| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning civil law.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Court of Claims Act is amended by changing | |||||||||||||||||||||||
5 | Sections 8 and 11 as follows:
| |||||||||||||||||||||||
6 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| |||||||||||||||||||||||
7 | Sec. 8. Court of Claims jurisdiction; deliberation | |||||||||||||||||||||||
8 | periods. The court shall have exclusive
jurisdiction to hear | |||||||||||||||||||||||
9 | and determine the following matters:
| |||||||||||||||||||||||
10 | (a) All claims against the State founded upon any law of | |||||||||||||||||||||||
11 | the State of
Illinois or upon any regulation adopted thereunder | |||||||||||||||||||||||
12 | by an executive or
administrative officer or agency; provided, | |||||||||||||||||||||||
13 | however, the court shall not have
jurisdiction (i) to hear or | |||||||||||||||||||||||
14 | determine claims arising under
the Workers' Compensation Act or | |||||||||||||||||||||||
15 | the Workers' Occupational Diseases Act, or
claims for expenses | |||||||||||||||||||||||
16 | in civil litigation, or (ii) to review administrative
decisions | |||||||||||||||||||||||
17 | for which a statute provides that review shall be in the | |||||||||||||||||||||||
18 | circuit or
appellate court.
| |||||||||||||||||||||||
19 | (b) All claims against the State founded upon any contract | |||||||||||||||||||||||
20 | entered
into with the State of Illinois.
| |||||||||||||||||||||||
21 | (c) All claims against the State for time unjustly served | |||||||||||||||||||||||
22 | in prisons
of this State or in a county jail when
the person
| |||||||||||||||||||||||
23 | imprisoned received
a pardon from
the governor stating that |
| |||||||
| |||||||
1 | such pardon is issued on the ground of
innocence of the crime | ||||||
2 | for which he or she was
imprisoned or he or she received a | ||||||
3 | certificate of innocence from the Circuit Court as provided in | ||||||
4 | Section 2-702 of the Code of Civil Procedure . The court shall | ||||||
5 | make an award of $50,000 per year the person was wrongfully | ||||||
6 | imprisoned and shall prorate that amount for a fraction of a | ||||||
7 | year that the person was wrongfully imprisoned. The court shall | ||||||
8 | fix attorney's fees not to exceed 25% of the award
granted. The | ||||||
9 | court shall include the number of years the person was | ||||||
10 | imprisoned awaiting trial in its determination of the award. | ||||||
11 | The court shall include an additional $25,000 for each year | ||||||
12 | served on parole, probation, or registered as a sex offender | ||||||
13 | after imprisonment. ; provided, the amount of the award is at | ||||||
14 | the discretion of the court; and provided, the
court shall make | ||||||
15 | no award in excess of the following amounts: for
imprisonment | ||||||
16 | of 5 years or less, not more than $85,350; for imprisonment
of | ||||||
17 | 14 years or less but over 5 years, not more than $170,000; for
| ||||||
18 | imprisonment of over 14 years, not more than $199,150; and | ||||||
19 | provided
further, the court shall fix attorney's fees not to | ||||||
20 | exceed 25% of the award
granted. On or after the effective date | ||||||
21 | of this amendatory Act of the 100th 95th General Assembly,
the | ||||||
22 | court shall
annually adjust the maximum awards authorized by | ||||||
23 | this subsection (c) to reflect
the increase, if any, in the | ||||||
24 | Consumer Price Index For All Urban Consumers for
the previous | ||||||
25 | calendar year, as determined by the United States Department of
| ||||||
26 | Labor, except that no annual increment may exceed 5%. For the |
| |||||||
| |||||||
1 | annual adjustments, if the Consumer Price Index
decreases | ||||||
2 | during a calendar year, there shall be no adjustment for that
| ||||||
3 | calendar year. The transmission by the Prisoner Review Board or | ||||||
4 | the clerk of the circuit court of the information described in | ||||||
5 | Section 11(b) to the clerk of the Court of Claims is conclusive | ||||||
6 | evidence of the validity of the claim. The changes made by this | ||||||
7 | amendatory Act of the 100th 95th General Assembly apply to all
| ||||||
8 | claims pending on or filed on or after the effective date.
