Rep. Kelly M. Cassidy

Filed: 4/21/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2260

2    AMENDMENT NO. ______. Amend Senate Bill 2260 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1proceedings in which it was entered. Except as provided in the
2Illinois Parentage Act of 2015, there shall be no distinction
3between actions and other proceedings, statutory or otherwise,
4as to availability of relief, grounds for relief, or the
5relief obtainable.
6    (b) The petition must be filed in the same proceeding in
7which the order or judgment was entered but is not a
8continuation thereof. The petition must be supported by an
9affidavit or other appropriate showing as to matters not of
10record. A petition to reopen a foreclosure proceeding must
11include as parties to the petition, but is not limited to, all
12parties in the original action in addition to the current
13record title holders of the property, current occupants, and
14any individual or entity that had a recorded interest in the
15property before the filing of the petition. All parties to the
16petition shall be notified as provided by rule.
17    (b-5) A movant may present a meritorious claim under this
18Section if the allegations in the petition establish each of
19the following by a preponderance of the evidence:
20        (1) the movant was convicted of a forcible felony;
21        (2) the movant's participation in the offense was
22    related to him or her previously having been a victim of
23    domestic violence or gender-based violence as perpetrated
24    by an intimate partner;
25        (3) there is substantial no evidence of domestic
26    violence or gender-based violence against the movant that

 

 

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1    was not presented at the movant's sentencing hearing;
2        (4) (blank) the movant was unaware of the mitigating
3    nature of the evidence of the domestic violence at the
4    time of sentencing and could not have learned of its
5    significance sooner through diligence; and
6        (5) the new evidence of domestic violence or
7    gender-based violence against the movant is material and
8    noncumulative to other evidence offered at the sentencing
9    hearing, or previous hearing under this Section filed on
10    or after the effective date of this amendatory Act of the
11    103rd General Assembly, and is of such a conclusive
12    character that it would likely change the sentence imposed
13    by the original trial court.
14    Nothing in this subsection (b-5) shall prevent a movant
15from applying for any other relief under this Section or any
16other law otherwise available to him or her.
17    As used in this subsection (b-5):
18        "Domestic violence" means abuse as defined in Section
19    103 of the Illinois Domestic Violence Act of 1986.
20        "Forcible felony" has the meaning ascribed to the term
21    in Section 2-8 of the Criminal Code of 2012.
22        "Gender-based violence" includes evidence of
23    victimization as a trafficking victim, as defined by
24    paragraph (10) of subsection (a) of Section 10-9 of the
25    Criminal Code of 2012, evidence of victimization under the
26    Illinois Domestic Violence Act of 1986, evidence of

 

 

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1    victimization under the Stalking No Contact Order Act, or
2    evidence of victimization of any offense under Article 11
3    of the Criminal Code of 2012, irrespective of criminal
4    prosecution or conviction.
5        "Intimate partner" means a spouse or former spouse,
6    persons who have or allegedly have had a child in common,
7    or persons who have or have had a dating or engagement
8    relationship.
9        "Substantial evidence" means evidence that a
10    reasonable mind might accept as adequate to support a
11    conclusion.
12    (b-10) A movant may present a meritorious claim under this
13Section if the allegations in the petition establish each of
14the following by a preponderance of the evidence:
15        (A) she was convicted of a forcible felony;
16        (B) her participation in the offense was a direct
17    result of her suffering from post-partum depression or
18    post-partum psychosis;
19        (C) no evidence of post-partum depression or
20    post-partum psychosis was presented by a qualified medical
21    person at trial or sentencing, or both;
22        (D) she was unaware of the mitigating nature of the
23    evidence or, if aware, was at the time unable to present
24    this defense due to suffering from post-partum depression
25    or post-partum psychosis, or, at the time of trial or
26    sentencing, neither was a recognized mental illness and as

 

 

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1    such, she was unable to receive proper treatment; and
2        (E) evidence of post-partum depression or post-partum
3    psychosis as suffered by the person is material and
4    noncumulative to other evidence offered at the time of
5    trial or sentencing, and it is of such a conclusive
6    character that it would likely change the sentence imposed
7    by the original court.
8    Nothing in this subsection (b-10) prevents a person from
9applying for any other relief under this Article or any other
10law otherwise available to her.
11    As used in this subsection (b-10):
12        "Post-partum depression" means a mood disorder which
13    strikes many women during and after pregnancy and usually
14    occurs during pregnancy and up to 12 months after
15    delivery. This depression can include anxiety disorders.
16        "Post-partum psychosis" means an extreme form of
17    post-partum depression which can occur during pregnancy
18    and up to 12 months after delivery. This can include
19    losing touch with reality, distorted thinking, delusions,
20    auditory and visual hallucinations, paranoia,
21    hyperactivity and rapid speech, or mania.
22    (c) Except as provided in Section 20b of the Adoption Act
23and Section 2-32 of the Juvenile Court Act of 1987, in a
24petition based upon Section 116-3 of the Code of Criminal
25Procedure of 1963 or subsection (b-5) or (b-10) of this
26Section, or in a motion to vacate and expunge convictions

 

 

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1under the Cannabis Control Act as provided by subsection (i)
2of Section 5.2 of the Criminal Identification Act, the
3petition must be filed not later than 2 years after the entry
4of the order or judgment. Time during which the person seeking
5relief is under legal disability or duress or the ground for
6relief is fraudulently concealed shall be excluded in
7computing the period of 2 years.
8    (c-5) Any individual may at any time file a petition and
9institute proceedings under this Section if his or her final
10order or judgment, which was entered based on a plea of guilty
11or nolo contendere, has potential consequences under federal
12immigration law.
13    (d) The filing of a petition under this Section does not
14affect the order or judgment, or suspend its operation.
15    (e) Unless lack of jurisdiction affirmatively appears from
16the record proper, the vacation or modification of an order or
17judgment pursuant to the provisions of this Section does not
18affect the right, title, or interest in or to any real or
19personal property of any person, not a party to the original
20action, acquired for value after the entry of the order or
21judgment but before the filing of the petition, nor affect any
22right of any person not a party to the original action under
23any certificate of sale issued before the filing of the
24petition, pursuant to a sale based on the order or judgment.
25When a petition is filed pursuant to this Section to reopen a
26foreclosure proceeding, notwithstanding the provisions of

 

 

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1Section 15-1701 of this Code, the purchaser or successor
2purchaser of real property subject to a foreclosure sale who
3was not a party to the mortgage foreclosure proceedings is
4entitled to remain in possession of the property until the
5foreclosure action is defeated or the previously foreclosed
6defendant redeems from the foreclosure sale if the purchaser
7has been in possession of the property for more than 6 months.
8    (f) Nothing contained in this Section affects any existing
9right to relief from a void order or judgment, or to employ any
10existing method to procure that relief.
11(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19;
12102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)".