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Rep. Mary E. Flowers
Filed: 2/27/2023
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1 | | AMENDMENT TO HOUSE BILL 1016
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2 | | AMENDMENT NO. ______. Amend House Bill 1016 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Court of Claims Act is amended by changing |
5 | | Sections 8 and 11 as follows:
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6 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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7 | | Sec. 8. Court of Claims jurisdiction; deliberation |
8 | | periods. The court shall have exclusive
jurisdiction to hear |
9 | | and determine the following matters:
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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
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14 | | jurisdiction (i) to hear or determine claims arising under
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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
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3 | | appellate court.
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4 | | (b) All claims against the State founded upon any |
5 | | contract entered
into with the State of Illinois.
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6 | | (c) All claims against the State for time unjustly |
7 | | served in prisons
of this State or in a county jail when
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8 | | the person
imprisoned received
a pardon from
the Governor |
9 | | stating that such pardon is issued on the ground of
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10 | | innocence of the crime for which he or she was
imprisoned |
11 | | or he or she received a certificate of innocence from the |
12 | | Circuit Court as provided in Section 2-702 of the Code of |
13 | | Civil Procedure . The court shall make an award of $50,000 |
14 | | per year during which the person was wrongfully imprisoned |
15 | | and shall prorate that amount for a fraction of a year that |
16 | | the person was wrongfully imprisoned. The court shall fix |
17 | | attorney's fees not to exceed 25% of the award
granted. |
18 | | The court shall include the number of years the person was |
19 | | imprisoned awaiting trial in its determination of the |
20 | | award. The court shall include an additional $25,000 for |
21 | | each year served on parole, probation, or registered as a |
22 | | sex offender after imprisonment. The ; provided, the amount |
23 | | of the award is at the discretion of the court; and |
24 | | provided, the
court shall make no award in excess of the |
25 | | following amounts: for
imprisonment of 5 years or less, |
26 | | not more than $85,350; for imprisonment
of 14 years or |
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1 | | less but over 5 years, not more than $170,000; for
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2 | | imprisonment of over 14 years, not more than $199,150; and |
3 | | provided
further, the court shall fix attorney's fees not |
4 | | to exceed 25% of the award
granted. On or after the |
5 | | effective date of this amendatory Act of the 95th General |
6 | | Assembly,
the court shall
annually adjust the maximum |
7 | | awards authorized by this subsection (c) to reflect
the |
8 | | increase, if any, in the Consumer Price Index For All |
9 | | Urban Consumers for
the previous calendar year, as |
10 | | determined by the United States Department of
Labor, |
11 | | except that no annual increment may exceed 5%. For the |
12 | | annual adjustments, if the Consumer Price Index
decreases |
13 | | during a calendar year, there shall be no adjustment for |
14 | | that
calendar year. The transmission by the Prisoner |
15 | | Review Board or the clerk of the circuit court of the |
16 | | information described in Section 11(b) to the clerk of the |
17 | | Court of Claims is conclusive evidence of the validity of |
18 | | the claim. The changes made by Public Act 95-970 this |
19 | | amendatory Act of the 95th General Assembly apply to all
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20 | | claims pending on or filed on or after September 22, 2008 |
21 | | ( the effective date of Public Act 95-970). The changes |
22 | | made by this amendatory Act of the 103rd General Assembly |
23 | | apply to all claims pending or filed on or after the |
24 | | effective date of this amendatory Act of the 103rd General |
25 | | Assembly .