| ||||||
9 | (d) All claims against the State for damages in cases | ||||||
10 | sounding in tort, if
a like cause of action would lie against a | ||||||
11 | private person or corporation in a
civil suit, and all like | ||||||
12 | claims sounding in tort against the Medical Center
Commission, | ||||||
13 | the Board of Trustees of the University of Illinois, the Board | ||||||
14 | of
Trustees of Southern Illinois University, the Board of | ||||||
15 | Trustees of Chicago
State University, the Board of Trustees of | ||||||
16 | Eastern Illinois University, the
Board of Trustees of Governors | ||||||
17 | State University, the Board of Trustees of
Illinois State | ||||||
18 | University, the Board of Trustees of Northeastern Illinois
| ||||||
19 | University, the Board of Trustees of Northern Illinois | ||||||
20 | University, the Board
of Trustees of Western Illinois | ||||||
21 | University, or the Board of Trustees of the
Illinois | ||||||
22 | Mathematics and Science Academy; provided, that an award for | ||||||
23 | damages
in a case sounding in tort, other than certain cases | ||||||
24 | involving the operation
of a State vehicle described in this | ||||||
25 | paragraph, shall not exceed the sum of
$100,000 to or for the | ||||||
26 | benefit of
any claimant. The $100,000 limit prescribed by this |
| |||||||
| |||||||
1 | Section does not
apply to an award of damages in any case | ||||||
2 | sounding in tort arising out of
the operation by a State | ||||||
3 | employee of a vehicle owned, leased or
controlled by the State. | ||||||
4 | The defense that the State or the Medical
Center Commission or | ||||||
5 | the Board of Trustees of the University of Illinois, the
Board | ||||||
6 | of Trustees of Southern Illinois University, the Board of | ||||||
7 | Trustees of
Chicago State University, the Board of Trustees of | ||||||
8 | Eastern Illinois University,
the Board of Trustees of Governors | ||||||
9 | State University, the Board of Trustees of
Illinois State | ||||||
10 | University, the Board of Trustees of Northeastern Illinois
| ||||||
11 | University, the Board of Trustees of Northern Illinois | ||||||
12 | University, the Board of
Trustees of Western Illinois | ||||||
13 | University, or the Board of Trustees of the
Illinois | ||||||
14 | Mathematics and Science Academy is not liable for the | ||||||
15 | negligence of
its officers, agents, and employees in the course | ||||||
16 | of their employment is not
applicable to the hearing and | ||||||
17 | determination of such claims.
| ||||||
18 | (e) All claims for recoupment made by the State of Illinois | ||||||
19 | against
any claimant.
| ||||||
20 | (f) All claims pursuant to the Line of Duty Compensation
| ||||||
21 | Act. A claim under that Act must be heard and determined within | ||||||
22 | one year after the application for that claim is filed with the | ||||||
23 | Court as provided in that Act.
| ||||||
24 | (g) All claims filed pursuant to the Crime Victims | ||||||
25 | Compensation Act.
| ||||||
26 | (h) All claims pursuant to the Illinois National |
| |||||||
| |||||||
1 | Guardsman's Compensation
Act. A claim under that Act must be | ||||||
2 | heard and determined within one year after the application for | ||||||
3 | that claim is filed with the Court as provided in that Act.
| ||||||
4 | (i) All claims authorized by subsection (a) of Section | ||||||
5 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
6 | expenses incurred by a party in a
contested case on the | ||||||
7 | administrative level.
| ||||||
8 | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
| ||||||
9 | (705 ILCS 505/11) (from Ch. 37, par. 439.11)
| ||||||
10 | Sec. 11. Filing claims.
