Public Act 099-0384
SB0209 EnrolledLRB099 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:
    Section 5. 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)
    Sec. 5-5-3.1. 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
    nor threatened serious physical harm to another.
        (2) The defendant did not contemplate that his criminal
    conduct would cause or threaten serious physical harm to
        (3) The defendant acted under a strong provocation.
        (4) There were substantial grounds tending to excuse or
    justify the defendant's criminal conduct, though failing
    to establish a defense.
        (5) The defendant's criminal conduct was induced or
    facilitated by someone other than the defendant.
        (6) The defendant has compensated or will compensate
    the victim of his criminal conduct for the damage or injury
    that he sustained.
        (7) The defendant has no history of prior delinquency
    or criminal activity or has led a law-abiding life for a
    substantial period of time before the commission of the
    present crime.
        (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
    excessive hardship to his dependents.
        (12) The imprisonment of the defendant would endanger
    his or her medical condition.
        (13) The defendant was intellectually disabled as
    defined in Section 5-1-13 of this Code.
        (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
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
eff. 8-16-13.)
    Section 10. 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
Section 6 of the Illinois Parentage Act of 1984, 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
affidavit or other appropriate showing as to matters not of
record. 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 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
    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.
        "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
    (c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based 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. 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.
    (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.
    (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. 95-331, eff. 8-21-07.)

Effective Date: 1/1/2016