Full Text of HB2881 98th General Assembly
HB2881eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Employment Office Act is amended by | 5 | | changing Section 2 as follows: | 6 | | (20 ILCS 1015/2) | 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 under as provided in Section | 22 | | 2-702 or 2-702.5 of the Code of Civil Procedure.
| 23 | | (Source: P.A. 95-970, eff. 9-22-08.) |
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| 1 | | Section 10. The Court of Claims Act is amended by changing | 2 | | Sections 8, 11, and 22 as follows:
| 3 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 4 | | Sec. 8. Court of Claims jurisdiction; deliberation | 5 | | periods. The court shall have exclusive
jurisdiction to hear | 6 | | and determine the following matters:
| 7 | | (a) All claims against the State founded upon any law of | 8 | | the State of
Illinois or upon any regulation adopted thereunder | 9 | | by an executive or
administrative officer or agency; provided, | 10 | | however, the court shall not have
jurisdiction (i) to hear or | 11 | | determine claims arising under
the Workers' Compensation Act or | 12 | | the Workers' Occupational Diseases Act, or
claims for expenses | 13 | | in civil litigation, or (ii) to review administrative
decisions | 14 | | for which a statute provides that review shall be in the | 15 | | circuit or
appellate court.
| 16 | | (b) All claims against the State founded upon any contract | 17 | | entered
into with the State of Illinois.
| 18 | | (c) All claims against the State for time unjustly served | 19 | | in prisons
of this State when
the person
imprisoned received
a | 20 | | pardon from
the governor stating that such pardon is issued on | 21 | | the ground of
innocence of the crime for which he or she was
| 22 | | imprisoned or he or she received a certificate of innocence | 23 | | from the Circuit Court under as provided in Section 2-702 or | 24 | | 2-702.5 of the Code of Civil Procedure; provided, the amount of |
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| 1 | | the award is at the discretion of the court; and provided, the
| 2 | | court shall make no award in excess of the following amounts: | 3 | | for
imprisonment of 5 years or less, not more than $85,350; for | 4 | | imprisonment
of 14 years or less but over 5 years, not more | 5 | | than $170,000; for
imprisonment of over 14 years, not more than | 6 | | $199,150; and provided
further, the court shall fix attorney's | 7 | | fees not to exceed 25% of the award
granted. On or after the | 8 | | effective date of this amendatory Act of the 95th General | 9 | | Assembly,
the court shall
annually adjust the maximum awards | 10 | | authorized by this subsection (c) to reflect
the increase, if | 11 | | any, in the Consumer Price Index For All Urban Consumers for
| 12 | | the previous calendar year, as determined by the United States | 13 | | Department of
Labor, except that no annual increment may exceed | 14 | | 5%. For the annual adjustments, if the Consumer Price Index
| 15 | | decreases during a calendar year, there shall be no adjustment | 16 | | for that
calendar year. The transmission by the Prisoner Review | 17 | | Board or the clerk of the circuit court of the information | 18 | | described in Section 11(b) to the clerk of the Court of Claims | 19 | | is conclusive evidence of the validity of the claim. The | 20 | | changes made by this amendatory Act of the 95th General | 21 | | Assembly apply to all
claims pending on or filed on or after | 22 | | the effective date.
| 23 | | (d) All claims against the State for damages in cases | 24 | | sounding in tort, if
a like cause of action would lie against a | 25 | | private person or corporation in a
civil suit, and all like | 26 | | claims sounding in tort against the Medical Center
Commission, |
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| 1 | | the Board of Trustees of the University of Illinois, the Board | 2 | | of
Trustees of Southern Illinois University, the Board of | 3 | | Trustees of Chicago
State University, the Board of Trustees of | 4 | | Eastern Illinois University, the
Board of Trustees of Governors | 5 | | State University, the Board of Trustees of
Illinois State | 6 | | University, the Board of Trustees of Northeastern Illinois
| 7 | | University, the Board of Trustees of Northern Illinois | 8 | | University, the Board
of Trustees of Western Illinois | 9 | | University, or the Board of Trustees of the
Illinois | 10 | | Mathematics and Science Academy; provided, that an award for | 11 | | damages
in a case sounding in tort, other than certain cases | 12 | | involving the operation
of a State vehicle described in this | 13 | | paragraph, shall not exceed the sum of
$100,000 to or for the | 14 | | benefit of
any claimant. The $100,000 limit prescribed by this | 15 | | Section does not
apply to an award of damages in any case | 16 | | sounding in tort arising out of
the operation by a State | 17 | | employee of a vehicle owned, leased or
controlled by the State. | 18 | | The defense that the State or the Medical
Center Commission or | 19 | | the Board of Trustees of the University of Illinois, the
Board | 20 | | of Trustees of Southern Illinois University, the Board of | 21 | | Trustees of
Chicago State University, the Board of Trustees of | 22 | | Eastern Illinois University,
the Board of Trustees of Governors | 23 | | State University, the Board of Trustees of
Illinois State | 24 | | University, the Board of Trustees of Northeastern Illinois
| 25 | | University, the Board of Trustees of Northern Illinois | 26 | | University, the Board of
Trustees of Western Illinois |
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| 1 | | University, or the Board of Trustees of the
Illinois | 2 | | Mathematics and Science Academy is not liable for the | 3 | | negligence of
its officers, agents, and employees in the course | 4 | | of their employment is not
applicable to the hearing and | 5 | | determination of such claims.
