|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1016 Introduced 1/12/2023, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 705 ILCS 505/8 | from Ch. 37, par. 439.8 | 705 ILCS 505/11 | from Ch. 37, par. 439.11 | 735 ILCS 5/2-702 | |
|
Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated for 30 days or longer prior to trial for one or more felonies by the State which he or she did not commit may file a petition for a certificate of innocence. Provides that the petitioner must prove that: the petitioner was incarcerated prior to trial in a prosecution that resulted in an acquittal or dismissal; the prosecution did not result in a conviction of a lesser included offense; the petitioner is innocent of the charges on which the petitioner's pretrial detention was based, or the charges did not constitute a felony or misdemeanor; and the petitioner did not by his or her own conduct voluntarily cause or bring about the charges that resulted in his or her pretrial incarceration. Amends the Court of Claims Act. Provides that a person who has been issued a certificate of innocence may file a claim against the State for time unjustly served in pretrial incarceration in a county jail. Provides that the Court of Claims shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned (rather than "the amount of the award is at the discretion of the court; and provided, the
court shall make no award in excess of the following amounts: for
imprisonment of 5 years or less, not more than $85,350; for imprisonment
of 14 years or less but over 5 years, not more than $170,000; for
imprisonment of over 14 years, not more than $199,150"). Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination and an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | HB1016 | | LRB103 04849 LNS 49859 b |
|
|
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 |
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, |
17 | | or (ii) to review administrative
decisions for which a |
18 | | statute provides that review shall be in the circuit or
|
19 | | appellate court.
|
20 | | (b) All claims against the State founded upon any |
21 | | contract entered
into with the State of Illinois.
|
22 | | (c) All claims against the State for time unjustly |
23 | | served in prisons
of this State or in a county jail when
|
|
| | HB1016 | - 2 - | LRB103 04849 LNS 49859 b |
|
|
1 | | the person
imprisoned received
a pardon from
the Governor |
2 | | stating that such pardon is issued on the ground of
|
3 | | innocence of the crime for which he or she was
imprisoned |
4 | | or he or she received a certificate of innocence from the |
5 | | Circuit Court as provided in Section 2-702 of the Code of |
6 | | Civil Procedure . The court shall make an award of $50,000 |
7 | | per year during which the person was wrongfully imprisoned |
8 | | and shall prorate that amount for a fraction of a year that |
9 | | the person was wrongfully imprisoned. The court shall fix |
10 | | attorney's fees not to exceed 25% of the award
granted. |
11 | | The court shall include the number of years the person was |
12 | | imprisoned awaiting trial in its determination of the |
13 | | award. The court shall include an additional $25,000 for |
14 | | each year served on parole, probation, or registered as a |
15 | | sex offender after imprisonment. The ; provided, the amount |
16 | | of the award is at the discretion of the court; and |
17 | | provided, the
court shall make no award in excess of the |
18 | | following amounts: for
imprisonment of 5 years or less, |
19 | | not more than $85,350; for imprisonment
of 14 years or |
20 | | less but over 5 years, not more than $170,000; for
|
21 | | imprisonment of over 14 years, not more than $199,150; and |
22 | | provided
further, the court shall fix attorney's fees not |
23 | | to exceed 25% of the award
granted. On or after the |
24 | | effective date of this amendatory Act of the 95th General |
25 | | Assembly,
the court shall
annually adjust the maximum |
26 | | awards authorized by this subsection (c) to reflect
the |
|
| | HB1016 | - 3 - | LRB103 04849 LNS 49859 b |
|
|
1 | | increase, if any, in the Consumer Price Index For All |
2 | | Urban Consumers for
the previous calendar year, as |
3 | | determined by the United States Department of
Labor, |
4 | | except that no annual increment may exceed 5%. For the |
5 | | annual adjustments, if the Consumer Price Index
decreases |
6 | | during a calendar year, there shall be no adjustment for |
7 | | that
calendar year. The transmission by the Prisoner |
8 | | Review Board or the clerk of the circuit court of the |
9 | | information described in Section 11(b) to the clerk of the |
10 | | Court of Claims is conclusive evidence of the validity of |
11 | | the claim. The changes made by Public Act 95-970 this |
12 | | amendatory Act of the 95th General Assembly apply to all
|
13 | | claims pending on or filed on or after September 22, 2008 |
14 | | ( the effective date of Public Act 95-970). The changes |
15 | | made by this amendatory Act of the 103rd General Assembly |
16 | | apply to all claims pending or filed on or after the |
17 | | effective date of this amendatory Act of the 103rd General |
18 | | Assembly .