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26 | | (d) All claims against the State for damages in cases |
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1 | | sounding in tort, if
a like cause of action would lie |
2 | | against a private person or corporation in a
civil suit, |
3 | | and all like claims sounding in tort against the Medical |
4 | | Center
Commission, the Board of Trustees of the University |
5 | | of Illinois, the Board of
Trustees of Southern Illinois |
6 | | University, the Board of Trustees of Chicago
State |
7 | | University, the Board of Trustees of Eastern Illinois |
8 | | University, the
Board of Trustees of Governors State |
9 | | University, the Board of Trustees of
Illinois State |
10 | | University, the Board of Trustees of Northeastern Illinois
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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; provided, that an award |
15 | | for damages
in a case sounding in tort, other than certain |
16 | | cases involving the operation
of a State vehicle described |
17 | | in this paragraph, shall not exceed the sum of $2,000,000
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18 | | to or for the benefit of
any claimant. The $2,000,000 |
19 | | limit prescribed by this Section does not
apply to an |
20 | | award of damages in any case sounding in tort arising out |
21 | | of
the operation by a State employee of a vehicle owned, |
22 | | leased or
controlled by the State. The defense that the |
23 | | State or the Medical
Center Commission or the Board of |
24 | | Trustees of the University of Illinois, the
Board of |
25 | | Trustees of Southern Illinois University, the Board of |
26 | | Trustees of
Chicago State University, the Board of |
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1 | | Trustees of Eastern Illinois University,
the Board of |
2 | | Trustees of Governors State University, the Board of |
3 | | Trustees of
Illinois State University, the Board of |
4 | | Trustees of Northeastern Illinois
University, the Board of |
5 | | Trustees of Northern Illinois University, the Board of
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6 | | Trustees of Western Illinois University, or the Board of |
7 | | Trustees of the
Illinois Mathematics and Science Academy |
8 | | is not liable for the negligence of
its officers, agents, |
9 | | and employees in the course of their employment is not
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10 | | applicable to the hearing and determination of such |
11 | | claims. The changes to this Section made by this |
12 | | amendatory Act of the 100th General Assembly apply only to |
13 | | claims filed on or after July 1, 2015. |
14 | | The court shall
annually adjust the maximum awards |
15 | | authorized by this subsection to reflect
the increase, if |
16 | | any, in the Consumer Price Index For All Urban Consumers |
17 | | for
the previous calendar year, as determined by the |
18 | | United States Department of
Labor. The Comptroller shall |
19 | | make the new amount resulting from each annual adjustment |
20 | | available to the public via the Comptroller's official |
21 | | website by January 31 of every year.
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22 | | (e) All claims for recoupment made by the State of |
23 | | Illinois against
any claimant.
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24 | | (f) All claims pursuant to the Line of Duty |
25 | | Compensation
Act. A claim under that Act must be heard and |
26 | | determined within one year after the application for that |
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1 | | claim is filed with the Court as provided in that Act.
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2 | | (g) All claims filed pursuant to the Crime Victims |
3 | | Compensation Act.
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4 | | (h) All claims pursuant to the Illinois National |
5 | | Guardsman's Compensation
Act. A claim under that Act must |
6 | | be heard and determined within one year after the |
7 | | application for that claim is filed with the Court as |
8 | | provided in that Act.
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9 | | (i) All claims authorized by subsection (a) of Section |
10 | | 10-55 of the Illinois
Administrative Procedure Act for the |
11 | | expenses incurred by a party in a
contested case on the |
12 | | administrative level.
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13 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
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14 | | (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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15 | | Sec. 11. Filing claims.
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16 | | (a) Except as otherwise provided in subsection (b) of this |
17 | | Section and
subsection (4)
of Section 24,
the claimant shall |
18 | | in all cases set forth fully in his petition
the claim, the |
19 | | action thereon, if any, on behalf of the State, what persons
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20 | | are owners thereof or interested therein, when and upon what |
21 | | consideration
such persons became so interested; that no |
22 | | assignment or transfer of the
claim or any part thereof or |
23 | | interest therein has been made, except as
stated in the |
24 | | petition; that the claimant is justly entitled to the amount
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25 | | therein claimed from the State of Illinois, after allowing all |
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1 | | just
credits; and that claimant believes the facts stated in |
2 | | the petition to be
true. The petition shall be verified, as to |
3 | | statements of facts, by the
affidavit of the claimant, his |
4 | | agent, or attorney.
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5 | | (b) Whenever a person has served a term of imprisonment |
6 | | and has received a pardon by the Governor stating that such |
7 | | pardon was issued on the ground of innocence of the crime for |
8 | | which he or she was imprisoned, the Prisoner Review Board |
9 | | shall transmit this information to the clerk of the Court of |
10 | | Claims, together with the claimant's current address. Whenever |
11 | | a person has served a term of imprisonment or has been |
12 | | incarcerated as a pretrial detainee and has received a |
13 | | certificate of innocence from the Circuit Court as provided in |
14 | | Section 2-702 of the Code of Civil Procedure, the clerk of the |
15 | | issuing Circuit Court shall transmit this information to the |
16 | | clerk of the Court of Claims, together with the claimant's |
17 | | current address. The clerk of the Court of Claims shall |
18 | | immediately docket the case for consideration by the Court of |
19 | | Claims, and shall provide notice to the claimant of such |
20 | | docketing together with all hearing dates and applicable |
21 | | deadlines. The Court of Claims shall hear the case and render a |
22 | | decision within 90 days after its docketing.
