103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3381
 
Introduced , by Rep. Justin Slaughter
 
SYNOPSIS AS INTRODUCED:








720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/9-2 from Ch. 38, par. 9-2
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401

 Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants. Provides that it is an affirmative defense to the charge that the defendant: (1) was not the only participant in the underlying crime; (2) did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid in the commission of the crime; (3) was not armed with a deadly weapon; and (4) did not engage himself or herself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury. Amends the Code of Civil Procedure. Provides for relief from judgment for defendants convicted of first degree murder committed before the effective date of the amendatory Act. Provides that nothing in these provisions prevents a movant from applying for any other relief.



LRB103 25685 RLC 52034 b


 
 
A BILL FOR
 


HB3381LRB103 25685 RLC 52034 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 9-1 and 9-2 as follows:

6 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
7 Sec. 9-1. First degree murder; death penalties; 
8exceptions; separate
hearings; proof; findings; appellate 
9procedures; reversals.

10 (a) A person who kills an individual without lawful 
11justification commits
first degree murder if, in performing 
12the acts which cause the death:

13  (1) he or she either intends to kill or do great bodily 
14 harm to that
individual or another, or knows that such 
15 acts will cause death to that
individual or another; or

16  (2) he or she knows that such acts create a strong 
17 probability of death or
great bodily harm to that 
18 individual or another; or

19  (3) (Blank). he or she, acting alone or with one or 
20 more participants, commits or attempts to commit a 
21 forcible felony other than second degree murder, and in 
22 the course of or in furtherance of such crime or flight 
23 therefrom, he or she or another participant causes the 
 
 
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1 death of a person.

2 (b) Aggravating Factors. A defendant who at the time of 
3the
commission of the offense has attained the age of 18 or 
4more and who has
been found guilty of first degree murder may 
5be sentenced to death if:

6  (1) the murdered individual was a peace officer or 
7 fireman killed in
the course of performing his official 
8 duties, to prevent the performance
of his or her official 
9 duties, or in retaliation for performing his or her 
10 official
duties, and the defendant knew or
should have 
11 known that the murdered individual was a peace officer or

12 fireman; or

13  (2) the murdered individual was an employee of an 
14 institution or
facility of the Department of Corrections, 
15 or any similar local
correctional agency, killed in the 
16 course of performing his or her official
duties, to 
17 prevent the performance of his or her official duties, or 
18 in
retaliation for performing his or her official duties, 
19 or the murdered
individual was an inmate at such 
20 institution or facility and was killed on the
grounds 
21 thereof, or the murdered individual was otherwise present 
22 in such
institution or facility with the knowledge and 
23 approval of the chief
administrative officer thereof; or

24  (3) the defendant has been convicted of murdering two 
25 or more
individuals under subsection (a) of this Section 
26 or under any law of the
United States or of any state which 
 
 
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1 is substantially similar to
subsection (a) of this Section 
2 regardless of whether the deaths
occurred as the result of 
3 the same act or of several related or
unrelated acts so 
4 long as the deaths were the result of either an intent
to 
5 kill more than one person or of separate acts which
the 
6 defendant knew would cause death or create a strong 
7 probability of
death or great bodily harm to the murdered 
8 individual or another; or

9  (4) the murdered individual was killed as a result of 
10 the
hijacking of an airplane, train, ship, bus, or other 
11 public conveyance; or

12  (5) the defendant committed the murder pursuant to a 
13 contract,
agreement, or understanding by which he or she 
14 was to receive money or anything
of value in return for 
15 committing the murder or procured another to
commit the 
16 murder for money or anything of value; or

17  (6) (blank); or the murdered individual was killed in 
18 the course of another felony if:

19   (a) the murdered individual:

20    (i) was actually killed by the defendant, or

21    (ii) received physical injuries personally 
22 inflicted by the defendant
substantially 
23 contemporaneously with physical injuries caused by 
24 one or
more persons for whose conduct the 
25 defendant is legally accountable under
Section 5-2 
26 of this Code, and the physical injuries inflicted 
 
 
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1 by either
the defendant or the other person or 
2 persons for whose conduct he is legally

