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Illinois Senate Bill SB3285

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3285 Compare Versions

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1-Public Act 103-0968
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4-AN ACT concerning civil law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Code of Civil Procedure is amended by
8-changing Section 2-1401 as follows:
3+1 AN ACT concerning civil law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Code of Civil Procedure is amended by
7+5 changing Section 2-1401 as follows:
8+6 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
9+7 Sec. 2-1401. Relief from judgments.
10+8 (a) Relief from final orders and judgments, after 30 days
11+9 from the entry thereof, may be had upon petition as provided in
12+10 this Section. Writs of error coram nobis and coram vobis,
13+11 bills of review, and bills in the nature of bills of review are
14+12 abolished. All relief heretofore obtainable and the grounds
15+13 for such relief heretofore available, whether by any of the
16+14 foregoing remedies or otherwise, shall be available in every
17+15 case, by proceedings hereunder, regardless of the nature of
18+16 the order or judgment from which relief is sought or of the
19+17 proceedings in which it was entered. Except as provided in the
20+18 Illinois Parentage Act of 2015, there shall be no distinction
21+19 between actions and other proceedings, statutory or otherwise,
22+20 as to availability of relief, grounds for relief, or the
23+21 relief obtainable.
24+22 (b) The petition must be filed in the same proceeding in
25+23 which the order or judgment was entered but is not a
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34+1 continuation thereof. The petition must be supported by an
35+2 affidavit or other appropriate showing as to matters not of
36+3 record. A petition to reopen a foreclosure proceeding must
37+4 include as parties to the petition, but is not limited to, all
38+5 parties in the original action in addition to the current
39+6 record title holders of the property, current occupants, and
40+7 any individual or entity that had a recorded interest in the
41+8 property before the filing of the petition. All parties to the
42+9 petition shall be notified as provided by rule.
43+10 (b-5) A movant may present a meritorious claim under this
44+11 Section if the allegations in the petition establish each of
45+12 the following by a preponderance of the evidence:
46+13 (1) the movant was convicted of a forcible felony;
47+14 (2) the movant's participation in the offense was
48+15 related to him or her previously having been a victim of
49+16 domestic violence or gender-based violence;
50+17 (3) there is substantial evidence of domestic violence
51+18 or gender-based violence against the movant that was not
52+19 presented at the movant's sentencing hearing;
53+20 (4) (blank); and
54+21 (5) the evidence of domestic violence or gender-based
55+22 violence against the movant is material and noncumulative
56+23 to other evidence offered at the sentencing hearing, or
57+24 previous hearing under this Section filed on or after the
58+25 effective date of this amendatory Act of the 103rd General
59+26 Assembly, and is of such a conclusive character that it
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70+1 would likely change the sentence imposed by the original
71+2 trial court.
72+3 Nothing in this subsection (b-5) shall prevent a movant
73+4 from applying for any other relief under this Section or any
74+5 other law otherwise available to him or her. This subsection
75+6 (b-5) applies to all eligible convictions, including, but not
76+7 limited to, if the judge renders the sentence based on a
77+8 negotiated plea agreement. Relief under this Section allows
78+9 for the modification of the length of sentence without
79+10 affecting the conviction.
80+11 As used in this subsection (b-5):
81+12 "Domestic violence" means abuse as defined in Section
82+13 103 of the Illinois Domestic Violence Act of 1986.
83+14 "Forcible felony" has the meaning ascribed to the term
84+15 in Section 2-8 of the Criminal Code of 2012.
85+16 "Gender-based violence" includes evidence of
86+17 victimization as a trafficking victim, as defined by
87+18 paragraph (10) of subsection (a) of Section 10-9 of the
88+19 Criminal Code of 2012, evidence of victimization under the
89+20 Illinois Domestic Violence Act of 1986, evidence of
90+21 victimization under the Stalking No Contact Order Act, or
91+22 evidence of victimization of any offense under Article 11
92+23 of the Criminal Code of 2012, irrespective of criminal
93+24 prosecution or conviction.
94+25 "Intimate partner" means a spouse or former spouse,
95+26 persons who have or allegedly have had a child in common,
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106+1 or persons who have or have had a dating or engagement
107+2 relationship.
