Full Text of SB2260 103rd General Assembly
SB2260eng 103RD GENERAL ASSEMBLY |
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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 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 as perpetrated | 17 | | by an intimate partner ; | 18 | | (3) no substantial evidence or incomplete evidence of | 19 | | domestic violence or gender-based violence against the | 20 | | movant was presented at the movant's sentencing hearing; | 21 | | (4) (blank) the movant was unaware of the mitigating | 22 | | nature of the evidence of the domestic violence at the | 23 | | time of sentencing and could not have learned of its | 24 | | significance sooner through diligence ; and | 25 | | (5) the new evidence of domestic violence or | 26 | | gender-based violence against the movant is material and |
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| 1 | | noncumulative to other evidence offered at the sentencing | 2 | | hearing, or previous hearing under this Section filed on | 3 | | or after the effective date of this amendatory Act of the | 4 | | 103rd General Assembly, and is of such a conclusive | 5 | | character that it would likely change the sentence imposed | 6 | | by the original trial court. | 7 | | Nothing in this subsection (b-5) shall prevent a movant | 8 | | from applying for any other relief under this Section or any | 9 | | other law otherwise available to him or her. | 10 | | As used in this subsection (b-5): | 11 | | "Domestic violence" means abuse as defined in Section | 12 | | 103
of the Illinois Domestic Violence Act of 1986. | 13 | | "Forcible felony" has the meaning ascribed to the term | 14 | | in
Section 2-8 of the Criminal Code of 2012. | 15 | | "Gender-based violence" means the perpetration of | 16 | | "serious harm" as defined in Section 10-9 of the Criminal | 17 | | Code of 2012. | 18 | | "Intimate partner" means a spouse or former spouse, | 19 | | persons
who have or allegedly have had a child in common, | 20 | | or persons who
have or have had a dating or engagement | 21 | | relationship. | 22 | | (b-10) 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 | | (A) she was convicted of a forcible felony; | 26 | | (B) her participation in the offense was a direct |
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| 1 | | result of her suffering from post-partum depression or | 2 | | post-partum psychosis; | 3 | | (C) no evidence of post-partum depression or | 4 | | post-partum psychosis was presented by a qualified medical | 5 | | person at trial or sentencing, or both; | 6 | | (D) she was unaware of the mitigating nature of the | 7 | | evidence or, if aware, was at the time unable to present | 8 | | this defense due to suffering from post-partum depression | 9 | | or post-partum psychosis, or, at the time of trial or | 10 | | sentencing, neither was a recognized mental illness and as | 11 | | such, she was unable to receive proper treatment;
and | 12 | | (E) evidence of post-partum depression or post-partum | 13 | | psychosis as suffered by the person is material and | 14 | | noncumulative to other evidence offered at the time of | 15 | | trial or sentencing, and it is of such a conclusive | 16 | | character that it would likely change the sentence imposed | 17 | | by the original court. | 18 | | Nothing in this subsection (b-10) prevents a person from | 19 | | applying for any other relief under this Article or any other | 20 | | law otherwise available to her. | 21 | | As used in this subsection (b-10): | 22 | | "Post-partum depression" means a mood disorder which | 23 | | strikes many women during and after pregnancy and usually | 24 | | occurs during pregnancy and up to 12 months after | 25 | | delivery. This depression can include anxiety disorders. | 26 | | "Post-partum psychosis" means an extreme form of |
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| 1 | | post-partum depression which can occur during pregnancy | 2 | | and up to 12 months after delivery. This can include | 3 | | losing touch with reality, distorted thinking, delusions, | 4 | | auditory and visual hallucinations, paranoia, | 5 | | hyperactivity and rapid speech, or mania. | 6 | | (c) Except as provided in Section 20b of the Adoption Act | 7 | | and Section
2-32 of the Juvenile Court Act of 1987, in a | 8 | | petition based
upon Section 116-3 of the Code of Criminal | 9 | | Procedure of 1963 or subsection (b-5) or (b-10) of this | 10 | | Section, or in a motion to vacate and expunge convictions | 11 | | under the Cannabis Control Act as provided by subsection (i) | 12 | | of Section 5.2 of the Criminal Identification Act, the | 13 | | petition
must be filed not later than 2 years after the entry | 14 | | of the order or judgment.
Time during which the person seeking | 15 | | relief is under legal disability or
duress or the ground for | 16 | | relief is fraudulently concealed shall be excluded
in | 17 | | computing the period of 2 years.
| 18 | | (c-5) Any individual may at any time file a petition and | 19 | | institute proceedings under this Section if his or her final | 20 | | order or judgment, which was entered based on a plea of guilty | 21 | | or nolo contendere, has potential consequences under federal | 22 | | immigration law. | 23 | | (d) The filing of a petition under this Section does not | 24 | | affect the
order or judgment, or suspend its operation.
| 25 | | (e) Unless lack of jurisdiction affirmatively appears from | 26 | | the
record proper, the vacation or modification of an order or |
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| 1 | | judgment
pursuant to the provisions of this Section does not | 2 | | affect the right,
title, or interest in or to any real or | 3 | | personal property of any person,
not a party to the original | 4 | | action, acquired for value after the entry
of the order or | 5 | | judgment but before the filing of the petition, nor
affect any | 6 | | right of any person not a party to the original action under
| 7 | | any certificate of sale issued before the filing of the | 8 | | petition,
pursuant to a sale based on the order or judgment. | 9 | | When a petition is filed pursuant to this Section to reopen a | 10 | | foreclosure proceeding, notwithstanding the provisions of | 11 | | Section 15-1701 of this Code, the purchaser or successor | 12 | | purchaser of real property subject to a foreclosure sale who | 13 | | was not a party to the mortgage foreclosure proceedings is | 14 | | entitled to remain in possession of the property until the | 15 | | foreclosure action is defeated or the previously foreclosed | 16 | | defendant redeems from the foreclosure sale if the purchaser | 17 | | has been in possession of the property for more than 6 months.
| 18 | | (f) Nothing contained in this Section affects any existing | 19 | | right to
relief from a void order or judgment, or to employ any | 20 | | existing method
to procure that relief.
| 21 | | (Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; | 22 | | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)
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