3 accountable caused the death of the murdered 
4 individual; and

5   (b) in performing the acts which caused the death 
6 of the murdered
individual or which resulted in 
7 physical injuries personally inflicted by
the 
8 defendant on the murdered individual under the 
9 circumstances of
subdivision (ii) of subparagraph (a) 
10 of paragraph (6) of subsection (b) of
this Section, 
11 the defendant acted with the intent to kill the 
12 murdered
individual or with the knowledge that his 
13 acts created a strong probability
of death or great 
14 bodily harm to the murdered individual or another; and

15   (c) the other felony was an inherently violent 
16 crime
or the attempt to commit an inherently
violent 
17 crime.
In this subparagraph (c), "inherently violent 
18 crime" includes, but is not
limited to, armed robbery, 
19 robbery, predatory criminal sexual assault of a
child,

20 aggravated criminal sexual assault, aggravated 
21 kidnapping, aggravated vehicular
hijacking,
aggravated 
22 arson, aggravated stalking, residential burglary, and 
23 home
invasion; or

24  (7) the murdered individual was under 12 years of age 
25 and the
death resulted from exceptionally brutal or 
26 heinous behavior indicative of
wanton cruelty; or

 
 
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1  (8) the defendant committed the murder with intent to

2 prevent the murdered individual from testifying or 
3 participating in any
criminal investigation or prosecution

4 or giving material assistance to the State in any 
5 investigation or
prosecution, either against the defendant 
6 or another; or the defendant
committed the murder because 
7 the murdered individual was a witness in any
prosecution 
8 or gave material assistance to the State in any 
9 investigation
or prosecution, either against the defendant 
10 or another;
for purposes of this paragraph (8), 
11 "participating in any criminal
investigation
or 
12 prosecution" is intended to include those appearing in the 
13 proceedings in
any capacity such as trial judges, 
14 prosecutors, defense attorneys,
investigators, witnesses, 
15 or jurors; or

16  (9) the defendant, while committing an offense 
17 punishable under
Sections 401, 401.1, 401.2, 405, 405.2, 
18 407 or 407.1 or subsection (b) of
Section
404 of the 
19 Illinois Controlled Substances Act, or while engaged in a

20 conspiracy or solicitation to commit such offense, 
21 intentionally killed an
individual or counseled, 
22 commanded, induced, procured or caused the
intentional 
23 killing of the murdered individual; or

24  (10) the defendant was incarcerated in an institution 
25 or facility of
the Department of Corrections at the time 
26 of the murder, and while
committing an offense punishable 
 
 
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1 as a felony under Illinois law, or while
engaged in a 
2 conspiracy or solicitation to commit such offense,

3 intentionally killed an individual or counseled, 
4 commanded, induced,
procured or caused the intentional 
5 killing of the murdered individual; or

6  (11) the murder was committed in a cold, calculated 
7 and premeditated
manner pursuant to a preconceived plan, 
8 scheme or design to take a human
life by unlawful means, 
9 and the conduct of the defendant created a
reasonable 
10 expectation that the death of a human being would result

11 therefrom; or

12  (12) the murdered individual was an emergency medical 
13 technician -
ambulance, emergency medical technician - 
14 intermediate, emergency medical
technician - paramedic, 
15 ambulance driver, or
other medical assistance or first aid 
16 personnel, employed by a municipality
or other 
17 governmental unit, killed in the course of performing his 
18 official
duties, to prevent the performance of his 
19 official duties, or in retaliation
for performing his 
20 official duties, and the defendant knew or should have

21 known that the murdered individual was an emergency 
22 medical technician -
ambulance, emergency medical 
23 technician - intermediate, emergency medical
technician - 
24 paramedic, ambulance driver, or
other medical assistance 
25 or first aid personnel; or

26  (13) the defendant was a principal administrator, 
 
 
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1 organizer, or leader
of a calculated criminal drug 
2 conspiracy consisting of a hierarchical position
of 
3 authority superior to that of all other members of the 
4 conspiracy, and the
defendant counseled, commanded, 
5 induced, procured, or caused the intentional
killing of 
6 the murdered person;
or

7  (14) the murder was intentional and involved the 
8 infliction of torture.
For
the purpose of this Section 
9 torture means the infliction of or subjection to
extreme 
10 physical pain, motivated by an intent to increase or 
11 prolong the pain,
suffering or agony of the victim; or

