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HB0230 |
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LRB095 04122 RLC 24549 b |
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| adopt rules and
implement procedures to verify that any person |
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| seeking a preference under this
Section provides documentation |
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| or executes any consents or other documents
required by the |
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| Department of Central Management Services or any other State
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| Department or agency to enable that Department or agency to |
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| verify that the
person is entitled to the preference.
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| Section 10. The Department of Commerce and Economic |
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| Opportunity Law of the
Civil Administrative Code of Illinois is |
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| amended by adding Section 605-416 as follows: |
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| (20 ILCS 605/605-416 new)
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| Sec. 605-416. Persons unjustly imprisoned; job training |
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| and continuing education. The Department shall establish an |
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| individualized job training and continuing education program |
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| for each person if he or she has been discharged from a prison |
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| of this State; and if he or she has been
wrongfully accused of |
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| a crime for which he or she was imprisoned; and if either a |
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| court
of competent jurisdiction finds that the evidence that |
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| resulted in his or her
conviction was erroneous or
that new |
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| evidence indicates that the person did not commit the crime for |
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| which
he or she was imprisoned or the person received a pardon |
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| from the Governor stating that such pardon is issued on the |
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| ground of innocence of the crime for he or she was imprisoned.
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| Section 15. The Court of Claims Act is amended by changing
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| Sections 8, 11, 22, and 24 and by adding Section 24.5 as |
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| follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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| Sec. 8. Court of Claims jurisdiction. The court shall have |
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| exclusive
jurisdiction to hear and determine the following |
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| matters:
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| (a) All claims against the State founded upon any law of |
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| the State of
Illinois or upon any regulation adopted thereunder |
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| by an executive or
administrative officer or agency; provided, |
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| however, the court shall not have
jurisdiction (i) to hear or |
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| determine claims arising under
the Workers' Compensation Act or |
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| the Workers' Occupational Diseases Act, or
claims for expenses |
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| in civil litigation, or (ii) to review administrative
decisions |
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| for which a statute provides that review shall be in the |
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| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract |
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| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served |
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| in prisons
of this State when
where the person
persons
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| imprisoned (i) was wrongfully accused of the crime for which he |
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| or she was imprisoned and
a court of competent jurisdiction |
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| finds that the evidence that resulted in
his or her conviction |
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| was erroneous or that new evidence indicates that the
person |
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| did not commit the crime for which he or she was imprisoned, or |
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| (ii) the accused received
shall receive a pardon from
the |
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| governor stating that such pardon is issued on the ground of
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| innocence of the crime for which they were imprisoned; |
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| provided, the amount of the award is at the discretion of the |
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| court; and provided, the
court shall make no award in excess of |
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| the following amounts: for
imprisonment of 5 years or less, not |
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| more than $85,350
$15,000 ; for imprisonment
of 14 years or less |
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| but over 5 years, not more than $170,000
$30,000 ; for
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| imprisonment of over 14 years, not more than $199,150
$35,000 ; |
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| and provided
further, the court shall fix attorney's fees not |
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| to exceed 25% of the award
granted. On or after the effective |
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| date of this amendatory Act of the 95th General Assembly,
On |
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| December 31, 1996, the court shall make a one-time adjustment |
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| in the maximum awards
authorized by this subsection (c), to |
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| reflect the increase in the cost of
living from the year in |
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| which these maximum awards were last adjusted until
1996, but |
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| with no annual increment exceeding 5%. Thereafter, the court |
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| shall
annually adjust the maximum awards authorized by this |
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| subsection (c) to reflect
the increase, if any, in the Consumer |
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| Price Index For All Urban Consumers for
the previous calendar |
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| year, as determined by the United States Department of
Labor, |
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| except that no annual increment may exceed 5%. For both the |
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| one-time
adjustment and the subsequent annual adjustments, if |
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| the Consumer Price Index
decreases during a calendar year, |
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| there shall be no adjustment for that
calendar year. The |
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| changes made by this amendatory Act of the 95th General |
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| Assembly apply to all
claims pending on or filed on or after |
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| the effective date.
The changes made by Public Act 89-689 apply |
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| to all claims filed on or after January 1, 1995 that
are |
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| pending on December 31, 1996 and all claims filed on or after |
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| December 31, 1996.
