Bill Text: IL HB5646 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Code of Civil Procedure. Provides a conviction that was the result of a negotiated plea may be challenged under the post-judgment relief provisions that require evidence of a forcible felony, domestic violence, or gender-based violence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB5646 Detail]

Download: Illinois-2023-HB5646-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5646 Introduced 2/9/2024, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
Amends the Code of Civil Procedure. Provides a conviction that was the result of a negotiated plea may be challenged under the post-judgment relief provisions that require evidence of a forcible felony, domestic violence, or gender-based violence.
LRB103 37587 JRC 67713 b
A BILL FOR
HB5646 LRB103 37587 JRC 67713 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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 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

HB5646 - 2 - LRB103 37587 JRC 67713 b
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
related to him or her previously having been a victim of
domestic violence or gender-based violence;
(3) there is substantial evidence of domestic violence
or gender-based violence against the movant that was not
presented at the movant's sentencing hearing;
(4) (blank); and
(5) the evidence of domestic violence or gender-based
violence against the movant is material and noncumulative
to other evidence offered at the sentencing hearing, or
previous hearing under this Section filed on or after the
effective date of this amendatory Act of the 103rd General
Assembly, and is of such a conclusive character that it

HB5646 - 3 - LRB103 37587 JRC 67713 b
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. This subsection
(b-5) applies to all eligible convictions, including, but not
limited to, if the judge renders the sentence based on a
negotiated plea agreement. Relief under this Section allows
for the modification of the length of sentence without
affecting the conviction.
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.
"Gender-based violence" includes evidence of
victimization as a trafficking victim, as defined by
paragraph (10) of subsection (a) of Section 10-9 of the
Criminal Code of 2012, evidence of victimization under the
Illinois Domestic Violence Act of 1986, evidence of
victimization under the Stalking No Contact Order Act, or
evidence of victimization of any offense under Article 11
of the Criminal Code of 2012, irrespective of criminal
prosecution or conviction.
"Intimate partner" means a spouse or former spouse,
persons who have or allegedly have had a child in common,

HB5646 - 4 - LRB103 37587 JRC 67713 b
or persons who have or have had a dating or engagement
relationship.
"Substantial evidence" means evidence that a
reasonable mind might accept as adequate to support a
conclusion.
(b-10) 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:
(A) she was convicted of a forcible felony;
(B) her participation in the offense was a direct
result of her suffering from postpartum post-partum
depression or postpartum post-partum psychosis;
(C) no evidence of postpartum post-partum depression
or postpartum 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 postpartum post-partum
depression or postpartum 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 postpartum post-partum depression or
postpartum 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

HB5646 - 5 - LRB103 37587 JRC 67713 b
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. This subsection (b-10) applies
to all eligible convictions, including, but not limited to, if
the judge renders the sentence based on a negotiated plea
agreement. Relief under this Section allows for the
modification of the length of sentence without affecting the
conviction.
As used in this subsection (b-10):
"Postpartum Post-partum depression" means a mood
disorder which 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.
"Postpartum Post-partum psychosis" means an extreme
form of postpartum 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.
(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-5) or (b-10) of this

HB5646 - 6 - LRB103 37587 JRC 67713 b
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
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

HB5646 - 7 - LRB103 37587 JRC 67713 b