| 6 | | (e) All claims for recoupment made by the State of Illinois | 7 | | against
any claimant.
| 8 | | (f) All claims pursuant to the Line of Duty Compensation
| 9 | | Act. A claim under that Act must be heard and determined within | 10 | | one year after the application for that claim is filed with the | 11 | | Court as provided in that Act.
| 12 | | (g) All claims filed pursuant to the Crime Victims | 13 | | Compensation Act.
| 14 | | (h) All claims pursuant to the Illinois National | 15 | | Guardsman's Compensation
Act. A claim under that Act must be | 16 | | heard and determined within one year after the application for | 17 | | that claim is filed with the Court as provided in that Act.
| 18 | | (i) All claims authorized by subsection (a) of Section | 19 | | 10-55 of the Illinois
Administrative Procedure Act for the | 20 | | expenses incurred by a party in a
contested case on the | 21 | | administrative level.
| 22 | | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
| 23 | | (705 ILCS 505/11) (from Ch. 37, par. 439.11)
| 24 | | Sec. 11. Filing claims.
| 25 | | (a) Except as otherwise provided in subsection (b) of this |
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| 1 | | Section and
subsection (4)
of Section 24,
the claimant shall in | 2 | | all cases set forth fully in his petition
the claim, the action | 3 | | thereon, if any, on behalf of the State, what persons
are | 4 | | owners thereof or interested therein, when and upon what | 5 | | consideration
such persons became so interested; that no | 6 | | assignment or transfer of the
claim or any part thereof or | 7 | | interest therein has been made, except as
stated in the | 8 | | petition; that the claimant is justly entitled to the amount
| 9 | | therein claimed from the State of Illinois, after allowing all | 10 | | just
credits; and that claimant believes the facts stated in | 11 | | the petition to be
true. The petition shall be verified, as to | 12 | | statements of facts, by the
affidavit of the claimant, his | 13 | | agent, or attorney.
| 14 | | (b) Whenever a person has served a term of imprisonment and | 15 | | has received a pardon by the Governor stating that such pardon | 16 | | was issued on the ground of innocence of the crime for which he | 17 | | or she was imprisoned, the Prisoner Review Board shall transmit | 18 | | this information to the clerk of the Court of Claims, together | 19 | | with the claimant's current address. Whenever a person has | 20 | | served a term of imprisonment and has received a certificate of | 21 | | innocence from the Circuit Court under as provided in Section | 22 | | 2-702 or 2-702.5 of the Code of Civil Procedure, the clerk of | 23 | | the issuing Circuit Court shall transmit this information to | 24 | | the clerk of the Court of Claims, together with the claimant's | 25 | | current address. The clerk of the Court of Claims shall | 26 | | immediately docket the case for consideration by the Court of |
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| 1 | | Claims, and shall provide notice to the claimant of such | 2 | | docketing together with all hearing dates and applicable | 3 | | deadlines. The Court of Claims shall hear the case and render a | 4 | | decision within 90 days after its docketing.
| 5 | | (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
| 6 | | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| 7 | | Sec. 22. Every claim cognizable by the Court and not | 8 | | otherwise sooner
barred by law shall be forever barred from | 9 | | prosecution therein unless it
is filed with the Clerk of the | 10 | | Court within the time set forth as follows:
| 11 | | (a) All claims arising out of a contract must be filed | 12 | | within 5
years after it first accrues, saving to minors, and | 13 | | persons under legal
disability at the time the claim accrues, | 14 | | in which cases the claim must be
filed within 5 years from the | 15 | | time the disability ceases.
| 16 | | (b) All claims cognizable against the State by vendors of | 17 | | goods or services
under "The Illinois Public Aid Code", | 18 | | approved April 11, 1967, as amended,
must file within one year | 19 | | after the accrual of the cause of action, as provided
in | 20 | | Section 11-13 of that Code.
| 21 | | (c) All claims arising under paragraph (c) of Section 8 of | 22 | | this Act
must
be automatically heard by the court
within 120
| 23 | | days
after the person
asserting such
claim is either issued a | 24 | | certificate of innocence from the Circuit Court under as | 25 | | provided in Section 2-702 or 2-702.5 of the Code of Civil |
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| 1 | | Procedure, or is granted a pardon by the Governor, whichever | 2 | | occurs later,
without the person asserting the claim being | 3 | | required to file a petition under Section 11 of this Act, | 4 | | except as otherwise provided by the Crime Victims Compensation | 5 | | Act.