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| (d) All claims against the State for damages in cases |
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| sounding in tort, if
a like cause of action would lie against a |
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| private person or corporation in a
civil suit, and all like |
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| claims sounding in tort against the Medical Center
Commission, |
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| the Board of Trustees of the University of Illinois, the Board |
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| of
Trustees of Southern Illinois University, the Board of |
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| Trustees of Chicago
State University, the Board of Trustees of |
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| Eastern Illinois University, the
Board of Trustees of Governors |
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| State University, the Board of Trustees of
Illinois State |
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| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois |
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| University, the Board
of Trustees of Western Illinois |
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| University, or the Board of Trustees of the
Illinois |
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| Mathematics and Science Academy; provided, that an award for |
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| damages
in a case sounding in tort, other than certain cases |
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| involving the operation
of a State vehicle described in this |
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| paragraph, shall not exceed the sum of
$100,000 to or for the |
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| benefit of
any claimant. The $100,000 limit prescribed by this |
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| Section does not
apply to an award of damages in any case |
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| sounding in tort arising out of
the operation by a State |
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| employee of a vehicle owned, leased or
controlled by the State. |
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| The defense that the State or the Medical
Center Commission or |
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LRB095 04122 RLC 24549 b |
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| the Board of Trustees of the University of Illinois, the
Board |
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| of Trustees of Southern Illinois University, the Board of |
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| Trustees of
Chicago State University, the Board of Trustees of |
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| Eastern Illinois University,
the Board of Trustees of Governors |
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| State University, the Board of Trustees of
Illinois State |
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| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois |
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| University, the Board of
Trustees of Western Illinois |
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| University, or the Board of Trustees of the
Illinois |
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| Mathematics and Science Academy is not liable for the |
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| negligence of
its officers, agents, and employees in the course |
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| of their employment is not
applicable to the hearing and |
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| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois |
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| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act.
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| (g) All claims filed pursuant to the Crime Victims |
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| Compensation Act.
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| (h) All claims pursuant to the Illinois National |
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| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section |
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| 10-55 of the Illinois
Administrative Procedure Act for the |
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| expenses incurred by a party in a
contested case on the |
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| administrative level.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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| Sec. 11. Filing claims.
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| (a) Except as otherwise provided in subsection (b) of this |
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| Section and
subsection (3) of Section 24,
the claimant shall in |
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| all cases set forth fully in his petition
the claim, the action |
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| thereon, if any, on behalf of the State, what persons
are |
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| owners thereof or interested therein, when and upon what |
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| consideration
such persons became so interested; that no |
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| assignment or transfer of the
claim or any part thereof or |
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| interest therein has been made, except as
stated in the |
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| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all |
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| just
credits; and that claimant believes the facts stated in |
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| the petition to be
true. The petition shall be verified, as to |
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| statements of facts, by the
affidavit of the claimant, his |
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| agent, or attorney.
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| (b) Whenever a person who has served a term of imprisonment |
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| and has been
discharged from prison because a court of |
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| competent jurisdiction has found
that the evidence that |
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| resulted in the person's conviction was erroneous or
that new |
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| evidence indicates that the person did not commit the crime for |
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| which
he or she was convicted, the clerk of the court of |
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| competent jurisdiction shall
transmit this information to the |
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| clerk of the Court of Claims. Whenever a person who has served |
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| a term of imprisonment and has received a pardon by the |
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| Governor stating that such pardon was issued on the ground of |
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| innocence of the crime for which he or she was imprisoned, the |
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| Governor shall transmit this information to the clerk of the |
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| Court of Claims. The clerk of
the
Court of Claims shall |
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| immediately docket the case for consideration by the
Court of |
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| Claims. The Court of Claims shall hear the case and render a |
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| decision
within 90 days after its docketing. The transmission |
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| by the clerk of the court
of competent jurisdiction or by the |
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| Governor of the information described in this subsection (b)
to |
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| the clerk of the Court
of Claims is conclusive evidence of the |
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| validity of the claim.
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| (Source: Laws 1945, p. 660.)