|
19 | | (d) All claims against the State for damages in cases |
20 | | sounding in tort, if
a like cause of action would lie |
21 | | against a private person or corporation in a
civil suit, |
22 | | and all like claims sounding in tort against the Medical |
23 | | Center
Commission, the Board of Trustees of the University |
24 | | of Illinois, the Board of
Trustees of Southern Illinois |
25 | | University, the Board of Trustees of Chicago
State |
26 | | University, the Board of Trustees of Eastern Illinois |
|
| | HB1016 | - 4 - | LRB103 04849 LNS 49859 b |
|
|
1 | | University, the
Board of Trustees of Governors State |
2 | | University, the Board of Trustees of
Illinois State |
3 | | University, the Board of Trustees of Northeastern Illinois
|
4 | | University, the Board of Trustees of Northern Illinois |
5 | | University, the Board
of Trustees of Western Illinois |
6 | | University, or the Board of Trustees of the
Illinois |
7 | | Mathematics and Science Academy; provided, that an award |
8 | | for damages
in a case sounding in tort, other than certain |
9 | | cases involving the operation
of a State vehicle described |
10 | | in this paragraph, shall not exceed the sum of $2,000,000
|
11 | | to or for the benefit of
any claimant. The $2,000,000 |
12 | | limit prescribed by this Section does not
apply to an |
13 | | award of damages in any case sounding in tort arising out |
14 | | of
the operation by a State employee of a vehicle owned, |
15 | | leased or
controlled by the State. The defense that the |
16 | | State or the Medical
Center Commission or the Board of |
17 | | Trustees of the University of Illinois, the
Board of |
18 | | Trustees of Southern Illinois University, the Board of |
19 | | Trustees of
Chicago State University, the Board of |
20 | | Trustees of Eastern Illinois University,
the Board of |
21 | | Trustees of Governors State University, the Board of |
22 | | Trustees of
Illinois State University, the Board of |
23 | | Trustees of Northeastern Illinois
University, the Board of |
24 | | Trustees of Northern Illinois University, the Board of
|
25 | | Trustees of Western Illinois University, or the Board of |
26 | | Trustees of the
Illinois Mathematics and Science Academy |
|
| | HB1016 | - 5 - | LRB103 04849 LNS 49859 b |
|
|
1 | | is not liable for the negligence of
its officers, agents, |
2 | | and employees in the course of their employment is not
|
3 | | applicable to the hearing and determination of such |
4 | | claims. The changes to this Section made by this |
5 | | amendatory Act of the 100th General Assembly apply only to |
6 | | claims filed on or after July 1, 2015. |
7 | | The court shall
annually adjust the maximum awards |
8 | | authorized by this subsection to reflect
the increase, if |
9 | | any, in the Consumer Price Index For All Urban Consumers |
10 | | for
the previous calendar year, as determined by the |
11 | | United States Department of
Labor. The Comptroller shall |
12 | | make the new amount resulting from each annual adjustment |
13 | | available to the public via the Comptroller's official |
14 | | website by January 31 of every year.
|
15 | | (e) All claims for recoupment made by the State of |
16 | | Illinois against
any claimant.
|
17 | | (f) All claims pursuant to the Line of Duty |
18 | | Compensation
Act. A claim under that Act must be heard and |
19 | | determined within one year after the application for that |
20 | | claim is filed with the Court as provided in that Act.
|
21 | | (g) All claims filed pursuant to the Crime Victims |
22 | | Compensation Act.
