Illinois General Assembly - Full Text of SB2136
Illinois General Assembly

Previous General Assemblies

Full Text of SB2136  102nd General Assembly


Rep. Mary E. Flowers

Filed: 5/14/2021





10200SB2136ham001LRB102 17328 KMF 26519 a


2    AMENDMENT NO. ______. Amend Senate Bill 2136 on page 53,
3line 2, by deleting "and by adding Section 122-9"; and
4on page 56, by replacing line 17 through line 2 on page 57 with
5the following:
6    "Section 15. The Code of Civil Procedure is amended by
7changing Section 2-1401 as follows:
8    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
9    Sec. 2-1401. Relief from judgments.
10    (a) Relief from final orders and judgments, after 30 days
11from the entry thereof, may be had upon petition as provided in
12this Section. Writs of error coram nobis and coram vobis,
13bills of review and bills in the nature of bills of review are
14abolished. All relief heretofore obtainable and the grounds
15for such relief heretofore available, whether by any of the



10200SB2136ham001- 2 -LRB102 17328 KMF 26519 a

1foregoing remedies or otherwise, shall be available in every
2case, by proceedings hereunder, regardless of the nature of
3the order or judgment from which relief is sought or of the
4proceedings in which it was entered. Except as provided in the
5Illinois Parentage Act of 2015, there shall be no distinction
6between actions and other proceedings, statutory or otherwise,
7as to availability of relief, grounds for relief or the relief
9    (b) The petition must be filed in the same proceeding in
10which the order or judgment was entered but is not a
11continuation thereof. The petition must be supported by
12affidavit or other appropriate showing as to matters not of
13record. A petition to reopen a foreclosure proceeding must
14include as parties to the petition, but is not limited to, all
15parties in the original action in addition to the current
16record title holders of the property, current occupants, and
17any individual or entity that had a recorded interest in the
18property before the filing of the petition. All parties to the
19petition shall be notified as provided by rule.
20    (b-5) A movant may present a meritorious claim under this
21Section if the allegations in the petition establish each of
22the following by a preponderance of the evidence:
23        (1) the movant was convicted of a forcible felony;
24        (2) the movant's participation in the offense was
25    related to him or her previously having been a victim of
26    domestic violence as perpetrated by an intimate partner;



10200SB2136ham001- 3 -LRB102 17328 KMF 26519 a

1        (3) no evidence of domestic violence against the
2    movant was presented at the movant's sentencing hearing;
3        (4) the movant was unaware of the mitigating nature of
4    the evidence of the domestic violence at the time of
5    sentencing and could not have learned of its significance
6    sooner through diligence; and
7        (5) the new evidence of domestic violence against the
8    movant is material and noncumulative to other evidence
9    offered at the sentencing hearing, and is of such a
10    conclusive character that it would likely change the
11    sentence imposed by the original trial court.
12    Nothing in this subsection (b-5) shall prevent a movant
13from applying for any other relief under this Section or any
14other law otherwise available to him or her.
15    As used in this subsection (b-5):
16        "Domestic violence" means abuse as defined in Section
17    103 of the Illinois Domestic Violence Act of 1986.
18        "Forcible felony" has the meaning ascribed to the term
19    in Section 2-8 of the Criminal Code of 2012.
20        "Intimate partner" means a spouse or former spouse,
21    persons who have or allegedly have had a child in common,
22    or persons who have or have had a dating or engagement
23    relationship.
24    (b-10) A movant may present a meritorious claim under this
25Section if the allegations in the petition establish each of
26the following by a preponderance of the evidence:



10200SB2136ham001- 4 -LRB102 17328 KMF 26519 a

1        (A) she was convicted of a forcible felony;
2        (B) her participation in the offense was a direct
3    result of her suffering from post-partum depression or
4    post-partum psychosis;
5        (C) no evidence of post-partum depression or
6    post-partum psychosis was presented by a qualified medical
7    person at trial or sentencing, or both;
8        (D) she was unaware of the mitigating nature of the
9    evidence or, if aware, was at the time unable to present
10    this defense due to suffering from post-partum depression
11    or post-partum psychosis, or, at the time of trial or
12    sentencing, neither was a recognized mental illness and as
13    such, she was unable to receive proper treatment; and
14        (E) evidence of post-partum depression or post-partum
15    psychosis as suffered by the person is material and
16    noncumulative to other evidence offered at the time of
17    trial or sentencing, and it is of such a conclusive
18    character that it would likely change the sentence imposed
19    by the original court.
20    Nothing in this subsection (b-10) prevents a person from
21applying for any other relief under this Article or any other
22law otherwise available to her.
23    As used in this subsection (b-10):
24        "Post-partum depression" means a mood disorder which
25    strikes many women during and after pregnancy and usually
26    occurs during pregnancy and up to 12 months after



10200SB2136ham001- 5 -LRB102 17328 KMF 26519 a

1    delivery. This depression can include anxiety disorders.
2        "Post-partum psychosis" means an extreme form of
3    post-partum depression which can occur during pregnancy
4    and up to 12 months after delivery. This can include
5    losing touch with reality, distorted thinking, delusions,
6    auditory and visual hallucinations, paranoia,
7    hyperactivity and rapid speech, or mania.
8    (c) Except as provided in Section 20b of the Adoption Act
9and Section 2-32 of the Juvenile Court Act of 1987 or in a
10petition based upon Section 116-3 of the Code of Criminal
11Procedure of 1963 or subsection (b-10) of this Section, or in a
12motion to vacate and expunge convictions under the Cannabis
13Control Act as provided by subsection (i) of Section 5.2 of the
14Criminal Identification Act, the petition must be filed not
15later than 2 years after the entry of the order or judgment.
16Time during which the person seeking relief is under legal
17disability or duress or the ground for relief is fraudulently
18concealed shall be excluded in computing the period of 2
20    (c-5) Any individual may at any time file a petition and
21institute proceedings under this Section, if his or her final
22order or judgment, which was entered based on a plea of guilty
23or nolo contendere, has potential consequences under federal
24immigration law.
25    (d) The filing of a petition under this Section does not
26affect the order or judgment, or suspend its operation.



10200SB2136ham001- 6 -LRB102 17328 KMF 26519 a

1    (e) Unless lack of jurisdiction affirmatively appears from
2the record proper, the vacation or modification of an order or
3judgment pursuant to the provisions of this Section does not
4affect the right, title or interest in or to any real or
5personal property of any person, not a party to the original
6action, acquired for value after the entry of the order or
7judgment but before the filing of the petition, nor affect any
8right of any person not a party to the original action under
9any certificate of sale issued before the filing of the
10petition, pursuant to a sale based on the order or judgment.
11When a petition is filed pursuant to this Section to reopen a
12foreclosure proceeding, notwithstanding the provisions of
13Section 15-1701 of this Code, the purchaser or successor
14purchaser of real property subject to a foreclosure sale who
15was not a party to the mortgage foreclosure proceedings is
16entitled to remain in possession of the property until the
17foreclosure action is defeated or the previously foreclosed
18defendant redeems from the foreclosure sale if the purchaser
19has been in possession of the property for more than 6 months.
20    (f) Nothing contained in this Section affects any existing
21right to relief from a void order or judgment, or to employ any
22existing method to procure that relief.
23(Source: P.A. 100-1048, eff. 8-23-18; 101-27, eff. 6-25-19;
24101-411, eff. 8-16-19; revised 9-17-19.)".