| ||||||
11 | (a) Except as otherwise provided in subsection (b) of this | ||||||
12 | Section and
subsection (4)
of Section 24,
the claimant shall in | ||||||
13 | all cases set forth fully in his petition
the claim, the action | ||||||
14 | thereon, if any, on behalf of the State, what persons
are | ||||||
15 | owners thereof or interested therein, when and upon what | ||||||
16 | consideration
such persons became so interested; that no | ||||||
17 | assignment or transfer of the
claim or any part thereof or | ||||||
18 | interest therein has been made, except as
stated in the | ||||||
19 | petition; that the claimant is justly entitled to the amount
| ||||||
20 | therein claimed from the State of Illinois, after allowing all | ||||||
21 | just
credits; and that claimant believes the facts stated in | ||||||
22 | the petition to be
true. The petition shall be verified, as to | ||||||
23 | statements of facts, by the
affidavit of the claimant, his | ||||||
24 | agent, or attorney.
| ||||||
25 | (b) Whenever a person has served a term of imprisonment and |
| |||||||
| |||||||
1 | has received a pardon by the Governor stating that such pardon | ||||||
2 | was issued on the ground of innocence of the crime for which he | ||||||
3 | or she was imprisoned, the Prisoner Review Board shall transmit | ||||||
4 | this information to the clerk of the Court of Claims, together | ||||||
5 | with the claimant's current address. Whenever a person has | ||||||
6 | served a term of imprisonment or has been incarcerated as a | ||||||
7 | pretrial detainee and has received a certificate of innocence | ||||||
8 | from the Circuit Court as provided in Section 2-702 of the Code | ||||||
9 | of Civil Procedure, the clerk of the issuing Circuit Court | ||||||
10 | shall transmit this information to the clerk of the Court of | ||||||
11 | Claims, together with the claimant's current address. The clerk | ||||||
12 | of the Court of Claims shall immediately docket the case for | ||||||
13 | consideration by the Court of Claims, and shall provide notice | ||||||
14 | to the claimant of such docketing together with all hearing | ||||||
15 | dates and applicable deadlines. The Court of Claims shall hear | ||||||
16 | the case and render a decision within 90 days after its | ||||||
17 | docketing.
| ||||||
18 | (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
| ||||||
19 | Section 10. The Code of Civil Procedure is amended by | ||||||
20 | changing Section 2-702 as follows: | ||||||
21 | (735 ILCS 5/2-702) | ||||||
22 | Sec. 2-702. Petition for a certificate of innocence that | ||||||
23 | the petitioner was innocent of all offenses for which he or she | ||||||
24 | was incarcerated. |
| |||||||
| |||||||
1 | (a) The General Assembly finds and declares that innocent | ||||||
2 | persons who have been wrongly charged with or convicted of | ||||||
3 | crimes in Illinois and subsequently have been incarcerated | ||||||
4 | prior to trial or imprisoned have been frustrated in seeking | ||||||
5 | legal redress due to a variety of substantive and technical | ||||||
6 | obstacles in the law and that such persons should have an | ||||||
7 | available avenue to obtain a finding of innocence so that they | ||||||
8 | may obtain relief through a petition in the Court of Claims. | ||||||
9 | The General Assembly further finds misleading the current legal | ||||||
10 | nomenclature which compels an innocent person to seek a pardon | ||||||
11 | for being wrongfully incarcerated. It is the intent of the | ||||||
12 | General Assembly that the court, in exercising its discretion | ||||||
13 | as permitted by law regarding the weight and admissibility of | ||||||
14 | evidence submitted pursuant to this Section, shall, in the | ||||||
15 | interest of justice, give due consideration to difficulties of | ||||||
16 | proof caused by the passage of time, the death or | ||||||
17 | unavailability of witnesses, the destruction of evidence or | ||||||
18 | other factors not caused by such persons or those acting on | ||||||
19 | their behalf. | ||||||
20 | (b) Any person criminally prosecuted and incarcerated | ||||||
21 | prior to trial or convicted and subsequently imprisoned for one | ||||||
22 | or more felonies by the State of Illinois which he or she did | ||||||
23 | not commit may, under the conditions hereinafter provided, file | ||||||
24 | a petition for certificate of innocence in the circuit court of | ||||||
25 | the county in which the person was convicted or incarcerated | ||||||
