IL HB1764

Adds post-partum depression and post-partum psychosis as grounds for post-conviction relief petitions under Article 122 of the Code of Criminal Procedure, requiring proof by preponderance of evidence that the defendant's participation in a forcible felony was a direct result of this mental state.

Requires that no evidence of post-partum depression or post-partum psychosis was presented at trial or sentencing by a qualified medical person, and that the defendant was unaware of or unable to present this defense due to the condition or its lack of recognition at the time of trial.

Requires evidence of post-partum depression or post-partum psychosis to be material and noncumulative to other evidence presented and of conclusive character that it would likely change the sentence imposed.

Defines "post-partum depression" as a mood disorder occurring during pregnancy and up to 12 months after delivery, including anxiety disorders, and "post-partum psychosis" as an extreme form including loss of reality, delusions, hallucinations, paranoia, and mania.

Adds post-partum depression or post-partum psychosis as a mitigating factor in sentencing under Section 5-5-3.1 of the Unified Code of Corrections when undiagnosed or untreated and tending to excuse or justify the criminal conduct.

Removes the one-petition filing limitation for petitions brought under the new post-partum depression and psychosis grounds.