12  (15) the murder was committed as a result of the 
13 intentional discharge
of a firearm by the defendant from a 
14 motor vehicle and the victim was not
present within the 
15 motor vehicle; or

16  (16) the murdered individual was 60 years of age or 
17 older and the death
resulted
from exceptionally brutal or 
18 heinous behavior indicative of wanton cruelty; or

19  (17) the murdered individual was a person with a 
20 disability and the defendant knew
or
should have known 
21 that the murdered individual was a person with a 
22 disability. For purposes of
this paragraph (17), "person 
23 with a disability" means a person who suffers from a

24 permanent physical or mental impairment resulting from 
25 disease, an injury,
a functional disorder, or a congenital 
26 condition that renders the person
incapable of
adequately 
 
 
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1 providing for his or her own health or personal care; or

2  (18) the murder was committed by reason of any 
3 person's activity as a
community policing volunteer or to 
4 prevent any person from engaging in activity
as a 
5 community policing volunteer; or

6  (19) the murdered individual was subject to an order 
7 of protection and the
murder was committed by a person 
8 against whom the same order of protection was
issued under 
9 the Illinois Domestic Violence Act of 1986; or

10  (20) the murdered individual was known by the 
11 defendant to be a teacher or
other person employed in any 
12 school and the teacher or other employee is upon
the 
13 grounds of a school or grounds adjacent to a school, or is 
14 in any part of a
building used for school purposes; or

15  (21) the murder was committed by the defendant in 
16 connection with or as
a
result of the offense of terrorism 
17 as defined in Section 29D-14.9 of this
Code; or

18  (22) the murdered individual was a member of a 
19 congregation engaged in prayer or other religious 
20 activities at a church, synagogue, mosque, or other 
21 building, structure, or place used for religious worship.
22 (b-5) Aggravating Factor; Natural Life Imprisonment. A 
23defendant who has been found guilty of first degree murder and 
24who at the time of the commission of the offense had attained 
25the age of 18 years or more may be sentenced to natural life 
26imprisonment if
(i) the murdered individual was a physician, 
 
 
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1physician assistant, psychologist, nurse, or advanced practice 
2registered nurse, (ii) the defendant knew or should have
known 
3that the murdered individual was a physician, physician 
4assistant, psychologist, nurse, or advanced practice 
5registered nurse, and (iii) the murdered individual was killed 
6in the course of acting in his or her capacity as a physician, 
7physician assistant, psychologist, nurse, or advanced practice 
8registered nurse, or to prevent him or her from acting in that 
9capacity, or in retaliation
for his or her acting in that 
10capacity. 
11 (c) Consideration of factors in Aggravation and 
12Mitigation.

13 The court shall consider, or shall instruct the jury to 
14consider any
aggravating and any mitigating factors which are 
15relevant to the
imposition of the death penalty. Aggravating 
16factors may include but
need not be limited to those factors 
17set forth in subsection (b).
Mitigating factors may include 
18but need not be limited to the following:

19  (1) the defendant has no significant history of prior 
20 criminal
activity;

21  (2) the murder was committed while the defendant was 
22 under
the influence of extreme mental or emotional 
23 disturbance, although not such
as to constitute a defense 
24 to prosecution;

25  (3) the murdered individual was a participant in the

26 defendant's homicidal conduct or consented to the 
 
 
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1 homicidal act;

2  (4) the defendant acted under the compulsion of threat 
3 or
menace of the imminent infliction of death or great 
4 bodily harm;

5  (5) the defendant was not personally present during

6 commission of the act or acts causing death;

7  (6) the defendant's background includes a history of 
8 extreme emotional
or physical abuse;

9  (7) the defendant suffers from a reduced mental 
10 capacity.

11 Provided, however, that an action that does not otherwise 
12mitigate first degree murder cannot qualify as a mitigating 
13factor for first degree murder because of the discovery, 
14knowledge, or disclosure of the victim's sexual orientation as 
15defined in Section 1-103 of the Illinois Human Rights Act. 
16 (d) Separate sentencing hearing.

