Public Act 099-0384
 
SB0209 EnrolledLRB099 03369 RLC 23377 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
    Section 5. The Unified Code of Corrections is amended by 
changing Section 5-5-3.1 as follows:
 



    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)



    Sec. 5-5-3.1. Factors in Mitigation. 

    (a) The following
grounds shall be accorded weight in favor 
of withholding or
minimizing a sentence of imprisonment:

        (1) The defendant's criminal conduct neither caused 
    nor
threatened serious physical harm to another. 

        (2) The defendant did not contemplate that his criminal 
    conduct would
cause or threaten serious physical harm to 
    another.

        (3) The defendant acted under a strong provocation.

        (4) There were substantial grounds tending to excuse or 
    justify
the defendant's criminal conduct, though failing 
    to establish a
defense.

        (5) The defendant's criminal conduct was induced or 
    facilitated
by someone other than the defendant.

        (6) The defendant has compensated or will compensate 
    the victim
of his criminal conduct for the damage or injury 
    that he sustained.

        (7) The defendant has no history of prior delinquency 
    or
criminal activity or has led a law-abiding life for a 
    substantial
period of time before the commission of the 
    present crime.

        (8) The defendant's criminal conduct was the result of

    circumstances unlikely to recur.

        (9) The character and attitudes of the defendant 
    indicate that he is
unlikely to commit another crime.

        (10) The defendant is particularly likely to comply 
    with the terms of
a period of probation.

        (11) The imprisonment of the defendant would entail 
    excessive
hardship to his dependents.

        (12) The imprisonment of the defendant would endanger 
    his or her medical
condition.

        (13) The defendant was intellectually disabled as 
    defined in Section 5-1-13 of
this Code.

        (14)  The defendant sought  or obtained emergency 
    medical assistance for an overdose and was convicted of a 
    Class 3 felony or higher possession, manufacture, or 
    delivery of a controlled, counterfeit, or look-alike 
    substance or a controlled substance analog under the 
    Illinois Controlled Substances Act or a Class 2 felony or 
    higher possession, manufacture or delivery of 
    methamphetamine under the Methamphetamine Control and 
    Community Protection Act.
        (15) At the time of the offense, the defendant is or 
    had been the victim of domestic violence and the effects of 
    the domestic violence tended to excuse or justify the 
    defendant's criminal conduct. As used in this paragraph 
    (15), "domestic violence" means abuse as defined in Section 
    103 of the Illinois Domestic Violence Act of 1986. 
    (b) If the court, having due regard for the character of 
the
offender, the nature and circumstances of the offense and 
the
public interest finds that a sentence of imprisonment is 
the
most appropriate disposition of the offender, or where 
other
provisions of this Code mandate the imprisonment of the 
offender,
the grounds listed in paragraph (a) of this 
subsection shall be
considered as factors in mitigation of the 
term imposed.

(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, 
eff. 8-16-13.)
 
    Section 10. The Code of Civil Procedure is amended  by 
changing Section 2-1401 as follows:
 



    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)



    Sec. 2-1401. Relief from judgments. 

    (a) Relief from final orders and judgments, after 30 days 
from the
entry thereof, may be had upon petition as provided in 
this Section.
Writs of error coram nobis and coram vobis, bills 
of review and bills
in the nature of bills of review are 
abolished.  All relief heretofore
obtainable and the grounds for 
such relief heretofore available,
whether by any of the 
foregoing remedies or otherwise, shall be
available in every 
case, by proceedings hereunder, regardless of the
nature of the 
order or judgment from which relief is sought or of the

proceedings in which it was entered.  Except as provided in 
Section 6
of the Illinois Parentage Act of 1984, there shall be 
no distinction
between actions and other proceedings, 
statutory or otherwise, as to
availability of relief, grounds 
for relief or the relief obtainable.

    (b) The petition must be filed in the same proceeding in 
which the
order or judgment  was entered but is not a 
continuation thereof. The
petition must be supported by 
affidavit or other appropriate showing as
to matters not of 
record.  All parties to the petition shall be notified
as 
provided by rule.

    (b-5) A movant may present a meritorious claim under this 
Section if the allegations in the petition establish each of 
the following by a preponderance of the evidence:
        (1) the movant was convicted of a forcible felony;
        (2) the movant's participation in the offense was 
    related to him or her previously having been a victim of 
    domestic violence as perpetrated by an intimate partner;
        (3) no evidence of domestic violence against the movant 
    was presented at the movant's sentencing hearing;
        (4) the movant was unaware of the mitigating nature of 
    the evidence of the domestic violence at the time of 
    sentencing and could not have learned of its significance 
    sooner through diligence; and
        (5) the new evidence of domestic violence against the 
    movant is material and noncumulative to other evidence 
    offered at the sentencing hearing, and is of such a 
    conclusive character that it would likely change the 
    sentence imposed by the original trial court.
    Nothing in this subsection (b-5) shall prevent a movant 
from applying for any other relief under this Section or any 
other law otherwise available to him or her.
    As used in this subsection (b-5):
        "Domestic violence" means abuse as defined in Section 
    103
of the Illinois Domestic Violence Act of 1986.
        "Forcible felony" has the meaning ascribed to the term 
    in
Section 2-8 of the Criminal Code of 2012.
        "Intimate partner" means a spouse or  former spouse, 
    persons
who have or allegedly have had a child in common, 
    or  persons who
have or have had a dating or engagement 
    relationship. 
    (c) Except as provided in Section 20b of the Adoption Act 
and Section
2-32 of the Juvenile Court Act of 1987 or in a 
petition based
upon Section 116-3 of the Code of Criminal 
Procedure of 1963, the petition
must be filed not later than 2 
years after the entry of the order or judgment.
Time during 
which the person seeking relief is under legal disability or

duress or the ground for relief is fraudulently concealed shall 
be excluded
in computing the period of 2 years.

    (d) The filing of a petition under this Section does not 
affect the
order or judgment, or suspend its operation.

    (e) Unless lack of jurisdiction affirmatively appears from 
the
record proper, the vacation or modification of an order or 
judgment
pursuant to the provisions of this Section does not 
affect the right,
title or interest in or to any real or 
personal property of any person,
not a party to the original 
action, acquired for value after the entry
of the order or 
judgment  but before the filing of the petition, nor
affect any 
right of any person not a party to the original action under

any certificate of sale issued before the filing of the 
petition,
pursuant to a sale based on the order or judgment.

    (f) Nothing contained in this Section affects any existing 
right to
relief from a void order or judgment, or to employ any 
existing method
to procure that relief.

(Source: P.A. 95-331, eff. 8-21-07.)