Rep. Mary E. Flowers

Filed: 2/27/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1016

2    AMENDMENT NO. ______. Amend House Bill 1016 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Court of Claims Act is amended by changing
5Sections 8 and 11 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) All claims against the State for time unjustly
7    served in prisons of this State or in a county jail when
8    the person imprisoned received a pardon from the Governor
9    stating that such pardon is issued on the ground of
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
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
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.
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
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
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
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
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.
22        (e) All claims for recoupment made by the State of
23    Illinois against any claimant.
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.
2        (g) All claims filed pursuant to the Crime Victims
3    Compensation Act.
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.
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.
13(Source: P.A. 100-1124, eff. 11-27-18.)
 
14    (705 ILCS 505/11)  (from Ch. 37, par. 439.11)
15    Sec. 11. Filing claims.
16    (a) Except as otherwise provided in subsection (b) of this
17Section and subsection (4) of Section 24, the claimant shall
18in all cases set forth fully in his petition the claim, the
19action thereon, if any, on behalf of the State, what persons
20are owners thereof or interested therein, when and upon what
21consideration such persons became so interested; that no
22assignment or transfer of the claim or any part thereof or
23interest therein has been made, except as stated in the
24petition; that the claimant is justly entitled to the amount
25therein claimed from the State of Illinois, after allowing all

 

 

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1just credits; and that claimant believes the facts stated in
2the petition to be true. The petition shall be verified, as to
3statements of facts, by the affidavit of the claimant, his
4agent, or attorney.
5    (b) Whenever a person has served a term of imprisonment
6and has received a pardon by the Governor stating that such
7pardon was issued on the ground of innocence of the crime for
8which he or she was imprisoned, the Prisoner Review Board
9shall transmit this information to the clerk of the Court of
10Claims, together with the claimant's current address. Whenever
11a person has served a term of imprisonment or has been
12incarcerated as a pretrial detainee and has received a
13certificate of innocence from the Circuit Court as provided in
14Section 2-702 of the Code of Civil Procedure, the clerk of the
15issuing Circuit Court shall transmit this information to the
16clerk of the Court of Claims, together with the claimant's
17current address. The clerk of the Court of Claims shall
18immediately docket the case for consideration by the Court of
19Claims, and shall provide notice to the claimant of such
20docketing together with all hearing dates and applicable
21deadlines. The Court of Claims shall hear the case and render a
22decision within 90 days after its docketing.
23(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
 
24    Section 10. The Code of Civil Procedure is amended by
25changing 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
3the petitioner was innocent of all offenses for which he or she
4was incarcerated.
5    (a) The General Assembly finds and declares that innocent
6persons who have been wrongly charged with or convicted of
7crimes in Illinois and subsequently have been incarcerated
8prior to trial or imprisoned have been frustrated in seeking
9legal redress due to a variety of substantive and technical
10obstacles in the law and that such persons should have an
11available avenue to obtain a finding of innocence so that they
12may obtain relief through a petition in the Court of Claims.
13The General Assembly further finds misleading the current
14legal nomenclature which compels an innocent person to seek a
15pardon for being wrongfully incarcerated. It is the intent of
16the General Assembly that the court, in exercising its
17discretion as permitted by law regarding the weight and
18admissibility of evidence submitted pursuant to this Section,
19shall, in the interest of justice, give due consideration to
20difficulties of proof caused by the passage of time, the death
21or unavailability of witnesses, the destruction of evidence or
22other factors not caused by such persons or those acting on
23their behalf.
24    (b) Any person criminally prosecuted and incarcerated
25prior to trial or convicted and subsequently imprisoned for

 

 

