Full Text of HB3380 103rd General Assembly
HB3380ham001 103RD GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/17/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3380
| 2 | | AMENDMENT NO. ______. Amend House Bill 3380 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-4.5-95 as follows: | 6 | | (730 ILCS 5/5-4.5-95) | 7 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 8 | | (a) HABITUAL CRIMINALS. | 9 | | (1) Every person who has been twice convicted in any | 10 | | state or federal court of an offense that contains the | 11 | | same elements as an offense now (the date of the offense | 12 | | committed after the 2 prior convictions) classified in | 13 | | Illinois as aggravated criminal sexual assault or | 14 | | predatory criminal sexual assault of a child and is then | 15 | | convicted for a third such offense a Class X felony, | 16 | | criminal sexual assault, aggravated kidnapping, or first |
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| 1 | | degree murder, and who is thereafter convicted of a Class | 2 | | X felony, criminal sexual assault, or first degree murder, | 3 | | committed after the 2 prior convictions, shall be adjudged | 4 | | an habitual criminal. | 5 | | (2) The 2 prior convictions need not have been for the | 6 | | same offense. | 7 | | (3) Any convictions that result from or are connected | 8 | | with the same transaction, or result from offenses | 9 | | committed at the same time, shall be counted for the | 10 | | purposes of this Section as one conviction. | 11 | | (4) This Section does not apply unless each of the | 12 | | following requirements are satisfied: | 13 | | (A) The third offense was committed after July 3, | 14 | | 1980. | 15 | | (B) The third offense was committed within 20 | 16 | | years of the date that judgment was entered on the | 17 | | first conviction; provided, however, that time spent | 18 | | in custody shall not be counted. | 19 | | (C) The third offense was committed after | 20 | | conviction on the second offense. | 21 | | (D) The second offense was committed after | 22 | | conviction on the first offense. | 23 | | (E) The first offense was committed when the | 24 | | person was 21 years of age or older. | 25 | | (5) Anyone who is adjudged an habitual criminal may | 26 | | shall be sentenced to a term of natural life imprisonment. |
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| 1 | | (6) A prior conviction shall not be alleged in the | 2 | | indictment, and no evidence or other disclosure of that | 3 | | conviction shall be presented to the court or the jury | 4 | | during the trial of an offense set forth in this Section | 5 | | unless otherwise permitted by the issues properly raised | 6 | | in that trial. After a plea or verdict or finding of guilty | 7 | | and before sentence is imposed, the prosecutor may file | 8 | | with the court a verified written statement signed by the | 9 | | State's Attorney concerning any former conviction of an | 10 | | offense set forth in this Section rendered against the | 11 | | defendant. The court shall then cause the defendant to be | 12 | | brought before it; shall inform the defendant of the | 13 | | allegations of the statement so filed, and of his or her | 14 | | right to a hearing before the court on the issue of that | 15 | | former conviction and of his or her right to counsel at | 16 | | that hearing; and unless the defendant admits such | 17 | | conviction, shall hear and determine the issue, and shall | 18 | | make a written finding thereon. If a sentence has | 19 | | previously been imposed, the court may vacate that | 20 | | sentence and impose a new sentence in accordance with this | 21 | | Section. | 22 | | (7) A duly authenticated copy of the record of any | 23 | | alleged former conviction of an offense set forth in this | 24 | | Section shall be prima facie evidence of that former | 25 | | conviction; and a duly authenticated copy of the record of | 26 | | the defendant's final release or discharge from probation |
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| 1 | | granted, or from sentence and parole supervision (if any) | 2 | | imposed pursuant to that former conviction, shall be prima | 3 | | facie evidence of that release or discharge. | 4 | | (8) Any claim that a previous conviction offered by | 5 | | the prosecution is not a former conviction of an offense | 6 | | set forth in this Section because of the existence of any | 7 | | exceptions described in this Section, is waived unless | 8 | | duly raised at the hearing on that conviction, or unless | 9 | | the prosecution's proof shows the existence of the | 10 | | exceptions described in this Section. | 11 | | (9) If the person so convicted shows to the | 12 | | satisfaction of the court before whom that conviction was | 13 | | had that he or she was released from imprisonment, upon | 14 | | either of the sentences upon a pardon granted for the | 15 | | reason that he or she was innocent, that conviction and | 16 | | sentence shall not be considered under this Section.
