Loading chat...
IL SB2260
Bill
Status
7/31/2023
Primary Sponsor
Robert Peters
Click for details
AI Summary
-
Expands grounds for post-conviction relief under Section 2-1401 of the Code of Civil Procedure to include convictions where participation in a forcible felony was related to prior victimization of domestic violence or gender-based violence.
-
Defines "gender-based violence" to include victimization as a trafficking victim, domestic violence, stalking, or offenses under Article 11 of the Criminal Code of 2012, regardless of criminal prosecution or conviction.
-
Requires movants to establish by preponderance of the evidence that substantial evidence of domestic or gender-based violence exists and was not presented at sentencing, and that new evidence is material and would likely change the sentence imposed.
-
Adds relief provision for women convicted of forcible felonies whose participation was a direct result of post-partum depression or post-partum psychosis, allowing petitions if no qualified medical evidence was presented at trial or sentencing.
-
Sets a 2-year filing deadline for petitions under these provisions, excluding time when the person was under legal disability, duress, or when the ground for relief was fraudulently concealed.
Legislative Description
ABUSE, GENDER-BASED VIOLENCE
Last Action
Public Act . . . . . . . . . 103-0403
7/31/2023