of the offense, he or she | 13 | | terminates his or her effort to
promote or facilitate that | 14 | | commission and does one of the following: (i)
wholly | 15 | | deprives his or her prior efforts of effectiveness in that | 16 | | commission, (ii)
gives timely warning to the proper law | 17 | | enforcement authorities, or (iii)
otherwise makes proper | 18 | | effort to prevent the commission of the offense ; or | 19 | | (4) he or she was subjected to specific and credible | 20 | | coercion, compulsion, duress, or threats, including | 21 | | coercion, compulsion, duress, or threats related to | 22 | | domestic abuse as defined in Section 103 of the Illinois | 23 | | Domestic Violence Act of 1986 .
| 24 | | (Source: P.A. 96-710, eff. 1-1-10.)
| 25 | | (720 ILCS 5/7-11) (from Ch. 38, par. 7-11)
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| 1 | | Sec. 7-11. Compulsion.
| 2 | | (a) A person is not guilty of an offense , other than an | 3 | | offense
punishable with death, by reason of conduct that he or | 4 | | she performs under the
compulsion of threat or menace of the | 5 | | imminent infliction of death or great
bodily harm, if he or she | 6 | | reasonably believes death or great bodily harm will be
| 7 | | inflicted upon him or her, or upon his or her spouse or child, | 8 | | if he or she does not perform that conduct. No offense is | 9 | | excepted from this subsection.
| 10 | | (b) A married woman is not entitled, by reason of the | 11 | | presence of her
husband, to any presumption of compulsion or | 12 | | to any defense of compulsion,
except that stated in subsection | 13 | | (a).
| 14 | | (Source: P.A. 96-710, eff. 1-1-10.)
| 15 | | Section 10. The Code of Civil Procedure is amended by | 16 | | changing Section 2-1401 as follows:
| 17 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 18 | | Sec. 2-1401. Relief from judgments.
| 19 | | (a) Relief from final orders and judgments, after 30 days | 20 | | from the
entry thereof, may be had upon petition as provided in | 21 | | this Section.
Writs of error coram nobis and coram vobis, | 22 | | bills of review , and bills
in the nature of bills of review are | 23 | | abolished. All relief heretofore
obtainable and the grounds | 24 | | for such relief heretofore available,
whether by any of the |
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| 1 | | foregoing remedies or otherwise, shall be
available in every | 2 | | case, by proceedings hereunder, regardless of the
nature of | 3 | | the order or judgment from which relief is sought or of the
| 4 | | proceedings in which it was entered. Except as provided in the | 5 | | Illinois Parentage Act of 2015, there shall be no distinction
| 6 | | between actions and other proceedings, statutory or otherwise, | 7 | | as to
availability of relief, grounds for relief , or the | 8 | | relief obtainable.
| 9 | | (b) The petition must be filed in the same proceeding in | 10 | | which the
order or judgment was entered but is not a | 11 | | continuation thereof. The
petition must be supported by an | 12 | | affidavit or other appropriate showing as
to matters not of | 13 | | record. A petition to reopen a foreclosure proceeding must | 14 | | include as parties to the petition, but is not limited to, all | 15 | | parties in the original action in addition to the current | 16 | | record title holders of the property, current occupants, and | 17 | | any individual or entity that had a recorded interest in the | 18 | | property before the filing of the petition. All parties to the | 19 | | petition shall be notified
as provided by rule.
