Sen. William Delgado
Filed: 3/5/2008
 
 

 




 

 		












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LRB095 04122 RLC 47648 a






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AMENDMENT TO HOUSE BILL 230




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    AMENDMENT NO. ______. Amend House Bill 230 on page 1, by 
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replacing lines 4 through 9 with the following:


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    "Section 5. The Public Employment Office Act is amended by 
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adding Section 2 as follows:
 
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    20 ILCS 1015/2


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    Sec. 2. Persons unjustly imprisoned; job training and 
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continuing education.  The Department of Employment Security 
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shall establish an"; and

 
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on page 1, by replacing lines 12 and 13 with the following:
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"of this State; and if the person"; and
 
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on page 2, by replacing lines 18 and 19 with the following:
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"imprisoned received shall receive a"; and
 
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on page 3, line 20, by inserting after "calendar year." the 
 


 






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following:
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"The transmission by the Prisoner Review Board or the clerk of 
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the circuit court of the information described in Section 11(b) 
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to the clerk of the Court of Claims is conclusive evidence of 
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the validity of the claim."; and
 
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on page 6, by replacing lines 14 through 26 with the following:
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    "(b) Whenever a person has served a term of imprisonment 
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and has received a pardon by the Governor stating that such 
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pardon was issued on the ground of innocence of the crime for 
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which he or she was imprisoned, the Prisoner Review Board shall 
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transmit this information to the clerk of the Court of Claims, 
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together with the claimant's current address. Whenever a person 
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has served a term of imprisonment and has received a 
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certificate of innocence from the Circuit Court as provided in 
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Section 2-702 of the Code of Civil Procedure, the clerk of the 
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issuing Circuit Court shall transmit this information to the 
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clerk of the Court of Claims, together with the claimant's 
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current address. 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, and shall provide notice to the claimant of such 
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docketing together with all hearing dates and applicable 
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deadlines. The Court of Claims shall hear the case and render a 
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decision within 90 days after its docketing."; and


 
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on page 7, by replacing lines 17 through 24 with the following:
 


 






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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 asserting such claim is 
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either issued a certificate of innocence from the Circuit Court 
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as provided in Section 2-702 of the Code of Civil Procedure 
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discharged from prison, or is granted a pardon by the Governor, 
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whichever occurs later, without the person asserting the claim 
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being required to file a petition under Section 11 of this Act, 
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except as otherwise provided by the Crime Victims Compensation 
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Act.  Any claims filed by the claimant under paragraph (c) of 
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Section 8 of this Act must be filed within 2 years after the 
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person asserting such claim is either issued a certificate of 
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innocence as provided in Section 2-702 of the Code of Civil 
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Procedure, or is granted a pardon by the Governor, whichever 
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occurs later."; and
 
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on page 14, by replacing line 9 with the following:
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"or she was incarcerated.  Upon entry of the certificate of 
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innocence, the clerk of the court shall transmit a copy of the 
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certificate of innocence to the clerk of the Court of Claims, 
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together with the claimant's current address.".