|
Sen. William Delgado
Filed: 3/5/2008
|
|
09500HB0230sam001 |
|
LRB095 04122 RLC 47648 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 230
|
2 |
| AMENDMENT NO. ______. Amend House Bill 230 on page 1, by |
3 |
| replacing lines 4 through 9 with the following:
|
4 |
| "Section 5. The Public Employment Office Act is amended by |
5 |
| adding Section 2 as follows: |
6 |
| 20 ILCS 1015/2
|
7 |
| Sec. 2. Persons unjustly imprisoned; job training and |
8 |
| continuing education. The Department of Employment Security |
9 |
| shall establish an "; and
|
10 |
| on page 1, by replacing lines 12 and 13 with the following: |
11 |
| " of this State; and if the person "; and |
12 |
| on page 2, by replacing lines 18 and 19 with the following: |
13 |
| "imprisoned received shall receive a"; and |
14 |
| on page 3, line 20, by inserting after "calendar year." the |
|
|
|
09500HB0230sam001 |
- 2 - |
LRB095 04122 RLC 47648 a |
|
|
1 |
| following: |
2 |
| " The transmission by the Prisoner Review Board or the clerk of |
3 |
| the circuit court of the information described in Section 11(b) |
4 |
| to the clerk of the Court of Claims is conclusive evidence of |
5 |
| the validity of the claim. "; and |
6 |
| on page 6, by replacing lines 14 through 26 with the following: |
7 |
| " (b) Whenever a person has served a term of imprisonment |
8 |
| and has received a pardon by the Governor stating that such |
9 |
| pardon was issued on the ground of innocence of the crime for |
10 |
| which he or she was imprisoned, the Prisoner Review Board shall |
11 |
| transmit this information to the clerk of the Court of Claims, |
12 |
| together with the claimant's current address. Whenever a person |
13 |
| has served a term of imprisonment and has received a |
14 |
| certificate of innocence from the Circuit Court as provided in |
15 |
| Section 2-702 of the Code of Civil Procedure, the clerk of the |
16 |
| issuing Circuit Court shall transmit this information to the |
17 |
| clerk of the Court of Claims, together with the claimant's |
18 |
| current address. The clerk of the Court of Claims shall |
19 |
| immediately docket the case for consideration by the Court of |
20 |
| Claims, and shall provide notice to the claimant of such |
21 |
| docketing together with all hearing dates and applicable |
22 |
| deadlines. The Court of Claims shall hear the case and render a |
23 |
| decision within 90 days after its docketing. "; and
|
24 |
| on page 7, by replacing lines 17 through 24 with the following: |
|
|
|
09500HB0230sam001 |
- 3 - |
LRB095 04122 RLC 47648 a |
|
|
1 |
| "(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. "; and |
16 |
| on page 14, by replacing line 9 with the following: |
17 |
| " or she was incarcerated. Upon entry of the certificate of |
18 |
| innocence, the clerk of the court shall transmit a copy of the |
19 |
| certificate of innocence to the clerk of the Court of Claims, |
20 |
| together with the claimant's current address. ".
|