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IL HB5646
Bill
Status
1/7/2025
Primary Sponsor
Kelly Cassidy
Click for details
AI Summary
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Amends Section 2-1401 of the Code of Civil Procedure to allow post-judgment relief petitions for convictions resulting from negotiated plea agreements involving forcible felonies, domestic violence, or gender-based violence.
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Permits modification of sentence length (without affecting the conviction) when a movant establishes by preponderance of evidence that participation in the offense was related to prior victimization by domestic violence or gender-based violence.
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Extends the same relief provisions to women convicted of forcible felonies whose participation resulted from postpartum depression or postpartum psychosis, where such medical evidence was not presented at trial or sentencing.
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Applies to all eligible convictions regardless of whether the sentence was based on a negotiated plea agreement, allowing relief petitions to be filed at any time for cases involving domestic violence, gender-based violence, or postpartum mental health conditions.
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Defines "gender-based violence" to include human trafficking victimization, domestic violence, stalking, and sexual offenses, regardless of criminal prosecution or conviction.
Legislative Description
DOM VIOLENCE-JUDICIAL RELIEF
Last Action
Session Sine Die
1/7/2025