SB2260 EnrolledLRB103 28985 RLC 55371 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1401 as follows:
 
6    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
7    Sec. 2-1401. Relief from judgments.
8    (a) Relief from final orders and judgments, after 30 days
9from the entry thereof, may be had upon petition as provided in
10this Section. Writs of error coram nobis and coram vobis,
11bills of review, and bills in the nature of bills of review are
12abolished. All relief heretofore obtainable and the grounds
13for such relief heretofore available, whether by any of the
14foregoing remedies or otherwise, shall be available in every
15case, by proceedings hereunder, regardless of the nature of
16the order or judgment from which relief is sought or of the
17proceedings in which it was entered. Except as provided in the
18Illinois Parentage Act of 2015, there shall be no distinction
19between actions and other proceedings, statutory or otherwise,
20as to availability of relief, grounds for relief, or the
21relief obtainable.
22    (b) The petition must be filed in the same proceeding in
23which the order or judgment was entered but is not a

 

 

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1continuation thereof. The petition must be supported by an
2affidavit or other appropriate showing as to matters not of
3record. A petition to reopen a foreclosure proceeding must
4include as parties to the petition, but is not limited to, all
5parties in the original action in addition to the current
6record title holders of the property, current occupants, and
7any individual or entity that had a recorded interest in the
8property before the filing of the petition. All parties to the
9petition shall be notified as provided by rule.
10    (b-5) A movant may present a meritorious claim under this
11Section if the allegations in the petition establish each of
12the following by a preponderance of the evidence:
13        (1) the movant was convicted of a forcible felony;
14        (2) the movant's participation in the offense was
15    related to him or her previously having been a victim of
16    domestic violence or gender-based violence as perpetrated
17    by an intimate partner;
18        (3) there is substantial no evidence of domestic
19    violence or gender-based violence against the movant that
20    was not presented at the movant's sentencing hearing;
21        (4) (blank) the movant was unaware of the mitigating
22    nature of the evidence of the domestic violence at the
23    time of sentencing and could not have learned of its
24    significance sooner through diligence; and
25        (5) the new evidence of domestic violence or
26    gender-based violence against the movant is material and

 

 

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1    noncumulative to other evidence offered at the sentencing
2    hearing, or previous hearing under this Section filed on
3    or after the effective date of this amendatory Act of the
4    103rd General Assembly, and is of such a conclusive
5    character that it would likely change the sentence imposed
6    by the original trial court.
7    Nothing in this subsection (b-5) shall prevent a movant
8from applying for any other relief under this Section or any
9other law otherwise available to him or her.
10    As used in this subsection (b-5):
11        "Domestic violence" means abuse as defined in Section
12    103 of the Illinois Domestic Violence Act of 1986.
13        "Forcible felony" has the meaning ascribed to the term
14    in Section 2-8 of the Criminal Code of 2012.
15        "Gender-based violence" includes evidence of
16    victimization as a trafficking victim, as defined by
17    paragraph (10) of subsection (a) of Section 10-9 of the
18    Criminal Code of 2012, evidence of victimization under the
19    Illinois Domestic Violence Act of 1986, evidence of
20    victimization under the Stalking No Contact Order Act, or
21    evidence of victimization of any offense under Article 11
22    of the Criminal Code of 2012, irrespective of criminal
23    prosecution or conviction.
24        "Intimate partner" means a spouse or former spouse,
25    persons who have or allegedly have had a child in common,
26    or persons who have or have had a dating or engagement

 

 

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1    relationship.
2        "Substantial evidence" means evidence that a
3    reasonable mind might accept as adequate to support a
4    conclusion.
5    (b-10) A movant may present a meritorious claim under this
6Section if the allegations in the petition establish each of
7the following by a preponderance of the evidence:
8        (A) she was convicted of a forcible felony;
9        (B) her participation in the offense was a direct
10    result of her suffering from post-partum depression or
11    post-partum psychosis;
12        (C) no evidence of post-partum depression or
13    post-partum psychosis was presented by a qualified medical
14    person at trial or sentencing, or both;
15        (D) she was unaware of the mitigating nature of the
16    evidence or, if aware, was at the time unable to present
17    this defense due to suffering from post-partum depression
18    or post-partum psychosis, or, at the time of trial or
19    sentencing, neither was a recognized mental illness and as
20    such, she was unable to receive proper treatment; and
21        (E) evidence of post-partum depression or post-partum
22    psychosis as suffered by the person is material and
23    noncumulative to other evidence offered at the time of
24    trial or sentencing, and it is of such a conclusive
25    character that it would likely change the sentence imposed
26    by the original court.

 

 

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1    Nothing in this subsection (b-10) prevents a person from
2applying for any other relief under this Article or any other
3law otherwise available to her.
4    As used in this subsection (b-10):
5        "Post-partum depression" means a mood disorder which
6    strikes many women during and after pregnancy and usually
7    occurs during pregnancy and up to 12 months after
8    delivery. This depression can include anxiety disorders.
9        "Post-partum psychosis" means an extreme form of
10    post-partum depression which can occur during pregnancy
11    and up to 12 months after delivery. This can include
12    losing touch with reality, distorted thinking, delusions,
13    auditory and visual hallucinations, paranoia,
14    hyperactivity and rapid speech, or mania.
15    (c) Except as provided in Section 20b of the Adoption Act
16and Section 2-32 of the Juvenile Court Act of 1987, in a
17petition based upon Section 116-3 of the Code of Criminal
18Procedure of 1963 or subsection (b-5) or (b-10) of this
19Section, or in a motion to vacate and expunge convictions
20under the Cannabis Control Act as provided by subsection (i)
21of Section 5.2 of the Criminal Identification Act, the
22petition must be filed not later than 2 years after the entry
23of the order or judgment. Time during which the person seeking
24relief is under legal disability or duress or the ground for
25relief is fraudulently concealed shall be excluded in
26computing the period of 2 years.

 

 

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1    (c-5) Any individual may at any time file a petition and
2institute proceedings under this Section if his or her final
3order or judgment, which was entered based on a plea of guilty
4or nolo contendere, has potential consequences under federal
5immigration law.
6    (d) The filing of a petition under this Section does not
7affect the order or judgment, or suspend its operation.
8    (e) Unless lack of jurisdiction affirmatively appears from
9the record proper, the vacation or modification of an order or
10judgment pursuant to the provisions of this Section does not
11affect the right, title, or interest in or to any real or
12personal property of any person, not a party to the original
13action, acquired for value after the entry of the order or
14judgment but before the filing of the petition, nor affect any
15right of any person not a party to the original action under
16any certificate of sale issued before the filing of the
17petition, pursuant to a sale based on the order or judgment.
18When a petition is filed pursuant to this Section to reopen a
19foreclosure proceeding, notwithstanding the provisions of
20Section 15-1701 of this Code, the purchaser or successor
21purchaser of real property subject to a foreclosure sale who
22was not a party to the mortgage foreclosure proceedings is
23entitled to remain in possession of the property until the
24foreclosure action is defeated or the previously foreclosed
25defendant redeems from the foreclosure sale if the purchaser
26has been in possession of the property for more than 6 months.

 

 

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1    (f) Nothing contained in this Section affects any existing
2right to relief from a void order or judgment, or to employ any
3existing method to procure that relief.
4(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19;
5102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)