Any claims filed by the claimant under paragraph (c) of | 6 | | Section 8 of this Act must be filed within 2 years after the | 7 | | person asserting such claim is either issued a certificate of | 8 | | innocence under as provided in Section 2-702 or 2-702.5 of the | 9 | | Code of Civil Procedure, or is granted a pardon by the | 10 | | Governor, whichever occurs later.
| 11 | | (d) All claims arising under paragraph (f) of Section 8 of | 12 | | this Act must
be filed within the time set forth in Section 3 | 13 | | of the Line of Duty Compensation Act.
| 14 | | (e) All claims arising under paragraph (h) of Section 8 of | 15 | | this Act must
be filed within one year of the date of the death | 16 | | of the guardsman or
militiaman as provided in Section 3 of the | 17 | | "Illinois National Guardsman's
and Naval Militiaman's | 18 | | Compensation Act", approved August 12, 1971, as amended.
| 19 | | (f) All claims arising under paragraph (g) of Section 8 of | 20 | | this Act must
be filed within one year of the crime on which a | 21 | | claim is based as
provided in Section 6.1 of the "Crime Victims | 22 | | Compensation Act", approved
August 23, 1973, as amended.
| 23 | | (g) All claims arising from the Comptroller's refusal to | 24 | | issue a
replacement warrant pursuant to Section 10.10 of the | 25 | | State Comptroller Act
must be filed within 5 years after the | 26 | | issue date of such warrant.
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| 1 | | (h) All other claims must be filed within 2 years after it | 2 | | first accrues,
saving to minors, and persons under legal | 3 | | disability at the time the claim
accrues, in which case the | 4 | | claim must be filed within 2 years from the time
the disability | 5 | | ceases.
| 6 | | (i) The changes made by this amendatory Act of 1989 shall | 7 | | apply to all
warrants issued within the 5 year period preceding | 8 | | the effective date of
this amendatory Act of 1989.
| 9 | | (j) All time limitations established under this Act and the | 10 | | rules
promulgated under this Act shall be binding and | 11 | | jurisdictional, except upon
extension authorized by law or rule | 12 | | and granted pursuant to a motion timely filed.
| 13 | | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | 14 | | 96-328, eff. 8-11-09.)
| 15 | | Section 15. The Unified Code of Corrections is amended by | 16 | | changing Section 3-1-2 as follows:
| 17 | | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| 18 | | Sec. 3-1-2. Definitions. | 19 | | (a) "Chief Administrative Officer" means the
person | 20 | | designated by the Director to exercise the powers and duties of | 21 | | the
Department of Corrections in regard to committed persons | 22 | | within
a correctional institution or facility, and includes the
| 23 | | superintendent of any juvenile institution or facility.
