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In Illinois, this is the first and only law allowing for such a re-sentencing. In 2009, the Texas legislature refused to pass a bill modeled after the British Infanticide Act of 1938. In lieu of prison or the death sentence, these women receive psychiatric treatment and rehabilitation.

Although eighty years have passed since The British Act became law, and it has been adopted in over twentycountries, nothing even approaching it has become law in any state in the U. The majority of nations that have infanticide laws have followed the British precedent (The British Infanticide Act of 1938) and decrease the penalty for mothers killing children under one year old (Friedman, SR and Resnick, PR. Illinois PA 100-0574 specifically names postpartum depression and postpartum psychosis as a mitigating factor.

In most states, this specifically meant a sentence could not be changed or challenged.

Only a few states have a law permitting reconsidering a validly imposed sentence. to enact a postpartum illness criminal law was an abject failure. K and more than 20 other countries (Australia, Austria, Brazil, Canada, Colombia, Finland, Germany, Greece, Hong Kong, India, Italy, Japan, Korea, New Zealand, Norway, Philippines, Sweden, Switzerland and Turkey), a woman who causes the death of her child, in the 12 months following delivery, is assumed to be mentally ill.

The Supreme Court’s mandated petition is limited to challenging trial errors that amount to a violation of the constitution.States that require screening include New Jersey (Findings, Declarations Relative to Postpartum Depression, 2006), Illinois (Perinatal Mental Health Disorders Prevention and Treatment Act, 2008), and West Virginia (Uniform Maternal Screening Act, 2009).Other states require education about postpartum depression including Texas (Relating to Information Provided to Parents of Newborn Children, 2005), Virginia (Certain Information Required for Maternity Patients, 2003), Minnesota (Postpartum Depression Education and Information, 2015), and Oregon (Relating to Perinatal Mental Health Disorders and Declaring an Emergency, 2011). Perinatal depression: A review of US legislation and law. doi: 2014: The California Legislative Women’s Caucus put forth Assembly Concurrent Resolution (ACR) 148 which was passed in 2014.There are approximately twenty Illinois women who were convicted and sentenced to life or decades in prison before the effects of this disease were well-known in the legal community.Now that Illinois has passed this new law, these women serving long or life-time sentences will be entitled to a new hearing that allows for re-evaluation and the possibility of a reduced sentence. These women need mental health treatment, not long prison sentences or life imprisonment without parole.

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