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IL HB4847

Bill

Status

Engrossed

3/3/2022

Primary Sponsor

Kelly Cassidy

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

  • Adds duress defense to accomplice liability statute (Section 5-2 of Criminal Code), allowing a person to avoid accountability if subjected to specific and credible coercion, compulsion, duress, or threats, including those related to domestic abuse as defined in the Illinois Domestic Violence Act of 1986.

  • Removes exception for death penalty offenses from the compulsion defense (Section 7-11 of Criminal Code), making the duress defense available for all offenses regardless of severity.

  • Creates new relief mechanism under Code of Civil Procedure Section 2-1401(b-5) allowing persons convicted of forcible felonies to petition for sentence modification if their participation was related to experiencing or effects of gender-based violence and such evidence was not presented at sentencing.

  • Creates additional relief mechanism under Section 2-1401(b-10) for persons convicted of forcible felonies whose participation resulted from post-partum depression or post-partum psychosis, if such evidence was not presented by a qualified medical person at trial or sentencing.

  • Expands eligibility for relief petitions to apply multiple times and allows immigration-related petitions to be filed at any time without the standard 2-year filing deadline.

Legislative Description

CRIM-ACCOUNTABILITY-RELIEF

Last Action

Alternate Chief Sponsor Changed to Sen. Don Harmon

12/31/2022

Committee Referrals

Assignments3/28/2022
Criminal Law3/23/2022
Assignments3/4/2022
Judiciary - Criminal3/2/2022
Rules3/1/2022
Judiciary - Criminal2/9/2022
Rules1/27/2022

Full Bill Text

No bill text available