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23 | | (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
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24 | | Section 10. The Code of Civil Procedure is amended by |
25 | | changing Section 2-702 as follows: |
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1 | | (735 ILCS 5/2-702) |
2 | | Sec. 2-702. Petition for a certificate of innocence that |
3 | | the petitioner was innocent of all offenses for which he or she |
4 | | was incarcerated. |
5 | | (a) The General Assembly finds and declares that innocent |
6 | | persons who have been wrongly charged with or convicted of |
7 | | crimes in Illinois and subsequently have been incarcerated |
8 | | prior to trial or imprisoned have been frustrated in seeking |
9 | | legal redress due to a variety of substantive and technical |
10 | | obstacles in the law and that such persons should have an |
11 | | available avenue to obtain a finding of innocence so that they |
12 | | may obtain relief through a petition in the Court of Claims. |
13 | | The General Assembly further finds misleading the current |
14 | | legal nomenclature which compels an innocent person to seek a |
15 | | pardon for being wrongfully incarcerated. It is the intent of |
16 | | the General Assembly that the court, in exercising its |
17 | | discretion as permitted by law regarding the weight and |
18 | | admissibility of evidence submitted pursuant to this Section, |
19 | | shall, in the interest of justice, give due consideration to |
20 | | difficulties of proof caused by the passage of time, the death |
21 | | or unavailability of witnesses, the destruction of evidence or |
22 | | other factors not caused by such persons or those acting on |
23 | | their behalf. |
24 | | (b) Any person criminally prosecuted and incarcerated |
25 | | prior to trial or convicted and subsequently imprisoned for |
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1 | | one or more felonies by the State of Illinois which he or she |
2 | | did not commit may, under the conditions hereinafter provided, |
3 | | file a petition for certificate of innocence in the circuit |
4 | | court of the county in which the person was convicted or |
5 | | incarcerated prior to trial . The petition shall request a |
6 | | certificate of innocence finding that the petitioner was |
7 | | innocent of all offenses for which he or she was incarcerated. |
8 | | (c) In order to present the claim for certificate of |
9 | | innocence of an unjust conviction and imprisonment or pretrial |
10 | | incarceration , the petitioner must attach to his or her |
11 | | petition documentation demonstrating that: |
12 | | (1) he or she has been convicted of one or more |
13 | | felonies by the State of Illinois and subsequently |
14 | | sentenced to a term of imprisonment, and has served all or |
15 | | any part of the sentence , or he or she was incarcerated |
16 | | prior to trial for 30 days or longer and the case resulted |
17 | | in a dismissal or acquittal of the charge or charges, but |
18 | | did not result in a conviction for a lesser included |
19 | | offense ; and |
20 | | (2) if convicted, his or her judgment of conviction |
21 | | was reversed or vacated, and the indictment or information |
22 | | dismissed or, if a new trial was ordered, either he or she |
23 | | was found not guilty at the new trial or he or she was not |
24 | | retried and the indictment or information dismissed; or |
25 | | the statute, or application thereof, on which the |
26 | | indictment or information was based violated the |
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1 | | Constitution of the United States or the State of |
2 | | Illinois; and |
3 | | (3) his or her claim is not time barred by the |
4 | | provisions of subsection (i) of this Section. |
5 | | (d) The petition shall state facts in sufficient detail to |
6 | | permit the court to find that the petitioner is likely to |
7 | | succeed at trial in proving that the petitioner is innocent of |
8 | | the alleged offenses for which he or she was incarcerated |
9 | | charged in the indictment or information or his or her acts or |
10 | | omissions charged in the indictment or information did not |
11 | | constitute a felony or misdemeanor against the State of |
12 | | Illinois, and the petitioner did not by his or her own conduct |
13 | | voluntarily cause or bring about his or her conviction. The |
14 | | petition shall be verified by the petitioner. |
15 | | (e) A copy of the petition shall be served on the Attorney |
16 | | General and the State's Attorney of the county where the |
17 | | conviction was had. The Attorney General and the State's |
18 | | Attorney of the county where the conviction was had shall have |
19 | | the right to intervene as parties. |
20 | | (f) In any hearing seeking a certificate of innocence, the |
21 | | court may take judicial notice of prior sworn testimony or |
22 | | evidence admitted in the criminal proceedings related to the |
23 | | charges or convictions which resulted in the alleged wrongful |
24 | | incarceration, if the petitioner was either represented by |
25 | | counsel at such prior proceedings or the right to counsel was |
26 | | knowingly waived. |
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1 | | (g) In order to obtain a certificate of innocence the |
2 | | petitioner must prove by a preponderance of evidence that: |
3 | | (1) the petitioner was convicted of one or more |
4 | | felonies by the State of Illinois and subsequently |
5 | | sentenced to a term of imprisonment, and has served all or |
6 | | any part of the sentence; |
7 | | (2)(A) the judgment of conviction was reversed or |
8 | | vacated, and the indictment or information dismissed or, |
