SB209 | Illinois 2015-2016 | CORRECTIONS-MITIGATING FACTOR

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On August 17, 2015 in the Senate:

Public Act . . . . . . . . . 99-0384
Effective Date January 1, 2016
Governor Approved

On June 23, 2015 in the Senate:

Sent to the Governor

On May 25, 2015 in the Senate:

Passed Both Houses

On May 25, 2015 in the House:

Third Reading - Short Debate - Passed 106-000-000

On May 22, 2015 in the House:

Final Action Deadline Extended-9(b) May 31, 2015

On May 20, 2015 in the House:

Placed on Calendar Order of 3rd Reading - Short Debate
Second Reading - Short Debate

On May 19, 2015 in the House:

Placed on Calendar 2nd Reading - Short Debate

On May 18, 2015 in the House:

Do Pass / Short Debate Judiciary - Criminal Committee; 014-000-000

On May 11, 2015 in the House:

Assigned to Judiciary - Criminal Committee
Final Action Deadline Extended-9(b) May 22, 2015

On April 30, 2015 in the Senate:

Recalled to Second Reading
Senate Floor Amendment No. 1 Adopted; Raoul
Placed on Calendar Order of 3rd Reading
Third Reading - Passed; 051-000-000

On April 30, 2015 in the House:

Arrived in House
First Reading
Referred to Rules Committee

On April 29, 2015 in the Senate:

Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000

On April 28, 2015 in the Senate:

Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

On April 27, 2015 in the Senate:

Senate Floor Amendment No. 1 Referred to Assignments
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul

On April 24, 2015 in the Senate:

Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2015

On April 23, 2015 in the Senate:

Chief Sponsor Changed to Sen. Kwame Raoul
Chief Sponsor Changed to Sen. Toi W. Hutchinson

On April 15, 2015 in the Senate:

Placed on Calendar Order of 3rd Reading April 16, 2015
Second Reading

On March 26, 2015 in the Senate:

Placed on Calendar Order of 2nd Reading April 14, 2015
Do Pass Executive; 016-000-000

On March 18, 2015 in the Senate:

Assigned to Executive

On January 28, 2015 in the Senate:

Referred to Assignments
First Reading
Filed with Secretary by Sen. John J. Cullerton

Senate Amendment 001

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that 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. Defines "domestic violence". Amends the Code of Civil Procedure. Provides that a movant may present a meritorious claim for relief from a final order or judgment 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. Defines "domestic violence", "forcible felony", and "intimate partner".