|
23 | | (h) All claims pursuant to the Illinois National |
24 | | Guardsman's Compensation
Act. A claim under that Act must |
25 | | be heard and determined within one year after the |
26 | | application for that claim is filed with the Court as |
|
| | HB1016 | - 6 - | LRB103 04849 LNS 49859 b |
|
|
1 | | provided in that Act.
|
2 | | (i) All claims authorized by subsection (a) of Section |
3 | | 10-55 of the Illinois
Administrative Procedure Act for the |
4 | | expenses incurred by a party in a
contested case on the |
5 | | administrative level.
|
6 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
|
7 | | (705 ILCS 505/11) (from Ch. 37, par. 439.11)
|
8 | | Sec. 11. Filing claims.
|
9 | | (a) Except as otherwise provided in subsection (b) of this |
10 | | Section and
subsection (4)
of Section 24,
the claimant shall |
11 | | in all cases set forth fully in his petition
the claim, the |
12 | | action thereon, if any, on behalf of the State, what persons
|
13 | | are owners thereof or interested therein, when and upon what |
14 | | consideration
such persons became so interested; that no |
15 | | assignment or transfer of the
claim or any part thereof or |
16 | | interest therein has been made, except as
stated in the |
17 | | petition; that the claimant is justly entitled to the amount
|
18 | | therein claimed from the State of Illinois, after allowing all |
19 | | just
credits; and that claimant believes the facts stated in |
20 | | the petition to be
true. The petition shall be verified, as to |
21 | | statements of facts, by the
affidavit of the claimant, his |
22 | | agent, or attorney.
|
23 | | (b) Whenever a person has served a term of imprisonment |
24 | | and has received a pardon by the Governor stating that such |
25 | | pardon was issued on the ground of innocence of the crime for |
|
| | HB1016 | - 7 - | LRB103 04849 LNS 49859 b |
|
|
1 | | which he or she was imprisoned, the Prisoner Review Board |
2 | | shall transmit this information to the clerk of the Court of |
3 | | Claims, together with the claimant's current address. Whenever |
4 | | a person has served a term of imprisonment or has been |
5 | | incarcerated as a pretrial detainee and has received a |
6 | | certificate of innocence from the Circuit Court as provided in |
7 | | Section 2-702 of the Code of Civil Procedure, the clerk of the |
8 | | issuing Circuit Court shall transmit this information to the |
9 | | clerk of the Court of Claims, together with the claimant's |
10 | | current address. The clerk of the Court of Claims shall |
11 | | immediately docket the case for consideration by the Court of |
12 | | Claims, and shall provide notice to the claimant of such |
13 | | docketing together with all hearing dates and applicable |
14 | | deadlines. The Court of Claims shall hear the case and render a |
15 | | decision within 90 days after its docketing.
|
16 | | (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
|
17 | | Section 10. The Code of Civil Procedure is amended by |
18 | | changing Section 2-702 as follows: |
19 | | (735 ILCS 5/2-702) |
20 | | Sec. 2-702. Petition for a certificate of innocence that |
21 | | the petitioner was innocent of all offenses for which he or she |
22 | | was incarcerated. |
23 | | (a) The General Assembly finds and declares that innocent |
24 | | persons who have been wrongly charged with or convicted of |
|
| | HB1016 | - 8 - | LRB103 04849 LNS 49859 b |
|
|
1 | | crimes in Illinois and subsequently have been incarcerated |
2 | | prior to trial or imprisoned have been frustrated in seeking |
3 | | legal redress due to a variety of substantive and technical |
4 | | obstacles in the law and that such persons should have an |
5 | | available avenue to obtain a finding of innocence so that they |
6 | | may obtain relief through a petition in the Court of Claims. |
7 | | The General Assembly further finds misleading the current |
8 | | legal nomenclature which compels an innocent person to seek a |
9 | | pardon for being wrongfully incarcerated. It is the intent of |
10 | | the General Assembly that the court, in exercising its |
11 | | discretion as permitted by law regarding the weight and |
12 | | admissibility of evidence submitted pursuant to this Section, |
13 | | shall, in the interest of justice, give due consideration to |
14 | | difficulties of proof caused by the passage of time, the death |
