Full Text of HB0230 95th General Assembly
HB0230enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning imprisonment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Public Employment Office Act is amended by | 5 |
| adding Section 2 as follows: | 6 |
| (20 ILCS 1015/2 new) | 7 |
| Sec. 2. Persons unjustly imprisoned; job search and | 8 |
| placement services. Each local office of the Department shall | 9 |
| provide each person to whom this Section applies with job | 10 |
| search and placement services, including assessment, resume | 11 |
| assistance, interview preparation, occupational and labor | 12 |
| market information, referral to employers with job openings to | 13 |
| which the person is suited and referral to such job training | 14 |
| and education program providers as may be appropriate and | 15 |
| available through the partnering agencies with which the local | 16 |
| office is affiliated. This Section applies to a person who has | 17 |
| been discharged from a prison of this State if the person | 18 |
| received a pardon from the Governor stating that such pardon is | 19 |
| issued on the ground of innocence of the crime for which he or | 20 |
| she was imprisoned or he or she has received a certificate of | 21 |
| innocence from the Circuit Court as provided in Section 2-702 | 22 |
| of the Code of Civil Procedure. |
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HB0230 Enrolled |
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| Section 10. The Court of Claims Act is amended by changing
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| Sections 8, 11, 22, and 24 and by adding Section 24.5 as | 3 |
| follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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| Sec. 8. Court of Claims jurisdiction. The court shall have | 6 |
| exclusive
jurisdiction to hear and determine the following | 7 |
| matters:
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| (a) All claims against the State founded upon any law of | 9 |
| the State of
Illinois or upon any regulation adopted thereunder | 10 |
| by an executive or
administrative officer or agency; provided, | 11 |
| however, the court shall not have
jurisdiction (i) to hear or | 12 |
| determine claims arising under
the Workers' Compensation Act or | 13 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 14 |
| in civil litigation, or (ii) to review administrative
decisions | 15 |
| for which a statute provides that review shall be in the | 16 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 18 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 20 |
| in prisons
of this State when
where the person
persons
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| imprisoned received
shall receive a pardon from
the governor | 22 |
| stating that such pardon is issued on the ground of
innocence | 23 |
| of the crime for which he or she was
they were imprisoned or he | 24 |
| or she received a certificate of innocence from the Circuit | 25 |
| Court as provided in Section 2-702 of the Code of Civil |
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| Procedure ; provided, the amount of the award is at the | 2 |
| discretion of the court; and provided, the
court shall make no | 3 |
| award in excess of the following amounts: for
imprisonment of 5 | 4 |
| years or less, not more than $85,350
$15,000 ; for imprisonment
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| of 14 years or less but over 5 years, not more than $170,000
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| $30,000 ; for
imprisonment of over 14 years, not more than | 7 |
| $199,150
$35,000 ; and provided
further, the court shall fix | 8 |
| attorney's fees not to exceed 25% of the award
granted. On or | 9 |
| after the effective date of this amendatory Act of the 95th | 10 |
| General Assembly,
On December 31, 1996, the court shall make a | 11 |
| one-time adjustment in the maximum awards
authorized by this | 12 |
| subsection (c), to reflect the increase in the cost of
living | 13 |
| from the year in which these maximum awards were last adjusted | 14 |
| until
1996, but with no annual increment exceeding 5%. | 15 |
| Thereafter, the court shall
annually adjust the maximum awards | 16 |
| authorized by this subsection (c) to reflect
the increase, if | 17 |
| any, in the Consumer Price Index For All Urban Consumers for
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| the previous calendar year, as determined by the United States | 19 |
| Department of
Labor, except that no annual increment may exceed | 20 |
| 5%. For both the one-time
adjustment and the subsequent annual | 21 |
| adjustments, if the Consumer Price Index
decreases during a | 22 |
| calendar year, there shall be no adjustment for that
calendar | 23 |
| year. The transmission by the Prisoner Review Board or the | 24 |
| clerk of the circuit court of the information described in | 25 |
| Section 11(b) to the clerk of the Court of Claims is conclusive | 26 |
| evidence of the validity of the claim. The changes made by this |
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| amendatory Act of the 95th General Assembly apply to all
claims | 2 |
| pending on or filed on or after the effective date.
