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IL SB2260

Bill

Status

Passed

7/31/2023

Primary Sponsor

Robert Peters

Click for details

Origin

Senate

103rd General Assembly

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

Committee Referrals

Special Committee on Criminal Law and Public Safety5/16/2023
Assignments5/16/2023
Judiciary - Criminal4/25/2023
Rules4/21/2023
Judiciary - Criminal4/11/2023
Rules3/29/2023
Special Committee on Criminal Law and Public Safety3/21/2023
Assignments3/20/2023
Special Committee on Criminal Law and Public Safety3/8/2023
Assignments3/7/2023
Special Committee on Criminal Law and Public Safety2/28/2023
Assignments2/10/2023

Full Bill Text

No bill text available