9 | | if a new trial was ordered, either the petitioner was |
10 | | found not guilty at the new trial or the petitioner was not |
11 | | retried and the indictment or information dismissed; or |
12 | | (B) the statute, or application thereof, on which the |
13 | | indictment or information was based violated the |
14 | | Constitution of the United States or the State of |
15 | | Illinois; |
16 | | (3) the petitioner is innocent of the offenses for |
17 | | which he or she was incarcerated charged in the indictment |
18 | | or information or his or her acts or omissions for which he |
19 | | or she was incarcerated charged in the indictment or |
20 | | information did not constitute a felony or misdemeanor |
21 | | against the State; and |
22 | | (4) the petitioner did not by his or her own conduct
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23 | | voluntarily cause or bring about his or her conviction. |
24 | | (g-5) If the petitioner was incarcerated prior to trial |
25 | | for 30 days or longer but not convicted of any of the charged |
26 | | offenses or a lesser included offense, in order to obtain a |
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1 | | certificate of innocence, the petitioner must prove by a |
2 | | preponderance of evidence that: |
3 | | (1) the petitioner was incarcerated prior to trial for |
4 | | 30 days or longer in a prosecution that resulted in an |
5 | | acquittal or dismissal; |
6 | | (2) the prosecution did not result in a conviction of |
7 | | a lesser included offense; |
8 | | (3) the petitioner is innocent of the charges on which |
9 | | the petitioner's pretrial detention was based, or the |
10 | | charges did not constitute a felony or misdemeanor; and |
11 | | (4) the petitioner did not by his or her own conduct |
12 | | voluntarily cause or bring about the charges that resulted |
13 | | in his or her pretrial incarceration. |
14 | | (h) If the court finds that the petitioner is entitled to a
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15 | | judgment, it shall enter a certificate of innocence finding |
16 | | that
the petitioner was innocent of all offenses for which he |
17 | | or she was incarcerated. Upon entry of the certificate of |
18 | | innocence or pardon from the Governor stating that such pardon |
19 | | was issued on the ground of innocence of the crime for which he |
20 | | or she was incarcerated prior to trial or imprisoned, (1) the |
21 | | clerk of the court shall transmit a copy of the certificate of |
22 | | innocence to the clerk of the Court of Claims, together with |
23 | | the claimant's current address; and (2) the court shall enter |
24 | | an order expunging the record of arrest from the
official |
25 | | records of the
arresting authority and order that the records |
26 | | of the clerk of the circuit
court and the Illinois State Police |
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1 | | be sealed until further order of the court upon good cause |
2 | | shown
or as otherwise provided
herein, and the name of the |
3 | | defendant obliterated from the official index
requested to be |
4 | | kept by the
circuit court clerk under Section 16 of the Clerks |
5 | | of Courts Act in connection
with the arrest and
conviction for |
6 | | the offense but the order shall not affect any index issued by
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7 | | the circuit court clerk before the entry of the order. The |
8 | | court shall enter the expungement order regardless of whether |
9 | | the petitioner has prior criminal convictions. |
10 | | All records sealed by the Illinois State Police may be
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11 | | disseminated by the Department only as required by law or to |
12 | | the arresting
authority, the State's Attorney, the court upon |
13 | | a later arrest for the same or
similar offense, or for the |
14 | | purpose of sentencing for any subsequent felony.
Upon |
15 | | conviction for any subsequent offense, the Department of |
16 | | Corrections shall
have access to all sealed records of the |
17 | | Department
pertaining to that individual. |
18 | | Upon entry of the order of expungement, the clerk of the |
19 | | circuit court shall
promptly mail a copy of the order to the |
20 | | person whose records were expunged and
sealed. |
21 | | (i) Any person seeking a certificate of innocence under |
22 | | this
Section based on the dismissal of an indictment or |
23 | | information
or acquittal that occurred before September 22, |
24 | | 2008 ( the effective date of Public Act 95-970) this
amendatory |
25 | | Act of the 95th General Assembly shall file his or
her petition |
26 | | within 2 years after the September 22, 2008 ( effective date of |
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1 | | this
amendatory Act of the 95th General Assembly . Any person |
2 | | seeking
a certificate of innocence under this Section based on |
3 | | the
dismissal of an indictment or information or acquittal |
4 | | that
occurred on or after September 22, 2008 the effective date |
5 | | of this amendatory Act
of the 95th General Assembly shall file |
6 | | his or her petition
within 2 years after the dismissal. |
7 | | (j) The decision to grant or deny a certificate of |
8 | | innocence shall be binding only with respect to claims filed |
9 | | in the Court of Claims and shall not have a res judicata effect |
10 | | on any other proceedings.
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11 | | (Source: P.A. 102-538, eff. 8-20-21.)
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12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law.".
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