17 Where requested by the State, the court shall conduct a 
18separate
sentencing proceeding to determine the existence of 
19factors set forth in
subsection (b) and to consider any 
20aggravating or mitigating factors as
indicated in subsection 
21(c). The proceeding shall be conducted:

22  (1) before the jury that determined the defendant's 
23 guilt; or

24  (2) before a jury impanelled for the purpose of the 
25 proceeding if:

26   A. the defendant was convicted upon a plea of 
 
 
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1 guilty; or

2   B. the defendant was convicted after a trial 
3 before the court
sitting without a jury; or

4   C. the court for good cause shown discharges the 
5 jury that
determined the defendant's guilt; or

6  (3) before the court alone if the defendant waives a 
7 jury
for the separate proceeding.

8 (e) Evidence and Argument.

9 During the proceeding any information relevant to any of 
10the factors
set forth in subsection (b) may be presented by 
11either the State or the
defendant under the rules governing 
12the admission of evidence at
criminal trials. Any information 
13relevant to any additional aggravating
factors or any 
14mitigating factors indicated in subsection (c) may be

15presented by the State or defendant regardless of its 
16admissibility
under the rules governing the admission of 
17evidence at criminal trials.
The State and the defendant shall 
18be given fair opportunity to rebut any
information received at 
19the hearing.

20 (f) Proof.

21 The burden of proof of establishing the existence of any 
22of the
factors set forth in subsection (b) is on the State and 
23shall not be
satisfied unless established beyond a reasonable 
24doubt.

25 (g) Procedure - Jury.

26 If at the separate sentencing proceeding the jury finds 
 
 
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1that none of
the factors set forth in subsection (b) exists, 
2the court shall sentence
the defendant to a term of 
3imprisonment under Chapter V of the Unified
Code of 
4Corrections. If there is a unanimous finding by the jury that

5one or more of the factors set forth in subsection (b) exist, 
6the jury
shall consider aggravating and mitigating factors as 
7instructed by the
court and shall determine whether the 
8sentence of death shall be
imposed. If the jury determines 
9unanimously, after weighing the factors in
aggravation and 
10mitigation, that death is the appropriate sentence, the court 
11shall sentence the defendant to death.
If the court does not 
12concur with the jury determination that death is the

13appropriate sentence, the court shall set forth reasons in 
14writing
including what facts or circumstances the court relied 
15upon,
along with any relevant
documents, that compelled the 
16court to non-concur with the sentence. This
document and any 
17attachments shall be part of the record for appellate
review. 
18The court shall be bound by the jury's sentencing 
19determination.

20 If after weighing the factors in aggravation and 
21mitigation, one or more
jurors determines that death is not 
22the appropriate sentence,
the
court shall sentence the 
23defendant to a term of imprisonment under
Chapter V of the 
24Unified Code of Corrections.

25 (h) Procedure - No Jury.

26 In a proceeding before the court alone, if the court finds 
 
 
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1that none
of the factors found in subsection (b) exists, the 
2court shall sentence
the defendant to a term of imprisonment 
3under Chapter V of the Unified
Code of Corrections.

4 If the Court determines that one or more of the factors set 
5forth in
subsection (b) exists, the Court shall consider any 
6aggravating and
mitigating factors as indicated in subsection 
7(c). If the Court
determines, after weighing the factors in 
8aggravation and mitigation, that
death is the appropriate 
9sentence, the Court shall sentence the
defendant to death.

10 If
the court finds that death is not the
appropriate 
11sentence, the
court shall sentence the defendant to a term of 
12imprisonment under
Chapter V of the Unified Code of 
13Corrections.

14 (h-5) Decertification as a capital case.

15 In a case in which the defendant has been found guilty of 
16first degree murder
by a judge or jury, or a case on remand for 
17resentencing, and the State seeks
the death penalty as an 
18appropriate
sentence,
on the court's own motion or the written 
19motion of the defendant, the court
may decertify the case as a 
20death penalty case if the court finds that the only
evidence 
21supporting the defendant's conviction is the uncorroborated 
22testimony
of an informant witness, as defined in Section 
23115-21 of the Code of Criminal
Procedure of 1963, concerning 
24the confession or admission of the defendant or
that the sole 
25evidence against the defendant is a single eyewitness or 
26single
accomplice without any other corroborating evidence.
If 
 
 
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1the court decertifies the case as a capital case
under either 
2of the grounds set forth above, the court shall issue a
written 
3finding. The State may pursue its right to appeal the 
4decertification
pursuant to Supreme Court Rule 604(a)(1). If 
5the court does not
decertify the case as a capital case, the 
6matter shall proceed to the
eligibility phase of the 
7sentencing hearing.

