SB0209 EngrossedLRB099 03369 RLC 23377 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3.1 as follows:
 
6    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
7    Sec. 5-5-3.1. Factors in Mitigation.
8    (a) The following grounds shall be accorded weight in favor
9of withholding or minimizing a sentence of imprisonment:
10        (1) The defendant's criminal conduct neither caused
11    nor threatened serious physical harm to another.
12        (2) The defendant did not contemplate that his criminal
13    conduct would cause or threaten serious physical harm to
14    another.
15        (3) The defendant acted under a strong provocation.
16        (4) There were substantial grounds tending to excuse or
17    justify the defendant's criminal conduct, though failing
18    to establish a defense.
19        (5) The defendant's criminal conduct was induced or
20    facilitated by someone other than the defendant.
21        (6) The defendant has compensated or will compensate
22    the victim of his criminal conduct for the damage or injury
23    that he sustained.

 

 

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1        (7) The defendant has no history of prior delinquency
2    or criminal activity or has led a law-abiding life for a
3    substantial period of time before the commission of the
4    present crime.
5        (8) The defendant's criminal conduct was the result of
6    circumstances unlikely to recur.
7        (9) The character and attitudes of the defendant
8    indicate that he is unlikely to commit another crime.
9        (10) The defendant is particularly likely to comply
10    with the terms of a period of probation.
11        (11) The imprisonment of the defendant would entail
12    excessive hardship to his dependents.
13        (12) The imprisonment of the defendant would endanger
14    his or her medical condition.
15        (13) The defendant was intellectually disabled as
16    defined in Section 5-1-13 of this Code.
17        (14) The defendant sought or obtained emergency
18    medical assistance for an overdose and was convicted of a
19    Class 3 felony or higher possession, manufacture, or
20    delivery of a controlled, counterfeit, or look-alike
21    substance or a controlled substance analog under the
22    Illinois Controlled Substances Act or a Class 2 felony or
23    higher possession, manufacture or delivery of
24    methamphetamine under the Methamphetamine Control and
25    Community Protection Act.
26        (15) At the time of the offense, the defendant is or

 

 

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1    had been the victim of domestic violence and the effects of
2    the domestic violence tended to excuse or justify the
3    defendant's criminal conduct. As used in this paragraph
4    (15), "domestic violence" means abuse as defined in Section
5    103 of the Illinois Domestic Violence Act of 1986.
6    (b) If the court, having due regard for the character of
7the offender, the nature and circumstances of the offense and
8the public interest finds that a sentence of imprisonment is
9the most appropriate disposition of the offender, or where
10other provisions of this Code mandate the imprisonment of the
11offender, the grounds listed in paragraph (a) of this
12subsection shall be considered as factors in mitigation of the
13term imposed.
14(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
15eff. 8-16-13.)
 
16    Section 10. The Code of Civil Procedure is amended by
17changing Section 2-1401 as follows:
 
18    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
19    Sec. 2-1401. Relief from judgments.
20    (a) Relief from final orders and judgments, after 30 days
21from the entry thereof, may be had upon petition as provided in
22this Section. Writs of error coram nobis and coram vobis, bills
23of review and bills in the nature of bills of review are
24abolished. All relief heretofore obtainable and the grounds for

 

 

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1such relief heretofore available, whether by any of the
2foregoing remedies or otherwise, shall be available in every
3case, by proceedings hereunder, regardless of the nature of the
4order or judgment from which relief is sought or of the
5proceedings in which it was entered. Except as provided in
6Section 6 of the Illinois Parentage Act of 1984, there shall be
7no distinction between actions and other proceedings,
8statutory or otherwise, as to availability of relief, grounds
9for relief or the relief obtainable.
10    (b) The petition must be filed in the same proceeding in
11which the order or judgment was entered but is not a
12continuation thereof. The petition must be supported by
13affidavit or other appropriate showing as to matters not of
14record. All parties to the petition shall be notified as
15provided by rule.
16    (b-5) A movant may present a meritorious claim under this
17Section if the allegations in the petition establish each of
18the following by a preponderance of the evidence:
19        (1) the movant was convicted of a forcible felony;
20        (2) the movant's participation in the offense was
21    related to him or her previously having been a victim of
22    domestic violence as perpetrated by an intimate partner;
23        (3) no evidence of domestic violence against the movant
24    was presented at the movant's sentencing hearing;
25        (4) the movant was unaware of the mitigating nature of
26    the evidence of the domestic violence at the time of

 

 

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1    sentencing and could not have learned of its significance
2    sooner through diligence; and
3        (5) the new evidence of domestic violence against the
4    movant is material and noncumulative to other evidence
5    offered at the sentencing hearing, and is of such a
6    conclusive character that it would likely change the
7    sentence imposed by the original trial court.
8    Nothing in this subsection (b-5) shall prevent a movant
9from applying for any other relief under this Section or any
10other law otherwise available to him or her.
11    As used in this subsection (b-5):
12        "Domestic violence" means abuse as defined in Section
13    103 of the Illinois Domestic Violence Act of 1986.
14        "Forcible felony" has the meaning ascribed to the term
15    in Section 2-8 of the Criminal Code of 2012.
16        "Intimate partner" means a spouse or former spouse,
17    persons who have or allegedly have had a child in common,
18    or persons who have or have had a dating or engagement
19    relationship.
20    (c) Except as provided in Section 20b of the Adoption Act
21and Section 2-32 of the Juvenile Court Act of 1987 or in a
22petition based upon Section 116-3 of the Code of Criminal
23Procedure of 1963, the petition must be filed not later than 2
24years after the entry of the order or judgment. Time during
25which the person seeking relief is under legal disability or
26duress or the ground for relief is fraudulently concealed shall

 

 

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1be excluded in computing the period of 2 years.
2    (d) The filing of a petition under this Section does not
3affect the order or judgment, or suspend its operation.
4    (e) Unless lack of jurisdiction affirmatively appears from
5the record proper, the vacation or modification of an order or
6judgment pursuant to the provisions of this Section does not
7affect the right, title or interest in or to any real or
8personal property of any person, not a party to the original
9action, acquired for value after the entry of the order or
10judgment but before the filing of the petition, nor affect any
11right of any person not a party to the original action under
12any certificate of sale issued before the filing of the
13petition, pursuant to a sale based on the order or judgment.
14    (f) Nothing contained in this Section affects any existing
15right to relief from a void order or judgment, or to employ any
16existing method to procure that relief.
17(Source: P.A. 95-331, eff. 8-21-07.)