HB5306 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5306

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.855 new
705 ILCS 505/8  from Ch. 37, par. 439.8

    Amends the Court of Claims Act. Provides that in claims against the State for time unjustly served in prison, the court shall make an award of $50,000 per year the person was wrongfully imprisoned. Provides that the court shall include years the person was imprisoned awaiting trial in its determination of the award and it shall prorate years partially imprisoned. Provides that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Deletes language providing that the award amount is in the discretion of the judge, within certain parameters. Creates the Compensation for the Wrongfully Imprisoned Fund, a special fund in the State treasury. Provides that the Fund shall hold sufficient funds, appropriated by the General Assembly, to immediately pay the compensation awards to unjustly imprisoned persons as granted by the Court of Claims. Makes a corresponding change in the State Finance Act.


LRB098 18593 HEP 53734 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5306LRB098 18593 HEP 53734 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 State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Compensation for the Wrongfully Imprisoned
8Fund.
 
9    Section 10. The Court of Claims Act is amended by changing
10Section 8 as follows:
 
11    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
12    Sec. 8. Court of Claims jurisdiction; deliberation
13periods. The court shall have exclusive jurisdiction to hear
14and determine the following matters:
15    (a) All claims against the State founded upon any law of
16the State of Illinois or upon any regulation adopted thereunder
17by an executive or administrative officer or agency; provided,
18however, the court shall not have jurisdiction (i) to hear or
19determine claims arising under the Workers' Compensation Act or
20the Workers' Occupational Diseases Act, or claims for expenses
21in civil litigation, or (ii) to review administrative decisions

 

 

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1for which a statute provides that review shall be in the
2circuit or appellate court.
3    (b) All claims against the State founded upon any contract
4entered into with the State of Illinois.
5    (c) All claims against the State for time unjustly served
6in prisons of this State when the person imprisoned received a
7pardon from the governor stating that such pardon is issued on
8the ground of innocence of the crime for which he or she was
9imprisoned or he or she received a certificate of innocence
10from the Circuit Court as provided in Section 2-702 of the Code
11of Civil Procedure. The court shall make an award of $50,000
12per year the person was wrongfully imprisoned and shall prorate
13that amount for a fraction of a year that the person was
14wrongfully imprisoned. The ; provided, the amount of the award
15is at the discretion of the court; and provided, the court
16shall make no award in excess of the following amounts: for
17imprisonment of 5 years or less, not more than $85,350; for
18imprisonment of 14 years or less but over 5 years, not more
19than $170,000; for imprisonment of over 14 years, not more than
20$199,150; and provided further, the court shall fix attorney's
21fees not to exceed 25% of the award granted. The court shall
22include years the person was imprisoned awaiting trial in its
23determination of the award. The court shall include an
24additional $25,000 for each year served on parole, probation,
25or registered as a sex offender after imprisonment. The On or
26after the effective date of this amendatory Act of the 95th

 

 

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1General Assembly, the court shall annually adjust the maximum
2awards authorized by this subsection (c) to reflect the
3increase, if any, in the Consumer Price Index For All Urban
4Consumers for the previous calendar year, as determined by the
5United States Department of Labor, except that no annual
6increment may exceed 5%. For the annual adjustments, if the
7Consumer Price Index decreases during a calendar year, there
8shall be no adjustment for that calendar year. The transmission
9by the Prisoner Review Board or the clerk of the circuit court
10of the information described in Section 11(b) to the clerk of
11the Court of Claims is conclusive evidence of the validity of
12the claim. The changes made by this amendatory Act of the 95th
13General Assembly apply to all claims pending on or filed on or
14after the effective date.
15    The Compensation for the Wrongfully Imprisoned Fund is
16created as a special fund in the State treasury. The
17Compensation for the Wrongfully Imprisoned Fund shall hold
18sufficient funds, appropriated by the General Assembly, to
19immediately pay the compensation awards as granted by the Court
20of Claims. The appropriated funds in the Fund shall be paid out
21only to persons holding an award for compensation granted by
22the Court of Claims under this subsection (c).
23    (d) All claims against the State for damages in cases
24sounding in tort, if a like cause of action would lie against a
25private person or corporation in a civil suit, and all like
26claims sounding in tort against the Medical Center Commission,

 

 

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

 

 

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1University, or the Board of Trustees of the Illinois
2Mathematics and Science Academy is not liable for the
3negligence of its officers, agents, and employees in the course
4of their employment is not applicable to the hearing and
5determination of such claims.
6    (e) All claims for recoupment made by the State of Illinois
7against any claimant.
8    (f) All claims pursuant to the Line of Duty Compensation
9Act. A claim under that Act must be heard and determined within
10one year after the application for that claim is filed with the
11Court as provided in that Act.
12    (g) All claims filed pursuant to the Crime Victims
13Compensation Act.
14    (h) All claims pursuant to the Illinois National
15Guardsman's Compensation Act. A claim under that Act must be
16heard and determined within one year after the application for
17that claim is filed with the Court as provided in that Act.
18    (i) All claims authorized by subsection (a) of Section
1910-55 of the Illinois Administrative Procedure Act for the
20expenses incurred by a party in a contested case on the
21administrative level.
22(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)