IL
Illinois House Bill HB5646

Illinois 2023-2024 Regular Session

Illinois House Bill HB5646 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5646 Introduced 2/9/2024, by Rep. Kelly M. Cassidy 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. LRB103 37587 JRC 67713 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5646 Introduced 2/9/2024, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 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. LRB103 37587 JRC 67713 b LRB103 37587 JRC 67713 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5646 Introduced 2/9/2024, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
33 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
44 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
55 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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1111 1 AN ACT concerning civil law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Civil Procedure is amended by
1515 5 changing Section 2-1401 as follows:
1616 6 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
1717 7 Sec. 2-1401. Relief from judgments.
1818 8 (a) Relief from final orders and judgments, after 30 days
1919 9 from the entry thereof, may be had upon petition as provided in
2020 10 this Section. Writs of error coram nobis and coram vobis,
2121 11 bills of review, and bills in the nature of bills of review are
2222 12 abolished. All relief heretofore obtainable and the grounds
2323 13 for such relief heretofore available, whether by any of the
2424 14 foregoing remedies or otherwise, shall be available in every
2525 15 case, by proceedings hereunder, regardless of the nature of
2626 16 the order or judgment from which relief is sought or of the
2727 17 proceedings in which it was entered. Except as provided in the
2828 18 Illinois Parentage Act of 2015, there shall be no distinction
2929 19 between actions and other proceedings, statutory or otherwise,
3030 20 as to availability of relief, grounds for relief, or the
3131 21 relief obtainable.
3232 22 (b) The petition must be filed in the same proceeding in
3333 23 which the order or judgment was entered but is not a
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5646 Introduced 2/9/2024, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3838 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
3939 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
4040 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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6868 1 continuation thereof. The petition must be supported by an
6969 2 affidavit or other appropriate showing as to matters not of
7070 3 record. A petition to reopen a foreclosure proceeding must
7171 4 include as parties to the petition, but is not limited to, all
7272 5 parties in the original action in addition to the current
7373 6 record title holders of the property, current occupants, and
7474 7 any individual or entity that had a recorded interest in the
7575 8 property before the filing of the petition. All parties to the
7676 9 petition shall be notified as provided by rule.
7777 10 (b-5) A movant may present a meritorious claim under this
7878 11 Section if the allegations in the petition establish each of
7979 12 the following by a preponderance of the evidence:
8080 13 (1) the movant was convicted of a forcible felony;
8181 14 (2) the movant's participation in the offense was
8282 15 related to him or her previously having been a victim of
8383 16 domestic violence or gender-based violence;
8484 17 (3) there is substantial evidence of domestic violence
8585 18 or gender-based violence against the movant that was not
8686 19 presented at the movant's sentencing hearing;
8787 20 (4) (blank); and
8888 21 (5) the evidence of domestic violence or gender-based
8989 22 violence against the movant is material and noncumulative
9090 23 to other evidence offered at the sentencing hearing, or
9191 24 previous hearing under this Section filed on or after the
9292 25 effective date of this amendatory Act of the 103rd General
9393 26 Assembly, and is of such a conclusive character that it
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104104 1 would likely change the sentence imposed by the original
105105 2 trial court.
106106 3 Nothing in this subsection (b-5) shall prevent a movant
107107 4 from applying for any other relief under this Section or any
108108 5 other law otherwise available to him or her. This subsection
109109 6 (b-5) applies to all eligible convictions, including, but not
110110 7 limited to, if the judge renders the sentence based on a
111111 8 negotiated plea agreement. Relief under this Section allows
112112 9 for the modification of the length of sentence without
113113 10 affecting the conviction.
114114 11 As used in this subsection (b-5):
115115 12 "Domestic violence" means abuse as defined in Section
116116 13 103 of the Illinois Domestic Violence Act of 1986.
117117 14 "Forcible felony" has the meaning ascribed to the term
118118 15 in Section 2-8 of the Criminal Code of 2012.
119119 16 "Gender-based violence" includes evidence of
120120 17 victimization as a trafficking victim, as defined by
121121 18 paragraph (10) of subsection (a) of Section 10-9 of the
122122 19 Criminal Code of 2012, evidence of victimization under the
123123 20 Illinois Domestic Violence Act of 1986, evidence of
124124 21 victimization under the Stalking No Contact Order Act, or
125125 22 evidence of victimization of any offense under Article 11
126126 23 of the Criminal Code of 2012, irrespective of criminal
127127 24 prosecution or conviction.