The changes | 3 |
| made by Public Act 89-689 apply to all claims filed on or after | 4 |
| January 1, 1995 that
are pending on December 31, 1996 and all | 5 |
| claims filed on or after December 31, 1996.
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| (d) All claims against the State for damages in cases | 7 |
| sounding in tort, if
a like cause of action would lie against a | 8 |
| private person or corporation in a
civil suit, and all like | 9 |
| claims sounding in tort against the Medical Center
Commission, | 10 |
| the Board of Trustees of the University of Illinois, the Board | 11 |
| of
Trustees of Southern Illinois University, the Board of | 12 |
| Trustees of Chicago
State University, the Board of Trustees of | 13 |
| Eastern Illinois University, the
Board of Trustees of Governors | 14 |
| State University, the Board of Trustees of
Illinois State | 15 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 17 |
| University, the Board
of Trustees of Western Illinois | 18 |
| University, or the Board of Trustees of the
Illinois | 19 |
| Mathematics and Science Academy; provided, that an award for | 20 |
| damages
in a case sounding in tort, other than certain cases | 21 |
| involving the operation
of a State vehicle described in this | 22 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 23 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 24 |
| Section does not
apply to an award of damages in any case | 25 |
| sounding in tort arising out of
the operation by a State | 26 |
| employee of a vehicle owned, leased or
controlled by the State. |
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| The defense that the State or the Medical
Center Commission or | 2 |
| the Board of Trustees of the University of Illinois, the
Board | 3 |
| of Trustees of Southern Illinois University, the Board of | 4 |
| Trustees of
Chicago State University, the Board of Trustees of | 5 |
| Eastern Illinois University,
the Board of Trustees of Governors | 6 |
| State University, the Board of Trustees of
Illinois State | 7 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 9 |
| University, the Board of
Trustees of Western Illinois | 10 |
| University, or the Board of Trustees of the
Illinois | 11 |
| Mathematics and Science Academy is not liable for the | 12 |
| negligence of
its officers, agents, and employees in the course | 13 |
| of their employment is not
applicable to the hearing and | 14 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 16 |
| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act.
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| (g) All claims filed pursuant to the Crime Victims | 20 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 22 |
| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section | 24 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 25 |
| expenses incurred by a party in a
contested case on the | 26 |
| administrative level.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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| Sec. 11. Filing claims.
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| (a) Except as otherwise provided in subsection (b) of this | 5 |
| Section and
subsection (3) of Section 24,
the claimant shall in | 6 |
| all cases set forth fully in his petition
the claim, the action | 7 |
| thereon, if any, on behalf of the State, what persons
are | 8 |
| owners thereof or interested therein, when and upon what | 9 |
| consideration
such persons became so interested; that no | 10 |
| assignment or transfer of the
claim or any part thereof or | 11 |
| interest therein has been made, except as
stated in the | 12 |
| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all | 14 |
| just
credits; and that claimant believes the facts stated in | 15 |
| the petition to be
true. The petition shall be verified, as to | 16 |
| statements of facts, by the
affidavit of the claimant, his | 17 |
| agent, or attorney.
