Full Text of SB0757 102nd General Assembly
SB0757sam001 102ND GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 4/16/2021
| | 10200SB0757sam001 | | LRB102 04574 LNS 25430 a |
|
| 1 | | AMENDMENT TO SENATE BILL 757
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 757 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 | 11 | | of the State of
Illinois or upon any regulation adopted | 12 | | thereunder by an executive or
administrative officer or | 13 | | agency; provided, however, the court shall not have
| 14 | | jurisdiction (i) to hear or determine claims arising under
| 15 | | the Workers' Compensation Act or the Workers' Occupational | 16 | | Diseases Act, or
claims for expenses in civil litigation, |
| | | 10200SB0757sam001 | - 2 - | LRB102 04574 LNS 25430 a |
|
| 1 | | or (ii) to review administrative
decisions for which a | 2 | | statute provides that review shall be in the circuit or
| 3 | | appellate court.
| 4 | | (b) All claims against the State founded upon any | 5 | | contract entered
into with the State of Illinois.
| 6 | | (c) All claims against the State for time unjustly | 7 | | served in prisons
of this State when
the person
imprisoned | 8 | | received
a pardon from
the Governor stating that such | 9 | | pardon is issued on the ground of
innocence of the crime | 10 | | for which he or she was
imprisoned or he or she received a | 11 | | certificate of innocence from the Circuit Court as | 12 | | provided in Section 2-702 of the Code of Civil Procedure . | 13 | | The court shall award $50,000 per year during which the | 14 | | person was wrongfully imprisoned, including any pretrial | 15 | | detention period regarding the offense or offenses in | 16 | | question. In its determination of the award, the court | 17 | | shall include the number of years the person was | 18 | | imprisoned while
awaiting trial. The court shall make a | 19 | | separate award of reasonable attorney's fees and costs | 20 | | expended in connection with obtaining the certificate of | 21 | | innocence under Section 2-702 of the Code of Civil | 22 | | Procedure, in the amount previously determined by the | 23 | | Circuit Court. The ; provided, the amount of the award is | 24 | | at the discretion of the court; and provided, the
court | 25 | | shall make no award in excess of the following amounts: | 26 | | for
imprisonment of 5 years or less, not more than |
| | | 10200SB0757sam001 | - 3 - | LRB102 04574 LNS 25430 a |
|
| 1 | | $85,350; for imprisonment
of 14 years or less but over 5 | 2 | | years, not more than $170,000; for
imprisonment of over 14 | 3 | | years, not more than $199,150; and provided
further, the | 4 | | court shall fix attorney's fees not to exceed 25% of the | 5 | | award
granted. On or after the effective date of this | 6 | | amendatory Act of the 95th General Assembly,
the court | 7 | | shall
annually adjust the maximum awards authorized by | 8 | | this subsection (c) to reflect
the increase, if any, in | 9 | | the Consumer Price Index For All Urban Consumers for
the | 10 | | previous calendar year, as determined by the United States | 11 | | Department of
Labor, except that no annual increment may | 12 | | exceed 5%. For the annual adjustments, if the Consumer | 13 | | Price Index
decreases during a calendar year, there shall | 14 | | be no adjustment for that
calendar year. The transmission | 15 | | by the Prisoner Review Board or the clerk of the circuit | 16 | | court of the information described in Section 11(b) to the | 17 | | clerk of the Court of Claims is conclusive evidence of the | 18 | | validity of the claim. The changes made by Public Act | 19 | | 95-970 this amendatory Act of the 95th General Assembly | 20 | | apply to all
claims pending on or filed on or after | 21 | | September 22, 2008 ( the effective date of Public Act | 22 | | 95-970). The changes made by this amendatory Act of the | 23 | | 102nd General Assembly apply to all claims pending on or | 24 | | filed on or after the effective date .