26 | prior to trial . The petition shall request a certificate of |
| |||||||
| |||||||
1 | innocence finding that the petitioner was innocent of all | ||||||
2 | offenses for which he or she was incarcerated. | ||||||
3 | (c) In order to present the claim for certificate of | ||||||
4 | innocence of an unjust conviction and imprisonment or pretrial | ||||||
5 | incarceration , the petitioner must attach to his or her | ||||||
6 | petition documentation demonstrating that: | ||||||
7 | (1) he or she has been convicted of one or more | ||||||
8 | felonies by the State of Illinois and subsequently | ||||||
9 | sentenced to a term of imprisonment, and has served all or | ||||||
10 | any part of the sentence , or he or she was incarcerated | ||||||
11 | prior to trial and the case resulted in a dismissal or | ||||||
12 | acquittal of the charge or charges ; and | ||||||
13 | (2) if convicted, his or her judgment of conviction was | ||||||
14 | reversed or vacated, and the indictment or information | ||||||
15 | dismissed or, if a new trial was ordered, either he or she | ||||||
16 | was found not guilty at the new trial or he or she was not | ||||||
17 | retried and the indictment or information dismissed; or the | ||||||
18 | statute, or application thereof, on which the indictment or | ||||||
19 | information was based violated the Constitution of the | ||||||
20 | United States or the State of Illinois; and | ||||||
21 | (3) his or her claim is not time barred by the | ||||||
22 | provisions of subsection (i) of this Section. | ||||||
23 | (d) The petition shall state facts in sufficient detail to | ||||||
24 | permit the court to find that the petitioner is likely to | ||||||
25 | succeed at trial in proving that the petitioner is innocent of | ||||||
26 | the offenses charged in the indictment or information or his or |
| |||||||
| |||||||
1 | her acts or omissions charged in the indictment or information | ||||||
2 | did not constitute a felony or misdemeanor against the State of | ||||||
3 | Illinois, and the petitioner did not by his or her own conduct | ||||||
4 | voluntarily cause or bring about his or her conviction. The | ||||||
5 | petition shall be verified by the petitioner. | ||||||
6 | (e) A copy of the petition shall be served on the Attorney | ||||||
7 | General and the State's Attorney of the county where the | ||||||
8 | conviction was had. The Attorney General and the State's | ||||||
9 | Attorney of the county where the conviction was had shall have | ||||||
10 | the right to intervene as parties. | ||||||
11 | (f) In any hearing seeking a certificate of innocence, the | ||||||
12 | court may take judicial notice of prior sworn testimony or | ||||||
13 | evidence admitted in the criminal proceedings related to the | ||||||
14 | charges or convictions which resulted in the alleged wrongful | ||||||
15 | incarceration, if the petitioner was either represented by | ||||||
16 | counsel at such prior proceedings or the right to counsel was | ||||||
17 | knowingly waived. | ||||||
18 | (g) If the petitioner was imprisoned because of a | ||||||
19 | conviction, in In order to obtain a certificate of innocence | ||||||
20 | the petitioner must prove by a preponderance of evidence that: | ||||||
21 | (1) the petitioner was convicted of one or more | ||||||
22 | felonies by the State of Illinois and subsequently | ||||||
23 | sentenced to a term of imprisonment, and has served all or | ||||||
24 | any part of the sentence; | ||||||
25 | (2)(A) the judgment of conviction was reversed or | ||||||
26 | vacated, and the indictment or information dismissed or, if |
| |||||||
| |||||||
1 | a new trial was ordered, either the petitioner was found | ||||||
2 | not guilty at the new trial or the petitioner was not | ||||||
3 | retried and the indictment or information dismissed; or (B) | ||||||
4 | the statute, or application thereof, on which the | ||||||
5 | indictment or information was based violated the | ||||||
6 | Constitution of the United States or the State of Illinois; | ||||||
7 | (3) the petitioner is innocent of the offenses charged | ||||||
8 | in the indictment or information or his or her acts or | ||||||
9 | omissions charged in the indictment or information did not | ||||||
10 | constitute a felony or misdemeanor against the State; and | ||||||
11 | (4) the petitioner did not by his or her own conduct
| ||||||
12 | voluntarily cause or bring about his or her conviction. | ||||||