8 (i) Appellate Procedure.

9 The conviction and sentence of death shall be subject to 
10automatic
review by the Supreme Court. Such review shall be in 
11accordance with
rules promulgated by the Supreme Court.
The 
12Illinois Supreme Court may overturn the death sentence, and 
13order the
imposition of imprisonment under Chapter V of the 
14Unified Code of
Corrections if the court finds that the death 
15sentence is fundamentally
unjust as applied to the particular 
16case.
If the Illinois Supreme Court finds that the
death 
17sentence is fundamentally unjust as applied to the particular 
18case,
independent of any procedural grounds for relief, the 
19Illinois Supreme Court
shall issue a written opinion 
20explaining this finding.

21 (j) Disposition of reversed death sentence.

22 In the event that the death penalty in this Act is held to 
23be
unconstitutional by the Supreme Court of the United States 
24or of the
State of Illinois, any person convicted of first 
25degree murder shall be
sentenced by the court to a term of 
26imprisonment under Chapter V of the
Unified Code of 
 
 
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1Corrections.

2 In the event that any death sentence pursuant to the 
3sentencing
provisions of this Section is declared 
4unconstitutional by the Supreme
Court of the United States or 
5of the State of Illinois, the court having
jurisdiction over a 
6person previously sentenced to death shall cause the
defendant 
7to be brought before the court, and the court shall sentence

8the defendant to a term of imprisonment under Chapter V of the

9Unified Code of Corrections.

10 (k) Guidelines for seeking the death penalty.

11 The Attorney General and
State's Attorneys Association 
12shall consult on voluntary guidelines for
procedures governing 
13whether or not to seek the death penalty. The guidelines
do not

14have the force of law and are only advisory in nature.

15(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; 
16100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff. 
177-1-21.)



18 (720 ILCS 5/9-2) (from Ch. 38, par. 9-2)



19 Sec. 9-2. Second degree murder. 
20 (a) A person commits the offense of second degree murder 
21when:
22  (.01) he or she, acting alone or with one or more 
23 participants, commits or attempts to commit a forcible 
24 felony, other than first degree murder, and in the course 
25 of or in furtherance of the crime or flight from the crime, 
 
 
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1 he or she or another participant causes the death of a 
2 person, other than one of the participants; or
3  (.02) he or she commits
the offense of first degree 
4 murder as defined in paragraph (1) or (2) of
subsection 
5 (a) of Section 9-1 of this Code and either of the following

6 mitigating factors are present:

7   (A) (1) at the time of the killing he or she is 
8 acting under a sudden and intense
passion resulting 
9 from serious provocation by the individual killed or

10 another whom the offender endeavors to kill, but he or 
11 she negligently or
accidentally causes the death of 
12 the individual killed; or

13   (B) (2) at the time of the killing he or she 
14 believes the circumstances to be such
that, if they 
15 existed, would justify or exonerate the killing under 
16 the
principles stated in Article 7 of this Code, but 
17 his or her belief is unreasonable.

18 (b) Serious provocation is conduct sufficient to excite an 
19intense
passion in a reasonable person provided, however, that 
20an action that does not otherwise constitute serious 
21provocation cannot qualify as serious provocation because of 
22the discovery, knowledge, or disclosure of the victim's sexual 
23orientation as defined in Section 1-103 of the Illinois Human 
24Rights Act.

25 (c) When evidence of
either of the mitigating factors 
26defined in subsection (a) of this Section
has been presented, 
 
 
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1the burden of proof is on the defendant to prove either

2mitigating factor by a preponderance of the evidence before 
3the defendant
can be found guilty of second degree murder. The 
4burden of proof, however,
remains on the State to prove beyond 
5a reasonable doubt each of the
elements of first degree murder 
6and, when appropriately raised, the absence
of circumstances 
7at the time of the killing that would justify or exonerate
the 
8killing under the principles stated in Article 7 of this Code.

