093_HB0481eng

 
HB0481 Engrossed                     LRB093 05224 MBS 05284 b

 1        AN  ACT  in  relation  to  persons wrongfully imprisoned,
 2    amending named Acts.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Personnel  Code  is  amended  by adding
 6    Section 8b.7-5 as follows:

 7        (20 ILCS 415/8b.7-5 new)
 8        Sec. 8b.7-5.  Unjustly imprisoned preference.
 9        (a)  For  the  granting  of  appropriate  preference   in
10    entrance  examinations  to  a  qualified  person who has been
11    discharged from a prison of  this  State  and  who  has  been
12    wrongfully  accused  of  a  crime  for  which  he  or she was
13    imprisoned and a court of competent jurisdiction  finds  that
14    the  evidence  that  resulted  in  his  or her conviction was
15    erroneous or that new evidence indicates that the person  did
16    not commit the crime for which he or she was imprisoned.
17        (b)  The preference granted under this Section must be in
18    the  form of points added to the final grade of the person if
19    the person otherwise qualifies and is entitled to  appear  on
20    the list of those eligible for appointments.
21        (c)  A  person  qualified  for  a  preference  under this
22    Section must receive a preference of 5 points.
23        (d)  The Department of Central Management  Services  must
24    adopt  rules  and  implement  procedures  to  verify that any
25    person seeking  a  preference  under  this  Section  provides
26    documentation  or  executes  any  consents or other documents
27    required by the Department of Central Management Services  or
28    any other State department or agency to enable the Department
29    or  agency  to  verify  that  the  person  is entitled to the
30    preference.
 
HB0481 Engrossed            -2-      LRB093 05224 MBS 05284 b
 1        Section 10.  The  Court  of  Claims  Act  is  amended  by
 2    changing Sections 8, 11, 22, and 24 as follows:

 3        (705 ILCS 505/8) (from Ch. 37, par. 439.8)
 4        Sec.  8.  Court  of Claims jurisdiction.  The court shall
 5    have  exclusive  jurisdiction  to  hear  and  determine   the
 6    following matters:
 7        (a)  All claims against the State founded upon any law of
 8    the   State  of  Illinois  or  upon  any  regulation  adopted
 9    thereunder by  an  executive  or  administrative  officer  or
10    agency;   provided,   however,   the  court  shall  not  have
11    jurisdiction (i) to hear or determine  claims  arising  under
12    the  Workers'  Compensation  Act or the Workers' Occupational
13    Diseases Act, or claims for expenses in civil litigation,  or
14    (ii)  to  review administrative decisions for which a statute
15    provides that review shall be in  the  circuit  or  appellate
16    court.
17        (b)  All  claims  against  the  State  founded  upon  any
18    contract entered into with the State of Illinois.
19        (c)  All  claims  against  the  State  for  time unjustly
20    served in prisons of this State when where the person persons
21    imprisoned was wrongfully accused of the crime for  which  he
22    or  she  was imprisoned and a court of competent jurisdiction
23    finds  that  the  evidence  that  resulted  in  his  or   her
24    conviction  was erroneous or that new evidence indicates that
25    the person did not commit the crime for which he or  she  was
26    imprisoned  shall  receive a pardon from the governor stating
27    that such pardon is issued on the ground of innocence of  the
28    crime for which they were imprisoned; provided, the amount of
29    the  award  is  at the discretion of the court; and provided,
30    the court shall make no award  in  excess  of  the  following
31    amounts:  for  imprisonment of 5 years or less, not more than
32    $85,350 $15,000; for imprisonment of 14  years  or  less  but
33    over   5   years,   not   more  than  $170,700  $30,000;  for
 
HB0481 Engrossed            -3-      LRB093 05224 MBS 05284 b
 1    imprisonment  of  over  14  years,  not  more  than  $199,150
 2    $35,000; and provided further, the court shall fix attorney's
 3    fees not to exceed 25% of the award granted.  On or after the
 4    effective date of this amendatory Act  of  the  93rd  General
 5    Assembly,  On  December  31,  1996,  the  court  shall make a
 6    one-time adjustment in the maximum awards authorized by  this
 7    subsection (c), to reflect the increase in the cost of living
 8    from  the  year  in  which  these  maximum  awards  were last
 9    adjusted until 1996, but with no annual  increment  exceeding
10    5%.   Thereafter, the court shall annually adjust the maximum
11    awards authorized by  this  subsection  (c)  to  reflect  the
12    increase,  if  any, in the Consumer Price Index For All Urban
13    Consumers for the previous calendar year,  as  determined  by
14    the  United States Department of Labor, except that no annual
15    increment may exceed 5%.  For both  the  one-time  adjustment
16    and  the subsequent annual adjustments, if the Consumer Price
17    Index decreases during a calendar year,  there  shall  be  no
18    adjustment  for that calendar year.  The changes made by this
19    amendatory Act of the 93rd  General  Assembly  apply  to  all
20    claims  pending  on the effective date of this amendatory Act
21    of the 93rd General Assembly and all claims filed on or after
22    the effective date of this amendatory Act of the 93rd General
23    Assembly.  The changes made by Public Act 89-689 apply to all
24    claims filed on or after January 1, 1995 that are pending  on
25    December  31,  1996 and all claims filed on or after December
26    31, 1996.
27        (d)  All claims against the State for  damages  in  cases
28    sounding in tort, if a like cause of action would lie against
29    a private person or corporation in a civil suit, and all like
30    claims   sounding   in   tort   against  the  Medical  Center
31    Commission, the  Board  of  Trustees  of  the  University  of
32    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
33    University,  the  Board  of   Trustees   of   Chicago   State
34    University,   the  Board  of  Trustees  of  Eastern  Illinois
 