15 | | or unavailability of witnesses, the destruction of evidence or |
16 | | other factors not caused by such persons or those acting on |
17 | | their behalf. |
18 | | (b) Any person criminally prosecuted and incarcerated |
19 | | prior to trial or convicted and subsequently imprisoned for |
20 | | one or more felonies by the State of Illinois which he or she |
21 | | did not commit may, under the conditions hereinafter provided, |
22 | | file a petition for certificate of innocence in the circuit |
23 | | court of the county in which the person was convicted or |
24 | | incarcerated prior to trial . The petition shall request a |
25 | | certificate of innocence finding that the petitioner was |
26 | | innocent of all offenses for which he or she was incarcerated. |
|
| | HB1016 | - 9 - | LRB103 04849 LNS 49859 b |
|
|
1 | | (c) In order to present the claim for certificate of |
2 | | innocence of an unjust conviction and imprisonment or pretrial |
3 | | incarceration , the petitioner must attach to his or her |
4 | | petition documentation demonstrating that: |
5 | | (1) he or she has been convicted of one or more |
6 | | felonies by the State of Illinois and subsequently |
7 | | sentenced to a term of imprisonment, and has served all or |
8 | | any part of the sentence , or he or she was incarcerated |
9 | | prior to trial for 30 days or longer and the case resulted |
10 | | in a dismissal or acquittal of the charge or charges, but |
11 | | did not result in a conviction for a lesser included |
12 | | offense ; and |
13 | | (2) if convicted, his or her judgment of conviction |
14 | | was 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 |
18 | | the statute, or application thereof, on which the |
19 | | indictment or information was based violated the |
20 | | Constitution of the United States or the State of |
21 | | Illinois; and |
22 | | (3) his or her claim is not time barred by the |
23 | | provisions of subsection (i) of this Section. |
24 | | (d) The petition shall state facts in sufficient detail to |
25 | | permit the court to find that the petitioner is likely to |
26 | | succeed at trial in proving that the petitioner is innocent of |
|
| | HB1016 | - 10 - | LRB103 04849 LNS 49859 b |
|
|
1 | | the offenses charged in the indictment or information or his |
2 | | or her acts or omissions charged in the indictment or |
3 | | information did not constitute a felony or misdemeanor against |
4 | | the State of Illinois, and the petitioner did not by his or her |
5 | | own conduct voluntarily cause or bring about his or her |
6 | | conviction. The petition shall be verified by the petitioner. |
7 | | (e) A copy of the petition shall be served on the Attorney |
8 | | General and the State's Attorney of the county where the |
9 | | conviction was had. The Attorney General and the State's |
10 | | Attorney of the county where the conviction was had shall have |
11 | | the right to intervene as parties. |
12 | | (f) In any hearing seeking a certificate of innocence, the |
13 | | court may take judicial notice of prior sworn testimony or |
14 | | evidence admitted in the criminal proceedings related to the |
15 | | charges or convictions which resulted in the alleged wrongful |
16 | | incarceration, if the petitioner was either represented by |
17 | | counsel at such prior proceedings or the right to counsel was |
18 | | knowingly waived. |
19 | | (g) In order to obtain a certificate of innocence the |
20 | | 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 | | (g-5) If the petitioner was incarcerated prior to trial |
26 | | for 30 days or longer but not convicted of any of the charged |
|
| | HB1016 | - 11 - | LRB103 04849 LNS 49859 b |
|
|
1 | | offenses or a lesser included offense, in order to obtain a |
2 | | certificate of innocence, the petitioner must prove by a |
3 | | preponderance of evidence that: |
4 | | (1) the petitioner was incarcerated prior to trial for |
5 | | 30 days or longer in a prosecution that resulted in an |
6 | | acquittal or dismissal; |
7 | | (2) the prosecution did not result in a conviction of |
8 | | a lesser included offense; |
9 | | (3) the petitioner is innocent of the charges on which |
10 | | the petitioner's pretrial detention was based, or the |
11 | | charges did not constitute a felony or misdemeanor; and |
12 | | (4) the petitioner did not by his or her own conduct |
