Bill Amendment: IL HB3380 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CD CORR&CIVIL PRO-RECIDIVISM

Status: 2025-01-07 - Session Sine Die [HB3380 Detail]

Download: Illinois-2023-HB3380-House_Amendment_001.html

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Rep. Justin Slaughter

Filed: 3/17/2023

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AMENDMENT TO HOUSE BILL 3380
AMENDMENT NO. ______. Amend House Bill 3380 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 5-4.5-95 as follows:
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the
same elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as aggravated criminal sexual assault or
predatory criminal sexual assault of a child and is then
convicted for a third such offense a Class X felony,
criminal sexual assault, aggravated kidnapping, or first

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degree murder, and who is thereafter convicted of a Class
X felony, criminal sexual assault, or first degree murder,
committed after the 2 prior convictions, shall be adjudged
an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20
years of the date that judgment was entered on the
first conviction; provided, however, that time spent
in custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(E) The first offense was committed when the
person was 21 years of age or older.
(5) Anyone who is adjudged an habitual criminal may
shall be sentenced to a term of natural life imprisonment.

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(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised
in that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that
sentence and impose a new sentence in accordance with this
Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation

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granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by
the prosecution is not a former conviction of an offense
set forth in this Section because of the existence of any
exceptions described in this Section, is waived unless
duly raised at the hearing on that conviction, or unless
the prosecution's proof shows the existence of the
exceptions described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 forcible felony after having
twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now (the
date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class forcible
felony and those charges are separately brought and tried and
arise out of different series of acts, that defendant shall be
sentenced as a Class X offender. This subsection does not
apply unless:

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(1) the first forcible felony was committed after
February 1, 1978 (the effective date of Public Act
80-1099);
(2) the second forcible felony was committed after
conviction on the first;
(3) the third forcible felony was committed after
conviction on the second; and
(4) the first offense was committed when the person
was 21 years of age or older.
(c) (Blank).
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
101-652, eff. 7-1-21.)
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

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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 the
Illinois Parentage Act of 2015, 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 an
affidavit or other appropriate showing as to matters not of
record. A petition to reopen a foreclosure proceeding must
include as parties to the petition, but is not limited to, all
parties in the original action in addition to the current
record title holders of the property, current occupants, and
any individual or entity that had a recorded interest in the
property before the filing of the petition. 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

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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.
(b-10) A movant may present a meritorious claim under this

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Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
(A) she was convicted of a forcible felony;
(B) her participation in the offense was a direct
result of her suffering from post-partum depression or
post-partum psychosis;
(C) no evidence of post-partum depression or
post-partum psychosis was presented by a qualified medical
person at trial or sentencing, or both;
(D) she was unaware of the mitigating nature of the
evidence or, if aware, was at the time unable to present
this defense due to suffering from post-partum depression
or post-partum psychosis, or, at the time of trial or
sentencing, neither was a recognized mental illness and as
such, she was unable to receive proper treatment; and
(E) evidence of post-partum depression or post-partum
psychosis as suffered by the person is material and
noncumulative to other evidence offered at the time of
trial or sentencing, and it is of such a conclusive
character that it would likely change the sentence imposed
by the original court.
Nothing in this subsection (b-10) prevents a person from
applying for any other relief under this Article or any other
law otherwise available to her.
As used in this subsection (b-10):
"Post-partum depression" means a mood disorder which

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strikes many women during and after pregnancy and usually
occurs during pregnancy and up to 12 months after
delivery. This depression can include anxiety disorders.
"Post-partum psychosis" means an extreme form of
post-partum depression which can occur during pregnancy
and up to 12 months after delivery. This can include
losing touch with reality, distorted thinking, delusions,
auditory and visual hallucinations, paranoia,
hyperactivity and rapid speech, or mania.
(b-15) A movant may present a meritorious claim under this
Section if the allegations in the petition establish the
following by a preponderance of the evidence that, prior to
the effective date of this amendatory Act of the 103rd General
Assembly, the movant was sentenced to natural life
imprisonment under Section 5-4.5-95 of the Unified Code of
Corrections. Nothing in this subsection (b-15) prevents a
movant from applying for any other relief under this Section
or any other law otherwise available to him or her.
(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987, in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963 or subsection (b-10) or (b-15) of this
Section, or in a motion to vacate and expunge convictions
under the Cannabis Control Act as provided by subsection (i)
of Section 5.2 of the Criminal Identification Act, the
petition must be filed not later than 2 years after the entry

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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.
(c-5) Any individual may at any time file a petition and
institute proceedings under this Section if his or her final
order or judgment, which was entered based on a plea of guilty
or nolo contendere, has potential consequences under federal
immigration law.
(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.
When a petition is filed pursuant to this Section to reopen a
foreclosure proceeding, notwithstanding the provisions of
Section 15-1701 of this Code, the purchaser or successor
purchaser of real property subject to a foreclosure sale who
was not a party to the mortgage foreclosure proceedings is

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entitled to remain in possession of the property until the
foreclosure action is defeated or the previously foreclosed
defendant redeems from the foreclosure sale if the purchaser
has been in possession of the property for more than 6 months.
(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. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19;
102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)".