Full Text of HB3867 97th General Assembly
HB3867eng 97TH GENERAL ASSEMBLY |
| | HB3867 Engrossed | | LRB097 13395 RLC 58697 b |
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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 | | adding Section 5-5-4.05 as follows: | 6 | | (730 ILCS 5/5-5-4.05 new) | 7 | | Sec. 5-5-4.05. First degree murder by victim of domestic | 8 | | violence; reduction of sentence. | 9 | | (a) The circuit court of the circuit in which the person | 10 | | was convicted may reduce the sentence of a person who is | 11 | | serving a term of imprisonment for first degree murder or the | 12 | | prior offense of murder if each of these circumstances exist: | 13 | | (1) the murderer must have been tried, sentenced, or | 14 | | pled guilty to the offense prior to the effective date of | 15 | | the federal Battered Women's Testimony Act of 1992; | 16 | | (2) the murderer must have claimed abuse
as defined in | 17 | | Section 112A-3 of the Code of Criminal Procedure of 1963; | 18 | | (3) the murderer must have written documentation of | 19 | | abuse prior to the effective date of this amendatory Act of | 20 | | the 97th General Assembly. Documentation may include, but | 21 | | is not limited to, civil or criminal court records, | 22 | | proceedings, notarized statements, police reports, and | 23 | | witness statements. Abuse must have been claimed but is not |
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| 1 | | required to be proved; | 2 | | (4) the murderer must be incarcerated for the murder of | 3 | | his or her abuser, whether perpetrated by the murderer or | 4 | | whether accountable for the murder under Article 5 of the | 5 | | Criminal Code of 1961; | 6 | | (5) the murderer must not have been previously | 7 | | convicted of first degree murder, a Class X felony, or a | 8 | | Class 1 felony; and | 9 | | (6) the murderer must have been sentenced to a term of | 10 | | imprisonment that is more than the maximum sentence that is | 11 | | not an extended term
sentence. | 12 | | (b) If all of the criteria of subsection (a) are met, the | 13 | | murderer may submit in writing a petition to the circuit court | 14 | | of the circuit in which the person was convicted in accordance | 15 | | with Illinois Supreme Court Rules for reduction of the | 16 | | murderer's sentence to the maximum sentence available for the | 17 | | offense at the time of its commission that was not an extended | 18 | | term sentence. The petition request must include all | 19 | | documentation required by subsection (a).
The circuit court of | 20 | | the circuit in which the person was convicted, within 60 | 21 | | business days from the date the court receives the petition, | 22 | | shall review the petition and all submitted documents, and if | 23 | | the court is satisfied that the criteria of subsection (a) have | 24 | | been met shall reduce the petitioner's sentence to the maximum | 25 | | sentence available for the offense at the time of its | 26 | | commission that was not an extended term sentence.
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| 1 | | Section 10. The Code of Civil Procedure is amended by | 2 | | changing Section 2-1401 as follows:
| 3 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 4 | | Sec. 2-1401. Relief from judgments.
| 5 | | (a) Relief from final orders and judgments, after 30 days | 6 | | from the
entry thereof, may be had upon petition as provided in | 7 | | this Section.
Writs of error coram nobis and coram vobis, bills | 8 | | of review and bills
in the nature of bills of review are | 9 | | abolished. All relief heretofore
obtainable and the grounds for | 10 | | such relief heretofore available,
whether by any of the | 11 | | foregoing remedies or otherwise, shall be
available in every | 12 | | case, by proceedings hereunder, regardless of the
nature of the | 13 | | order or judgment from which relief is sought or of the
| 14 | | proceedings in which it was entered. Except as provided in | 15 | | Section 6
of the Illinois Parentage Act of 1984, there shall be | 16 | | no distinction
between actions and other proceedings, | 17 | | statutory or otherwise, as to
availability of relief, grounds | 18 | | for relief or the relief obtainable.
| 19 | | (b) The petition must be filed in the same proceeding in | 20 | | which the
order or judgment was entered but is not a | 21 | | continuation thereof. The
petition must be supported by | 22 | | affidavit or other appropriate showing as
to matters not of | 23 | | record. All parties to the petition shall be notified
as | 24 | | provided by rule.
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| 1 | | (c) Except as provided in Section 20b of the Adoption Act | 2 | | and Section
2-32 of the Juvenile Court Act of 1987 or in a | 3 | | petition based
upon Section 116-3 of the Code of Criminal | 4 | | Procedure of 1963, the petition
must be filed not later than 2 | 5 | | years after the entry of the order or judgment.
Time during | 6 | | which the person seeking relief is under legal disability or
| 7 | | duress or the ground for relief is fraudulently concealed shall | 8 | | be excluded
in computing the period of 2 years.
| 9 | | (d) The filing of a petition under this Section does not | 10 | | affect the
order or judgment, or suspend its operation.
| 11 | | (e) Unless lack of jurisdiction affirmatively appears from | 12 | | the
record proper, the vacation or modification of an order or | 13 | | judgment
pursuant to the provisions of this Section does not | 14 | | affect the right,
title or interest in or to any real or | 15 | | personal property of any person,
not a party to the original | 16 | | action, acquired for value after the entry
of the order or | 17 | | judgment but before the filing of the petition, nor
affect any | 18 | | right of any person not a party to the original action under
| 19 | | any certificate of sale issued before the filing of the | 20 | | petition,
pursuant to a sale based on the order or judgment.
| 21 | | (f) Nothing contained in this Section affects any existing | 22 | | right to
relief from a void order or judgment, or to employ any | 23 | | existing method
to procure that relief.
| 24 | | (g) This Section does not apply to petitions filed under | 25 | | Section 5-5-4.05 of the Unified Code of Corrections. | 26 | | (Source: P.A. 95-331, eff. 8-21-07.)
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