97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2041

 

Introduced 2/10/2011, by Sen. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 505/8  from Ch. 37, par. 439.8

    Amends the Court of Claims Act. Provides that the amount of an unjust imprisonment award shall be $85,000 multiplied by the number of years served in prison, expressed as a fraction to reflect partial years, plus any child support arrearage of the claimant resulting from support obligations that arose while the claimant was in prison (instead of a amount at the discretion of the court subject to certain maximums on the award and attorney's fees). Provides that a person who receives such an award may not bring or proceed with any action involving the same subject matter including the person's arrest, conviction, or confinement against the State or other governmental entities or their employees. Provides that any compensation under the provisions concerning unjust imprisonment shall be reduced by any amount received by the person in an award or settlement from any other action brought prior to receiving an award. Provides that the changes made by the amendatory Act apply to claims pending on or filed after the effective date. Effective immediately.


LRB097 07575 AJO 47686 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2041LRB097 07575 AJO 47686 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Court of Claims Act is amended by changing
5Section 8 as follows:
 
6    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
7    Sec. 8. Court of Claims jurisdiction; deliberation
8periods. The court shall have exclusive jurisdiction to hear
9and determine the following matters:
10    (a) All claims against the State founded upon any law of
11the State of Illinois or upon any regulation adopted thereunder
12by an executive or administrative officer or agency; provided,
13however, the court shall not have jurisdiction (i) to hear or
14determine claims arising under the Workers' Compensation Act or
15the Workers' Occupational Diseases Act, or claims for expenses
16in civil litigation, or (ii) to review administrative decisions
17for which a statute provides that review shall be in the
18circuit or appellate court.
19    (b) All claims against the State founded upon any contract
20entered into with the State of Illinois.
21    (c) All claims against the State for time unjustly served
22in prisons of this State when the person imprisoned received a
23pardon from the governor stating that such pardon is issued on

 

 

SB2041- 2 -LRB097 07575 AJO 47686 b

1the ground of innocence of the crime for which he or she was
2imprisoned or he or she received a certificate of innocence
3from the Circuit Court as provided in Section 2-702 of the Code
4of Civil Procedure; provided, the amount of the award shall be,
5subject to the limitations in this subsection (c), $85,000
6multiplied by the number of years served in prison, expressed
7as a fraction to reflect partial years, plus any child support
8arrearage of the claimant resulting from support obligations
9that arose while the claimant was in prison is at the
10discretion of the court; and provided, the court shall make no
11award in excess of the following amounts: for imprisonment of 5
12years or less, not more than $85,350; for imprisonment of 14
13years or less but over 5 years, not more than $170,000; for
14imprisonment of over 14 years, not more than $199,150; and
15provided further, the court shall fix attorney's fees not to
16exceed 25% of the award granted. On or after September 22, 2008
17(the effective date of Public Act 95-970) this amendatory Act
18of the 95th General Assembly, the court shall annually adjust
19the maximum awards authorized by this subsection (c) to reflect
20the increase, if any, in the Consumer Price Index For All Urban
21Consumers for the previous calendar year, as determined by the
22United States Department of Labor, except that no annual
23increment may exceed 5%. For the annual adjustments, if the
24Consumer Price Index decreases during a calendar year, there
25shall be no adjustment for that calendar year. The transmission
26by the Prisoner Review Board or the clerk of the circuit court

 

 

SB2041- 3 -LRB097 07575 AJO 47686 b

1of the information described in Section 11(b) to the clerk of
2the Court of Claims is conclusive evidence of the validity of
3the claim. The changes made by Public Act 95-970 this
4amendatory Act of the 95th General Assembly apply to all claims
5pending on or filed on or after September 22, 2008 the
6effective date. A person who receives compensation under this
7subsection (c) may not bring or proceed with any other action
8involving the same subject matter, including an action
9involving the person's arrest, conviction, or length of
10confinement, against the State, any unit of local government,
11or any employee of the State or a unit of local government. The
12compensation under this subsection (c) shall be reduced by any
13amounts received by the person as the result of an award or
14settlement from any such other action that was brought prior to
15receiving compensation under this subsection. The changes made
16by this amendatory Act of the 97th General Assembly apply to
17claims pending on or filed on or after the effective date of
18this amendatory Act.
19    (d) All claims against the State for damages in cases
20sounding in tort, if a like cause of action would lie against a
21private person or corporation in a civil suit, and all like
22claims sounding in tort against the Medical Center Commission,
23the Board of Trustees of the University of Illinois, the Board
24of Trustees of Southern Illinois University, the Board of
25Trustees of Chicago State University, the Board of Trustees of
26Eastern Illinois University, the Board of Trustees of Governors

 

 

SB2041- 4 -LRB097 07575 AJO 47686 b

1State University, the Board of Trustees of Illinois State
2University, the Board of Trustees of Northeastern Illinois
3University, the Board of Trustees of Northern Illinois
4University, the Board of Trustees of Western Illinois
5University, or the Board of Trustees of the Illinois
6Mathematics and Science Academy; provided, that an award for
7damages in a case sounding in tort, other than certain cases
8involving the operation of a State vehicle described in this
9paragraph, shall not exceed the sum of $100,000 to or for the
10benefit of any claimant. The $100,000 limit prescribed by this
11Section does not apply to an award of damages in any case
12sounding in tort arising out of the operation by a State
13employee of a vehicle owned, leased or controlled by the State.
14The defense that the State or the Medical Center Commission or
15the Board of Trustees of the University of Illinois, the Board
16of Trustees of Southern Illinois University, the Board of
17Trustees of Chicago State University, the Board of Trustees of
18Eastern Illinois University, the Board of Trustees of Governors
19State University, the Board of Trustees of Illinois State
20University, the Board of Trustees of Northeastern Illinois
21University, the Board of Trustees of Northern Illinois
22University, the Board of Trustees of Western Illinois
23University, or the Board of Trustees of the Illinois
24Mathematics and Science Academy is not liable for the
25negligence of its officers, agents, and employees in the course
26of their employment is not applicable to the hearing and

 

 

SB2041- 5 -LRB097 07575 AJO 47686 b

1determination of such claims.
2    (e) All claims for recoupment made by the State of Illinois
3against any claimant.
4    (f) All claims pursuant to the Line of Duty Compensation
5Act. A claim under that Act must be heard and determined within
6one year after the application for that claim is filed with the
7Court as provided in that Act.
8    (g) All claims filed pursuant to the Crime Victims
9Compensation Act.
10    (h) All claims pursuant to the Illinois National
11Guardsman's Compensation Act. A claim under that Act must be
12heard and determined within one year after the application for
13that claim is filed with the Court as provided in that Act.
14    (i) All claims authorized by subsection (a) of Section
1510-55 of the Illinois Administrative Procedure Act for the
16expenses incurred by a party in a contested case on the
17administrative level.
18(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.