| 24 | | (a-5) "Sex offense" for the purposes of paragraph (16) of |
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| 1 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection | 2 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 3 | | Section 5-6-3.1 only means: | 4 | | (i) A violation of any of the following Sections of the | 5 | | Criminal Code of
1961 or the Criminal Code of 2012: 10-7 | 6 | | (aiding or abetting child abduction under Section | 7 | | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | 8 | | solicitation of a child), 11-6.5
(indecent solicitation of | 9 | | an adult), 11-14.4 (promoting juvenile prostitution),
| 10 | | 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | 11 | | (keeping a place of juvenile prostitution), 11-18.1
| 12 | | (patronizing a juvenile prostitute), 11-19.1 (juvenile | 13 | | pimping),
11-19.2 (exploitation of a child), 11-20.1 | 14 | | (child pornography), 11-20.1B or 11-20.3 (aggravated child | 15 | | pornography), 11-1.40 or 12-14.1
(predatory criminal | 16 | | sexual assault of a child), or 12-33 (ritualized abuse of a
| 17 | | child). An attempt to commit any of
these offenses. | 18 | | (ii) A violation of any of the following Sections of | 19 | | the Criminal Code
of 1961 or the Criminal Code of 2012: | 20 | | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | 21 | | 12-14 (aggravated criminal sexual assault), 11-1.60 or | 22 | | 12-16 (aggravated criminal sexual abuse), and subsection | 23 | | (a) of Section 11-1.50 or subsection (a) of Section 12-15
| 24 | | (criminal sexual abuse). An attempt to commit
any of these | 25 | | offenses. | 26 | | (iii) A violation of any of the following Sections of |
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| 1 | | the Criminal Code
of 1961 or the Criminal Code of 2012 when | 2 | | the defendant is
not a parent of the victim: | 3 | | 10-1 (kidnapping),
| 4 | | 10-2 (aggravated kidnapping), | 5 | | 10-3 (unlawful restraint),
| 6 | | 10-3.1 (aggravated unlawful restraint). | 7 | | An attempt to commit any of these offenses. | 8 | | (iv) A violation of any former law of this State | 9 | | substantially
equivalent to any offense listed in this | 10 | | subsection (a-5). | 11 | | An offense violating federal law or the law of another | 12 | | state
that is substantially equivalent to any offense listed in | 13 | | this
subsection (a-5) shall constitute a sex offense for the | 14 | | purpose of
this subsection (a-5). A finding or adjudication as | 15 | | a sexually dangerous person under
any federal law or law of | 16 | | another state that is substantially equivalent to the
Sexually | 17 | | Dangerous Persons Act shall constitute an adjudication for a | 18 | | sex offense for the
purposes of this subsection (a-5).
| 19 | | (b) "Commitment" means a judicially determined placement
| 20 | | in the custody of the Department of Corrections on the basis of
| 21 | | delinquency or conviction.
| 22 | | (c) "Committed Person" is a person committed to the | 23 | | Department,
however a committed person shall not be considered | 24 | | to be an employee of
the Department of Corrections for any | 25 | | purpose, including eligibility for
a pension, benefits, or any | 26 | | other compensation or rights or privileges which
may be |
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| 1 | | provided to employees of the Department.
| 2 | | (c-5) "Computer scrub software" means any third-party | 3 | | added software, designed to delete information from the | 4 | | computer unit, the hard drive, or other software, which would | 5 | | eliminate and prevent discovery of browser activity, including | 6 | | but not limited to Internet history, address bar or bars, cache | 7 | | or caches, and/or cookies, and which would over-write files in | 8 | | a way so as to make previous computer activity, including but | 9 | | not limited to website access, more difficult to discover. | 10 | | (d) "Correctional Institution or Facility" means any | 11 | | building or
part of a building where committed persons are kept | 12 | | in a secured manner.
| 13 | | (e) In the case of functions performed before the effective | 14 | | date of this amendatory Act of the 94th General Assembly, | 15 | | "Department" means the Department of Corrections of this State. | 16 | | In the case of functions performed on or after the effective | 17 | | date of this amendatory Act of the 94th General Assembly, | 18 | | "Department" has the meaning ascribed to it in subsection | 19 | | (f-5).
| 20 | | (f) In the case of functions performed before the effective | 21 | | date of this amendatory Act of the 94th General Assembly, | 22 | | "Director" means the Director of the Department of Corrections. | 23 | | In the case of functions performed on or after the effective | 24 | | date of this amendatory Act of the 94th General Assembly, | 25 | | "Director" has the meaning ascribed to it in subsection (f-5).
| 26 | | (f-5) In the case of functions performed on or after the |
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| 1 | | effective date of this amendatory Act of the 94th General | 2 | | Assembly, references to "Department" or "Director" refer to | 3 | | either the Department of Corrections or the Director of | 4 | | Corrections or to the Department of Juvenile Justice or the | 5 | | Director of Juvenile Justice unless the context is specific to | 6 | | the Department of Juvenile Justice or the Director of Juvenile | 7 | | Justice.
| 8 | | (g) "Discharge" means the final termination of a commitment
| 9 | | to the Department of Corrections.
| 10 | | (h) "Discipline" means the rules and regulations for the
| 11 | | maintenance of order and the protection of persons and property
| 12 | | within the institutions and facilities of the Department and
| 13 | | their enforcement.
| 14 | | (i) "Escape" means the intentional and unauthorized | 15 | | absence
of a committed person from the custody of the | 16 | | Department.
| 17 | | (j) "Furlough" means an authorized leave of absence from | 18 | | the
Department of Corrections for a designated purpose and | 19 | | period of time.
| 20 | | (k) "Parole" means the conditional and revocable release
of | 21 | | a committed person under the supervision of a parole officer.
