Full Text of HB4080 98th General Assembly
HB4080ham001 98TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/27/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4080
| 2 | | AMENDMENT NO. ______. Amend House Bill 4080 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Court of Claims Act is amended by changing | 5 | | Section 8 as follows:
| 6 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 7 | | Sec. 8. Court of Claims jurisdiction; deliberation | 8 | | periods. The court shall have exclusive
jurisdiction to hear | 9 | | and determine the following matters:
| 10 | | (a) All claims against the State founded upon any law of | 11 | | the State of
Illinois or upon any regulation adopted thereunder | 12 | | by an executive or
administrative officer or agency; provided, | 13 | | however, the court shall not have
jurisdiction (i) to hear or | 14 | | determine claims arising under
the Workers' Compensation Act or | 15 | | the Workers' Occupational Diseases Act, or
claims for expenses | 16 | | in civil litigation, or (ii) to review administrative
decisions |
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| 1 | | for which a statute provides that review shall be in the | 2 | | circuit or
appellate court.
| 3 | | (b) All claims against the State founded upon any contract | 4 | | entered
into with the State of Illinois.
| 5 | | (c) All claims against the State for time unjustly served | 6 | | in prisons
of this State when
the person
imprisoned received
a | 7 | | pardon from
the governor stating that such pardon is issued on | 8 | | the ground of
innocence of the crime for which he or she was
| 9 | | imprisoned or he or she received a certificate of innocence | 10 | | from the Circuit Court as provided in Section 2-702 of the Code | 11 | | of Civil Procedure; provided, the amount of the award is at the | 12 | | discretion of the court; and provided, the
court shall make no | 13 | | award in excess of the following amounts: for
imprisonment of 5 | 14 | | years or less, not more than $85,350; for imprisonment
of 14 | 15 | | years or less but over 5 years, not more than $170,000; for
| 16 | | imprisonment of over 14 years, not more than $199,150; and | 17 | | provided
further, the court shall fix and award reasonable | 18 | | attorney's fees for representation before the Court of Claims | 19 | | and representation relating to the granting of the certificate | 20 | | of innocence or the pardon. The award of attorney's fees shall | 21 | | not not to exceed 25% of the award
granted for time unjustly | 22 | | served in prisons of the State and shall be paid in addition | 23 | | to, and not reduce, that award . On or after the effective date | 24 | | of this amendatory Act of the 95th General Assembly,
the court | 25 | | shall
annually adjust the maximum awards authorized by this | 26 | | subsection (c) to reflect
the increase, if any, in the Consumer |
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| 1 | | Price Index For All Urban Consumers for
the previous calendar | 2 | | year, as determined by the United States Department of
Labor, | 3 | | except that no annual increment may exceed 5%. For the annual | 4 | | adjustments, if the Consumer Price Index
decreases during a | 5 | | calendar year, there shall be no adjustment for that
calendar | 6 | | year. The transmission by the Prisoner Review Board or the | 7 | | clerk of the circuit court of the information described in | 8 | | Section 11(b) to the clerk of the Court of Claims is conclusive | 9 | | evidence of the validity of the claim. The changes made by this | 10 | | amendatory Act of the 95th General Assembly apply to all
claims | 11 | | pending on or filed on or after the effective date.
| 12 | | (d) All claims against the State for damages in cases | 13 | | sounding in tort, if
a like cause of action would lie against a | 14 | | private person or corporation in a
civil suit, and all like | 15 | | claims sounding in tort against the Medical Center
Commission, | 16 | | the Board of Trustees of the University of Illinois, the Board | 17 | | of
Trustees of Southern Illinois University, the Board of | 18 | | Trustees of Chicago
State University, the Board of Trustees of | 19 | | Eastern Illinois University, the
Board of Trustees of Governors | 20 | | State University, the Board of Trustees of
Illinois State | 21 | | University, the Board of Trustees of Northeastern Illinois
| 22 | | University, the Board of Trustees of Northern Illinois | 23 | | University, the Board
of Trustees of Western Illinois | 24 | | University, or the Board of Trustees of the
Illinois | 25 | | Mathematics and Science Academy; provided, that an award for | 26 | | damages
in a case sounding in tort, other than certain cases |
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| 1 | | involving the operation
of a State vehicle described in this | 2 | | paragraph, shall not exceed the sum of
$100,000 to or for the | 3 | | benefit of
any claimant. The $100,000 limit prescribed by this | 4 | | Section does not
apply to an award of damages in any case | 5 | | sounding in tort arising out of
the operation by a State | 6 | | employee of a vehicle owned, leased or
controlled by the State. | 7 | | The defense that the State or the Medical
Center Commission or | 8 | | the Board of Trustees of the University of Illinois, the
Board | 9 | | of Trustees of Southern Illinois University, the Board of | 10 | | Trustees of
Chicago State University, the Board of Trustees of | 11 | | Eastern Illinois University,
the Board of Trustees of Governors | 12 | | State University, the Board of Trustees of
Illinois State | 13 | | University, the Board of Trustees of Northeastern Illinois
| 14 | | University, the Board of Trustees of Northern Illinois | 15 | | University, the Board of
Trustees of Western Illinois | 16 | | University, or the Board of Trustees of the
Illinois | 17 | | Mathematics and Science Academy is not liable for the | 18 | | negligence of
its officers, agents, and employees in the course | 19 | | of their employment is not
applicable to the hearing and | 20 | | determination of such claims.