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| (b) Whenever a person has served a term of imprisonment and | 19 |
| has received a pardon by the Governor stating that such pardon | 20 |
| was issued on the ground of innocence of the crime for which he | 21 |
| or she was imprisoned, the Prisoner Review Board shall transmit | 22 |
| this information to the clerk of the Court of Claims, together | 23 |
| with the claimant's current address. Whenever a person has | 24 |
| served a term of imprisonment and has received a certificate of | 25 |
| innocence from the Circuit Court as provided in Section 2-702 |
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| of the Code of Civil Procedure, the clerk of the issuing | 2 |
| Circuit Court shall transmit this information to the clerk of | 3 |
| the Court of Claims, together with the claimant's current | 4 |
| address. The clerk of the Court of Claims shall immediately | 5 |
| docket the case for consideration by the Court of Claims, and | 6 |
| shall provide notice to the claimant of such docketing together | 7 |
| with all hearing dates and applicable deadlines. The Court of | 8 |
| Claims shall hear the case and render a decision within 90 days | 9 |
| after its docketing.
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| (Source: Laws 1945, p. 660.)
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not | 13 |
| otherwise sooner
barred by law shall be forever barred from | 14 |
| prosecution therein unless it
is filed with the Clerk of the | 15 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 17 |
| within 5
years after it first accrues, saving to minors, and | 18 |
| persons under legal
disability at the time the claim accrues, | 19 |
| in which cases the claim must be
filed within 5 years from the | 20 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 22 |
| goods or services
under "The Illinois Public Aid Code", | 23 |
| approved April 11, 1967, as amended,
must file within one year | 24 |
| after the accrual of the cause of action, as provided
in | 25 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 2 |
| this Act
must
be automatically heard by the court
filed within | 3 |
| 120
days
2 years after the person
asserting such
claim is | 4 |
| either issued a certificate of innocence from the Circuit Court | 5 |
| as provided in Section 2-702 of the Code of Civil Procedure | 6 |
| discharged
from prison , or is granted a pardon by the Governor, | 7 |
| whichever occurs later,
without the person asserting the claim | 8 |
| being required to file a petition under Section 11 of this Act, | 9 |
| except as otherwise provided by the Crime Victims Compensation | 10 |
| Act.
Any claims filed by the claimant under paragraph (c) of | 11 |
| Section 8 of this Act must be filed within 2 years after the | 12 |
| person asserting such claim is either issued a certificate of | 13 |
| innocence as provided in Section 2-702 of the Code of Civil | 14 |
| Procedure, or is granted a pardon by the Governor, whichever | 15 |
| occurs later.
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| (d) All claims arising under paragraph (f) of Section 8 of | 17 |
| this Act must
be filed within one year of the date of the death | 18 |
| of the law enforcement
officer or fireman as provided in | 19 |
| Section 3 of the "Law Enforcement
Officers and Firemen | 20 |
| Compensation Act", approved September 30, 1969, as
amended.
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| (e) All claims arising under paragraph (h) of Section 8 of | 22 |
| this Act must
be filed within one year of the date of the death | 23 |
| of the guardsman or
militiaman as provided in Section 3 of the | 24 |
| "Illinois National Guardsman's
and Naval Militiaman's | 25 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of |
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LRB095 04122 RLC 24549 b |
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| this Act must
be filed within one year of the crime on which a | 2 |
| claim is based as
provided in Section 6.1 of the "Crime Victims | 3 |
| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to | 5 |
| issue a
replacement warrant pursuant to Section 10.10 of the | 6 |
| State Comptroller Act
must be filed within 5 years after the | 7 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 9 |
| first accrues,
saving to minors, and persons under legal | 10 |
| disability at the time the claim
accrues, in which case the | 11 |
| claim must be filed within 2 years from the time
the disability | 12 |
| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 14 |
| apply to all
warrants issued within the 5 year period preceding | 15 |
| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the | 17 |
| rules
promulgated under this Act shall be binding and | 18 |
| jurisdictional, except upon
extension authorized by law or rule | 19 |
| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the | 24 |
| purposes
of this Section the Court may direct
immediate payment | 25 |
| of:
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| (a) All claims arising solely as a result of the | 2 |
| lapsing of an
appropriation out of which the obligation | 3 |
| could have been paid.
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| (b) All claims pursuant to the "Law Enforcement | 5 |
| Officers and Firemen
Compensation Act", approved September | 6 |
| 30, 1969, as amended.