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not |
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| otherwise sooner
barred by law shall be forever barred from |
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| prosecution therein unless it
is filed with the Clerk of the |
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| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed |
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| within 5
years after it first accrues, saving to minors, and |
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| persons under legal
disability at the time the claim accrues, |
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| in which cases the claim must be
filed within 5 years from the |
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| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of |
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| goods or services
under "The Illinois Public Aid Code", |
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| approved April 11, 1967, as amended,
must file within one year |
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| after the accrual of the cause of action, as provided
in |
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| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of |
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| this Act
must
be automatically heard by the court
filed within |
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| 120
days
2 years after the person unjustly imprisoned
asserting |
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| such
claim is discharged
from prison without the person |
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| unjustly imprisoned being required to file a
petition under |
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| Section 11 of this Act
, or is granted a pardon by the |
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| Governor, whichever occurs later,
except as otherwise provided |
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| by the Crime Victims Compensation Act .
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| (d) All claims arising under paragraph (f) of Section 8 of |
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| this Act must
be filed within one year of the date of the death |
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| of the law enforcement
officer or fireman as provided in |
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| Section 3 of the "Law Enforcement
Officers and Firemen |
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| Compensation Act", approved September 30, 1969, as
amended.
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| (e) All claims arising under paragraph (h) of Section 8 of |
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| this Act must
be filed within one year of the date of the death |
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| of the guardsman or
militiaman as provided in Section 3 of the |
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| "Illinois National Guardsman's
and Naval Militiaman's |
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| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of |
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| this Act must
be filed within one year of the crime on which a |
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| claim is based as
provided in Section 6.1 of the "Crime Victims |
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| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to |
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| issue a
replacement warrant pursuant to Section 10.10 of the |
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LRB095 04122 RLC 24549 b |
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| State Comptroller Act
must be filed within 5 years after the |
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| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it |
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| first accrues,
saving to minors, and persons under legal |
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| disability at the time the claim
accrues, in which case the |
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| claim must be filed within 2 years from the time
the disability |
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| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall |
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| apply to all
warrants issued within the 5 year period preceding |
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| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the |
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| rules
promulgated under this Act shall be binding and |
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| jurisdictional, except upon
extension authorized by law or rule |
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| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the |
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| purposes
of this Section the Court may direct
immediate payment |
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| of:
|
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| (a) All claims arising solely as a result of the |
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| lapsing of an
appropriation out of which the obligation |
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| could have been paid.
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| (b) All claims pursuant to the "Law Enforcement |
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| Officers and Firemen
Compensation Act", approved September |
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| 30, 1969, as amended.
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| (c) All claims pursuant to the "Illinois National |
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| Guardsman's and
Naval Militiaman's Compensation Act", |
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| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims |
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| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of |
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| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated |
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| from the General
Revenue Fund for this purpose, direct the |
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| payment of awards less than $50,000
solely as a result
of the |
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| lapsing of an appropriation originally made from any fund held |
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| by the
State Treasurer. For any such award paid from the |
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| General Revenue Fund, the
court
shall thereafter seek an |
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| appropriation from the fund from which the liability
originally |
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| accrued in reimbursement of the General Revenue Fund.
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| (3) From funds appropriated by the General Assembly for the |
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| purposes of
paying claims under paragraph (c) of Section 8, the |
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| court must direct payment
of each claim and the payment must be |
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| received by the claimant within 60 days after the date that the |
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| funds are appropriated for that purpose.
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| (Source: P.A. 92-357, eff. 8-15-01.)
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| (705 ILCS 505/24.5 new)
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| Sec. 24.5. Reimbursement by county. Except in cases |
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| initiated by the Attorney General, in the case of an unjust |
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HB0230 |
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LRB095 04122 RLC 24549 b |
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| imprisonment where a judgment has been rendered against the |
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| State under this Act in favor of a person who was unjustly |
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| imprisoned, the county where the case for the imprisonment |
4 |
| originated shall reimburse the State for the full amount of the |
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| judgment. |
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| This amendatory Act of the 95th General Assembly shall |
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| apply to causes of action filed on or after its effective date.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |
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LRB095 04122 RLC 24549 b |
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INDEX
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|
Statutes amended in order of appearance
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| 3 |
| 20 ILCS 415/8b.7-5 new |
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| 4 |
| 20 ILCS 605/605-416 new |
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| 5 |
| 705 ILCS 505/8 |
from Ch. 37, par. 439.8 |
| 6 |
| 705 ILCS 505/11 |
from Ch. 37, par. 439.11 |
| 7 |
| 705 ILCS 505/22 |
from Ch. 37, par. 439.22 |
| 8 |
| 705 ILCS 505/24 |
from Ch. 37, par. 439.24 |
| 9 |
| 705 ILCS 505/24.5 new |
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