| 17 | | (b) When a defendant, over the age of 21 years, is | 18 | | convicted of a Class 1 or Class 2 forcible felony after having | 19 | | twice been convicted in any state or federal court of an | 20 | | offense that contains the same elements as an offense now (the | 21 | | date the Class 1 or Class 2 forcible felony was committed) | 22 | | classified in Illinois as a Class 2 or greater Class forcible | 23 | | felony and those charges are separately brought and tried and | 24 | | arise out of different series of acts, that defendant shall be | 25 | | sentenced as a Class X offender. This subsection does not | 26 | | apply unless: |
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| 1 | | (1) the first forcible felony was committed after | 2 | | February 1, 1978 (the effective date of Public Act | 3 | | 80-1099); | 4 | | (2) the second forcible felony was committed after | 5 | | conviction on the first; | 6 | | (3) the third forcible felony was committed after | 7 | | conviction on the second; and | 8 | | (4) the first offense was committed when the person | 9 | | was 21 years of age or older. | 10 | | (c) (Blank). | 11 | | A person sentenced as a Class X offender under this | 12 | | subsection (b) is not eligible to apply for treatment as a | 13 | | condition of probation as provided by Section 40-10 of the | 14 | | Substance Use Disorder Act (20 ILCS 301/40-10).
| 15 | | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | 16 | | 101-652, eff. 7-1-21 .) | 17 | | Section 10. The Code of Civil Procedure is amended by | 18 | | changing Section 2-1401 as follows:
| 19 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 20 | | Sec. 2-1401. Relief from judgments.
| 21 | | (a) Relief from final orders and judgments, after 30 days | 22 | | from the
entry thereof, may be had upon petition as provided in | 23 | | this Section.
Writs of error coram nobis and coram vobis, | 24 | | bills of review, and bills
in the nature of bills of review are |
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| 1 | | abolished. All relief heretofore
obtainable and the grounds | 2 | | for such relief heretofore available,
whether by any of the | 3 | | foregoing remedies or otherwise, shall be
available in every | 4 | | case, by proceedings hereunder, regardless of the
nature of | 5 | | the order or judgment from which relief is sought or of the
| 6 | | proceedings in which it was entered. Except as provided in the | 7 | | Illinois Parentage Act of 2015, there shall be no distinction
| 8 | | between actions and other proceedings, statutory or otherwise, | 9 | | as to
availability of relief, grounds for relief, or the | 10 | | relief obtainable.
| 11 | | (b) The petition must be filed in the same proceeding in | 12 | | which the
order or judgment was entered but is not a | 13 | | continuation thereof. The
petition must be supported by an | 14 | | affidavit or other appropriate showing as
to matters not of | 15 | | record. A petition to reopen a foreclosure proceeding must | 16 | | include as parties to the petition, but is not limited to, all | 17 | | parties in the original action in addition to the current | 18 | | record title holders of the property, current occupants, and | 19 | | any individual or entity that had a recorded interest in the | 20 | | property before the filing of the petition. All parties to the | 21 | | petition shall be notified
as provided by rule.
| 22 | | (b-5) A movant may present a meritorious claim under this | 23 | | Section if the allegations in the petition establish each of | 24 | | the following by a preponderance of the evidence: | 25 | | (1) the movant was convicted of a forcible felony; | 26 | | (2) the movant's participation in the offense was |
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| 1 | | related to him or her previously having been a victim of | 2 | | domestic violence as perpetrated by an intimate partner; | 3 | | (3) no evidence of domestic violence against the | 4 | | movant was presented at the movant's sentencing hearing; | 5 | | (4) the movant was unaware of the mitigating nature of | 6 | | the evidence of the domestic violence at the time of | 7 | | sentencing and could not have learned of its significance | 8 | | sooner through diligence; and | 9 | | (5) the new evidence of domestic violence against the | 10 | | movant is material and noncumulative to other evidence | 11 | | offered at the sentencing hearing, and is of such a | 12 | | conclusive character that it would likely change the | 13 | | sentence imposed by the original trial court. | 14 | | Nothing in this subsection (b-5) shall prevent a movant | 15 | | from applying for any other relief under this Section or any | 16 | | other law otherwise available to him or her. | 17 | | As used in this subsection (b-5): | 18 | | "Domestic violence" means abuse as defined in Section | 19 | | 103
of the Illinois Domestic Violence Act of 1986. | 20 | | "Forcible felony" has the meaning ascribed to the term | 21 | | in
Section 2-8 of the Criminal Code of 2012. | 22 | | "Intimate partner" means a spouse or former spouse, | 23 | | persons
who have or allegedly have had a child in common, | 24 | | or persons who
have or have had a dating or engagement | 25 | | relationship. | 26 | | (b-10) A movant may present a meritorious claim under this |