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| (c) All claims pursuant to the "Illinois National | 8 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 9 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 11 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of | 13 |
| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 15 |
| from the General
Revenue Fund for this purpose, direct the | 16 |
| payment of awards less than $50,000
solely as a result
of the | 17 |
| lapsing of an appropriation originally made from any fund held | 18 |
| by the
State Treasurer. For any such award paid from the | 19 |
| General Revenue Fund, the
court
shall thereafter seek an | 20 |
| appropriation from the fund from which the liability
originally | 21 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) From funds appropriated by the General Assembly for the | 23 |
| purposes of
paying claims under paragraph (c) of Section 8, the | 24 |
| court must direct payment
of each claim and the payment must be | 25 |
| received by the claimant within 60 days after the date that the | 26 |
| funds are appropriated for that purpose.
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LRB095 04122 RLC 24549 b |
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| (Source: P.A. 92-357, eff. 8-15-01.)
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| (705 ILCS 505/24.5 new)
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| Sec. 24.5. Applicability. This amendatory Act of the 95th | 4 |
| General Assembly shall apply to causes of action filed on or | 5 |
| after its effective date.
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| Section 15. The Code of Civil Procedure is amended by | 7 |
| adding Section 2-702 as follows: | 8 |
| (735 ILCS 5/2-702 new)
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| Sec. 2-702. Petition for a certificate of innocence that | 10 |
| the petitioner was innocent of all offenses for which he or she | 11 |
| was incarcerated. | 12 |
| (a) The General Assembly finds and declares that innocent | 13 |
| persons who have been wrongly convicted of crimes in Illinois | 14 |
| and subsequently imprisoned have been frustrated in seeking | 15 |
| legal redress due to a variety of substantive and technical | 16 |
| obstacles in the law and that such persons should have an | 17 |
| available avenue to obtain a finding of innocence so that they | 18 |
| may obtain relief through a petition in the Court of Claims. | 19 |
| The General Assembly further finds misleading the current legal | 20 |
| nomenclature which compels an innocent person to seek a pardon | 21 |
| for being wrongfully incarcerated. It is the intent of the | 22 |
| General Assembly that the court, in exercising its discretion | 23 |
| as permitted by law regarding the weight and admissibility of |
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| evidence submitted pursuant to this Section, shall, in the | 2 |
| interest of justice, give due consideration to difficulties of | 3 |
| proof caused by the passage of time, the death or | 4 |
| unavailability of witnesses, the destruction of evidence or | 5 |
| other factors not caused by such persons or those acting on | 6 |
| their behalf. | 7 |
| (b) Any person convicted and subsequently imprisoned for | 8 |
| one or more felonies by the State of Illinois which he or she | 9 |
| did not commit may, under the conditions hereinafter provided, | 10 |
| file a petition for certificate of innocence in the circuit | 11 |
| court of the county in which the person was convicted. The | 12 |
| petition shall request a certificate of innocence finding that | 13 |
| the petitioner was innocent of all offenses for which he or she | 14 |
| was incarcerated. | 15 |
| (c) In order to present the claim for certificate of | 16 |
| innocence of an unjust conviction and imprisonment, the | 17 |
| petitioner must attach to his or her petition documentation | 18 |
| demonstrating that: | 19 |
| (1) he or she has been convicted of one or more | 20 |
| felonies by the State of Illinois and subsequently | 21 |
| sentenced to a term of imprisonment, and has served all or | 22 |
| any part of the sentence; and | 23 |
| (2) his or her judgment of conviction was reversed or | 24 |
| vacated, and the indictment or information dismissed or, if | 25 |
| a new trial was ordered, either he or she was found not | 26 |
| guilty at the new trial or he or she was not retried and |
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| the indictment or information dismissed; or the statute, or | 2 |
