Illinois General Assembly - Bill Status for HB1015
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 Bill Status of HB1015  103rd General Assembly


Short Description:  CRT CLAIMS-UNJUST IMPRISONMENT

House Sponsors
Rep. Mary E. Flowers - La Shawn K. Ford - Lilian Jiménez - Norma Hernandez - Jonathan Carroll, Joyce Mason, Sharon Chung, Rita Mayfield, Sonya M. Harper, Lakesia Collins, Curtis J. Tarver, II, Kam Buckner and Cyril Nichols

Senate Sponsors
(Sen. Elgie R. Sims, Jr. - Mattie Hunter - Adriane Johnson, Michael W. Halpin, Robert Peters, Willie Preston and Ann Gillespie)

Last Action
DateChamber Action
  12/10/2023SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments

Statutes Amended In Order of Appearance
705 ILCS 505/8from Ch. 37, par. 439.8


Synopsis As Introduced
Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court 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, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date. Effective immediately.

House Committee Amendment No. 2
Deletes reference to:
705 ILCS 505/8from Ch. 37, par. 439.8
Adds reference to:
735 ILCS 5/2-702

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that a petition for a certificate of innocence shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than innocent of the offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of for those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that in order to obtain a certificate of innocence, the petitioner must prove by a preponderance of the evidence that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that the changes made by the amendatory Act apply to petitions filed on and after September 22, 2008.

Actions 
DateChamber Action
  12/19/2022HousePrefiled with Clerk by Rep. Mary E. Flowers
  1/12/2023HouseFirst Reading
  1/12/2023HouseReferred to Rules Committee
  2/21/2023HouseAssigned to Judiciary - Criminal Committee
  3/3/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/3/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2023HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  3/7/2023HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/7/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/8/2023HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/9/2023HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/9/2023HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 015-000-000
  3/9/2023HouseHouse Committee Amendment No. 1 Tabled
  3/10/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2023HouseSecond Reading - Short Debate
  3/16/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseThird Reading - Short Debate - Passed 112-000-000
  3/23/2023HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Lilian Jiménez
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Norma Hernandez
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Jonathan Carroll
  3/23/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  3/23/2023HouseAdded Co-Sponsor Rep. Sharon Chung
  3/23/2023HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/23/2023HouseAdded Co-Sponsor Rep. Sonya M. Harper
  3/23/2023HouseAdded Co-Sponsor Rep. Lakesia Collins
  3/23/2023HouseAdded Co-Sponsor Rep. Curtis J. Tarver, II
  3/23/2023HouseAdded Co-Sponsor Rep. Kam Buckner
  3/23/2023HouseAdded Co-Sponsor Rep. Cyril Nichols
  3/23/2023SenateArrive in Senate
  3/23/2023SenatePlaced on Calendar Order of First Reading
  3/23/2023SenateChief Senate Sponsor Sen. Elgie R. Sims, Jr.
  3/23/2023SenateFirst Reading
  3/23/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Senate Special Committee on Criminal Law and Public Safety
  4/20/2023SenateDo Pass Senate Special Committee on Criminal Law and Public Safety; 009-000-000
  4/20/2023SenatePlaced on Calendar Order of 2nd Reading April 25, 2023
  5/3/2023SenateSecond Reading
  5/3/2023SenatePlaced on Calendar Order of 3rd Reading May 4, 2023
  5/11/2023SenateRule 2-10 Third Reading Deadline Established As May 25, 2023
  5/12/2023SenateRule 2-10 Third Reading Deadline Established As May 19, 2023
  5/19/2023SenateRule 2-10 Third Reading Deadline Established As May 25, 2023
  6/26/2023SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  11/8/2023SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin
  11/8/2023SenateAdded as Alternate Co-Sponsor Sen. Robert Peters
  11/9/2023SenateApproved for Consideration Assignments
  11/9/2023SenatePlaced on Calendar Order of 3rd Reading
  11/13/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Elgie R. Sims, Jr.
  11/13/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  12/10/2023SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/12/2024SenateAdded as Alternate Co-Sponsor Sen. Willie Preston
  1/16/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  1/16/2024SenateAdded as Alternate Co-Sponsor Sen. Ann Gillespie
  1/29/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Adriane Johnson

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