Full Text of HB0644 94th General Assembly
HB0644eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning imprisonment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Personnel Code is amended by adding Section | 5 |
| 8b.7-5 as
follows:
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| (20 ILCS 415/8b.7-5 new)
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| Sec. 8b.7-5. Unjustly imprisoned preference.
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| (a) A person shall be qualified for a preference in | 9 |
| entrance examinations if: (i) he or she has been discharged | 10 |
| from a prison of this State; (ii)
he or she has been
wrongfully | 11 |
| accused of a crime for which he or she was imprisoned; and | 12 |
| (iii) either a court
of competent jurisdiction finds that the | 13 |
| evidence that resulted in his or her
conviction was erroneous | 14 |
| or
that new evidence indicates that the person did not commit | 15 |
| the crime for which
he or she was imprisoned or the accused | 16 |
| received a pardon from the Governor stating that such pardon is | 17 |
| issued on the ground of innocence of the crime for which he or | 18 |
| she was imprisoned.
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| (b) The preference granted under this Section shall be in | 20 |
| the form of points
added to the final grade of the person if | 21 |
| the person otherwise qualifies and is
entitled to appear on the | 22 |
| list of those eligible for appointments.
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| (c) A person qualified for a preference under this Section | 24 |
| shall receive a
preference of 5 points.
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| (d) The Department of Central Management Services shall | 26 |
| adopt rules and
implement procedures to verify that any person | 27 |
| seeking a preference under this
Section provides documentation | 28 |
| or executes any consents or other documents
required by the | 29 |
| Department of Central Management Services or any other State
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| Department or agency to enable that Department or agency to | 31 |
| verify that the
person is entitled to the preference.
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| Section 10. The Court of Claims Act is amended by changing
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| Sections 8, 11, 22, and 24 and by adding Section 24.5 as | 3 |
| follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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| Sec. 8. Court of Claims jurisdiction. The court shall have | 6 |
| exclusive
jurisdiction to hear and determine the following | 7 |
| matters:
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| (a) All claims against the State founded upon any law of | 9 |
| the State of
Illinois or upon any regulation adopted thereunder | 10 |
| by an executive or
administrative officer or agency; provided, | 11 |
| however, the court shall not have
jurisdiction (i) to hear or | 12 |
| determine claims arising under
the Workers' Compensation Act or | 13 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 14 |
| in civil litigation, or (ii) to review administrative
decisions | 15 |
| for which a statute provides that review shall be in the | 16 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 18 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 20 |
| in prisons
of this State when
where the person
persons
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| imprisoned (i) was wrongfully accused of the crime for which he | 22 |
| or she was imprisoned and
a court of competent jurisdiction | 23 |
| finds that the evidence that resulted in
his or her conviction | 24 |
| was erroneous or that new evidence indicates that the
person | 25 |
| did not commit the crime for which he or she was imprisoned, or | 26 |
| (ii) the accused received
shall receive a pardon from
the | 27 |
| governor stating that such pardon is issued on the ground of
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| innocence of the crime for which they were imprisoned; | 29 |
| provided, the amount of the award is at the discretion of the | 30 |
| court; and provided, the
court shall make no award in excess of | 31 |
| the following amounts: for
imprisonment of 5 years or less, not | 32 |
| more than $85,350
$15,000 ; for imprisonment
of 14 years or less | 33 |
| but over 5 years, not more than $170,000
$30,000 ; for
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| imprisonment of over 14 years, not more than $199,150
$35,000 ; | 35 |
| and provided
further, the court shall fix attorney's fees not |
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| to exceed 25% of the award
granted. On or after the effective | 2 |
| date of this amendatory Act of the 94th General Assembly,
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| December 31, 1996, the court shall make a one-time adjustment | 4 |
| in the maximum awards
authorized by this subsection (c), to | 5 |
| reflect the increase in the cost of
living from the year in | 6 |
| which these maximum awards were last adjusted until
1996, but | 7 |
| with no annual increment exceeding 5%. Thereafter, the court | 8 |
| shall
annually adjust the maximum awards authorized by this | 9 |
| subsection (c) to reflect
the increase, if any, in the Consumer | 10 |
| Price Index For All Urban Consumers for
the previous calendar | 11 |
| year, as determined by the United States Department of
Labor, | 12 |
| except that no annual increment may exceed 5%. For both the | 13 |
| one-time
adjustment and the subsequent annual adjustments, if | 14 |
| the Consumer Price Index
decreases during a calendar year, | 15 |
| there shall be no adjustment for that
calendar year. The | 16 |
| changes made by this amendatory Act of the 94th General | 17 |
| Assembly apply to all
claims pending on or filed on or after | 18 |
| the effective date.