13 | (g-5) If the petitioner was incarcerated prior to trial but | ||||||
14 | not convicted, in order to obtain a certificate of innocence | ||||||
15 | the petitioner must prove by a preponderance of evidence that: | ||||||
16 | (1) the petitioner was incarcerated prior to trial in a | ||||||
17 | prosecution which resulted in an acquittal or dismissal; | ||||||
18 | (2) the prosecution did not result in a conviction of a | ||||||
19 | lesser included offense; | ||||||
20 | (3) the petitioner is innocent of the charges on which | ||||||
21 | the petitioner's pretrial detention was based, or the | ||||||
22 | charges did not constitute a felony or misdemeanor against | ||||||
23 | the State; and | ||||||
24 | (4) the petitioner did not by his or her own conduct | ||||||
25 | voluntarily cause or bring about the charges which resulted | ||||||
26 | in his or her pretrial incarceration. |
| |||||||
| |||||||
1 | (h) If the court finds that the petitioner is entitled to a
| ||||||
2 | judgment, it shall enter a certificate of innocence finding | ||||||
3 | that
the petitioner was innocent of all offenses for which he | ||||||
4 | or she was incarcerated. Upon entry of the certificate of | ||||||
5 | innocence or pardon from the Governor stating that such pardon | ||||||
6 | was issued on the ground of innocence of the crime for which he | ||||||
7 | or she was incarcerated prior to trial or imprisoned, (1) the | ||||||
8 | clerk of the court shall transmit a copy of the certificate of | ||||||
9 | innocence to the clerk of the Court of Claims, together with | ||||||
10 | the claimant's current address; and (2) the court shall enter | ||||||
11 | an order expunging the record of arrest from the
official | ||||||
12 | records of the
arresting authority and order that the records | ||||||
13 | of the clerk of the circuit
court and Department of
State | ||||||
14 | Police be sealed until further order of the court upon good | ||||||
15 | cause shown
or as otherwise provided
herein, and the name of | ||||||
16 | the defendant obliterated from the official index
requested to | ||||||
17 | be kept by the
circuit court clerk under Section 16 of the | ||||||
18 | Clerks of Courts Act in connection
with the arrest and
| ||||||
19 | conviction for the offense but the order shall not affect any | ||||||
20 | index issued by
the circuit court clerk before the entry of the | ||||||
21 | order. The court shall enter the expungement order regardless | ||||||
22 | of whether the petitioner has prior criminal convictions. | ||||||
23 | All records sealed by the Department of State Police may be
| ||||||
24 | disseminated by the Department only as required by law or to | ||||||
25 | the arresting
authority, the State's Attorney, the court upon a | ||||||
26 | later arrest for the same or
similar offense, or for the |
| |||||||
| |||||||
1 | purpose of sentencing for any subsequent felony.
Upon | ||||||
2 | conviction for any subsequent offense, the Department of | ||||||
3 | Corrections shall
have access to all sealed records of the | ||||||
4 | Department
pertaining to that individual. | ||||||
5 | Upon entry of the order of expungement, the clerk of the | ||||||
6 | circuit court shall
promptly mail a copy of the order to the | ||||||
7 | person whose records were expunged and
sealed. | ||||||
8 | (i) Any person seeking a certificate of innocence under | ||||||
9 | this
Section based on the dismissal of an indictment or | ||||||
10 | information
or acquittal that occurred before the effective | ||||||
11 | date of this
amendatory Act of the 95th General Assembly shall | ||||||
12 | file his or
her petition within 2 years after the effective | ||||||
13 | date of this
amendatory Act of the 95th General Assembly. Any | ||||||
14 | person seeking
a certificate of innocence under this Section | ||||||
15 | based on the
dismissal of an indictment or information or | ||||||
16 | acquittal that
occurred on or after the effective date of this | ||||||
17 | amendatory Act
of the 95th General Assembly shall file his or | ||||||
18 | her petition
within 2 years after the dismissal. | ||||||
19 | (j) The decision to grant or deny a certificate of | ||||||
20 | innocence shall be binding only with respect to claims filed in | ||||||
21 | the Court of Claims and shall not have a res judicata effect on | ||||||
22 | any other proceedings.
| ||||||
23 | (Source: P.A. 98-133, eff. 1-1-14.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law. |