republic-os/legislation/us/states/il/100th/hb-1764.md

---
type: "Bill"
title: "MITIGATION-POST-PARTUM DEPRESS"
description: "Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has, after sentencing, been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial or sentencing, or both. Amends the Code of Civil Procedure concerning relief from final orders and judgments, after 30 days from the entry of the judgment. Provides that a meritorious claim may be made for that relief 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 a direct result of the movant's mental state either 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) the movant 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 unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the movant 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. Defines \"post-partum depression\" and \"post-partum psychosis\"."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "100th"
identifier: "HB 1764"
citation: "Illinois HB 1764 (100th)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 48
vote_count: 2
first_action: "2017-02-01"
last_action: "2018-01-08"
source: "openstates"
source_identifier: "ocd-bill/9efdc895-6669-4628-acb8-bb78be103541"
source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=1764&GAID=14&DocTypeID=HB&LegId=102263&SessionID=91&GA=100"
source_hash: "6697d7a1e8b18588f690a4dc5545b77d91e20011455cdff14b5f5b1bf7415656"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---

# Illinois HB 1764 (100th) — MITIGATION-POST-PARTUM DEPRESS

Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has, after sentencing, been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial or sentencing, or both. Amends the Code of Civil Procedure concerning relief from final orders and judgments, after 30 days from the entry of the judgment. Provides that a meritorious claim may be made for that relief 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 a direct result of the movant's mental state either 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) the movant 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 unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the movant 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. Defines "post-partum depression" and "post-partum psychosis".

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000HB1764&GA=100&SessionId=91&DocTypeId=HB&LegID=102263&DocNum=1764&GAID=14&Session=&print=true)
2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000HB1764eng&GA=100&SessionId=91&DocTypeId=HB&LegID=102263&DocNum=1764&GAID=14&Session=&print=true)
3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000HB1764enr&GA=100&SessionId=91&DocTypeId=HB&LegID=102263&DocNum=1764&GAID=14&Session=&print=true)

## Votes

- Third Reading — **113–0** (pass) · lower
- Third Reading — **48–2** (pass) · upper

## Sponsors

- Linda Chapa LaVia — primary (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2017-02-01** Filed with the Clerk by Rep. Linda Chapa LaVia `filing`
- **2017-02-02** First Reading `reading-1`
- **2017-02-02** Referred to Rules Committee `referral-committee`
- **2017-02-14** Assigned to Judiciary - Criminal Committee `referral-committee`
- **2017-02-24** House Committee Amendment No. 1 Filed with Clerk by Rep. Linda Chapa LaVia `amendment-introduction`
- **2017-02-24** House Committee Amendment No. 1 Referred to Rules Committee `referral-committee`
- **2017-03-07** House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
- **2017-03-24** House Committee Amendment No. 2 Filed with Clerk by Rep. Linda Chapa LaVia `amendment-introduction`
- **2017-03-24** House Committee Amendment No. 2 Referred to Rules Committee `referral-committee`
- **2017-03-27** House Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
- **2017-03-28** House Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote `amendment-passage`
- **2017-03-28** Do Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000 `committee-passage`
- **2017-03-28** House Committee Amendment No. 1 Tabled Pursuant to Rule 40 `amendment-failure`
- **2017-03-29** Placed on Calendar 2nd Reading - Short Debate
- **2017-04-04** Second Reading - Short Debate `reading-2`
- **2017-04-04** Placed on Calendar Order of 3rd Reading - Short Debate
- **2017-04-05** Third Reading - Short Debate - Passed 113-000-000 `reading-3, passage`
- **2017-04-05** Added Chief Co-Sponsor Rep. Jehan Gordon-Booth
- **2017-04-05** Added Chief Co-Sponsor Rep. Melissa Conyears-Ervin
- **2017-04-05** Added Chief Co-Sponsor Rep. Robyn Gabel
- **2017-04-05** Arrive in Senate `introduction`
- **2017-04-05** Placed on Calendar Order of First Reading April 6, 2017 `reading-1`
- **2017-04-05** Chief Senate Sponsor Sen. Toi W. Hutchinson
- **2017-04-05** Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
- **2017-04-06** First Reading `reading-1`
- **2017-04-06** Referred to Assignments `referral-committee`
- **2017-04-25** Assigned to Criminal Law `referral-committee`
- **2017-05-03** Postponed - Criminal Law
- **2017-05-09** Postponed - Criminal Law
- **2017-05-12** Rule 2-10 Committee Deadline Established As May 19, 2017
- **2017-05-19** Postponed - Criminal Law
- **2017-05-19** Rule 2-10 Committee Deadline Established As May 26, 2017
- **2017-05-24** Do Pass Criminal Law; 010-000-000 `committee-passage`
- **2017-05-24** Placed on Calendar Order of 2nd Reading May 25, 2017
- **2017-05-25** Added as Alternate Chief Co-Sponsor Sen. Cristina Castro
- **2017-05-26** Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
- **2017-08-04** Pursuant to Senate Rule 3-9(b) / Referred to Assignments `referral-committee`
- **2017-11-08** Approved for Consideration Assignments
- **2017-11-08** Placed on Calendar Order of 2nd Reading November 8, 2017
- **2017-11-08** Second Reading `reading-2`
- **2017-11-08** Placed on Calendar Order of 3rd Reading November 9, 2017
- **2017-11-09** Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
- **2017-11-09** Third Reading - Passed; 048-002-000 `reading-3, passage`
- **2017-11-09** Passed Both Houses
- **2017-12-08** Sent to the Governor `executive-receipt`
- **2018-01-08** Governor Approved `executive-signature`
- **2018-01-08** Effective Date June 1, 2018
- **2018-01-08** Public Act . . . . . . . . . 100-0574 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/9efdc895-6669-4628-acb8-bb78be103541`. Confidence: reported (aggregated from official Illinois legislature records).