The changes made by Public Act 89-689 apply | 19 |
| to all claims filed on or after January 1, 1995 that
are | 20 |
| pending on December 31, 1996 and all claims filed on or after | 21 |
| December 31, 1996.
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| (d) All claims against the State for damages in cases | 23 |
| sounding in tort, if
a like cause of action would lie against a | 24 |
| private person or corporation in a
civil suit, and all like | 25 |
| claims sounding in tort against the Medical Center
Commission, | 26 |
| the Board of Trustees of the University of Illinois, the Board | 27 |
| of
Trustees of Southern Illinois University, the Board of | 28 |
| Trustees of Chicago
State University, the Board of Trustees of | 29 |
| Eastern Illinois University, the
Board of Trustees of Governors | 30 |
| State University, the Board of Trustees of
Illinois State | 31 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 33 |
| University, the Board
of Trustees of Western Illinois | 34 |
| University, or the Board of Trustees of the
Illinois | 35 |
| Mathematics and Science Academy; provided, that an award for | 36 |
| damages
in a case sounding in tort, other than certain cases |
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| 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
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| 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.
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| (e) All claims for recoupment made by the State of Illinois | 22 |
| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act.
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| (g) All claims filed pursuant to the Crime Victims | 26 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 28 |
| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section | 30 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 31 |
| expenses incurred by a party in a
contested case on the | 32 |
| administrative level.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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| Sec. 11. Filing claims.
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| (a) Except as otherwise provided in subsection (b) of this | 2 |
| Section and
subsection (3) of Section 24,
the claimant shall in | 3 |
| all cases set forth fully in his petition
the claim, the action | 4 |
| thereon, if any, on behalf of the State, what persons
are | 5 |
| owners thereof or interested therein, when and upon what | 6 |
| consideration
such persons became so interested; that no | 7 |
| assignment or transfer of the
claim or any part thereof or | 8 |
| interest therein has been made, except as
stated in the | 9 |
| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all | 11 |
| just
credits; and that claimant believes the facts stated in | 12 |
| the petition to be
true. The petition shall be verified, as to | 13 |
| statements of facts, by the
affidavit of the claimant, his | 14 |
| agent, or attorney.
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| (b) Whenever a person who has served a term of imprisonment | 16 |
| and has been
discharged from prison because a court of | 17 |
| competent jurisdiction has found
that the evidence that | 18 |
| resulted in the person's conviction was erroneous or
that new | 19 |
| evidence indicates that the person did not commit the crime for | 20 |
| which
he or she was convicted, the clerk of the court of | 21 |
| competent jurisdiction shall
transmit this information to the | 22 |
| clerk of the Court of Claims. Whenever a person who has served | 23 |
| a term of imprisonment and has received a pardon by the | 24 |
| Governor stating that such pardon was issued on the ground of | 25 |
| innocence of the crime for which he or she was imprisoned, the | 26 |
| Governor shall transmit this information to the clerk of the | 27 |
| Court of Claims. The clerk of
the
Court of Claims shall | 28 |
| immediately docket the case for consideration by the
Court of | 29 |
| Claims. The Court of Claims shall hear the case and render a | 30 |
| decision
within 90 days after its docketing. The transmission | 31 |
| by the clerk of the court
of competent jurisdiction or by the | 32 |
| Governor of the information described in this subsection (b)
to | 33 |
| the clerk of the Court
of Claims is conclusive evidence of the | 34 |
| validity of the claim.
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| (Source: Laws 1945, p. 660.)
