Public Act 099-0384
Public Act 0384 99TH GENERAL ASSEMBLY
|Public Act 099-0384|
|SB0209 Enrolled||LRB099 03369 RLC 23377 b|
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Unified Code of Corrections is amended by
changing Section 5-5-3.1 as follows:
(730 ILCS 5/5-5-3.1)
(from Ch. 38, par. 1005-5-3.1)
Factors in Mitigation.
(a) The following
grounds shall be accorded weight in favor
of withholding or
minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused
threatened serious physical harm to another.
(2) The defendant did not contemplate that his criminal
cause or threaten serious physical harm to
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or
the defendant's criminal conduct, though failing
to establish a
(5) The defendant's criminal conduct was induced or
by someone other than the defendant.
(6) The defendant has compensated or will compensate
of his criminal conduct for the damage or injury
that he sustained.
(7) The defendant has no history of prior delinquency
criminal activity or has led a law-abiding life for a
period of time before the commission of the
(8) The defendant's criminal conduct was the result of
circumstances unlikely to recur.
(9) The character and attitudes of the defendant
indicate that he is
unlikely to commit another crime.
(10) The defendant is particularly likely to comply
with the terms of
a period of probation.
(11) The imprisonment of the defendant would entail
hardship to his dependents.
(12) The imprisonment of the defendant would endanger
his or her medical
(13) The defendant was intellectually disabled as
defined in Section 5-1-13 of
(14) The defendant sought or obtained emergency
medical assistance for an overdose and was convicted of a
Class 3 felony or higher possession, manufacture, or
delivery of a controlled, counterfeit, or look-alike
substance or a controlled substance analog under the
Illinois Controlled Substances Act or a Class 2 felony or
higher possession, manufacture or delivery of
methamphetamine under the Methamphetamine Control and
Community Protection Act.
(15) 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. As used in this paragraph
(15), "domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
(b) If the court, having due regard for the character of
offender, the nature and circumstances of the offense and
public interest finds that a sentence of imprisonment is
most appropriate disposition of the offender, or where
provisions of this Code mandate the imprisonment of the
the grounds listed in paragraph (a) of this
subsection shall be
considered as factors in mitigation of the
(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
The Code of Civil Procedure is amended by
changing Section 2-1401 as follows:
(735 ILCS 5/2-1401)
(from Ch. 110, par. 2-1401)
Relief from judgments.
(a) Relief from final orders and judgments, after 30 days
entry thereof, may be had upon petition as provided in
Writs of error coram nobis and coram vobis, bills
of review and bills
in the nature of bills of review are
abolished. All relief heretofore
obtainable and the grounds for
such relief heretofore available,
whether by any of the
foregoing remedies or otherwise, shall be
available in every
case, by proceedings hereunder, regardless of the
nature of the
order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in
of the Illinois Parentage Act of 1984, there shall be
between actions and other proceedings,
statutory or otherwise, as to
availability of relief, grounds
for relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
order or judgment was entered but is not a
continuation thereof. The
petition must be supported by
affidavit or other appropriate showing as
to matters not of
record. All parties to the petition shall be notified
provided by rule.
(b-5) A movant may present a meritorious claim under this
Section 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.
Nothing in this subsection (b-5) shall prevent a movant
from applying for any other relief under this Section or any
other law otherwise available to him or her.
As used in this subsection (b-5):
"Domestic violence" means abuse as defined in Section
of the Illinois Domestic Violence Act of 1986.
"Forcible felony" has the meaning ascribed to the term
Section 2-8 of the Criminal Code of 2012.
"Intimate partner" means a spouse or former spouse,
who have or allegedly have had a child in common,
or persons who
have or have had a dating or engagement
(c) Except as provided in Section 20b of the Adoption Act
2-32 of the Juvenile Court Act of 1987 or in a
upon Section 116-3 of the Code of Criminal
Procedure of 1963, the petition
must be filed not later than 2
years after the entry of the order or judgment.
which the person seeking relief is under legal disability or
duress or the ground for relief is fraudulently concealed shall
in computing the period of 2 years.
(d) The filing of a petition under this Section does not
order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears from
record proper, the vacation or modification of an order or
pursuant to the provisions of this Section does not
affect the right,
title or interest in or to any real or
personal property of any person,
not a party to the original
action, acquired for value after the entry
of the order or
judgment but before the filing of the petition, nor
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
pursuant to a sale based on the order or judgment.
(f) Nothing contained in this Section affects any existing
relief from a void order or judgment, or to employ any
to procure that relief.
(Source: P.A. 95-331, eff. 8-21-07.)
Effective Date: 1/1/2016