Illinois General Assembly - Full Text of SB2191
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Full Text of SB2191  97th General Assembly


Sen. Toi W. Hutchinson

Filed: 3/15/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2191 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1401 as follows:
6    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
7    Sec. 2-1401. Relief from judgments.
8    (a) Relief from final orders and judgments, after 30 days
9from the entry thereof, may be had upon petition as provided in
10this Section. Writs of error coram nobis and coram vobis, bills
11of review and bills in the nature of bills of review are
12abolished. All relief heretofore obtainable and the grounds for
13such relief heretofore available, whether by any of the
14foregoing remedies or otherwise, shall be available in every
15case, by proceedings hereunder, regardless of the nature of the
16order or judgment from which relief is sought or of the



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1proceedings in which it was entered. Except as provided in
2Section 6 of the Illinois Parentage Act of 1984, there shall be
3no distinction between actions and other proceedings,
4statutory or otherwise, as to availability of relief, grounds
5for relief or the relief obtainable.
6    (b) The petition must be filed in the same proceeding in
7which the order or judgment was entered but is not a
8continuation thereof. The petition must be supported by
9affidavit or other appropriate showing as to matters not of
10record. All parties to the petition shall be notified as
11provided by rule.
12    (c) Except as provided in Section 20b of the Adoption Act
13and Section 2-32 of the Juvenile Court Act of 1987 or in a
14petition based upon Section 116-3 of the Code of Criminal
15Procedure of 1963, the petition must be filed not later than 2
16years after the entry of the order or judgment. Time during
17which the person seeking relief is under legal disability or
18duress or the ground for relief is fraudulently concealed shall
19be excluded in computing the period of 2 years.
20    (d) The filing of a petition under this Section does not
21affect the order or judgment, or suspend its operation.
22    (e) Unless lack of jurisdiction affirmatively appears from
23the record proper, the vacation or modification of an order or
24judgment pursuant to the provisions of this Section does not
25affect the right, title or interest in or to any real or
26personal property of any person, not a party to the original



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1action, acquired for value after the entry of the order or
2judgment but before the filing of the petition, nor affect any
3right of any person not a party to the original action under
4any certificate of sale issued before the filing of the
5petition, pursuant to a sale based on the order or judgment.
6    (f) Nothing contained in this Section affects any existing
7right to relief from a void order or judgment, or to employ any
8existing method to procure that relief.
9    (g) A petition under this Section may be filed at any time
10after the entry of judgment, if the judgment is a conviction
11where the arresting charge was under Section 11-14
12(prostitution) or Section 11-14.2 (first offender; felony
13prostitution) of the Criminal Code of 1961 or a similar local
14ordinance and the defendant's participation in the offense was
15a result of having been a "trafficking victim" under Section
1610-9 (involuntary servitude, involuntary sexual servitude of a
17minor, or trafficking in persons for forced labor or services)
18of the Criminal Code of 1961 or a "victim of a severe form of
19trafficking" under the federal Trafficking Victims Protection
20Act (U.S.C., Title 22, Chapter 78, Section 7102 (13)), provided
22        (1) A petition under this subsection (g) shall be made
23    with due diligence, after the defendant has ceased to be a
24    victim of such trafficking or has sought services for
25    victims of such trafficking, subject to reasonable
26    concerns for the safety of the defendant, family members of



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1    the defendant, or other victims of such trafficking that
2    may be jeopardized by the bringing of such motion, or for
3    other reasons consistent with the purpose of this
4    subsection (g).
5        (2) A petition under this subsection (g) must be
6    supported by an affidavit or other appropriate showing as
7    to matters not of record. All parties to the petition shall
8    be notified as provided by rule.
9        (3) Official documentation of the defendant's status
10    as a "trafficking victim" or a "victim of a severe form of
11    trafficking" from a federal, state, or local government
12    agency shall create a presumption that the defendant's
13    participation in the offense was a result of having been a
14    "trafficking victim" or a "victim of a severe form of
15    trafficking", but shall not be required for granting a
16    petition under this subsection (g).
17        (4) "Official documentation" includes, but is not
18    limited to, a police report, court record, or affidavit
19    generated from a federal, state, or local government
20    agency.
21        (5) To be entitled to relief under this subsection (g),
22    the petition must affirmatively set forth specific factual
23    allegations supporting each of the following elements: (i)
24    the existence of a meritorious defense or claim; (ii) due
25    diligence in presenting this defense or claim; and (iii)
26    due diligence in filing the petition for relief.



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1    If the court grants a petition under this subsection (g),
2it must vacate the judgment and dismiss the accusatory
3instrument, and may take such additional action as is
4appropriate in the circumstances.
5(Source: P.A. 95-331, eff. 8-21-07.)".