9 (d) Sentence. Second degree murder is a Class 1 felony.

10 (e) It is an affirmative defense to a charge of violating 
11paragraph (.01) of subsection (a) that the defendant: 
12  (1) was not the only participant in the underlying 
13 crime;
14  (2) did not commit the homicidal act or in any way 
15 solicit, request, command, importune, cause, or aid in the 
16 commission of the crime; 
17  (3) was not armed with a deadly weapon; and
18  (4) did not engage himself or herself in or intend to 
19 engage in and had no reasonable ground to believe that any 
20 other participant intended to engage in conduct likely to 
21 result in death or serious bodily injury. 
22(Source: P.A. 100-460, eff. 1-1-18.)


23 Section 10. The Code of Civil Procedure is amended by 
24changing Section 2-1401 as follows:




 
 
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1 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)



2 Sec. 2-1401. Relief from judgments. 

3 (a) Relief from final orders and judgments, after 30 days 
4from the
entry thereof, may be had upon petition as provided in 
5this Section.
Writs of error coram nobis and coram vobis, 
6bills of review, and bills
in the nature of bills of review are 
7abolished. All relief heretofore
obtainable and the grounds 
8for such relief heretofore available,
whether by any of the 
9foregoing remedies or otherwise, shall be
available in every 
10case, by proceedings hereunder, regardless of the
nature of 
11the order or judgment from which relief is sought or of the

12proceedings in which it was entered. Except as provided in the 
13Illinois Parentage Act of 2015, there shall be no distinction

14between actions and other proceedings, statutory or otherwise, 
15as to
availability of relief, grounds for relief, or the 
16relief obtainable.

17 (b) The petition must be filed in the same proceeding in 
18which the
order or judgment was entered but is not a 
19continuation thereof. The
petition must be supported by an 
20affidavit or other appropriate showing as
to matters not of 
21record. A petition to reopen a foreclosure proceeding must 
22include as parties to the petition, but is not limited to, all 
23parties in the original action in addition to the current 
24record title holders of the property, current occupants, and 
25any individual or entity that had a recorded interest in the 
26property before the filing of the petition. All parties to the 
 
 
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1petition shall be notified
as provided by rule.

2 (b-5) A movant may present a meritorious claim under this 
3Section if the allegations in the petition establish each of 
4the following by a preponderance of the evidence:
5  (1) the movant was convicted of a forcible felony;
6  (2) the movant's participation in the offense was 
7 related to him or her previously having been a victim of 
8 domestic violence as perpetrated by an intimate partner;
9  (3) no evidence of domestic violence against the 
10 movant was presented at the movant's sentencing hearing;
11  (4) the movant was unaware of the mitigating nature of 
12 the evidence of the domestic violence at the time of 
13 sentencing and could not have learned of its significance 
14 sooner through diligence; and
15  (5) the new evidence of domestic violence against the 
16 movant is material and noncumulative to other evidence 
17 offered at the sentencing hearing, and is of such a 
18 conclusive character that it would likely change the 
19 sentence imposed by the original trial court.
20 Nothing in this subsection (b-5) shall prevent a movant 
21from applying for any other relief under this Section or any 
22other law otherwise available to him or her.
23 As used in this subsection (b-5):
24  "Domestic violence" means abuse as defined in Section 
25 103
of the Illinois Domestic Violence Act of 1986.
26  "Forcible felony" has the meaning ascribed to the term 
 
 
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1 in
Section 2-8 of the Criminal Code of 2012.
2  "Intimate partner" means a spouse or former spouse, 
3 persons
who have or allegedly have had a child in common, 
4 or persons who
have or have had a dating or engagement 
5 relationship. 
6 (b-10) A movant may present a meritorious claim under this 
7Section if the allegations in the petition establish each of 
8the following by a preponderance of the evidence:
9  (A) she was convicted of a forcible felony;
10  (B) her participation in the offense was a direct 
11 result of her suffering from post-partum depression or 
12 post-partum psychosis;
13  (C) no evidence of post-partum depression or 
14 post-partum psychosis was presented by a qualified medical 
15 person at trial or sentencing, or both;
16  (D) she was unaware of the mitigating nature of the 
17 evidence or, if aware, was at the time unable to present 
18 this defense due to suffering from post-partum depression 
19 or post-partum psychosis, or, at the time of trial or 
20 sentencing, neither was a recognized mental illness and as 
21 such, she was unable to receive proper treatment;
and
22  (E) evidence of post-partum depression or post-partum 
23 psychosis as suffered by the person is material and 
24 noncumulative to other evidence offered at the time of 
25 trial or sentencing, and it is of such a conclusive 
26 character that it would likely change the sentence imposed 
 