| 21 | | (e) All claims for recoupment made by the State of Illinois | 22 | | against
any claimant.
| 23 | | (f) All claims pursuant to the Line of Duty Compensation
| 24 | | Act. A claim under that Act must be heard and determined within | 25 | | one year after the application for that claim is filed with the | 26 | | Court as provided in that 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. A claim under that Act must be | 5 | | heard and determined within one year after the application for | 6 | | that claim is filed with the Court as provided in that Act.
| 7 | | (i) All claims authorized by subsection (a) of Section | 8 | | 10-55 of the Illinois
Administrative Procedure Act for the | 9 | | expenses incurred by a party in a
contested case on the | 10 | | administrative level.
| 11 | | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
| 12 | | Section 10. The Code of Civil Procedure is amended by | 13 | | changing Section 2-702 as follows: | 14 | | (735 ILCS 5/2-702) | 15 | | Sec. 2-702. Petition for a certificate of innocence that | 16 | | the petitioner was innocent of all offenses for which he or she | 17 | | was incarcerated. | 18 | | (a) The General Assembly finds and declares that innocent | 19 | | persons who have been wrongly convicted of crimes in Illinois | 20 | | and subsequently imprisoned have been frustrated in seeking | 21 | | legal redress due to a variety of substantive and technical | 22 | | obstacles in the law and that such persons should have an | 23 | | available avenue to obtain a finding of innocence so that they | 24 | | may obtain relief through a petition in the Court of Claims. |
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| 1 | | The General Assembly further finds misleading the current legal | 2 | | nomenclature which compels an innocent person to seek a pardon | 3 | | for being wrongfully incarcerated. It is the intent of the | 4 | | General Assembly that the court, in exercising its discretion | 5 | | as permitted by law regarding the weight and admissibility of | 6 | | evidence submitted pursuant to this Section, shall, in the | 7 | | interest of justice, give due consideration to difficulties of | 8 | | proof caused by the passage of time, the death or | 9 | | unavailability of witnesses, the destruction of evidence or | 10 | | other factors not caused by such persons or those acting on | 11 | | their behalf. | 12 | | (b) Any person convicted and subsequently imprisoned for | 13 | | one or more felonies by the State of Illinois which he or she | 14 | | did not commit may, under the conditions hereinafter provided, | 15 | | file a petition for certificate of innocence in the circuit | 16 | | court of the county in which the person was convicted. The | 17 | | petition shall request a certificate of innocence finding that | 18 | | the petitioner was innocent of all offenses for which he or she | 19 | | was incarcerated. | 20 | | (c) In order to present the claim for certificate of | 21 | | innocence of an unjust conviction and imprisonment, the | 22 | | petitioner must attach to his or her petition documentation | 23 | | demonstrating that: | 24 | | (1) he or she has been convicted of one or more | 25 | | felonies by the State of Illinois and subsequently | 26 | | sentenced to a term of imprisonment, and has served all or |
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| 1 | | any part of the sentence; and | 2 | | (2) his or her judgment of conviction was reversed or | 3 | | vacated, and the indictment or information dismissed or, if | 4 | | a new trial was ordered, either he or she was found not | 5 | | guilty at the new trial or he or she was not retried and | 6 | | the indictment or information dismissed; or the statute, or | 7 | | application thereof, on which the indictment or | 8 | | information was based violated the Constitution of the | 9 | | United States or the State of Illinois; and | 10 | | (3) his or her claim is not time barred by the | 11 | | provisions of subsection (i) of this Section. | 12 | | (d) The petition shall state facts in sufficient detail to | 13 | | permit the court to find that the petitioner is likely to | 14 | | succeed at trial in proving that the petitioner is innocent of | 15 | | the offenses charged in the indictment or information or his or | 16 | | her acts or omissions charged in the indictment or information | 17 | | did not constitute a felony or misdemeanor against the State of | 18 | | Illinois, and the petitioner did not by his or her own conduct | 19 | | voluntarily cause or bring about his or her conviction. The | 20 | | petition shall be verified by the petitioner. | 21 | | (e) A copy of the petition shall be served on the Attorney | 22 | | General and the State's Attorney of the county where the | 23 | | conviction was had. The Attorney General and the State's | 24 | | Attorney of the county where the conviction was had shall have | 25 | | the right to intervene as parties. | 26 | | (f) In any hearing seeking a certificate of innocence, the |