HB0481 Engrossed            -4-      LRB093 05224 MBS 05284 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 for
 8    damages in a case sounding in tort, other than certain  cases
 9    involving  the operation of a State vehicle described in this
10    paragraph, shall not exceed the sum of $100,000 to or for the
11    benefit of any claimant.  The $100,000  limit  prescribed  by
12    this  Section  does  not  apply to an award of damages in any
13    case sounding in tort arising out of the operation by a State
14    employee of a vehicle owned,  leased  or  controlled  by  the
15    State.   The  defense  that  the  State or the Medical Center
16    Commission or the Board of  Trustees  of  the  University  of
17    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
18    University,  the  Board  of   Trustees   of   Chicago   State
19    University,   the  Board  of  Trustees  of  Eastern  Illinois
20    University,  the  Board  of  Trustees  of   Governors   State
21    University,   the   Board   of  Trustees  of  Illinois  State
22    University, the Board of Trustees  of  Northeastern  Illinois
23    University,  the  Board  of  Trustees  of  Northern  Illinois
24    University,   the  Board  of  Trustees  of  Western  Illinois
25    University,  or  the  Board  of  Trustees  of  the   Illinois
26    Mathematics  and  Science  Academy  is  not  liable  for  the
27    negligence  of  its  officers,  agents,  and employees in the
28    course of their employment is not applicable to  the  hearing
29    and determination of such claims.
30        (e)  All  claims  for  recoupment  made  by  the State of
31    Illinois against any claimant.
32        (f)  All claims pursuant to the Law Enforcement Officers,
33    Civil Defense Workers, Civil Air Patrol Members,  Paramedics,
34    Firemen, Chaplains, and State Employees Compensation Act.
 
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 1        (g)  All  claims  filed  pursuant  to  the  Crime Victims
 2    Compensation Act.
 3        (h)  All  claims  pursuant  to  the   Illinois   National
 4    Guardsman's Compensation Act.
 5        (i)  All  claims  authorized by subsection (a) of Section
 6    10-55 of the Illinois Administrative Procedure  Act  for  the
 7    expenses  incurred  by  a  party  in  a contested case on the
 8    administrative level.
 9    (Source: P.A.  89-4,  eff.  1-1-96;  89-689,  eff.  12-31-96;
10    90-492, eff. 8-17-97.)

11        (705 ILCS 505/11) (from Ch. 37, par. 439.11)
12        Sec. 11. Filing claims.
13        (a)  Except  as  otherwise  provided in subsection (b) of
14    this Section and subsection (3) of Section 24,  the  claimant
15    shall in all cases set forth fully in his petition the claim,
16    the  action  thereon,  if  any,  on behalf of the State, what
17    persons are owners thereof or interested  therein,  when  and
18    upon  what  consideration  such persons became so interested;
19    that no assignment or transfer  of  the  claim  or  any  part
20    thereof  or  interest therein has been made, except as stated
21    in the petition; that the claimant is justly entitled to  the
22    amount  therein  claimed  from  the  State of Illinois, after
23    allowing all just credits; and  that  claimant  believes  the
24    facts  stated  in the petition to be true. The petition shall
25    be verified, as to statements of facts, by the  affidavit  of
26    the claimant, his agent, or attorney.
27        (b)  Whenever   a   person  who  has  served  a  term  of
28    imprisonment and has been discharged from  prison  because  a
29    court  of  competent jurisdiction has found that the evidence
30    that resulted in the person's  conviction  was  erroneous  or
31    that  new  evidence  indicates that the person did not commit
32    the crime for which he or she was convicted, the clerk of the
33    court  of   competent   jurisdiction   must   transmit   this
 
HB0481 Engrossed            -6-      LRB093 05224 MBS 05284 b
 1    information  to  the clerk of the Court of Claims.  The clerk
 2    of the Court of  Claims must immediately docket the case  for
 3    consideration  by  the  Court of Claims.  The Court of Claims
 4    must hear the case and render a decision within 90 days after
 5    its docketing.  The transmission by the clerk of the court of
 6    competent jurisdiction of the information described  in  this
 7    subsection  (b)  to  the  clerk  of  the  Court  of Claims is
 8    conclusive evidence of the validity of the claim.
 9    (Source: Laws 1945, p. 660.)

