Full Text of SB0209 99th General Assembly
SB0209enr 99TH 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 Unified Code of Corrections is amended by | 5 | | changing Section 5-5-3.1 as follows:
| 6 | | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| 7 | | Sec. 5-5-3.1. Factors in Mitigation.
| 8 | | (a) The following
grounds shall be accorded weight in favor | 9 | | of withholding or
minimizing a sentence of imprisonment:
| 10 | | (1) The defendant's criminal conduct neither caused | 11 | | nor
threatened serious physical harm to another.
| 12 | | (2) The defendant did not contemplate that his criminal | 13 | | conduct would
cause or threaten serious physical harm to | 14 | | another.
| 15 | | (3) The defendant acted under a strong provocation.
| 16 | | (4) There were substantial grounds tending to excuse or | 17 | | justify
the defendant's criminal conduct, though failing | 18 | | to establish a
defense.
| 19 | | (5) The defendant's criminal conduct was induced or | 20 | | facilitated
by someone other than the defendant.
| 21 | | (6) The defendant has compensated or will compensate | 22 | | the victim
of his criminal conduct for the damage or injury | 23 | | that he sustained.
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| 1 | | (7) The defendant has no history of prior delinquency | 2 | | or
criminal activity or has led a law-abiding life for a | 3 | | substantial
period of time before the commission of the | 4 | | present crime.
| 5 | | (8) The defendant's criminal conduct was the result of
| 6 | | circumstances unlikely to recur.
| 7 | | (9) The character and attitudes of the defendant | 8 | | indicate that he is
unlikely to commit another crime.
| 9 | | (10) The defendant is particularly likely to comply | 10 | | with the terms of
a period of probation.
| 11 | | (11) The imprisonment of the defendant would entail | 12 | | excessive
hardship to his dependents.
| 13 | | (12) The imprisonment of the defendant would endanger | 14 | | his or her medical
condition.
| 15 | | (13) The defendant was intellectually disabled as | 16 | | defined in Section 5-1-13 of
this Code.
| 17 | | (14) The defendant sought or obtained emergency | 18 | | medical assistance for an overdose and was convicted of a | 19 | | Class 3 felony or higher possession, manufacture, or | 20 | | delivery of a controlled, counterfeit, or look-alike | 21 | | substance or a controlled substance analog under the | 22 | | Illinois Controlled Substances Act or a Class 2 felony or | 23 | | higher possession, manufacture or delivery of | 24 | | methamphetamine under the Methamphetamine Control and | 25 | | Community Protection Act. | 26 | | (15) At the time of the offense, the defendant is or |
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| 1 | | had been the victim of domestic violence and the effects of | 2 | | the domestic violence tended to excuse or justify the | 3 | | defendant's criminal conduct. As used in this paragraph | 4 | | (15), "domestic violence" means abuse as defined in Section | 5 | | 103 of the Illinois Domestic Violence Act of 1986. | 6 | | (b) If the court, having due regard for the character of | 7 | | the
offender, the nature and circumstances of the offense and | 8 | | the
public interest finds that a sentence of imprisonment is | 9 | | the
most appropriate disposition of the offender, or where | 10 | | other
provisions of this Code mandate the imprisonment of the | 11 | | offender,
the grounds listed in paragraph (a) of this | 12 | | subsection shall be
considered as factors in mitigation of the | 13 | | term imposed.
| 14 | | (Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, | 15 | | eff. 8-16-13.) | 16 | | Section 10. The Code of Civil Procedure is amended by | 17 | | changing Section 2-1401 as follows:
| 18 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 19 | | Sec. 2-1401. Relief from judgments.
| 20 | | (a) Relief from final orders and judgments, after 30 days | 21 | | from the
entry thereof, may be had upon petition as provided in | 22 | | this Section.
Writs of error coram nobis and coram vobis, bills | 23 | | of review and bills
in the nature of bills of review are | 24 | | abolished. All relief heretofore
obtainable and the grounds for |
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| 1 | | such relief heretofore available,
whether by any of the | 2 | | foregoing remedies or otherwise, shall be
available in every | 3 | | case, by proceedings hereunder, regardless of the
nature of the | 4 | | order or judgment from which relief is sought or of the
| 5 | | proceedings in which it was entered. Except as provided in | 6 | | Section 6
of the Illinois Parentage Act of 1984, there shall be | 7 | | no distinction
between actions and other proceedings, | 8 | | statutory or otherwise, as to
availability of relief, grounds | 9 | | for relief or the relief obtainable.
| 10 | | (b) The petition must be filed in the same proceeding in | 11 | | which the
order or judgment was entered but is not a | 12 | | continuation thereof. The
petition must be supported by | 13 | | affidavit or other appropriate showing as
to matters not of | 14 | | record. All parties to the petition shall be notified
as | 15 | | provided by rule.
| 16 | | (b-5) A movant may present a meritorious claim under this | 17 | | Section if the allegations in the petition establish each of | 18 | | the following by a preponderance of the evidence: | 19 | | (1) the movant was convicted of a forcible felony; | 20 | | (2) the movant's participation in the offense was | 21 | | related to him or her previously having been a victim of | 22 | | domestic violence as perpetrated by an intimate partner; | 23 | | (3) no evidence of domestic violence against the movant | 24 | | was presented at the movant's sentencing hearing; | 25 | | (4) the movant was unaware of the mitigating nature of | 26 | | the evidence of the domestic violence at the time of |
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| 1 | | sentencing and could not have learned of its significance | 2 | | sooner through diligence; and | 3 | | (5) the new evidence of domestic violence against the | 4 | | movant is material and noncumulative to other evidence | 5 | | offered at the sentencing hearing, and is of such a | 6 | | conclusive character that it would likely change the | 7 | | sentence imposed by the original trial court. | 8 | | Nothing in this subsection (b-5) shall prevent a movant | 9 | | from applying for any other relief under this Section or any | 10 | | other law otherwise available to him or her. | 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 | | "Intimate partner" means a spouse or former spouse, | 17 | | persons
who have or allegedly have had a child in common, | 18 | | or persons who
have or have had a dating or engagement | 19 | | relationship. | 20 | | (c) Except as provided in Section 20b of the Adoption Act | 21 | | and Section
2-32 of the Juvenile Court Act of 1987 or in a | 22 | | petition based
upon Section 116-3 of the Code of Criminal | 23 | | Procedure of 1963, the petition
must be filed not later than 2 | 24 | | years after the entry of the order or judgment.
Time during | 25 | | which the person seeking relief is under legal disability or
| 26 | | duress or the ground for relief is fraudulently concealed shall |
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| 1 | | be excluded
in computing the period of 2 years.
| 2 | | (d) The filing of a petition under this Section does not | 3 | | affect the
order or judgment, or suspend its operation.
| 4 | | (e) Unless lack of jurisdiction affirmatively appears from | 5 | | the
record proper, the vacation or modification of an order or | 6 | | judgment
pursuant to the provisions of this Section does not | 7 | | affect the right,
title or interest in or to any real or | 8 | | personal property of any person,
not a party to the original | 9 | | action, acquired for value after the entry
of the order or | 10 | | judgment but before the filing of the petition, nor
affect any | 11 | | right of any person not a party to the original action under
| 12 | | any certificate of sale issued before the filing of the | 13 | | petition,
pursuant to a sale based on the order or judgment.
| 14 | | (f) Nothing contained in this Section affects any existing | 15 | | right to
relief from a void order or judgment, or to employ any | 16 | | existing method
to procure that relief.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07.)
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