Full Text of HB4847 102nd General Assembly
HB4847ham001 102ND GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4847
| 2 | | AMENDMENT NO. ______. Amend House Bill 4847 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 5-2 and 7-11 as follows:
| 6 | | (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
| 7 | | Sec. 5-2. When
accountability exists. A person is legally | 8 | | accountable for the conduct of another when:
| 9 | | (a) having a mental state described by the statute | 10 | | defining the offense,
he or she causes another to perform | 11 | | the conduct, and the other person in fact or
by reason of | 12 | | legal incapacity lacks such a mental state;
| 13 | | (b) the statute defining the offense makes him or her | 14 | | so accountable; or
| 15 | | (c) either before or during the commission of an | 16 | | offense, and with the
intent to promote or facilitate that |
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| 1 | | commission, he or she solicits, aids, abets,
agrees, or | 2 | | attempts to aid that other person in the planning or | 3 | | commission
of the offense. | 4 | | When 2 or more persons engage in a common criminal design | 5 | | or agreement, any acts in the furtherance of that common | 6 | | design committed by one party are considered to be the acts of | 7 | | all parties to the common design or agreement and all are | 8 | | equally responsible for the consequences of those further | 9 | | acts. Mere presence at the scene of a crime does not render a | 10 | | person accountable for an offense; a person's presence at the | 11 | | scene of a crime, however, may be considered with other | 12 | | circumstances by the trier of fact when determining | 13 | | accountability. | 14 | | A person is not so accountable, however, unless the | 15 | | statute
defining the offense provides otherwise, if:
| 16 | | (1) he or she is a victim of the offense committed;
| 17 | | (2) the offense is so defined that his or her conduct | 18 | | was inevitably
incident to its commission; or
| 19 | | (3) before the commission of the offense, he or she | 20 | | terminates his or her effort to
promote or facilitate that | 21 | | commission and does one of the following: (i)
wholly | 22 | | deprives his or her prior efforts of effectiveness in that | 23 | | commission, (ii)
gives timely warning to the proper law | 24 | | enforcement authorities, or (iii)
otherwise makes proper | 25 | | effort to prevent the commission of the offense ; or | 26 | | (4) he or she was subjected to specific and credible |
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| 1 | | coercion, compulsion, or duress, including coercion, | 2 | | compulsion, or duress related to domestic abuse as defined | 3 | | in Section 103 of the Illinois Domestic Violence Act of | 4 | | 1986 .
| 5 | | (Source: P.A. 96-710, eff. 1-1-10.)
| 6 | | (720 ILCS 5/7-11) (from Ch. 38, par. 7-11)
| 7 | | Sec. 7-11. Compulsion.
| 8 | | (a) A person is not guilty of an offense , other than an | 9 | | offense
punishable with death, by reason of conduct that he or | 10 | | she performs under the
compulsion of threat or menace of the | 11 | | imminent infliction of death or great
bodily harm, if he or she | 12 | | reasonably believes death or great bodily harm will be
| 13 | | inflicted upon him or her, or upon his or her spouse or child, | 14 | | if he or she does not perform that conduct.
| 15 | | (b) A married woman is not entitled, by reason of the | 16 | | presence of her
husband, to any presumption of compulsion or | 17 | | to any defense of compulsion,
except that stated in subsection | 18 | | (a).
| 19 | | (Source: P.A. 96-710, eff. 1-1-10.)
| 20 | | Section 10. The Code of Civil Procedure is amended by | 21 | | changing Section 2-1401 as follows:
| 22 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 23 | | Sec. 2-1401. Relief from judgments.
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| 1 | | (a) Relief from final orders and judgments, after 30 days | 2 | | from the
entry thereof, may be had upon petition as provided in | 3 | | this Section.
Writs of error coram nobis and coram vobis, | 4 | | bills of review , and bills
in the nature of bills of review are | 5 | | abolished. All relief heretofore
obtainable and the grounds | 6 | | for such relief heretofore available,
whether by any of the | 7 | | foregoing remedies or otherwise, shall be
available in every | 8 | | case, by proceedings hereunder, regardless of the
nature of | 9 | | the order or judgment from which relief is sought or of the
| 10 | | proceedings in which it was entered. Except as provided in the | 11 | | Illinois Parentage Act of 2015, there shall be no distinction
| 12 | | between actions and other proceedings, statutory or otherwise, | 13 | | as to
availability of relief, grounds for relief , or the | 14 | | relief obtainable.
| 15 | | (b) The petition must be filed in the same proceeding in | 16 | | which the
order or judgment was entered but is not a | 17 | | continuation thereof. The
petition must be supported by an | 18 | | affidavit or other appropriate showing as
to matters not of | 19 | | record. A petition to reopen a foreclosure proceeding must | 20 | | include as parties to the petition, but is not limited to, all | 21 | | parties in the original action in addition to the current | 22 | | record title holders of the property, current occupants, and | 23 | | any individual or entity that had a recorded interest in the | 24 | | property before the filing of the petition. All parties to the | 25 | | petition shall be notified
as provided by rule.