10        (705 ILCS 505/22) (from Ch. 37, par. 439.22)
11        Sec. 22.  Every claim cognizable by  the  Court  and  not
12    otherwise  sooner  barred by law shall be forever barred from
13    prosecution therein unless it is filed with the Clerk of  the
14    Court within the time set forth as follows:
15        (a)  All  claims  arising out of a contract must be filed
16    within 5 years after it first accrues, saving to minors,  and
17    persons under legal disability at the time the claim accrues,
18    in  which  cases  the claim must be filed within 5 years from
19    the time the disability ceases.
20        (b)  All claims cognizable against the State  by  vendors
21    of  goods  or  services under "The Illinois Public Aid Code",
22    approved April 11, 1967, as amended,  must  file  within  one
23    year after the accrual of the cause of action, as provided in
24    Section 11-13 of that Code.
25        (c)  All  claims arising under paragraph (c) of Section 8
26    of this Act must be automatically  heard  by  the  court  and
27    payment  made  filed within 120 days 2 years after the person
28    unjustly imprisoned asserting such claim is  discharged  from
29    prison  without the person unjustly imprisoned being required
30    to file a petition under Section 11  of  this  Act  ,  or  is
31    granted  a  pardon  by  the Governor, whichever occurs later,
32    except  as  otherwise   provided   by   the   Crime   Victims
33    Compensation Act.
 
HB0481 Engrossed            -7-      LRB093 05224 MBS 05284 b
 1        (d)  All  claims arising under paragraph (f) of Section 8
 2    of this Act must be filed within one year of the date of  the
 3    death  of  the law enforcement officer or fireman as provided
 4    in Section 3 of the "Law  Enforcement  Officers  and  Firemen
 5    Compensation Act", approved September 30, 1969, as amended.
 6        (e)  All  claims arising under paragraph (h) of Section 8
 7    of this Act must be filed within one year of the date of  the
 8    death of the guardsman or militiaman as provided in Section 3
 9    of  the "Illinois National Guardsman's and Naval Militiaman's
10    Compensation Act", approved August 12, 1971, as amended.
11        (f)  All claims arising under paragraph (g) of Section  8
12    of  this  Act  must  be filed within one year of the crime on
13    which a claim is based as provided  in  Section  6.1  of  the
14    "Crime  Victims  Compensation Act", approved August 23, 1973,
15    as amended.
16        (g)  All claims arising from the Comptroller's refusal to
17    issue a replacement warrant pursuant to Section 10.10 of  the
18    State  Comptroller Act must be filed within 5 years after the
19    issue date of such warrant.
20        (h)  All other claims must be filed within 2 years  after
21    it  first  accrues, saving to minors, and persons under legal
22    disability at the time the claim accrues, in which  case  the
23    claim  must  be  filed  within  2  years  from  the  time the
24    disability ceases.
25        (i)  The changes made by  this  amendatory  Act  of  1989
26    shall  apply  to all warrants issued within the 5 year period
27    preceding the effective date of this amendatory Act of 1989.
28        (j)  All time limitations established under this Act  and
29    the  rules  promulgated  under  this Act shall be binding and
30    jurisdictional, except upon extension authorized  by  law  or
31    rule and granted pursuant to a motion timely filed.
32    (Source: P.A. 86-458.)

33        (705 ILCS 505/24) (from Ch. 37, par. 439.24)
 
HB0481 Engrossed            -8-      LRB093 05224 MBS 05284 b
 1        Sec. 24.  Payment of awards.
 2        (1)  From  funds appropriated by the General Assembly for
 3    the purposes of this Section the Court may  direct  immediate
 4    payment of:
 5             (a)  All  claims  arising  solely as a result of the
 6        lapsing of an appropriation out of which  the  obligation
 7        could have been paid.
 8             (b)  All  claims  pursuant  to  the "Law Enforcement
 9        Officers  and   Firemen   Compensation   Act",   approved
10        September 30, 1969, as amended.
11             (c)  All  claims  pursuant to the "Illinois National
12        Guardsman's and  Naval  Militiaman's  Compensation  Act",
13        approved August 12, 1971, as amended.
14             (d)  All  claims  pursuant  to  the  "Crime  Victims
15        Compensation Act", approved August 23, 1973, as amended.
16             (e)  All  other  claims  wherein  the  amount of the
17        award of the Court is less than $5,000.
18        (2)  The court may, from funds specifically  appropriated
19    from  the  General  Revenue Fund for this purpose, direct the
20    payment of awards less than $50,000 solely as a result of the
21    lapsing of an appropriation originally  made  from  any  fund
22    held  by  the  State Treasurer.  For any such award paid from
23    the General Revenue Fund, the court shall thereafter seek  an
24    appropriation   from   the  fund  from  which  the  liability
25    originally accrued in reimbursement of  the  General  Revenue
26    Fund.
27        (3)  From  funds appropriated by the General Assembly for
28    the purposes of paying claims under paragraph (c) of  Section
29    8,  the  court  must  direct payment of each claim within 120
30    days after discharge  from  prison  of  the  person  who  has
31    unjustly served time in a prison of this State.
32    (Source: P.A. 92-357, eff. 8-15-01.)

33        Section  99.  Effective date.  This Act takes effect upon
 
HB0481 Engrossed            -9-      LRB093 05224 MBS 05284 b
 1    becoming law.