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IL SB1627

Bill

Status

Passed

8/16/2019

Primary Sponsor

Toi Hutchinson

Click for details

Origin

Senate

101st General Assembly

AI Summary

  • 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).

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary - Criminal4/9/2019
Rules4/3/2019
Criminal Law2/27/2019
Assignments2/15/2019

Full Bill Text

No bill text available