 
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1 by the original court.
2 Nothing in this subsection (b-10) prevents a person from 
3applying for any other relief under this Article or any other 
4law otherwise available to her.
5 As used in this subsection (b-10):
6  "Post-partum depression" means a mood disorder which 
7 strikes many women during and after pregnancy and usually 
8 occurs during pregnancy and up to 12 months after 
9 delivery. This depression can include anxiety disorders.
10  "Post-partum psychosis" means an extreme form of 
11 post-partum depression which can occur during pregnancy 
12 and up to 12 months after delivery. This can include 
13 losing touch with reality, distorted thinking, delusions, 
14 auditory and visual hallucinations, paranoia, 
15 hyperactivity and rapid speech, or mania.
16 (b-15) A movant may present a meritorious claim under this 
17Section if the allegations in the petition establish each of 
18the following by a preponderance of the evidence:
19  (1) the movant was convicted of a first degree felony 
20 murder under paragraph (3) of subsection (a) of Section 
21 9-1 of the Criminal Code of 2012 committed before the 
22 effective date of this amendatory Act of the 103rd General 
23 Assembly; and
24  (2) the movant was not prosecuted under paragraph (1) 
25 or (2) of subsection (a) of Section 9-1 of the Criminal 
26 Code of 2012.
 
 
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1 Nothing in this subsection (b-15) prevents a movant from 
2applying for any other relief under this Section or any other 
3law otherwise available to him or her. 
4 (c) Except as provided in Section 20b of the Adoption Act 
5and Section
2-32 of the Juvenile Court Act of 1987, in a 
6petition based
upon Section 116-3 of the Code of Criminal 
7Procedure of 1963 or subsection (b-10) of this Section, or in a 
8motion to vacate and expunge convictions under the Cannabis 
9Control Act as provided by subsection (i) of Section 5.2 of the 
10Criminal Identification Act, the petition
must be filed not 
11later than 2 years after the entry of the order or judgment.

12Time during which the person seeking relief is under legal 
13disability or
duress or the ground for relief is fraudulently 
14concealed shall be excluded
in computing the period of 2 
15years.

16 (c-5) Any individual may at any time file a petition and 
17institute proceedings under this Section if his or her final 
18order or judgment, which was entered based on a plea of guilty 
19or nolo contendere, has potential consequences under federal 
20immigration law. 
21 (d) The filing of a petition under this Section does not 
22affect the
order or judgment, or suspend its operation.

23 (e) Unless lack of jurisdiction affirmatively appears from 
24the
record proper, the vacation or modification of an order or 
25judgment
pursuant to the provisions of this Section does not 
26affect the right,
title, or interest in or to any real or 
 
 
HB3381- 23 -LRB103 25685 RLC 52034 b


1personal property of any person,
not a party to the original 
2action, acquired for value after the entry
of the order or 
3judgment but before the filing of the petition, nor
affect any 
4right of any person not a party to the original action under

5any certificate of sale issued before the filing of the 
6petition,
pursuant to a sale based on the order or judgment. 
7When a petition is filed pursuant to this Section to reopen a 
8foreclosure proceeding, notwithstanding the provisions of 
9Section 15-1701 of this Code, the purchaser or successor 
10purchaser of real property subject to a foreclosure sale who 
11was not a party to the mortgage foreclosure proceedings is 
12entitled to remain in possession of the property until the 
13foreclosure action is defeated or the previously foreclosed 
14defendant redeems from the foreclosure sale if the purchaser 
15has been in possession of the property for more than 6 months. 

16 (f) Nothing contained in this Section affects any existing 
17right to
relief from a void order or judgment, or to employ any 
18existing method
to procure that relief.

19(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; 
20102-639, eff. 8-27-21; 102-813, eff. 5-13-22.)