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| 1 | | court may take judicial notice of prior sworn testimony or | 2 | | evidence admitted in the criminal proceedings related to the | 3 | | convictions which resulted in the alleged wrongful | 4 | | incarceration, if the petitioner was either represented by | 5 | | counsel at such prior proceedings or the right to counsel was | 6 | | knowingly waived. | 7 | | (g) In order to obtain a certificate of innocence the | 8 | | petitioner must prove by a preponderance of evidence that: | 9 | | (1) the petitioner was convicted of one or more | 10 | | felonies by the State of Illinois and subsequently | 11 | | sentenced to a term of imprisonment, and has served all or | 12 | | any part of the sentence; | 13 | | (2)(A) the judgment of conviction was reversed or | 14 | | vacated, and the indictment or information dismissed or, if | 15 | | a new trial was ordered, either the petitioner was found | 16 | | not guilty at the new trial or the petitioner was not | 17 | | retried and the indictment or information dismissed; or (B) | 18 | | the statute, or application thereof, on which the | 19 | | indictment or information was based violated the | 20 | | Constitution of the United States or the State of Illinois; | 21 | | (3) the petitioner is innocent of the offenses charged | 22 | | in the indictment or information or his or her acts or | 23 | | omissions charged in the indictment or information did not | 24 | | constitute a felony or misdemeanor against the State; and | 25 | | (4) the petitioner did not voluntarily commit or suborn | 26 | | perjury or fabricate evidence to cause or bring about his |
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| 1 | | or her conviction; however, neither a confession nor | 2 | | admission later found to be false constitutes bringing | 3 | | about his or her own conviction under this Code by his or | 4 | | her own conduct
voluntarily cause or bring about his or her | 5 | | conviction . | 6 | | (h) If the court finds that the petitioner is entitled to a
| 7 | | judgment, it shall enter a certificate of innocence finding | 8 | | that
the petitioner was innocent of all offenses for which he | 9 | | or she was incarcerated. Upon entry of the certificate of | 10 | | innocence or pardon from the Governor stating that such pardon | 11 | | was issued on the ground of innocence of the crime for which he | 12 | | or she was imprisoned, (1) the clerk of the court shall | 13 | | transmit a copy of the certificate of innocence to the clerk of | 14 | | the Court of Claims, together with the claimant's current | 15 | | address; and (2) the court shall enter an order expunging the | 16 | | record of arrest from the
official records of the
arresting | 17 | | authority and order that the records of the clerk of the | 18 | | circuit
court and Department of
State Police be sealed until | 19 | | further order of the court upon good cause shown
or as | 20 | | otherwise provided
herein, and the name of the defendant | 21 | | obliterated from the official index
requested to be kept by the
| 22 | | circuit court clerk under Section 16 of the Clerks of Courts | 23 | | Act in connection
with the arrest and
conviction for the | 24 | | offense but the order shall not affect any index issued by
the | 25 | | circuit court clerk before the entry of the order. The court | 26 | | shall enter the expungement order regardless of whether the |
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| 1 | | petitioner has prior criminal convictions. | 2 | | All records sealed by the Department of State Police may be
| 3 | | disseminated by the Department only as required by law or to | 4 | | the arresting
authority, the State's Attorney, the court upon a | 5 | | later arrest for the same or
similar offense, or for the | 6 | | purpose of sentencing for any subsequent felony.
Upon | 7 | | conviction for any subsequent offense, the Department of | 8 | | Corrections shall
have access to all sealed records of the | 9 | | Department
pertaining to that individual. | 10 | | Upon entry of the order of expungement, the clerk of the | 11 | | circuit court shall
promptly mail a copy of the order to the | 12 | | person whose records were expunged and
sealed. | 13 | | (i) Any person seeking a certificate of innocence under | 14 | | this
Section based on the dismissal of an indictment or | 15 | | information
or acquittal that occurred before the effective | 16 | | date of this
amendatory Act of the 95th General Assembly shall | 17 | | file his or
her petition within 2 years after the effective | 18 | | date of this
amendatory Act of the 95th General Assembly. Any | 19 | | person seeking
a certificate of innocence under this Section | 20 | | based on the
dismissal of an indictment or information or | 21 | | acquittal that
occurred on or after the effective date of this | 22 | | amendatory Act
of the 95th General Assembly shall file his or | 23 | | her petition
within 2 years after the dismissal. | 24 | | (j) The decision to grant or deny a certificate of | 25 | | innocence shall be binding only with respect to claims filed in | 26 | | the Court of Claims and shall not have a res judicata effect on |
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| 1 | | any other proceedings.
| 2 | | (Source: P.A. 98-133, eff. 1-1-14.)".
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