| 25 | | (d) All claims against the State for damages in cases | 26 | | sounding in tort, if
a like cause of action would lie |
| | | 10200SB0757sam001 | - 4 - | LRB102 04574 LNS 25430 a |
|
| 1 | | against a private person or corporation in a
civil suit, | 2 | | and all like claims sounding in tort against the Medical | 3 | | Center
Commission, the Board of Trustees of the University | 4 | | of Illinois, the Board of
Trustees of Southern Illinois | 5 | | University, the Board of Trustees of Chicago
State | 6 | | University, the Board of Trustees of Eastern Illinois | 7 | | University, the
Board of Trustees of Governors State | 8 | | University, the Board of Trustees of
Illinois State | 9 | | University, the Board of Trustees of Northeastern Illinois
| 10 | | University, the Board of Trustees of Northern Illinois | 11 | | University, the Board
of Trustees of Western Illinois | 12 | | University, or the Board of Trustees of the
Illinois | 13 | | Mathematics and Science Academy; provided, that an award | 14 | | for damages
in a case sounding in tort, other than certain | 15 | | cases involving the operation
of a State vehicle described | 16 | | in this paragraph, shall not exceed the sum of $2,000,000
| 17 | | to or for the benefit of
any claimant. The $2,000,000 | 18 | | limit prescribed by this Section does not
apply to an | 19 | | award of damages in any case sounding in tort arising out | 20 | | of
the operation by a State employee of a vehicle owned, | 21 | | leased or
controlled by the State. The defense that the | 22 | | State or the Medical
Center Commission or the Board of | 23 | | Trustees of the University of Illinois, the
Board of | 24 | | Trustees of Southern Illinois University, the Board of | 25 | | Trustees of
Chicago State University, the Board of | 26 | | Trustees of Eastern Illinois University,
the Board of |
| | | 10200SB0757sam001 | - 5 - | LRB102 04574 LNS 25430 a |
|
| 1 | | Trustees of Governors State University, the Board of | 2 | | Trustees of
Illinois State University, the Board of | 3 | | Trustees of Northeastern Illinois
University, the Board of | 4 | | Trustees of Northern Illinois University, the Board of
| 5 | | Trustees of Western Illinois University, or the Board of | 6 | | Trustees of the
Illinois Mathematics and Science Academy | 7 | | is not liable for the negligence of
its officers, agents, | 8 | | and employees in the course of their employment is not
| 9 | | applicable to the hearing and determination of such | 10 | | claims. The changes to this Section made by this | 11 | | amendatory Act of the 100th General Assembly apply only to | 12 | | claims filed on or after July 1, 2015. | 13 | | The court shall
annually adjust the maximum awards | 14 | | authorized by this subsection to reflect
the increase, if | 15 | | any, in the Consumer Price Index For All Urban Consumers | 16 | | for
the previous calendar year, as determined by the | 17 | | United States Department of
Labor. The Comptroller shall | 18 | | make the new amount resulting from each annual adjustment | 19 | | available to the public via the Comptroller's official | 20 | | website by January 31 of every year.
| 21 | | (e) All claims for recoupment made by the State of | 22 | | Illinois against
any claimant.
| 23 | | (f) All claims pursuant to the Line of Duty | 24 | | Compensation
Act. A claim under that Act must be heard and | 25 | | determined within one year after the application for that | 26 | | claim is filed with the Court as provided in that Act.
|
| | | 10200SB0757sam001 | - 6 - | LRB102 04574 LNS 25430 a |
|
| 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 | 5 | | be heard and determined within one year after the | 6 | | application for that claim is filed with the Court as | 7 | | provided in that Act.
| 8 | | (i) All claims authorized by subsection (a) of Section | 9 | | 10-55 of the Illinois
Administrative Procedure Act for the | 10 | | expenses incurred by a party in a
contested case on the | 11 | | administrative level.