13 | | voluntarily cause or bring about the charges that resulted |
14 | | in his or her pretrial incarceration. |
15 | | (2)(A) the judgment of conviction was reversed or |
16 | | vacated, and the indictment or information dismissed or, |
17 | | if a new trial was ordered, either the petitioner was |
18 | | found not guilty at the new trial or the petitioner was not |
19 | | retried and the indictment or information dismissed; or |
20 | | (B) the statute, or application thereof, on which the |
21 | | indictment or information was based violated the |
22 | | Constitution of the United States or the State of |
23 | | Illinois; |
24 | | (3) the petitioner is innocent of the offenses charged |
25 | | in the indictment or information or his or her acts or |
26 | | omissions charged in the indictment or information did not |
|
| | HB1016 | - 12 - | LRB103 04849 LNS 49859 b |
|
|
1 | | constitute a felony or misdemeanor against the State; and |
2 | | (4) the petitioner did not by his or her own conduct
|
3 | | voluntarily cause or bring about his or her conviction. |
4 | | (h) If the court finds that the petitioner is entitled to a
|
5 | | judgment, it shall enter a certificate of innocence finding |
6 | | that
the petitioner was innocent of all offenses for which he |
7 | | or she was incarcerated. Upon entry of the certificate of |
8 | | innocence or pardon from the Governor stating that such pardon |
9 | | was issued on the ground of innocence of the crime for which he |
10 | | or she was incarcerated prior to trial or imprisoned, (1) the |
11 | | clerk of the court shall transmit a copy of the certificate of |
12 | | innocence to the clerk of the Court of Claims, together with |
13 | | the claimant's current address; and (2) the court shall enter |
14 | | an order expunging the record of arrest from the
official |
15 | | records of the
arresting authority and order that the records |
16 | | of the clerk of the circuit
court and the Illinois State Police |
17 | | be sealed until further order of the court upon good cause |
18 | | shown
or as otherwise provided
herein, and the name of the |
19 | | defendant obliterated from the official index
requested to be |
20 | | kept by the
circuit court clerk under Section 16 of the Clerks |
21 | | of Courts Act in connection
with the arrest and
conviction for |
22 | | the offense but the order shall not affect any index issued by
|
23 | | the circuit court clerk before the entry of the order. The |
24 | | court shall enter the expungement order regardless of whether |
25 | | the petitioner has prior criminal convictions. |
26 | | All records sealed by the Illinois State Police may be
|
|
| | HB1016 | - 13 - | LRB103 04849 LNS 49859 b |
|
|
1 | | disseminated by the Department only as required by law or to |
2 | | the arresting
authority, the State's Attorney, the court upon |
3 | | a later arrest for the same or
similar offense, or for the |
4 | | purpose of sentencing for any subsequent felony.
Upon |
5 | | conviction for any subsequent offense, the Department of |
6 | | Corrections shall
have access to all sealed records of the |
7 | | Department
pertaining to that individual. |
8 | | Upon entry of the order of expungement, the clerk of the |
9 | | circuit court shall
promptly mail a copy of the order to the |
10 | | person whose records were expunged and
sealed. |
11 | | (i) Any person seeking a certificate of innocence under |
12 | | this
Section based on the dismissal of an indictment or |
13 | | information
or acquittal that occurred before September 22, |
14 | | 2008 ( the effective date of Public Act 95-970) this
amendatory |
15 | | Act of the 95th General Assembly shall file his or
her petition |
16 | | within 2 years after the September 22, 2008 ( effective date of |
17 | | this
amendatory Act of the 95th General Assembly . Any person |
18 | | seeking
a certificate of innocence under this Section based on |
19 | | the
dismissal of an indictment or information or acquittal |
20 | | that
occurred on or after September 22, 2008 the effective date |
21 | | of this amendatory Act
of the 95th General Assembly shall file |
22 | | his or her petition
within 2 years after the dismissal. |
23 | | (j) The decision to grant or deny a certificate of |
24 | | innocence shall be binding only with respect to claims filed |
25 | | in the Court of Claims and shall not have a res judicata effect |
26 | | on any other proceedings.
|