| 26 | | (b-5) A movant may present a meritorious claim under this |
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| 1 | | Section if the allegations in the petition establish each of | 2 | | the following by a preponderance of the evidence: | 3 | | (1) the movant was convicted of a forcible felony; | 4 | | (2) the movant's participation in the offense was | 5 | | related to experiencing or the effects of domestic | 6 | | violence as perpetrated by an intimate partner or | 7 | | gender-based violence him or her previously having been a | 8 | | victim of domestic violence as perpetrated by an intimate | 9 | | partner; | 10 | | (3) no substantial evidence or incomplete evidence of | 11 | | domestic violence or gender-based violence against the | 12 | | movant was presented at the movant's sentencing hearing; | 13 | | (4) (blank) the movant was unaware of the mitigating | 14 | | nature of the evidence of the domestic violence at the | 15 | | time of sentencing and could not have learned of its | 16 | | significance sooner through diligence ; and | 17 | | (5) the new evidence of domestic violence or | 18 | | gender-based violence against the movant is material and | 19 | | noncumulative to other evidence offered at the sentencing | 20 | | hearing or previous hearing under this Section , and is of | 21 | | such a conclusive character that it would likely change | 22 | | the sentence imposed by the original trial court. | 23 | | Nothing in this subsection (b-5) shall prevent a movant | 24 | | from applying for any other relief under this Section or any | 25 | | other law otherwise available to him or her. | 26 | | As used in this subsection (b-5): |
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| 1 | | "Domestic violence" means abuse as defined in Section | 2 | | 103
of the Illinois Domestic Violence Act of 1986. | 3 | | "Forcible felony" has the meaning ascribed to the term | 4 | | in
Section 2-8 of the Criminal Code of 2012. | 5 | | "Gender-based violence" means the perpetration of | 6 | | serious harm as defined in Section 10-9 of the Criminal | 7 | | Code of 2012. | 8 | | "Intimate partner" means a spouse or former spouse, | 9 | | persons
who have or allegedly have had a child in common, | 10 | | or persons who
have or have had a dating or engagement | 11 | | relationship. | 12 | | (b-10) A movant may present a meritorious claim under this | 13 | | Section if the allegations in the petition establish each of | 14 | | the 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 | 9 | | applying for any other relief under this Article or any other | 10 | | law 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 | 23 | | and Section
2-32 of the Juvenile Court Act of 1987 , or in a | 24 | | petition based
upon Section 116-3 of the Code of Criminal | 25 | | Procedure of 1963 or subsection (b-5) or (b-10) of this | 26 | | Section, or in a motion to vacate and expunge convictions |
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| 1 | | under the Cannabis Control Act as provided by subsection (i) | 2 | | of Section 5.2 of the Criminal Identification Act, the | 3 | | petition
must be filed not later than 2 years after the entry | 4 | | of the order or judgment.
Time during which the person seeking | 5 | | relief is under legal disability or
duress or the ground for | 6 | | relief is fraudulently concealed shall be excluded
in | 7 | | computing the period of 2 years.
| 8 | | (c-5) Any individual may at any time file a petition and | 9 | | institute proceedings under this Section , if his or her final | 10 | | order or judgment, which was entered based on a plea of guilty | 11 | | or nolo contendere, has potential consequences under federal | 12 | | immigration law. | 13 | | (d) The filing of a petition under this Section does not | 14 | | affect the
order or judgment, or suspend its operation.
| 15 | | (e) Unless lack of jurisdiction affirmatively appears from | 16 | | the
record proper, the vacation or modification of an order or | 17 | | judgment
pursuant to the provisions of this Section does not | 18 | | affect the right,
title , or interest in or to any real or | 19 | | personal property of any person,
not a party to the original | 20 | | action, acquired for value after the entry
of the order or | 21 | | judgment but before the filing of the petition, nor
affect any | 22 | | right of any person not a party to the original action under
| 23 | | any certificate of sale issued before the filing of the | 24 | | petition,
pursuant to a sale based on the order or judgment. | 25 | | When a petition is filed pursuant to this Section to reopen a | 26 | | foreclosure proceeding, notwithstanding the provisions of |
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| 1 | | Section 15-1701 of this Code, the purchaser or successor | 2 | | purchaser of real property subject to a foreclosure sale who | 3 | | was not a party to the mortgage foreclosure proceedings is | 4 | | entitled to remain in possession of the property until the | 5 | | foreclosure action is defeated or the previously foreclosed | 6 | | defendant redeems from the foreclosure sale if the purchaser | 7 | | has been in possession of the property for more than 6 months.
| 8 | | (f) Nothing contained in this Section affects any existing | 9 | | right to
relief from a void order or judgment, or to employ any | 10 | | existing method
to procure that relief.
| 11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; | 12 | | 102-639, eff. 8-27-21; revised 11-24-21.)".
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