Full Text of SB3285 103rd General Assembly
SB3285 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3285 Introduced 2/7/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: | | 735 ILCS 5/2-1401 | from Ch. 110, par. 2-1401 |
| Amends the Code of Civil Procedure. Provides a conviction that was the result of a negotiated plea may be challenged under the post-judgment relief provisions that require evidence of a forcible felony, domestic violence, or gender-based violence. |
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| | A BILL FOR |
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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 .) |
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