| 12 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
| 13 | | Section 10. The Code of Civil Procedure is amended by | 14 | | changing Section 2-702 as follows: | 15 | | (735 ILCS 5/2-702) | 16 | | Sec. 2-702. Petition for a certificate of innocence that | 17 | | the petitioner was innocent of all offenses for which he or she | 18 | | was incarcerated. | 19 | | (a) The General Assembly finds and declares that innocent | 20 | | persons who have been wrongly convicted of crimes in Illinois | 21 | | and subsequently imprisoned have been frustrated in seeking | 22 | | legal redress due to a variety of substantive and technical | 23 | | obstacles in the law and that such persons should have an | 24 | | available avenue to obtain a finding of innocence so that they |
| | | 10200SB0757sam001 | - 7 - | LRB102 04574 LNS 25430 a |
|
| 1 | | may obtain relief through a petition in the Court of Claims. | 2 | | The General Assembly further finds misleading the current | 3 | | legal nomenclature which compels an innocent person to seek a | 4 | | pardon for being wrongfully incarcerated. It is the intent of | 5 | | the General Assembly that the court, in exercising its | 6 | | discretion as permitted by law regarding the weight and | 7 | | admissibility of evidence submitted pursuant to this Section, | 8 | | shall, in the interest of justice, give due consideration to | 9 | | difficulties of proof caused by the passage of time, the death | 10 | | or unavailability of witnesses, the destruction of evidence or | 11 | | other factors not caused by such persons or those acting on | 12 | | their behalf. | 13 | | (b) Any person convicted and subsequently imprisoned for | 14 | | one or more felonies by the State of Illinois which he or she | 15 | | did not commit may, under the conditions hereinafter provided, | 16 | | file a petition for certificate of innocence in the circuit | 17 | | court of the county in which the person was convicted. The | 18 | | petition shall request a certificate of innocence finding that | 19 | | the petitioner was innocent of all offenses for which he or she | 20 | | was incarcerated. | 21 | | (c) In order to present the claim for certificate of | 22 | | innocence of an unjust conviction and imprisonment, the | 23 | | petitioner must attach to his or her petition documentation | 24 | | demonstrating that: | 25 | | (1) he or she has been convicted of one or more | 26 | | felonies by the State of Illinois and subsequently |
| | | 10200SB0757sam001 | - 8 - | LRB102 04574 LNS 25430 a |
|
| 1 | | sentenced to a term of imprisonment, and has served all or | 2 | | any part of the sentence; and | 3 | | (2) his or her judgment of conviction was reversed or | 4 | | vacated, and the indictment or information dismissed or, | 5 | | if a new trial was ordered, either he or she was found not | 6 | | guilty at the new trial or he or she was not retried and | 7 | | the indictment or information dismissed; or the statute, | 8 | | or application thereof, on which the indictment or | 9 | | information was based violated the Constitution of the | 10 | | United States or the State of Illinois; and | 11 | | (3) his or her claim is not time barred by the | 12 | | provisions of subsection (i) of this Section. | 13 | | (d) The petition shall state facts in sufficient detail to | 14 | | permit the court to find that the petitioner is likely to | 15 | | succeed at trial in proving that the petitioner is innocent of | 16 | | the offenses charged in the indictment or information or his | 17 | | or her acts or omissions charged in the indictment or | 18 | | information did not constitute a felony or misdemeanor against | 19 | | the State of Illinois, and the petitioner did not by his or her | 20 | | own conduct voluntarily cause or bring about his or her | 21 | | conviction. The petition shall be verified by the petitioner. | 22 | | (e) A copy of the petition shall be served on the Attorney | 23 | | General and the State's Attorney of the county where the | 24 | | conviction was had. The Attorney General and the State's | 25 | | Attorney of the county where the conviction was had shall have | 26 | | the right to intervene as parties. |
| | | 10200SB0757sam001 | - 9 - | LRB102 04574 LNS 25430 a |
|