| application thereof, on which the indictment or | 3 |
| information was based violated the Constitution of the | 4 |
| United States or the State of Illinois; and | 5 |
| (3) his or her claim is not time barred by the | 6 |
| provisions of subsection (i) of this Section. | 7 |
| (d) The petition shall state facts in sufficient detail to | 8 |
| permit the court to find that the petitioner is likely to | 9 |
| succeed at trial in proving that the petitioner is innocent of | 10 |
| the offenses charged in the indictment or information or his or | 11 |
| her acts or omissions charged in the indictment or information | 12 |
| did not constitute a felony or misdemeanor against the State of | 13 |
| Illinois, and the petitioner did not by his or her own conduct | 14 |
| voluntarily cause or bring about his or her conviction. The | 15 |
| petition shall be verified by the petitioner. | 16 |
| (e) A copy of the petition shall be served on the Attorney | 17 |
| General and the State's Attorney of the county where the | 18 |
| conviction was had. The Attorney General and the State's | 19 |
| Attorney of the county where the conviction was had shall have | 20 |
| the right to intervene as parties. | 21 |
| (f) In any hearing seeking a certificate of innocence, the | 22 |
| court may take judicial notice of prior sworn testimony or | 23 |
| evidence admitted in the criminal proceedings related to the | 24 |
| convictions which resulted in the alleged wrongful | 25 |
| incarceration, if the petitioner was either represented by | 26 |
| counsel at such prior proceedings or the right to counsel was |
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| knowingly waived. | 2 |
| (g) In order to obtain a certificate of innocence the | 3 |
| petitioner must prove by a preponderance of evidence that: | 4 |
| (1) the petitioner was convicted of one or more | 5 |
| felonies by the State of Illinois and subsequently | 6 |
| sentenced to a term of imprisonment, and has served all or | 7 |
| any part of the sentence; | 8 |
| (2)(A) the judgment of conviction was reversed or | 9 |
| vacated, and the indictment or information dismissed or, if | 10 |
| a new trial was ordered, either the petitioner was found | 11 |
| not guilty at the new trial or the petitioner was not | 12 |
| retried and the indictment or information dismissed; or (B) | 13 |
| the statute, or application thereof, on which the | 14 |
| indictment or information was based violated the | 15 |
| Constitution of the United States or the State of Illinois; | 16 |
| (3) the petitioner is innocent of the offenses charged | 17 |
| in the indictment or information or his or her acts or | 18 |
| omissions charged in the indictment or information did not | 19 |
| constitute a felony or misdemeanor against the State; and | 20 |
| (4) the petitioner did not by his or her own conduct
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| voluntarily cause or bring about his or her conviction. | 22 |
| (h) If the court finds that the petitioner is entitled to a
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| judgment, it shall enter a certificate of innocence finding | 24 |
| that
the petitioner was innocent of all offenses for which he | 25 |
| or she was incarcerated. Upon entry of the certificate of | 26 |
| innocence, the clerk of the court shall transmit a copy of the |
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| certificate of innocence to the clerk of the Court of Claims, | 2 |
| together with the claimant's current address. | 3 |
| (i) Any person seeking a certificate of innocence under | 4 |
| this
Section based on the dismissal of an indictment or | 5 |
| information
or acquittal that occurred before the effective | 6 |
| date of this
amendatory Act of the 95th General Assembly shall | 7 |
| file his or
her petition within 2 years after the effective | 8 |
| date of this
amendatory Act of the 95th General Assembly. Any | 9 |
| person seeking
a certificate of innocence under this Section | 10 |
| based on the
dismissal of an indictment or information or | 11 |
| acquittal that
occurred on or after the effective date of this | 12 |
| amendatory Act
of the 95th General Assembly shall file his or | 13 |
| her petition
within 2 years after the dismissal. | 14 |
| (j) The decision to grant or deny a certificate of | 15 |
| innocence shall be binding only with respect to claims filed in | 16 |
| the Court of Claims and shall not have a res judicata effect on | 17 |
| any other proceedings.
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law. |
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