Public Act 103-0403
 
SB2260 EnrolledLRB103 28985 RLC 55371 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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)
    Sec. 2-1401. Relief from judgments.
    (a) Relief from final orders and judgments, after 30 days
from the entry thereof, may be had upon petition as provided in
this Section. 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 the
Illinois Parentage Act of 2015, there shall be no distinction
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
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by an
affidavit or other appropriate showing as to matters not of
record. A petition to reopen a foreclosure proceeding must
include as parties to the petition, but is not limited to, all
parties in the original action in addition to the current
record title holders of the property, current occupants, and
any individual or entity that had a recorded interest in the
property before the filing of the petition. All parties to the
petition shall be notified as 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 or gender-based violence as perpetrated
    by an intimate partner;
        (3) there is substantial no evidence of domestic
    violence or gender-based violence against the movant that
    was not presented at the movant's sentencing hearing;
        (4) (blank) 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 or
    gender-based violence against the movant is material and
    noncumulative to other evidence offered at the sentencing
    hearing, or previous hearing under this Section filed on
    or after the effective date of this amendatory Act of the
    103rd General Assembly, 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
    103 of the Illinois Domestic Violence Act of 1986.
        "Forcible felony" has the meaning ascribed to the term
    in Section 2-8 of the Criminal Code of 2012.
        "Gender-based violence" includes evidence of
    victimization as a trafficking victim, as defined by
    paragraph (10) of subsection (a) of Section 10-9 of the
    Criminal Code of 2012, evidence of victimization under the
    Illinois Domestic Violence Act of 1986, evidence of
    victimization under the Stalking No Contact Order Act, or
    evidence of victimization of any offense under Article 11
    of the Criminal Code of 2012, irrespective of criminal
    prosecution or conviction.
        "Intimate partner" means a spouse or former spouse,
    persons who have or allegedly have had a child in common,
    or persons who have or have had a dating or engagement
    relationship.
        "Substantial evidence" means evidence that a
    reasonable mind might accept as adequate to support a
    conclusion.
    (b-10) 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:
        (A) she was convicted of a forcible felony;
        (B) her participation in the offense was a direct
    result of her suffering from post-partum depression or
    post-partum psychosis;
        (C) no evidence of post-partum depression or
    post-partum psychosis was presented by a qualified medical
    person at trial or sentencing, or both;
        (D) she was unaware of the mitigating nature of the
    evidence or, if aware, was at the time unable to present
    this defense due to suffering from post-partum depression
    or post-partum psychosis, or, at the time of trial or
    sentencing, neither was a recognized mental illness and as
    such, she was unable to receive proper treatment; and
        (E) evidence of post-partum depression or post-partum
    psychosis as suffered by the person is material and
    noncumulative to other evidence offered at the time of
    trial or sentencing, and it is of such a conclusive
    character that it would likely change the sentence imposed
    by the original court.
    Nothing in this subsection (b-10) prevents a person from
applying for any other relief under this Article or any other
law otherwise available to her.
    As used in this subsection (b-10):
        "Post-partum depression" means a mood disorder which
    strikes many women during and after pregnancy and usually
    occurs during pregnancy and up to 12 months after
    delivery. This depression can include anxiety disorders.
        "Post-partum psychosis" means an extreme form of
    post-partum depression which can occur during pregnancy
    and up to 12 months after delivery. This can include
    losing touch with reality, distorted thinking, delusions,
    auditory and visual hallucinations, paranoia,
    hyperactivity and rapid speech, or mania.
    (c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987, in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963 or subsection (b-5) or (b-10) of this
Section, or in a motion to vacate and expunge convictions
under the Cannabis Control Act as provided by subsection (i)
of Section 5.2 of the Criminal Identification Act, the
petition must be filed not later than 2 years after the entry
of the order or judgment. Time during which the person seeking
relief is under legal disability or duress or the ground for
relief is fraudulently concealed shall be excluded in
computing the period of 2 years.
    (c-5) Any individual may at any time file a petition and
institute proceedings under this Section if his or her final
order or judgment, which was entered based on a plea of guilty
or nolo contendere, has potential consequences under federal
immigration law.
    (d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
    (e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment 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 affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
When a petition is filed pursuant to this Section to reopen a
foreclosure proceeding, notwithstanding the provisions of
Section 15-1701 of this Code, the purchaser or successor
purchaser of real property subject to a foreclosure sale who
was not a party to the mortgage foreclosure proceedings is
entitled to remain in possession of the property until the
foreclosure action is defeated or the previously foreclosed
defendant redeems from the foreclosure sale if the purchaser
has been in possession of the property for more than 6 months.
    (f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19;
102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)

Effective Date: 1/1/2024