| 1 | | (f) In any hearing seeking a certificate of innocence, the | 2 | | court may take judicial notice of prior sworn testimony or | 3 | | evidence admitted in the criminal proceedings related to the | 4 | | convictions which resulted in the alleged wrongful | 5 | | incarceration, if the petitioner was either represented by | 6 | | counsel at such prior proceedings or the right to counsel was | 7 | | knowingly waived. | 8 | | (g) In order to obtain a certificate of innocence the | 9 | | petitioner must prove by a preponderance of evidence that: | 10 | | (1) the petitioner was convicted of one or more | 11 | | felonies by the State of Illinois and subsequently | 12 | | sentenced to a term of imprisonment, and has served all or | 13 | | any part of the sentence; | 14 | | (2)(A) the judgment of conviction was reversed or | 15 | | vacated, and the indictment or information dismissed or, | 16 | | if a new trial was ordered, either the petitioner was | 17 | | found not guilty at the new trial or the petitioner was not | 18 | | retried and the indictment or information dismissed; or | 19 | | (B) the statute, or application thereof, on which the | 20 | | indictment or information was based violated the | 21 | | Constitution of the United States or the State of | 22 | | Illinois; | 23 | | (3) the petitioner is innocent of the offenses charged | 24 | | in the indictment or information or his or her acts or | 25 | | omissions charged in the indictment or information did not | 26 | | constitute a felony or misdemeanor against the State; and |
| | | 10200SB0757sam001 | - 10 - | LRB102 04574 LNS 25430 a |
|
| 1 | | (4) the petitioner did not by his or her own conduct
| 2 | | voluntarily cause or bring about his or her conviction. | 3 | | (h) If the court finds that the petitioner is entitled to a
| 4 | | judgment, it shall enter a certificate of innocence finding | 5 | | that
the petitioner was innocent of all offenses for which he | 6 | | or she was incarcerated. Upon entry of the certificate of | 7 | | innocence or pardon from the Governor stating that such pardon | 8 | | was issued on the ground of innocence of the crime for which he | 9 | | or she was imprisoned, (1) the clerk of the court shall | 10 | | transmit a copy of the certificate of innocence to the clerk of | 11 | | the Court of Claims, together with the claimant's current | 12 | | address; and (2) the court shall enter an order expunging the | 13 | | record of arrest from the
official records of the
arresting | 14 | | authority and order that the records of the clerk of the | 15 | | circuit
court and Department of
State Police be sealed until | 16 | | further order of the court upon good cause shown
or as | 17 | | otherwise provided
herein, and the name of the defendant | 18 | | obliterated from the official index
requested to be kept by | 19 | | the
circuit court clerk under Section 16 of the Clerks of | 20 | | Courts Act in connection
with the arrest and
conviction for | 21 | | the offense but the order shall not affect any index issued by
| 22 | | the circuit court clerk before the entry of the order. The | 23 | | court shall enter the expungement order regardless of whether | 24 | | the petitioner has prior criminal convictions. | 25 | | Upon the motion of the petitioner and according to proof, | 26 | | the court shall make a determination on the record of |
| | | 10200SB0757sam001 | - 11 - | LRB102 04574 LNS 25430 a |
|
| 1 | | reasonable attorney's fees and costs expended in connection | 2 | | with obtaining the certificate of innocence under this | 3 | | Section.
No attorney shall accept a fee in excess of that | 4 | | amount for representing a petitioner in connection with | 5 | | obtaining a certificate of innocence under this Section. | 6 | | All records sealed by the Department of State Police may | 7 | | be
disseminated by the Department only as required by law or to | 8 | | the arresting
authority, the State's Attorney, the court upon | 9 | | a later arrest for the same or
similar offense, or for the | 10 | | purpose of sentencing for any subsequent felony.
Upon | 11 | | conviction for any subsequent offense, the Department of | 12 | | Corrections shall
have access to all sealed records of the | 13 | | Department
pertaining to that individual. | 14 | | Upon entry of the order of expungement, the clerk of the | 15 | | circuit court shall
promptly mail a copy of the order to the | 16 | | person whose records were expunged and
sealed. | 17 | | (i) Any person seeking a certificate of innocence under | 18 | | this
Section based on the dismissal of an indictment or | 19 | | information
or acquittal that occurred before the effective | 20 | | date of this
amendatory Act of the 95th General Assembly shall | 21 | | file his or
her petition within 2 years after the effective | 22 | | date of this
amendatory Act of the 95th General Assembly. Any | 23 | | person seeking
a certificate of innocence under this Section | 24 | | based on the
dismissal of an indictment or information or | 25 | | acquittal that
occurred on or after the effective date of this | 26 | | amendatory Act
of the 95th General Assembly shall file his or |
| | | 10200SB0757sam001 | - 12 - | LRB102 04574 LNS 25430 a |
|
| 1 | | her petition
within 2 years after the dismissal. | 2 | | (j) The decision to grant or deny a certificate of | 3 | | innocence shall be binding only with respect to claims filed | 4 | | in the Court of Claims and shall not have a res judicata effect | 5 | | on any other proceedings.
| 6 | | (Source: P.A. 98-133, eff. 1-1-14.)".
|
|