People v. Bowers, 2021 IL App (4th) 200509

In 1990 Laura Bowers pleaded guilty to first-degree murder and was sentenced to life imprisonment.
In 2015 the Illinois legislature added 735 ILCS 5/2-1401(b-5), allowing incarcerated survivors of domestic violence to seek resentencing by presenting evidence that the crime was related to prior abuse.
In December 2017 Bowers filed a pro se 2-1401(b-5) petition attaching an affidavit alleging spousal abuse by the victim.
The State moved to dismiss, arguing the petition was barred by the two‑year statute of limitations in 735 ILCS 5/2-1401(c).
The trial court granted the State’s motion in September 2020, concluding the two-year limitations period applied and Bowers’s petition was untimely; Bowers appealed.
The Fourth District affirmed, holding the plain language of §2-1401(c) imposes a two‑year bar that applied to Bowers’s petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the two‑year statute of limitations in 735 ILCS 5/2-1401(c) bars a §2-1401(b-5) petition filed by a defendant sentenced long before enactment	The State: §2-1401(c) plainly requires filing within two years of the judgment; b-5 is not listed as an exception, so the petition is untimely	Bowers: The structure and remedial purpose of b-5 (and its diligence requirement) show the legislature intended backward‑looking relief beyond two years; applying §2-1401(c) yields an absurd, inequitable result	The court: §2-1401(c)’s plain two‑year limitation applies; applying it is not absurd; petition is untimely; judgment affirmed

People v. McChriston, 4 N.E.3d 29 (Ill. 2014) (use plain statutory language to determine legislative intent)
People v. Witherspoon, 129 N.E.3d 1208 (Ill. 2019) (apply clear statutory language as written)
People v. Eppinger, 984 N.E.2d 475 (Ill. 2013) (courts may not read into statutes exceptions the legislature did not express)
People v. Revell, 372 Ill. App. 3d 981 (Ill. App. Ct. 2007) (courts may depart from literal language only to avoid truly absurd results)