SB 1627

Abstract

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". Senate Committee Amendment No. 1 Deletes a provision making the amendatory changes to the Code of Civil Procedure inoperative 2 years after the effective date of the amendatory Act. Adds an immediate effective date to the bill.