Full Text of HB1962 095th General Assembly
HB1962 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1962
Introduced 2/23/2007, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1401 |
from Ch. 110, par. 2-1401 |
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Amends the Code of Civil Procedure. Provides that Section on relief from final orders and judgments shall not be used to attack a criminal conviction. Deletes a reference to an exception for a Section of the Code of Civil Procedure of 1963 (at present, Section 116-3).
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A BILL FOR
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HB1962 |
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LRB095 08556 AJO 28737 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 2-1401 as follows:
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| (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
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| Sec. 2-1401. Relief from judgments.
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| (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, bills | 11 |
| of review and bills
in the nature of bills of review are | 12 |
| abolished. All relief heretofore
obtainable and the grounds for | 13 |
| 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 the | 16 |
| order or judgment from which relief is sought or of the
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| proceedings in which it was entered. Except as provided in | 18 |
| Section 6
of the Illinois Parentage Act of 1984, there shall be | 19 |
| no distinction
between actions and other proceedings, | 20 |
| statutory or otherwise, as to
availability of relief, grounds | 21 |
| for relief or the relief obtainable.
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| (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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HB1962 |
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LRB095 08556 AJO 28737 b |
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| continuation thereof. The
petition must be supported by | 2 |
| affidavit or other appropriate showing as
to matters not of | 3 |
| record. All parties to the petition shall be notified
as | 4 |
| provided by rule.
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| (c) Except as provided in Section 20b of the Adoption Act | 6 |
| and Section
2-32
3-32 of the Juvenile Court Act of 1987 or in a | 7 |
| petition based
upon Section 116-3 of the Code of Criminal | 8 |
| Procedure of 1963 , the petition
must be filed not later than 2 | 9 |
| years after the entry of the order or judgment.
Time during | 10 |
| which the person seeking relief is under legal disability or
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| duress or the ground for relief is fraudulently concealed shall | 12 |
| be excluded
in computing the period of 2 years.
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| (d) The filing of a petition under this Section does not | 14 |
| affect the
order or judgment, or suspend its operation.
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| (e) Unless lack of jurisdiction affirmatively appears from | 16 |
| the
record proper, the vacation or modification of an order or | 17 |
| judgment
pursuant to the provisions of this Section does not | 18 |
| affect the right,
title or interest in or to any real or | 19 |
| personal property of any person,
not a party to the original | 20 |
| action, acquired for value after the entry
of the order or | 21 |
| judgment but before the filing of the petition, nor
affect any | 22 |
| right of any person not a party to the original action under
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| any certificate of sale issued before the filing of the | 24 |
| petition,
pursuant to a sale based on the order or judgment.
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| (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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LRB095 08556 AJO 28737 b |
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| existing method
to procure that relief.
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| (g) This Section shall not be used to attack a criminal | 3 |
| conviction.
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| (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141, | 5 |
| eff. 1-1-98;
90-655, eff. 7-30-98; revised 11-06-02.)
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