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1one or more felonies by the State of Illinois which he or she
2did not commit may, under the conditions hereinafter provided,
3file a petition for certificate of innocence in the circuit
4court of the county in which the person was convicted or
5incarcerated prior to trial. The petition shall request a
6certificate of innocence finding that the petitioner was
7innocent of all offenses for which he or she was incarcerated.
8    (c) In order to present the claim for certificate of
9innocence of an unjust conviction and imprisonment or pretrial
10incarceration, the petitioner must attach to his or her
11petition 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
6permit the court to find that the petitioner is likely to
7succeed at trial in proving that the petitioner is innocent of
8the alleged offenses for which he or she was incarcerated
9charged in the indictment or information or his or her acts or
10omissions charged in the indictment or information did not
11constitute a felony or misdemeanor against the State of
12Illinois, and the petitioner did not by his or her own conduct
13voluntarily cause or bring about his or her conviction. The
14petition shall be verified by the petitioner.
15    (e) A copy of the petition shall be served on the Attorney
16General and the State's Attorney of the county where the
17conviction was had. The Attorney General and the State's
18Attorney of the county where the conviction was had shall have
19the right to intervene as parties.
20    (f) In any hearing seeking a certificate of innocence, the
21court may take judicial notice of prior sworn testimony or
22evidence admitted in the criminal proceedings related to the
23charges or convictions which resulted in the alleged wrongful
24incarceration, if the petitioner was either represented by
25counsel at such prior proceedings or the right to counsel was
26knowingly waived.

 

 

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1    (g) In order to obtain a certificate of innocence the
2petitioner 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
23    voluntarily cause or bring about his or her conviction.
24    (g-5) If the petitioner was incarcerated prior to trial
25for 30 days or longer but not convicted of any of the charged
26offenses or a lesser included offense, in order to obtain a

 

 

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1certificate of innocence, the petitioner must prove by a
2preponderance 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
15judgment, it shall enter a certificate of innocence finding
16that the petitioner was innocent of all offenses for which he
17or she was incarcerated. Upon entry of the certificate of
18innocence or pardon from the Governor stating that such pardon
19was issued on the ground of innocence of the crime for which he
20or she was incarcerated prior to trial or imprisoned, (1) the
21clerk of the court shall transmit a copy of the certificate of
22innocence to the clerk of the Court of Claims, together with
23the claimant's current address; and (2) the court shall enter
24an order expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the clerk of the circuit court and the Illinois State Police

 

 

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1be sealed until further order of the court upon good cause
2shown or as otherwise provided herein, and the name of the
3defendant obliterated from the official index requested to be
4kept by the circuit court clerk under Section 16 of the Clerks
5of Courts Act in connection with the arrest and conviction for
6the offense but the order shall not affect any index issued by
7the circuit court clerk before the entry of the order. The
8court shall enter the expungement order regardless of whether
9the petitioner has prior criminal convictions.
10    All records sealed by the Illinois State Police may be
11disseminated by the Department only as required by law or to
12the arresting authority, the State's Attorney, the court upon
13a later arrest for the same or similar offense, or for the
14purpose of sentencing for any subsequent felony. Upon
15conviction for any subsequent offense, the Department of
16Corrections shall have access to all sealed records of the
17Department pertaining to that individual.
18    Upon entry of the order of expungement, the clerk of the
19circuit court shall promptly mail a copy of the order to the
20person whose records were expunged and sealed.
21    (i) Any person seeking a certificate of innocence under
22this Section based on the dismissal of an indictment or
23information or acquittal that occurred before September 22,
242008 (the effective date of Public Act 95-970) this amendatory
25Act of the 95th General Assembly shall file his or her petition
26within 2 years after the September 22, 2008 (effective date of

 

 

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1this amendatory Act of the 95th General Assembly. Any person
2seeking a certificate of innocence under this Section based on
3the dismissal of an indictment or information or acquittal
4that occurred on or after September 22, 2008 the effective date
5of this amendatory Act of the 95th General Assembly shall file
6his or her petition within 2 years after the dismissal.
7    (j) The decision to grant or deny a certificate of
8innocence shall be binding only with respect to claims filed
9in the Court of Claims and shall not have a res judicata effect
10on any other proceedings.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".