| 22 | | (l) "Prisoner Review Board" means the Board established in
| 23 | | Section 3-3-1(a), independent of the Department, to review
| 24 | | rules and regulations with respect to good time credits, to
| 25 | | hear charges brought by the Department against certain | 26 | | prisoners
alleged to have violated Department rules with |
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| 1 | | respect to good
time credits, to set release dates for certain | 2 | | prisoners
sentenced under the law in effect prior to the | 3 | | effective
date of this Amendatory Act of 1977, to hear requests | 4 | | and
make recommendations to the Governor with respect to | 5 | | pardon,
reprieve or commutation, to set conditions for parole | 6 | | and
mandatory supervised release and determine whether | 7 | | violations
of those conditions justify revocation of parole or | 8 | | release,
and to assume all other functions previously exercised | 9 | | by the
Illinois Parole and Pardon Board.
| 10 | | (m) Whenever medical treatment, service, counseling, or
| 11 | | care is referred to in this Unified Code of Corrections,
such | 12 | | term may be construed by the Department or Court, within
its | 13 | | discretion, to include treatment, service or counseling by
a | 14 | | Christian Science practitioner or nursing care appropriate
| 15 | | therewith whenever request therefor is made by a person subject
| 16 | | to the provisions of this Act.
| 17 | | (n) "Victim" shall have the meaning ascribed to it in | 18 | | subsection (a) of
Section 3 of the Bill of Rights for Victims | 19 | | and Witnesses of Violent Crime Act.
| 20 | | (o) "Wrongfully imprisoned person" means a person who has | 21 | | been discharged from a prison of this State and
has received: | 22 | | (1) a pardon from the Governor stating that such pardon | 23 | | is issued on the ground of innocence of the crime for which | 24 | | he or she was imprisoned; or | 25 | | (2) a certificate of innocence from the Circuit Court | 26 | | under as provided in Section 2-702 or 702.5 of the Code of |
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| 1 | | Civil Procedure. | 2 | | (Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; | 3 | | 96-1000, eff. 7-2-10; 96-1550, eff. 7-1-11; 96-1551, eff. | 4 | | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 5 | | Section 20. The Code of Civil Procedure is amended by | 6 | | adding Section 2-702.5 as follows: | 7 | | (735 ILCS 5/2-702.5 new) | 8 | | Sec. 2-702.5. Automatic issuance of certificate of | 9 | | innocence. | 10 | | (a) If a person is released from prison after his or her | 11 | | judgment of conviction was reversed or vacated, and the | 12 | | indictment or information dismissed or, if a new trial was | 13 | | ordered, either he or she was found not guilty at the new trial | 14 | | or he or she was not retried and the indictment or information | 15 | | dismissed; or the statute, or application thereof, on which the | 16 | | indictment or information was based violated the Constitution | 17 | | of the United States or the Constitution of the State of | 18 | | Illinois; the court shall sua sponte enter a certificate of | 19 | | innocence finding that
the petitioner was innocent of all | 20 | | offenses for which he or she was incarcerated. | 21 | | (b) A certificate of innocence issued under this Section | 22 | | shall be provided to an eligible person upon his or her release | 23 | | from prison, or shall be made available for pickup from the | 24 | | clerk of the circuit court within a reasonable time after the |
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| 1 | | person's release from prison. | 2 | | (c) Upon entry of the certificate of innocence: (1) the | 3 | | clerk of the court shall transmit a copy of the certificate of | 4 | | innocence to the clerk of the Court of Claims, together with | 5 | | the claimant's current address; and (2) the court shall enter | 6 | | an order expunging or sealing the record of arrest from the
| 7 | | official records of the
arresting authority and directing that | 8 | | the records of the clerk of the circuit
court and Department of
| 9 | | State Police be sealed until further order of the court upon | 10 | | good cause shown
or as otherwise provided
by law, and that the | 11 | | name of the defendant be obliterated from the official index
| 12 | | requested to be kept by the
circuit court clerk under Section | 13 | | 16 of the Clerks of Courts Act in connection
with the arrest | 14 | | and
conviction for the offense, but the order shall not affect | 15 | | any index issued by
the circuit court clerk before the entry of | 16 | | the order. | 17 | | (d) Nothing in this Section may be construed as preventing | 18 | | a person from filing a petition under Section 2-702 of this | 19 | | Code.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 1015/2 | | | 4 | | 705 ILCS 505/8 | from Ch. 37, par. 439.8 | | 5 | | 705 ILCS 505/11 | from Ch. 37, par. 439.11 | | 6 | | 705 ILCS 505/22 | from Ch. 37, par. 439.22 | | 7 | | 730 ILCS 5/3-1-2 | from Ch. 38, par. 1003-1-2 | | 8 | | 735 ILCS 5/2-702.5 new | |
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