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| 1 | | Section if the allegations in the petition establish each of | 2 | | the following by a preponderance of the evidence: | 3 | | (A) she was convicted of a forcible felony; | 4 | | (B) her participation in the offense was a direct | 5 | | result of her suffering from post-partum depression or | 6 | | post-partum psychosis; | 7 | | (C) no evidence of post-partum depression or | 8 | | post-partum psychosis was presented by a qualified medical | 9 | | person at trial or sentencing, or both; | 10 | | (D) she was unaware of the mitigating nature of the | 11 | | evidence or, if aware, was at the time unable to present | 12 | | this defense due to suffering from post-partum depression | 13 | | or post-partum psychosis, or, at the time of trial or | 14 | | sentencing, neither was a recognized mental illness and as | 15 | | such, she was unable to receive proper treatment;
and | 16 | | (E) evidence of post-partum depression or post-partum | 17 | | psychosis as suffered by the person is material and | 18 | | noncumulative to other evidence offered at the time of | 19 | | trial or sentencing, and it is of such a conclusive | 20 | | character that it would likely change the sentence imposed | 21 | | by the original court. | 22 | | Nothing in this subsection (b-10) prevents a person from | 23 | | applying for any other relief under this Article or any other | 24 | | law otherwise available to her. | 25 | | As used in this subsection (b-10): | 26 | | "Post-partum depression" means a mood disorder which |
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| 1 | | strikes many women during and after pregnancy and usually | 2 | | occurs during pregnancy and up to 12 months after | 3 | | delivery. This depression can include anxiety disorders. | 4 | | "Post-partum psychosis" means an extreme form of | 5 | | post-partum depression which can occur during pregnancy | 6 | | and up to 12 months after delivery. This can include | 7 | | losing touch with reality, distorted thinking, delusions, | 8 | | auditory and visual hallucinations, paranoia, | 9 | | hyperactivity and rapid speech, or mania. | 10 | | (b-15) A movant may present a meritorious claim under this | 11 | | Section if the allegations in the petition establish the | 12 | | following by a preponderance of the evidence that, prior to | 13 | | the effective date of this amendatory Act of the 103rd General | 14 | | Assembly, the movant was sentenced to natural life | 15 | | imprisonment under Section 5-4.5-95
of the Unified Code of | 16 | | Corrections. Nothing in this subsection (b-15) prevents a | 17 | | movant from applying for any other relief under this Section | 18 | | or any other law otherwise available to him or her. | 19 | | (c) Except as provided in Section 20b of the Adoption Act | 20 | | and Section
2-32 of the Juvenile Court Act of 1987, in a | 21 | | petition based
upon Section 116-3 of the Code of Criminal | 22 | | Procedure of 1963 or subsection (b-10) or (b-15) of this | 23 | | Section, or in a motion to vacate and expunge convictions | 24 | | under the Cannabis Control Act as provided by subsection (i) | 25 | | of Section 5.2 of the Criminal Identification Act, the | 26 | | petition
must be filed not later than 2 years after the entry |
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| 1 | | of the order or judgment.
Time during which the person seeking | 2 | | relief is under legal disability or
duress or the ground for | 3 | | relief is fraudulently concealed shall be excluded
in | 4 | | computing the period of 2 years.
| 5 | | (c-5) Any individual may at any time file a petition and | 6 | | institute proceedings under this Section if his or her final | 7 | | order or judgment, which was entered based on a plea of guilty | 8 | | or nolo contendere, has potential consequences under federal | 9 | | immigration law. | 10 | | (d) The filing of a petition under this Section does not | 11 | | affect the
order or judgment, or suspend its operation.
| 12 | | (e) Unless lack of jurisdiction affirmatively appears from | 13 | | the
record proper, the vacation or modification of an order or | 14 | | judgment
pursuant to the provisions of this Section does not | 15 | | affect the right,
title, or interest in or to any real or | 16 | | personal property of any person,
not a party to the original | 17 | | action, acquired for value after the entry
of the order or | 18 | | judgment but before the filing of the petition, nor
affect any | 19 | | right of any person not a party to the original action under
| 20 | | any certificate of sale issued before the filing of the | 21 | | petition,
pursuant to a sale based on the order or judgment. | 22 | | When a petition is filed pursuant to this Section to reopen a | 23 | | foreclosure proceeding, notwithstanding the provisions of | 24 | | Section 15-1701 of this Code, the purchaser or successor | 25 | | purchaser of real property subject to a foreclosure sale who | 26 | | was not a party to the mortgage foreclosure proceedings is |
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| 1 | | entitled to remain in possession of the property until the | 2 | | foreclosure action is defeated or the previously foreclosed | 3 | | defendant redeems from the foreclosure sale if the purchaser | 4 | | has been in possession of the property for more than 6 months.
| 5 | | (f) Nothing contained in this Section affects any existing | 6 | | right to
relief from a void order or judgment, or to employ any | 7 | | existing method
to procure that relief.
| 8 | | (Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; | 9 | | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)".
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