Roll Call: IL SB1627 | 2019-2020 | 101st General Assembly
For additional roll call votes on Illinois SB1627 please see the Vote List
Bill Title: Amends the Code of Criminal Procedure of 1963. Eliminates the amendatory changes made by Public Act 100-574 to the Code. Amends the Code of Civil Procedure. Provides that 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) she was convicted of a forcible felony; (2) her participation in the offense was a direct result of her suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) 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 (5) 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. Provides that the new provision is inoperative 2 years after its effective date. Provides that nothing in the new provision prevents a person from applying for any other relief under the Civil Practice Law or any other law otherwise available to her. Defines "post-partum depression" and "post-partum psychosis".
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0411 [SB1627 Detail]
Text: Latest bill text (Chaptered) [HTML]
Bill Title: Amends the Code of Criminal Procedure of 1963. Eliminates the amendatory changes made by Public Act 100-574 to the Code. Amends the Code of Civil Procedure. Provides that 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) she was convicted of a forcible felony; (2) her participation in the offense was a direct result of her suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) 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 (5) 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. Provides that the new provision is inoperative 2 years after its effective date. Provides that nothing in the new provision prevents a person from applying for any other relief under the Civil Practice Law or any other law otherwise available to her. Defines "post-partum depression" and "post-partum psychosis".
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0411 [SB1627 Detail]
Text: Latest bill text (Chaptered) [HTML]
Vote: Third Reading in House
| Vote | Tally | Democrat | Republican |
|---|---|---|---|
| Yea | 116 | 73 | 43 |
| Nay | - | - | - |
| Not Voting | 1 | 1 | - |
| Absent | - | - | - |
| TOTAL | 117 | 74 | 43 |
