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IL SB1627
Bill
Status
8/16/2019
Primary Sponsor
Toi Hutchinson
Click for details
AI Summary
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Removed post-partum depression and post-partum psychosis as grounds for post-conviction relief under the Criminal Procedure Act (Section 122-1(a)(3) struck).
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Added post-partum depression and post-partum psychosis as grounds for relief from sentences in civil proceedings under the Code of Civil Procedure (Section 2-1401(b-10) added), allowing women convicted of forcible felonies to seek sentence modification if their offense participation resulted from post-partum mental illness.
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Established five conditions for post-partum relief claims: conviction of forcible felony, participation caused by post-partum depression or psychosis, no medical evidence presented at trial or sentencing, unawareness of mitigating nature of evidence, and evidence being material and conclusive enough to likely change sentence.
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Added domestic violence as a separate ground for sentence modification under civil procedure (Section 2-1401(b-5)), allowing relief when conviction participation relates to prior intimate partner abuse.
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Extended filing deadline for post-partum depression/psychosis claims to exclude the standard 2-year limitation period for civil relief from judgments.
Legislative Description
CRIM PRO-POST PARTUM
Last Action
Public Act . . . . . . . . . 101-0411
8/16/2019