128128 25 "Intimate partner" means a spouse or former spouse,
129129 26 persons who have or allegedly have had a child in common,
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140140 1 or persons who have or have had a dating or engagement
141141 2 relationship.
142142 3 "Substantial evidence" means evidence that a
143143 4 reasonable mind might accept as adequate to support a
144144 5 conclusion.
145145 6 (b-10) A movant may present a meritorious claim under this
146146 7 Section if the allegations in the petition establish each of
147147 8 the following by a preponderance of the evidence:
148148 9 (A) she was convicted of a forcible felony;
149149 10 (B) her participation in the offense was a direct
150150 11 result of her suffering from postpartum post-partum
151151 12 depression or postpartum post-partum psychosis;
152152 13 (C) no evidence of postpartum post-partum depression
153153 14 or postpartum post-partum psychosis was presented by a
154154 15 qualified medical person at trial or sentencing, or both;
155155 16 (D) she was unaware of the mitigating nature of the
156156 17 evidence or, if aware, was at the time unable to present
157157 18 this defense due to suffering from postpartum post-partum
158158 19 depression or postpartum post-partum psychosis, or, at the
159159 20 time of trial or sentencing, neither was a recognized
160160 21 mental illness and as such, she was unable to receive
161161 22 proper treatment; and
162162 23 (E) evidence of postpartum post-partum depression or
163163 24 postpartum post-partum psychosis as suffered by the person
164164 25 is material and noncumulative to other evidence offered at
165165 26 the time of trial or sentencing, and it is of such a
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176176 1 conclusive character that it would likely change the
177177 2 sentence imposed by the original court.
178178 3 Nothing in this subsection (b-10) prevents a person from
179179 4 applying for any other relief under this Article or any other
180180 5 law otherwise available to her. This subsection (b-10) applies
181181 6 to all eligible convictions, including, but not limited to, if
182182 7 the judge renders the sentence based on a negotiated plea
183183 8 agreement. Relief under this Section allows for the
184184 9 modification of the length of sentence without affecting the
185185 10 conviction.
186186 11 As used in this subsection (b-10):
187187 12 "Postpartum Post-partum depression" means a mood
188188 13 disorder which strikes many women during and after
189189 14 pregnancy and usually occurs during pregnancy and up to 12
190190 15 months after delivery. This depression can include anxiety
191191 16 disorders.
192192 17 "Postpartum Post-partum psychosis" means an extreme
193193 18 form of postpartum post-partum depression which can occur
194194 19 during pregnancy and up to 12 months after delivery. This
195195 20 can include losing touch with reality, distorted thinking,
196196 21 delusions, auditory and visual hallucinations, paranoia,
197197 22 hyperactivity and rapid speech, or mania.
198198 23 (c) Except as provided in Section 20b of the Adoption Act
199199 24 and Section 2-32 of the Juvenile Court Act of 1987, in a
200200 25 petition based upon Section 116-3 of the Code of Criminal
201201 26 Procedure of 1963 or subsection (b-5) or (b-10) of this
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212212 1 Section, or in a motion to vacate and expunge convictions
213213 2 under the Cannabis Control Act as provided by subsection (i)
214214 3 of Section 5.2 of the Criminal Identification Act, the
215215 4 petition must be filed not later than 2 years after the entry
216216 5 of the order or judgment. Time during which the person seeking
217217 6 relief is under legal disability or duress or the ground for
218218 7 relief is fraudulently concealed shall be excluded in
219219 8 computing the period of 2 years.
220220 9 (c-5) Any individual may at any time file a petition and
221221 10 institute proceedings under this Section if his or her final
222222 11 order or judgment, which was entered based on a plea of guilty
223223 12 or nolo contendere, has potential consequences under federal
224224 13 immigration law.
225225 14 (d) The filing of a petition under this Section does not
226226 15 affect the order or judgment, or suspend its operation.
227227 16 (e) Unless lack of jurisdiction affirmatively appears from
228228 17 the record proper, the vacation or modification of an order or
229229 18 judgment pursuant to the provisions of this Section does not
230230 19 affect the right, title, or interest in or to any real or
231231 20 personal property of any person, not a party to the original
232232 21 action, acquired for value after the entry of the order or
233233 22 judgment but before the filing of the petition, nor affect any
234234 23 right of any person not a party to the original action under
235235 24 any certificate of sale issued before the filing of the
236236 25 petition, pursuant to a sale based on the order or judgment.
237237 26 When a petition is filed pursuant to this Section to reopen a
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