CRIM-ACCOUNTABILITY-RELIEF
Summary
Amends the Criminal Code of 2012. Provides that a person is not accountable for the conduct of another if he or she was subjected to specific and credible coercion, compulsion, duress, or threats. Provides that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, changes the allegations a movant must establish when presenting a meritorious claim to: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was related to experiencing or the effects of gender-based violence; and (3) no substantial evidence or incomplete evidence of gender-based violence against the movant was presented at the movant's sentencing hearing. Changes the term "domestic violence" to "gender-based violence". Removes the definition of "intimate partner". Makes corresponding changes. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Criminal Code of 2012, removes language providing that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. In the Code of Civil Procedure, restores language providing that a movant may present a meritorious claim if the allegations in the petition establish that the evidence of domestic violence or gender-based 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. Restores the term "domestic violence". Defines "gender-based" violence. Restores the definition of "intimate partner". Makes other changes.
Bill status
failed
3 of 5 stages cleared
Introduction
Mar 2022
Committee Review
May 2022
House Passage
Mar 2022
Senate Passage
Governor
Introduced Mar 4, 2022
Last action Jan 10, 2023
Floor votes · House Mar 3, 2022
How they voted
63–35
Passed · 8 other
Total votes 106
Mar 3, 2022
D
Democratic63
98% Yea
R
Republican43
81% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
71
Key actions
7
Committee
13
Amendments
5
May 10, 2022
Committee
Pursuant to Senate Rule 3-9(b) / Referred to Assignments
upper
Mar 28, 2022
Upper · Passed
Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments.
upper
Mar 28, 2022
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Mar 28, 2022
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Melinda Bush
upper
Mar 25, 2022
Upper · Passed
Rule 2-10 Committee Deadline Established As April 4, 2022
upper
Mar 23, 2022
Committee
Assigned to Criminal Law
upper
Mar 4, 2022
Committee
Referred to Assignments
upper
Mar 4, 2022
Introduced
Arrive in Senate
upper
Mar 3, 2022
Lower · Passed
Third Reading - Short Debate - Passed 072-037-000
lower
Mar 3, 2022
Amended
House Floor Amendment No. 2 Tabled Pursuant to Rule 40
lower
Mar 3, 2022
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Mar 3, 2022
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000
lower
Mar 2, 2022
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
lower
Mar 1, 2022
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Mar 1, 2022
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
lower
Mar 1, 2022
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Mar 1, 2022
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
lower
Feb 15, 2022
Lower · Passed
Do Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
lower
Feb 9, 2022
Committee
Assigned to Judiciary - Criminal Committee
lower
Jan 27, 2022
Committee
Referred to Rules Committee
lower
2 primary · 34 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Don Harmon
DDemocratic
P
Kelly Cassidy
DDemocratic
Co
AO
Aarón Ortíz
DDemocratic
Co
Anne Stava
DDemocratic
Co
Barbara Hernandez
DDemocratic
Co
Camille Lilly
DDemocratic
Co
Celina Villanueva
DDemocratic
Co
Cristina H. Pacione-Zayas
DDemocratic
Co
Cyril Nichols
DDemocratic
Co
Dan Didech
DDemocratic
Co
Dee Avelar
DDemocratic
Co
Delia C. Ramirez
DDemocratic
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