108+3 "Substantial evidence" means evidence that a
109+4 reasonable mind might accept as adequate to support a
110+5 conclusion.
111+6 (b-10) A movant may present a meritorious claim under this
112+7 Section if the allegations in the petition establish each of
113+8 the following by a preponderance of the evidence:
114+9 (A) she was convicted of a forcible felony;
115+10 (B) her participation in the offense was a direct
116+11 result of her suffering from postpartum post-partum
117+12 depression or postpartum post-partum psychosis;
118+13 (C) no evidence of postpartum post-partum depression
119+14 or postpartum post-partum psychosis was presented by a
120+15 qualified medical person at trial or sentencing, or both;
121+16 (D) she was unaware of the mitigating nature of the
122+17 evidence or, if aware, was at the time unable to present
123+18 this defense due to suffering from postpartum post-partum
124+19 depression or postpartum post-partum psychosis, or, at the
125+20 time of trial or sentencing, neither was a recognized
126+21 mental illness and as such, she was unable to receive
127+22 proper treatment; and
128+23 (E) evidence of postpartum post-partum depression or
129+24 postpartum post-partum psychosis as suffered by the person
130+25 is material and noncumulative to other evidence offered at
131+26 the time of trial or sentencing, and it is of such a
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142+1 conclusive character that it would likely change the
143+2 sentence imposed by the original court.
144+3 Nothing in this subsection (b-10) prevents a person from
145+4 applying for any other relief under this Article or any other
146+5 law otherwise available to her. This subsection (b-10) applies
147+6 to all eligible convictions, including, but not limited to, if
148+7 the judge renders the sentence based on a negotiated plea
149+8 agreement. Relief under this Section allows for the
150+9 modification of the length of sentence without affecting the
151+10 conviction.
152+11 As used in this subsection (b-10):
153+12 "Postpartum Post-partum depression" means a mood
154+13 disorder which strikes many women during and after
155+14 pregnancy and usually occurs during pregnancy and up to 12
156+15 months after delivery. This depression can include anxiety
157+16 disorders.
158+17 "Postpartum Post-partum psychosis" means an extreme
159+18 form of postpartum post-partum depression which can occur
160+19 during pregnancy and up to 12 months after delivery. This
161+20 can include losing touch with reality, distorted thinking,
162+21 delusions, auditory and visual hallucinations, paranoia,
163+22 hyperactivity and rapid speech, or mania.
164+23 (c) Except as provided in Section 20b of the Adoption Act
165+24 and Section 2-32 of the Juvenile Court Act of 1987, in a
166+25 petition based upon Section 116-3 of the Code of Criminal
167+26 Procedure of 1963 or subsection (b-5) or (b-10) of this
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178+1 Section, or in a motion to vacate and expunge convictions
179+2 under the Cannabis Control Act as provided by subsection (i)
180+3 of Section 5.2 of the Criminal Identification Act, the
181+4 petition must be filed not later than 2 years after the entry
182+5 of the order or judgment. Time during which the person seeking
183+6 relief is under legal disability or duress or the ground for
184+7 relief is fraudulently concealed shall be excluded in
185+8 computing the period of 2 years.
186+9 (c-5) Any individual may at any time file a petition and
187+10 institute proceedings under this Section if his or her final
188+11 order or judgment, which was entered based on a plea of guilty
189+12 or nolo contendere, has potential consequences under federal
190+13 immigration law.
191+14 (d) The filing of a petition under this Section does not
192+15 affect the order or judgment, or suspend its operation.
193+16 (e) Unless lack of jurisdiction affirmatively appears from
194+17 the record proper, the vacation or modification of an order or
195+18 judgment pursuant to the provisions of this Section does not
196+19 affect the right, title, or interest in or to any real or
197+20 personal property of any person, not a party to the original
198+21 action, acquired for value after the entry of the order or
199+22 judgment but before the filing of the petition, nor affect any
200+23 right of any person not a party to the original action under
201+24 any certificate of sale issued before the filing of the
202+25 petition, pursuant to a sale based on the order or judgment.
203+26 When a petition is filed pursuant to this Section to reopen a
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