| 20 | | (b-5) A movant may present a meritorious claim under this | 21 | | Section , regardless of previous filings, if the allegations in | 22 | | the petition establish each of the following by a | 23 | | preponderance of the evidence: | 24 | | (1) the movant was convicted of a forcible felony; | 25 | | (2) the movant's participation in the offense was | 26 | | related to experiencing or the effects of gender-based him |
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| 1 | | or her previously having been a victim of domestic | 2 | | violence as perpetrated by an intimate partner ; | 3 | | (3) no substantial evidence or incomplete evidence of | 4 | | gender-based domestic violence against the movant was | 5 | | presented at the movant's sentencing hearing; | 6 | | (4) (blank) the movant was unaware of the mitigating | 7 | | nature of the evidence of the domestic violence at the | 8 | | time of sentencing and could not have learned of its | 9 | | significance sooner through diligence ; and | 10 | | (5) (blank) the new evidence of domestic violence | 11 | | against the movant is material and noncumulative to other | 12 | | evidence offered at the sentencing hearing, and is of such | 13 | | a 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 | 16 | | from applying for any other relief under this Section or any | 17 | | other law otherwise available to him or her. | 18 | | As used in this subsection (b-5): | 19 | | " Gender-based Domestic violence" means abuse as | 20 | | defined in Section 103
of the Illinois Domestic Violence | 21 | | Act of 1986 or the perpetration of serious harm as defined | 22 | | in Section 10-9 of the Criminal Code of 2012 . | 23 | | "Forcible felony" has the meaning ascribed to the term | 24 | | in
Section 2-8 of the Criminal Code of 2012. | 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 | | (b-10) A movant may present a meritorious claim under this | 4 | | Section if the allegations in the petition establish each of | 5 | | the following by a preponderance of the evidence: | 6 | | (A) she was convicted of a forcible felony; | 7 | | (B) her participation in the offense was a direct | 8 | | result of her suffering from post-partum depression or | 9 | | post-partum psychosis; | 10 | | (C) no evidence of post-partum depression or | 11 | | post-partum psychosis was presented by a qualified medical | 12 | | person at trial or sentencing, or both; | 13 | | (D) she was unaware of the mitigating nature of the | 14 | | evidence or, if aware, was at the time unable to present | 15 | | this defense due to suffering from post-partum depression | 16 | | or post-partum psychosis, or, at the time of trial or | 17 | | sentencing, neither was a recognized mental illness and as | 18 | | such, she was unable to receive proper treatment;
and | 19 | | (E) evidence of post-partum depression or post-partum | 20 | | psychosis as suffered by the person is material and | 21 | | noncumulative to other evidence offered at the time of | 22 | | trial or sentencing, and it is of such a conclusive | 23 | | character that it would likely change the sentence imposed | 24 | | by the original court. | 25 | | Nothing in this subsection (b-10) prevents a person from | 26 | | applying for any other relief under this Article or any other |
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| 1 | | law otherwise available to her. | 2 | | As used in this subsection (b-10): | 3 | | "Post-partum depression" means a mood disorder which | 4 | | strikes many women during and after pregnancy and usually | 5 | | occurs during pregnancy and up to 12 months after | 6 | | delivery. This depression can include anxiety disorders. | 7 | | "Post-partum psychosis" means an extreme form of | 8 | | post-partum depression which can occur during pregnancy | 9 | | and up to 12 months after delivery. This can include | 10 | | losing touch with reality, distorted thinking, delusions, | 11 | | auditory and visual hallucinations, paranoia, | 12 | | hyperactivity and rapid speech, or mania. | 13 | | (c) Except as provided in Section 20b of the Adoption Act | 14 | | and Section
2-32 of the Juvenile Court Act of 1987 , or in a | 15 | | petition based
upon Section 116-3 of the Code of Criminal | 16 | | Procedure of 1963 or subsection (b-5) or (b-10) of this | 17 | | Section, or in a motion to vacate and expunge convictions | 18 | | under the Cannabis Control Act as provided by subsection (i) | 19 | | of Section 5.2 of the Criminal Identification Act, the | 20 | | petition
must be filed not later than 2 years after the entry | 21 | | of the order or judgment.
Time during which the person seeking | 22 | | relief is under legal disability or
duress or the ground for | 23 | | relief is fraudulently concealed shall be excluded
in | 24 | | computing the period of 2 years.
| 25 | | (c-5) Any individual may at any time file a petition and | 26 | | institute proceedings under this Section , if his or her final |
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| 1 | | order or judgment, which was entered based on a plea of guilty | 2 | | or nolo contendere, has potential consequences under federal | 3 | | immigration law. | 4 | | (d) The filing of a petition under this Section does not | 5 | | affect the
order or judgment, or suspend its operation.
| 6 | | (e) Unless lack of jurisdiction affirmatively appears from | 7 | | the
record proper, the vacation or modification of an order or | 8 | | judgment
pursuant to the provisions of this Section does not | 9 | | affect the right,
title , or interest in or to any real or | 10 | | personal property of any person,
not a party to the original | 11 | | action, acquired for value after the entry
of the order or | 12 | | judgment but before the filing of the petition, nor
affect any | 13 | | right of any person not a party to the original action under
| 14 | | any certificate of sale issued before the filing of the | 15 | | petition,
pursuant to a sale based on the order or judgment. | 16 | | When a petition is filed pursuant to this Section to reopen a | 17 | | foreclosure proceeding, notwithstanding the provisions of | 18 | | Section 15-1701 of this Code, the purchaser or successor | 19 | | purchaser of real property subject to a foreclosure sale who | 20 | | was not a party to the mortgage foreclosure proceedings is | 21 | | entitled to remain in possession of the property until the | 22 | | foreclosure action is defeated or the previously foreclosed | 23 | | defendant redeems from the foreclosure sale if the purchaser | 24 | | has been in possession of the property for more than 6 months.
| 25 | | (f) Nothing contained in this Section affects any existing | 26 | | right to
relief from a void order or judgment, or to employ any |
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| 1 | | existing method
to procure that relief.
| 2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; | 3 | | 102-639, eff. 8-27-21; revised 11-24-21.)
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