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not | 3 |
| otherwise sooner
barred by law shall be forever barred from | 4 |
| prosecution therein unless it
is filed with the Clerk of the | 5 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 7 |
| within 5
years after it first accrues, saving to minors, and | 8 |
| persons under legal
disability at the time the claim accrues, | 9 |
| in which cases the claim must be
filed within 5 years from the | 10 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 12 |
| goods or services
under "The Illinois Public Aid Code", | 13 |
| approved April 11, 1967, as amended,
must file within one year | 14 |
| after the accrual of the cause of action, as provided
in | 15 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 17 |
| this Act
must
be automatically heard by the court
filed within | 18 |
| 120
days
2 years after the person unjustly imprisoned
asserting | 19 |
| such
claim is discharged
from prison without the person | 20 |
| unjustly imprisoned being required to file a
petition under | 21 |
| Section 11 of this Act
, or is granted a pardon by the | 22 |
| Governor, whichever occurs later,
except as otherwise provided | 23 |
| by the Crime Victims Compensation Act .
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| (d) All claims arising under paragraph (f) of Section 8 of | 25 |
| this Act must
be filed within one year of the date of the death | 26 |
| of the law enforcement
officer or fireman as provided in | 27 |
| Section 3 of the "Law Enforcement
Officers and Firemen | 28 |
| Compensation Act", approved September 30, 1969, as
amended.
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| (e) All claims arising under paragraph (h) of Section 8 of | 30 |
| this Act must
be filed within one year of the date of the death | 31 |
| of the guardsman or
militiaman as provided in Section 3 of the | 32 |
| "Illinois National Guardsman's
and Naval Militiaman's | 33 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of | 35 |
| this Act must
be filed within one year of the crime on which a | 36 |
| claim is based as
provided in Section 6.1 of the "Crime Victims |
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| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to | 3 |
| issue a
replacement warrant pursuant to Section 10.10 of the | 4 |
| State Comptroller Act
must be filed within 5 years after the | 5 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 7 |
| first accrues,
saving to minors, and persons under legal | 8 |
| disability at the time the claim
accrues, in which case the | 9 |
| claim must be filed within 2 years from the time
the disability | 10 |
| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 12 |
| apply to all
warrants issued within the 5 year period preceding | 13 |
| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the | 15 |
| rules
promulgated under this Act shall be binding and | 16 |
| jurisdictional, except upon
extension authorized by law or rule | 17 |
| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the | 22 |
| purposes
of this Section the Court may direct
immediate payment | 23 |
| of:
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| (a) All claims arising solely as a result of the | 25 |
| lapsing of an
appropriation out of which the obligation | 26 |
| could have been paid.
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| (b) All claims pursuant to the "Law Enforcement | 28 |
| Officers and Firemen
Compensation Act", approved September | 29 |
| 30, 1969, as amended.
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| (c) All claims pursuant to the "Illinois National | 31 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 32 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 34 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of |
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| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 3 |
| from the General
Revenue Fund for this purpose, direct the | 4 |
| payment of awards less than $50,000
solely as a result
of the | 5 |
| lapsing of an appropriation originally made from any fund held | 6 |
| by the
State Treasurer. For any such award paid from the | 7 |
| General Revenue Fund, the
court
shall thereafter seek an | 8 |
| appropriation from the fund from which the liability
originally | 9 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) From funds appropriated by the General Assembly for the | 11 |
| purposes of
paying claims under paragraph (c) of Section 8, the | 12 |
| court must direct payment
of each claim and the payment must be | 13 |
| received by the claimant within 60 days after the date that the | 14 |
| funds are appropriated for that purpose.
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| (Source: P.A. 92-357, eff. 8-15-01.)
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| (705 ILCS 505/24.5 new)
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| Sec. 24.5. Reimbursement by county. Except in cases | 18 |
| initiated by the Attorney General, in the case of an unjust | 19 |
| imprisonment where a judgment has been rendered against the | 20 |
| State under this Act in favor of a person who was unjustly | 21 |
| imprisoned, the county where the case for the imprisonment | 22 |
| originated shall reimburse the State for the full amount of the | 23 |
| judgment. | 24 |
| This amendatory Act of the 94th General Assembly shall | 25 |
| apply to causes of action filed on or after its effective date.
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law. |
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