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