Bill Status of SB 209   99th General Assembly

Short Description:  CORRECTIONS-MITIGATING FACTOR

Senate Sponsors
Sen. Kwame Raoul-Toi W. Hutchinson-Ira I. Silverstein-Jacqueline Y. Collins, Terry Link, Daniel Biss-Julie A. Morrison, Melinda Bush, Linda Holmes, Iris Y. Martinez, Dale A. Righter, Michael Connelly, Martin A. Sandoval and Mattie Hunter

House Sponsors
(Rep. Christian L. Mitchell-Kelly M. Cassidy-Patricia R. Bellock, John D. Anthony, Emanuel Chris Welch, Michael J. Zalewski, Rita Mayfield, Carol Ammons, Marcus C. Evans, Jr., William Davis, Mike Smiddy, Elizabeth Hernandez, Stephanie A. Kifowit, Deb Conroy, Daniel J. Burke, Linda Chapa LaVia, Camille Y. Lilly, Litesa E. Wallace and Esther Golar)


Last Action  View All Actions

DateChamber Action
  8/17/2015SenatePublic Act . . . . . . . . . 99-0384

Statutes Amended In Order of Appearance
720 ILCS 5/2-5from Ch. 38, par. 2-5

Synopsis As Introduced
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "conviction".

Senate Floor Amendment No. 1
Deletes reference to:
720 ILCS 5/2-5
Adds reference to:
730 ILCS 5/5-5-3.1from Ch. 38, par. 1005-5-3.1
735 ILCS 5/2-1401from Ch. 110, par. 2-1401

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant is or had been the victim of domestic violence and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. Defines "domestic violence". Amends the Code of Civil Procedure. Provides that a movant may present a meritorious claim for relief from a final order or judgment 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 him or her previously having been a victim of domestic violence as perpetrated by an intimate partner; (3) no evidence of domestic violence against the movant was presented at the movant's sentencing hearing; (4)the movant was unaware of the mitigating nature of the evidence of the domestic violence at the time of sentencing and could not have learned of its significance sooner through diligence; and (5) the new evidence of domestic violence against the movant is material and noncumulative to other evidence offered at the sentencing hearing, and is of such a conclusive character that it would likely change the sentence imposed by the original trial court. Defines "domestic violence", "forcible felony", and "intimate partner".

Actions 
DateChamber Action
  1/28/2015SenateFiled with Secretary by Sen. John J. Cullerton
  1/28/2015SenateFirst Reading
  1/28/2015SenateReferred to Assignments
  3/18/2015SenateAssigned to Executive
  3/26/2015SenateDo Pass Executive; 016-000-000
  3/26/2015SenatePlaced on Calendar Order of 2nd Reading April 14, 2015
  4/15/2015SenateSecond Reading
  4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015
  4/23/2015SenateChief Sponsor Changed to Sen. Toi W. Hutchinson
  4/23/2015SenateChief Sponsor Changed to Sen. Kwame Raoul
  4/23/2015SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson
  4/24/2015SenateRule 2-10 Committee/3rd Reading Deadline Established As May 15, 2015
  4/27/2015SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  4/27/2015SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/28/2015SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/29/2015SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000
  4/29/2015SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  4/30/2015SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/30/2015SenateAdded as Co-Sponsor Sen. Terry Link
  4/30/2015SenateAdded as Co-Sponsor Sen. Daniel Biss
  4/30/2015SenateAdded as Chief Co-Sponsor Sen. Julie A. Morrison
  4/30/2015SenateAdded as Co-Sponsor Sen. Melinda Bush
  4/30/2015SenateAdded as Co-Sponsor Sen. Linda Holmes
  4/30/2015SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  4/30/2015SenateRecalled to Second Reading
  4/30/2015SenateSenate Floor Amendment No. 1 Adopted; Raoul
  4/30/2015SenatePlaced on Calendar Order of 3rd Reading
  4/30/2015SenateAdded as Co-Sponsor Sen. Dale A. Righter
  4/30/2015SenateAdded as Co-Sponsor Sen. Michael Connelly
  4/30/2015SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  4/30/2015SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/30/2015SenateThird Reading - Passed; 051-000-000
  4/30/2015HouseArrived in House
  4/30/2015HouseChief House Sponsor Rep. Christian L. Mitchell
  4/30/2015HouseFirst Reading
  4/30/2015HouseReferred to Rules Committee
  5/5/2015HouseAdded Alternate Co-Sponsor Rep. John D. Anthony
  5/6/2015HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/7/2015HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/7/2015HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/7/2015HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/11/2015HouseFinal Action Deadline Extended-9(b) May 22, 2015
  5/11/2015HouseAssigned to Judiciary - Criminal Committee
  5/13/2015HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  5/14/2015HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/14/2015HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/18/2015HouseDo Pass / Short Debate Judiciary - Criminal Committee; 014-000-000
  5/19/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2015HouseAdded Alternate Co-Sponsor Rep. Mike Smiddy
  5/19/2015HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/20/2015HouseSecond Reading - Short Debate
  5/20/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2015HouseAdded Alternate Co-Sponsor Rep. Stephanie A. Kifowit
  5/20/2015HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/20/2015HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/20/2015HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/22/2015HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/25/2015HouseThird Reading - Short Debate - Passed 106-000-000
  5/25/2015HouseAdded Alternate Co-Sponsor Rep. Litesa E. Wallace
  5/25/2015HouseAdded Alternate Co-Sponsor Rep. Esther Golar
  5/25/2015HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock
  5/25/2015SenatePassed Both Houses
  6/23/2015SenateSent to the Governor
  8/17/2015SenateGovernor Approved
  8/17/2015SenateEffective Date January 1, 2016
  8/17/2015SenatePublic Act . . . . . . . . . 99-0384

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