Rep. Mary E. Flowers
Filed: 3/19/2021
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 87 




2    AMENDMENT NO. ______. Amend House Bill 87 by replacing 
3everything after the enacting clause with the following:




 
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 
11    of the State of
Illinois or upon any regulation adopted 
12    thereunder by an executive or
administrative officer or 
13    agency; provided, however, the court shall not have

14    jurisdiction (i) to hear or determine claims arising under

15    the Workers' Compensation Act or the Workers' Occupational 
16    Diseases Act, or
claims for expenses in civil litigation, 
 
 
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1    or (ii) to review administrative
decisions for which a 
2    statute provides that review shall be in the circuit or

3    appellate court.

4        (b) All claims against the State founded upon any 
5    contract entered
into with the State of Illinois.

6        (c) Except as provided in subsection (c-5), all All 
7    claims against the State for time unjustly served in 
8    prisons
of this State when
 the person

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

6    calendar year. The transmission by the Prisoner Review 
7    Board or the clerk of the circuit court of the information 
8    described in Section 11(b) to the clerk of the Court of 
9    Claims is conclusive evidence of the validity of the 
10    claim. The changes made by Public Act 95-970 this 
11    amendatory Act of the 95th General Assembly apply to all

12    claims pending on or filed on or after September 22, 2008 
13    (the effective date of Public Act 95-970).


14    (c-5) If a person who has received
 a pardon from
the 
15Governor or a certificate of innocence from the Circuit Court 
16as provided in Section 2-702 of the Code of Civil Procedure 
17establishes that he or she plead guilty to the crime for which 
18he or she was convicted due to a coerced confession, the court 
19shall make an award of $50,000 per year the person was 
20wrongfully imprisoned and shall prorate that amount for a 
21fraction of a year that the person was wrongfully imprisoned. 
22The court shall fix attorney's fees not to exceed 25% of the 
23award
granted. The court shall include the number of years the 
24person was imprisoned awaiting trial in its determination of 
25the award. The court shall include an additional $25,000 for 
26each year served on parole, probation, or registered as a sex 
 
 
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1offender after imprisonment. The court shall
annually adjust 
2the awards authorized by this subsection (c-5) 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 changes 
9made by this amendatory Act of the 102nd General Assembly 
10apply to all
claims pending on or filed on or after the 
11effective date. 
12        (d) All claims against the State for damages in cases 
13    sounding in tort, if
a like cause of action would lie 
14    against a private person or corporation in a
civil suit, 
15    and all like claims sounding in tort against the Medical 
16    Center
Commission, the Board of Trustees of the University 
17    of Illinois, the Board of
Trustees of Southern Illinois 
18    University, the Board of Trustees of Chicago
State 
19    University, the Board of Trustees of Eastern Illinois 
20    University, the
Board of Trustees of Governors State 
21    University, the Board of Trustees of
Illinois State 
22    University, the Board of Trustees of Northeastern Illinois

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

18    Trustees of Western Illinois University, or the Board of 
19    Trustees of the
Illinois Mathematics and Science Academy 
20    is not liable for the negligence of
its officers, agents, 
21    and employees in the course of their employment is not

22    applicable to the hearing and determination of such 
23    claims. The changes to this Section made by this 
24    amendatory Act of the 100th General Assembly apply only to 
25    claims filed on or after July 1, 2015.
26        The court shall
annually adjust the maximum awards 
 
 
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1    authorized by this subsection to reflect
the increase, if 
2    any, in the Consumer Price Index For All Urban Consumers 
3    for
the previous calendar year, as determined by the 
4    United States Department of
Labor. The Comptroller shall 
5    make the new amount resulting from each annual adjustment 
6    available to the public via the Comptroller's official 
7    website by January 31 of every year. 

8        (e) All claims for recoupment made by the State of 
9    Illinois against
any claimant.

10        (f) All claims pursuant to the Line of Duty 
11    Compensation
Act. A claim under that Act must be heard and 
12    determined within one year after the application for that 
13    claim is filed with the Court as provided in that Act. 

14        (g) All claims filed pursuant to the Crime Victims 
15    Compensation Act.

16        (h) All claims pursuant to the Illinois National 
17    Guardsman's Compensation
Act. A claim under that Act must 
18    be heard and determined within one year after the 
19    application for that claim is filed with the Court as 
20    provided in that Act. 

21        (i) All claims authorized by subsection (a) of Section 
22    10-55 of the Illinois
Administrative Procedure Act for the 
23    expenses incurred by a party in a
contested case on the 
24    administrative level.

25(Source: P.A. 100-1124, eff. 11-27-18.)


 
 
 
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1    Section 99. Effective date. This Act takes effect upon 
2becoming law.".