CRIM PRO-POST PARTUM Senate SponsorsSen. Toi W. Hutchinson-Kimberly A. Lightford, Mattie Hunter and Laura M. Murphy House Sponsors(Rep. Michael Halpin-Mary E. Flowers, Frances Ann Hurley, Joyce Mason and Barbara Hernandez) 8/16/2019SenatePublic Act . . . . . . . . . 101-0411 725 ILCS 5/122-1from Ch. 38, par. 122-1735 ILCS 5/2-1401from Ch. 110, par. 2-1401Amends 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. 2/15/2019SenateFiled with Secretary by Sen. Toi W. Hutchinson 2/15/2019SenateFirst Reading 2/15/2019SenateReferred to Assignments 2/27/2019SenateAssigned to Criminal Law 2/27/2019SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford 3/5/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson 3/5/2019SenateSenate Committee Amendment No. 1 Referred to Assignments 3/6/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law 3/12/2019SenateSenate Committee Amendment No. 1 Adopted 3/12/2019SenateDo Pass as Amended Criminal Law; 009-000-000 3/12/2019SenatePlaced on Calendar Order of 2nd Reading March 13, 2019 3/13/2019SenateSecond Reading 3/13/2019SenatePlaced on Calendar Order of 3rd Reading March 14, 2019 3/26/2019SenateAdded as Co-Sponsor Sen. Mattie Hunter 3/26/2019SenateThird Reading - Passed; 054-000-000 3/26/2019HouseArrived in House 3/29/2019SenateAdded as Co-Sponsor Sen. Laura M. Murphy 4/3/2019HouseChief House Sponsor Rep. Michael Halpin 4/3/2019HouseFirst Reading 4/3/2019HouseReferred to Rules Committee 4/9/2019HouseAssigned to Judiciary - Criminal Committee 4/9/2019HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers 4/30/2019HouseDo Pass / Short Debate Judiciary - Criminal Committee; 017-000-000 5/2/2019HousePlaced on Calendar 2nd Reading - Short Debate 5/16/2019HouseSecond Reading - Short Debate 5/16/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/23/2019HouseThird Reading - Short Debate - Passed 116-000-000 5/23/2019SenatePassed Both Houses 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Joyce Mason 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez 6/21/2019SenateSent to the Governor 8/16/2019SenateGovernor Approved 8/16/2019SenateEffective Date August 16, 2019 8/16/2019SenatePublic Act . . . . . . . . . 101-0411