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IL HB5646

Bill

Status

Failed

1/7/2025

Primary Sponsor

Kelly Cassidy

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules4/19/2024
Judiciary - Criminal2/28/2024
Rules2/9/2024

Full Bill Text

No bill text available