Bill Status of SB 2260   103rd General Assembly

Short Description:  ABUSE, GENDER-BASED VIOLENCE

Senate Sponsors
Sen. Robert Peters, Rachel Ventura, Willie Preston, Mike Simmons, Celina Villanueva, Karina Villa, Cristina Castro, Doris Turner, Mary Edly-Allen, Adriane Johnson and Javier L. Cervantes-Cristina H. Pacione-Zayas

House Sponsors
(Rep. Kelly M. Cassidy-Barbara Hernandez-Will Guzzardi-Aaron M. Ortiz, Norma Hernandez, Kam Buckner, Abdelnasser Rashid, Michelle Mussman, Joyce Mason, Mark L. Walker, Rita Mayfield, Jonathan Carroll, Theresa Mah, Jaime M. Andrade, Jr., Dagmara Avelar, Daniel Didech, Sonya M. Harper, Lilian Jiménez, Anne Stava-Murray, Hoan Huynh, Maurice A. West, II, Kevin John Olickal, Matt Hanson and Sharon Chung)


Last Action  View All Actions

DateChamber Action
  7/31/2023SenatePublic Act . . . . . . . . . 103-0403

Statutes Amended In Order of Appearance
720 ILCS 5/5-2from Ch. 38, par. 5-2
720 ILCS 5/7-11from Ch. 38, par. 7-11
735 ILCS 5/2-1401from Ch. 110, par. 2-1401

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a person is not legally accountable for the conduct of another, unless the statute defining the offense provides otherwise, if he or she was subjected to specified and credible coercion, compulsion, or duress related to domestic abuse as defined in the Illinois Domestic Violence Act of 1986. Provides that a person is not guilty of an offense (deletes other than an offense punishable by death) by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. Amends the Code of Civil Procedure. Includes in the relief from judgment provisions 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 experiencing or the effects of gender-based violence; (3) no substantial evidence or incomplete evidence of gender-based violence against the movant was presented at the movant's sentencing hearing; and (4) the evidence of gender-based violence against the movant is material and noncumulative to other evidence offered at the sentencing hearing, or previous hearing filed on or after the effective date of the amendatory Act, and is of such a conclusive character that it would likely change the sentence imposed by the original trial court. Defines "gender-based violence".

Senate Committee Amendment No. 2
Deletes reference to:
720 ILCS 5/5-2
720 ILCS 5/7-11

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but deletes the amendatory changes to the Criminal Code of 2012. Also, provides that 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 (rather than related to experiencing or the effects of domestic violence or gender-based violence).

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Provides that a movant may present a meritorious claim if the allegations in the petition establish by a preponderance of the evidence that there is substantial evidence of domestic violence or gender-based violence against the movant that was not presented at the movant's sentencing hearing (rather than that no substantial evidence or incomplete evidence of domestic violence or gender-based violence against the movant was presented at the movant's sentencing hearing). Changes the definition of "gender-based violence". Defines "substantial evidence".

Actions 
DateChamber Action
  2/10/2023SenateFiled with Secretary by Sen. Robert Peters
  2/10/2023SenateFirst Reading
  2/10/2023SenateReferred to Assignments
  2/28/2023SenateAssigned to Special Committee on Criminal Law and Public Safety
  3/1/2023SenateAdded as Co-Sponsor Sen. Rachel Ventura
  3/7/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
  3/7/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/8/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Special Committee on Criminal Law and Public Safety
  3/8/2023SenateAdded as Co-Sponsor Sen. Willie Preston
  3/8/2023SenateAdded as Co-Sponsor Sen. Mike Simmons
  3/8/2023SenateAdded as Co-Sponsor Sen. Celina Villanueva
  3/10/2023SenateRule 2-10 Committee Deadline Established As March 24, 2023
  3/17/2023SenateAdded as Co-Sponsor Sen. Karina Villa
  3/20/2023SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters
  3/20/2023SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/21/2023SenateSenate Committee Amendment No. 2 Assignments Refers to Special Committee on Criminal Law and Public Safety
  3/21/2023SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/22/2023SenateAdded as Co-Sponsor Sen. Doris Turner
  3/22/2023SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  3/22/2023SenateSenate Committee Amendment No. 2 Adopted; Senate Special Committee on Criminal Law and Public Safety
  3/23/2023SenateSenate Committee Amendment No. 1 Postponed - Special Committee on Criminal Law and Public Safety
  3/23/2023SenateDo Pass as Amended Special Committee on Criminal Law and Public Safety; 010-000-000
  3/23/2023SenatePlaced on Calendar Order of 2nd Reading March 24, 2023
  3/23/2023SenateAdded as Co-Sponsor Sen. Adriane Johnson
  3/23/2023SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
  3/24/2023SenateSecond Reading
  3/24/2023SenatePlaced on Calendar Order of 3rd Reading March 28, 2023
  3/28/2023SenateAdded as Chief Co-Sponsor Sen. Cristina H. Pacione-Zayas
  3/28/2023SenateThird Reading - Passed; 041-002-000
  3/28/2023SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/28/2023HouseArrived in House
  3/28/2023HouseChief House Sponsor Rep. Kelly M. Cassidy
  3/29/2023HouseFirst Reading
  3/29/2023HouseReferred to Rules Committee
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Norma Hernandez
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Kam Buckner
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Abdelnasser Rashid
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  3/30/2023HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Hernandez
  3/30/2023HouseAdded Alternate Chief Co-Sponsor Rep. Will Guzzardi
  3/30/2023HouseAlternate Co-Sponsor Removed Rep. Will Guzzardi
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Dagmara Avelar
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Daniel Didech
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Lilian Jiménez
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Anne Stava-Murray
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Hoan Huynh
  3/31/2023HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II
  4/5/2023HouseAdded Alternate Co-Sponsor Rep. Kevin John Olickal
  4/10/2023HouseAdded Alternate Co-Sponsor Rep. Matt Hanson
  4/11/2023HouseAssigned to Judiciary - Criminal Committee
  4/19/2023HouseAdded Alternate Chief Co-Sponsor Rep. Aaron M. Ortiz
  4/21/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  4/21/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/25/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/25/2023HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/25/2023HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000
  4/26/2023HousePlaced on Calendar 2nd Reading - Short Debate
  5/3/2023HouseSecond Reading - Short Debate
  5/3/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/11/2023HouseThird Reading - Short Debate - Passed 105-001-000
  5/11/2023HouseAdded Alternate Co-Sponsor Rep. Sharon Chung
  5/15/2023SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/15/2023SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 16, 2023
  5/16/2023SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Robert Peters
  5/16/2023SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/16/2023SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Special Committee on Criminal Law and Public Safety
  5/17/2023SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Special Committee on Criminal Law and Public Safety; 009-000-000
  5/19/2023SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/19/2023SenateSenate Concurs
  5/19/2023SenatePassed Both Houses
  6/16/2023SenateSent to the Governor
  7/28/2023SenateGovernor Approved
  7/31/2023SenateEffective Date January 1, 2024
  7/31/2023SenatePublic Act . . . . . . . . . 103-0403

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