Illinois General Assembly - Full Text of HB1782
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Full Text of HB1782  100th General Assembly

HB1782 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1782

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 505/8  from Ch. 37, par. 439.8

    Amends the Court of Claims Act. Provides that if a person who has been granted a pardon or issued a certificate of innocence establishes that he or she plead guilty due to a forced confession, the Court of Claims shall make an award of $50,000 per year the person was wrongfully imprisoned and attorney's fees not exceeding 25% of the award granted. Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination of the award and that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Provides that the court shall annually adjust the awards authorized by the new provisions to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. Makes corresponding changes. Effective immediately.


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A BILL FOR

 

HB1782LRB100 06932 HEP 16983 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Court of Claims Act is amended by changing
5Sections 8 and 11 as follows:
 
6    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
7    Sec. 8. Court of Claims jurisdiction; deliberation
8periods. The court shall have exclusive jurisdiction to hear
9and determine the following matters:
10    (a) All claims against the State founded upon any law of
11the State of Illinois or upon any regulation adopted thereunder
12by an executive or administrative officer or agency; provided,
13however, the court shall not have jurisdiction (i) to hear or
14determine claims arising under the Workers' Compensation Act or
15the Workers' Occupational Diseases Act, or claims for expenses
16in civil litigation, or (ii) to review administrative decisions
17for which a statute provides that review shall be in the
18circuit or appellate court.
19    (b) All claims against the State founded upon any contract
20entered into with the State of Illinois.
21    (c) Except as provided in subsection (c-5), all All claims
22against the State for time unjustly served in prisons of this
23State when the person imprisoned received a pardon from the

 

 

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1governor stating that such pardon is issued on the ground of
2innocence of the crime for which he or she was imprisoned or he
3or she received a certificate of innocence from the Circuit
4Court as provided in Section 2-702 of the Code of Civil
5Procedure. The ; provided, the amount of the award is at the
6discretion of the court; however and provided, the court shall
7make no award in excess of the following amounts: for
8imprisonment of 5 years or less, not more than $85,350; for
9imprisonment of 14 years or less but over 5 years, not more
10than $170,000; for imprisonment of over 14 years, not more than
11$199,150. The ; and provided further, the court shall fix
12attorney's fees not to exceed 25% of the award granted. On or
13after the effective date of this amendatory Act of the 95th
14General Assembly, the court shall annually adjust the maximum
15awards authorized by this subsection (c) to reflect the
16increase, if any, in the Consumer Price Index For All Urban
17Consumers for the previous calendar year, as determined by the
18United States Department of Labor, except that no annual
19increment may exceed 5%. For the annual adjustments, if the
20Consumer Price Index decreases during a calendar year, there
21shall be no adjustment for that calendar year. The transmission
22by the Prisoner Review Board or the clerk of the circuit court
23of the information described in Section 11(b) to the clerk of
24the Court of Claims is conclusive evidence of the validity of
25the claim. The changes made by this amendatory Act of the 95th
26General Assembly apply to all claims pending on or filed on or

 

 

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1after the effective date.
2    (c-5) If a person who has received a pardon from the
3Governor or a certificate of innocence from the Circuit Court
4as provided in Section 2-702 of the Code of Civil Procedure
5establishes that he or she plead guilty to the crime for which
6he or she was convicted due to a coerced confession, the court
7shall make an award of $50,000 per year the person was
8wrongfully imprisoned and shall prorate that amount for a
9fraction of a year that the person was wrongfully imprisoned.
10The court shall fix attorney's fees not to exceed 25% of the
11award granted. The court shall include the number of years the
12person was imprisoned awaiting trial in its determination of
13the award. The court shall include an additional $25,000 for
14each year served on parole, probation, or registered as a sex
15offender after imprisonment. The court shall annually adjust
16the awards authorized by this subsection (c-5) to reflect the
17increase, if any, in the Consumer Price Index For All Urban
18Consumers for the previous calendar year, as determined by the
19United States Department of Labor, except that no annual
20increment may exceed 5%. For the annual adjustments, if the
21Consumer Price Index decreases during a calendar year, there
22shall be no adjustment for that calendar year. The changes made
23by this amendatory Act of the 100th General Assembly apply to
24all claims pending on or filed on or after the effective date.
25    (d) All claims against the State for damages in cases
26sounding in tort, if a like cause of action would lie against a

 

 

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1private person or corporation in a civil suit, and all like
2claims sounding in tort against the Medical Center Commission,
3the Board of Trustees of the University of Illinois, the Board
4of Trustees of Southern Illinois University, the Board of
5Trustees of Chicago State University, the Board of Trustees of
6Eastern Illinois University, the Board of Trustees of Governors
7State University, the Board of Trustees of Illinois State
8University, the Board of Trustees of Northeastern Illinois
9University, the Board of Trustees of Northern Illinois
10University, the Board of Trustees of Western Illinois
11University, or the Board of Trustees of the Illinois
12Mathematics and Science Academy; provided, that an award for
13damages in a case sounding in tort, other than certain cases
14involving the operation of a State vehicle described in this
15paragraph, shall not exceed the sum of $100,000 to or for the
16benefit of any claimant. The $100,000 limit prescribed by this
17Section does not apply to an award of damages in any case
18sounding in tort arising out of the operation by a State
19employee of a vehicle owned, leased or controlled by the State.
20The defense that the State or the Medical Center Commission or
21the Board of Trustees of the University of Illinois, the Board
22of Trustees of Southern Illinois University, the Board of
23Trustees of Chicago State University, the Board of Trustees of
24Eastern Illinois University, the Board of Trustees of Governors
25State University, the Board of Trustees of Illinois State
26University, the Board of Trustees of Northeastern Illinois

 

 

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1University, the Board of Trustees of Northern Illinois
2University, the Board of Trustees of Western Illinois
3University, or the Board of Trustees of the Illinois
4Mathematics and Science Academy is not liable for the
5negligence of its officers, agents, and employees in the course
6of their employment is not applicable to the hearing and
7determination of such claims.
8    (e) All claims for recoupment made by the State of Illinois
9against any claimant.
10    (f) All claims pursuant to the Line of Duty Compensation
11Act. A claim under that Act must be heard and determined within
12one year after the application for that claim is filed with the
13Court as provided in that Act.
14    (g) All claims filed pursuant to the Crime Victims
15Compensation Act.
16    (h) All claims pursuant to the Illinois National
17Guardsman's Compensation Act. A claim under that Act must be
18heard and determined within one year after the application for
19that claim is filed with the Court as provided in that Act.
20    (i) All claims authorized by subsection (a) of Section
2110-55 of the Illinois Administrative Procedure Act for the
22expenses incurred by a party in a contested case on the
23administrative level.
24(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.