Bill Status of HB 1764   100th General Assembly

Short Description:  MITIGATION-POST-PARTUM DEPRESS

House Sponsors
Rep. Linda Chapa LaVia-Jehan Gordon-Booth-Robyn Gabel-Melissa Conyears-Ervin

Senate Sponsors
(Sen. Toi W. Hutchinson-Mattie Hunter-Cristina Castro-Patricia Van Pelt-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/8/2018HousePublic Act . . . . . . . . . 100-0574

Statutes Amended In Order of Appearance
730 ILCS 5/5-5-3.1from Ch. 38, par. 1005-5-3.1
735 ILCS 5/2-1401from Ch. 110, par. 2-1401

Synopsis As Introduced
Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has, after sentencing, been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial or sentencing, or both. Amends the Code of Civil Procedure concerning relief from final orders and judgments, after 30 days from the entry of the judgment. Provides that a meritorious claim may be made for that relief 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 a direct result of the movant's mental state either suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) the movant 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 post-partum depression or post-partum psychosis or at the time of trial or sentencing neither was a recognized mental illness and as such unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the movant 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. Defines "post-partum depression" and "post-partum psychosis".

House Committee Amendment No. 2
Deletes reference to:
735 ILCS 5/2-1401
Adds reference to:
725 ILCS 5/122-1from Ch. 38, par. 122-1

Replaces everything after the enacting clause. Reinserts the provisions of the bill. Amends the Code of Criminal Procedure of 1963. Removes the language from the relief from judgments provisions of the Code of Civil Procedure and places the language in the Post-Conviction Hearing Article of the Code. In the amendatory changes to the Unified Code of Corrections, deletes provision in the new mitigating factor that the diagnosis that the defendant has suffered from post-partum depression or post-partum psychosis, or both, must be made after sentencing. Deletes provision that the diagnosis or testimony, or both, was not used at sentencing.

Actions 
DateChamber Action
  2/1/2017HouseFiled with the Clerk by Rep. Linda Chapa LaVia
  2/2/2017HouseFirst Reading
  2/2/2017HouseReferred to Rules Committee
  2/14/2017HouseAssigned to Judiciary - Criminal Committee
  2/24/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Linda Chapa LaVia
  2/24/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/24/2017HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Linda Chapa LaVia
  3/24/2017HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/27/2017HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/28/2017HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/28/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000
  3/28/2017HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/29/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/4/2017HouseSecond Reading - Short Debate
  4/4/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/5/2017HouseThird Reading - Short Debate - Passed 113-000-000
  4/5/2017HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  4/5/2017HouseAdded Chief Co-Sponsor Rep. Melissa Conyears-Ervin
  4/5/2017HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  4/5/2017SenateArrive in Senate
  4/5/2017SenatePlaced on Calendar Order of First Reading April 6, 2017
  4/5/2017SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  4/5/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  4/6/2017SenateFirst Reading
  4/6/2017SenateReferred to Assignments
  4/25/2017SenateAssigned to Criminal Law
  5/3/2017SenatePostponed - Criminal Law
  5/9/2017SenatePostponed - Criminal Law
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/19/2017SenatePostponed - Criminal Law
  5/19/2017SenateRule 2-10 Committee Deadline Established As May 26, 2017
  5/24/2017SenateDo Pass Criminal Law; 010-000-000
  5/24/2017SenatePlaced on Calendar Order of 2nd Reading May 25, 2017
  5/25/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Cristina Castro
  5/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  8/4/2017SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  11/8/2017SenateApproved for Consideration Assignments
  11/8/2017SenatePlaced on Calendar Order of 2nd Reading November 8, 2017
  11/8/2017SenateSecond Reading
  11/8/2017SenatePlaced on Calendar Order of 3rd Reading November 9, 2017
  11/9/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  11/9/2017SenateThird Reading - Passed; 048-002-000
  11/9/2017HousePassed Both Houses
  12/8/2017HouseSent to the Governor
  1/8/2018HouseGovernor Approved
  1/8/2018HouseEffective Date June 1, 2018
  1/8/2018HousePublic Act . . . . . . . . . 100-0574

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