Public Act 103-0968
 
SB3285 EnrolledLRB103 37480 JRC 67603 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by 
changing Section 2-1401 as follows:
 
    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
    Sec. 2-1401. Relief from judgments. 
    (a) Relief from final orders and judgments, after 30 days 
from the entry thereof, may be had upon petition as provided in 
this Section. Writs of error coram nobis and coram vobis, 
bills of review, and bills in the nature of bills of review are 
abolished. All relief heretofore obtainable and the grounds 
for such relief heretofore available, whether by any of the 
foregoing remedies or otherwise, shall be available in every 
case, by proceedings hereunder, regardless of the nature of 
the order or judgment from which relief is sought or of the 
proceedings in which it was entered. Except as provided in the 
Illinois Parentage Act of 2015, there shall be no distinction 
between actions and other proceedings, statutory or otherwise, 
as to availability of relief, grounds for relief, or the 
relief obtainable.
    (b) The petition must be filed in the same proceeding in 
which the order or judgment was entered but is not a 
continuation thereof. The petition must be supported by an 
affidavit or other appropriate showing as to matters not of 
record. A petition to reopen a foreclosure proceeding must 
include as parties to the petition, but is not limited to, all 
parties in the original action in addition to the current 
record title holders of the property, current occupants, and 
any individual or entity that had a recorded interest in the 
property before the filing of the petition. All parties to the 
petition shall be notified as provided by rule.
    (b-5) A movant may present a meritorious claim under this 
Section if the allegations in the petition establish each of 
the following by a preponderance of the evidence:
        (1) the movant was convicted of a forcible felony;
        (2) the movant's participation in the offense was 
    related to him or her previously having been a victim of 
    domestic violence or gender-based violence;
        (3) there is substantial evidence of domestic violence 
    or gender-based violence against the movant that was not 
    presented at the movant's sentencing hearing;
        (4) (blank); and
        (5) the evidence of domestic violence or gender-based 
    violence against the movant is material and noncumulative 
    to other evidence offered at the sentencing hearing, or 
    previous hearing under this Section filed on or after the 
    effective date of this amendatory Act of the 103rd General 
    Assembly, and is of such a conclusive character that it 
    would likely change the sentence imposed by the original 
    trial court.
    Nothing in this subsection (b-5) shall prevent a movant 
from applying for any other relief under this Section or any 
other law otherwise available to him or her. This subsection 
(b-5) applies to all eligible convictions, including, but not 
limited to, if the judge renders the sentence based on a 
negotiated plea agreement. Relief under this Section allows 
for the modification of the length of sentence without 
affecting the conviction. 
    As used in this subsection (b-5):
        "Domestic violence" means abuse as defined in Section 
    103 of the Illinois Domestic Violence Act of 1986.
        "Forcible felony" has the meaning ascribed to the term 
    in Section 2-8 of the Criminal Code of 2012.
        "Gender-based violence" includes evidence of 
    victimization as a trafficking victim, as defined by 
    paragraph (10) of subsection (a) of Section 10-9 of the 
    Criminal Code of 2012, evidence of victimization under the 
    Illinois Domestic Violence Act of 1986, evidence of 
    victimization under the Stalking No Contact Order Act, or 
    evidence of victimization of any offense under Article 11 
    of the Criminal Code of 2012, irrespective of criminal 
    prosecution or conviction. 
        "Intimate partner" means a spouse or former spouse, 
    persons who have or allegedly have had a child in common, 
    or persons who have or have had a dating or engagement 
    relationship.
        "Substantial evidence" means evidence that a 
    reasonable mind might accept as adequate to support a 
    conclusion. 
    (b-10) A movant may present a meritorious claim under this 
Section if the allegations in the petition establish each of 
the following by a preponderance of the evidence:
        (A) she was convicted of a forcible felony;
        (B) her participation in the offense was a direct 
    result of her suffering from postpartum post-partum 
    depression or postpartum post-partum psychosis;
        (C) no evidence of postpartum post-partum depression 
    or postpartum post-partum psychosis was presented by a 
    qualified medical person at trial or sentencing, or both;
        (D) she was unaware of the mitigating nature of the 
    evidence or, if aware, was at the time unable to present 
    this defense due to suffering from postpartum post-partum 
    depression or postpartum post-partum psychosis, or, at the 
    time of trial or sentencing, neither was a recognized 
    mental illness and as such, she was unable to receive 
    proper treatment; and
        (E) evidence of postpartum post-partum depression or 
    postpartum post-partum psychosis as suffered by the person 
    is material and noncumulative to other evidence offered at 
    the time of trial or sentencing, and it is of such a 
    conclusive character that it would likely change the 
    sentence imposed by the original court.
    Nothing in this subsection (b-10) prevents a person from 
applying for any other relief under this Article or any other 
law otherwise available to her. This subsection (b-10) applies 
to all eligible convictions, including, but not limited to, if 
the judge renders the sentence based on a negotiated plea 
agreement. Relief under this Section allows for the 
modification of the length of sentence without affecting the 
conviction. 
    As used in this subsection (b-10):
        "Postpartum Post-partum depression" means a mood 
    disorder which strikes many women during and after 
    pregnancy and usually occurs during pregnancy and up to 12 
    months after delivery. This depression can include anxiety 
    disorders.
        "Postpartum Post-partum psychosis" means an extreme 
    form of postpartum post-partum depression which can occur 
    during pregnancy and up to 12 months after delivery. This 
    can include losing touch with reality, distorted thinking, 
    delusions, auditory and visual hallucinations, paranoia, 
    hyperactivity and rapid speech, or mania.
    (c) Except as provided in Section 20b of the Adoption Act 
and Section 2-32 of the Juvenile Court Act of 1987, in a 
petition based upon Section 116-3 of the Code of Criminal 
Procedure of 1963 or subsection (b-5) or (b-10) of this 
Section, or in a motion to vacate and expunge convictions 
under the Cannabis Control Act as provided by subsection (i) 
of Section 5.2 of the Criminal Identification Act, the 
petition must be filed not later than 2 years after the entry 
of the order or judgment. Time during which the person seeking 
relief is under legal disability or duress or the ground for 
relief is fraudulently concealed shall be excluded in 
computing the period of 2 years.
    (c-5) Any individual may at any time file a petition and 
institute proceedings under this Section if his or her final 
order or judgment, which was entered based on a plea of guilty 
or nolo contendere, has potential consequences under federal 
immigration law. 
    (d) The filing of a petition under this Section does not 
affect the order or judgment, or suspend its operation.
    (e) Unless lack of jurisdiction affirmatively appears from 
the record proper, the vacation or modification of an order or 
judgment pursuant to the provisions of this Section does not 
affect the right, title, or interest in or to any real or 
personal property of any person, not a party to the original 
action, acquired for value after the entry of the order or 
judgment but before the filing of the petition, nor affect any 
right of any person not a party to the original action under 
any certificate of sale issued before the filing of the 
petition, pursuant to a sale based on the order or judgment. 
When a petition is filed pursuant to this Section to reopen a 
foreclosure proceeding, notwithstanding the provisions of 
Section 15-1701 of this Code, the purchaser or successor 
purchaser of real property subject to a foreclosure sale who 
was not a party to the mortgage foreclosure proceedings is 
entitled to remain in possession of the property until the 
foreclosure action is defeated or the previously foreclosed 
defendant redeems from the foreclosure sale if the purchaser 
has been in possession of the property for more than 6 months. 
    (f) Nothing contained in this Section affects any existing 
right to relief from a void order or judgment, or to employ any 
existing method to procure that relief.
(Source: P.A. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 
103-403, eff. 1-1-24.)