Bill Status of HB 86   102nd General Assembly

Short Description:  CRT CLAIMS-UNJUST IMPRISONMENT

House Sponsors
Rep. Mary E. Flowers-Carol Ammons, Rita Mayfield and Elizabeth Hernandez

Senate Sponsors
(Sen. Patricia Van Pelt-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
705 ILCS 505/8from Ch. 37, par. 439.8

Synopsis As Introduced
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.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date.

 Fiscal Note (Court of Claims)
 House Bill 86 could have a cost to the State of Illinois, however no dollar estimate can be given. Under the current statute, award amounts for innocent individuals that were incarcerated are in three tiers, with maximum payouts based on the length of incareration. Each tier could be affected by this amendment, which allows payment of $50,000.00 per year in cases involving coerced confessions. It is not possible to forecast the number of future innocence claims that may be received by the Court of Claims, nor the lengths of incarceration or circumstances surrounding any individual future claim. The Court received approximately 50 certificates in fiscal year 2020 and, to date, over 70 certificates in fiscal year 2021.

House Floor Amendment No. 3
Adds an immediate effective date.

Actions 
DateChamber Action
  1/13/2021HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/14/2021HouseFirst Reading
  1/14/2021HouseReferred to Rules Committee
  1/20/2021HouseAdded Co-Sponsor Rep. Rita Mayfield
  2/23/2021HouseAssigned to Judiciary - Criminal Committee
  3/5/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/5/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/10/2021HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  3/11/2021HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/12/2021HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  3/12/2021HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/12/2021HouseFiscal Note Filed
  3/16/2021HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/16/2021HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/16/2021HouseDo Pass as Amended / Consent Calendar Judiciary - Criminal Committee; 019-000-000
  3/18/2021HousePlaced on Calendar 2nd Reading - Consent Calendar
  3/18/2021HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  3/19/2021HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers
  3/19/2021HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/23/2021HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  3/23/2021HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/14/2021HouseSecond Reading - Consent Calendar
  4/14/2021HouseHeld on Calendar Order of Second Reading - Consent Calendar
  4/14/2021HouseRemoved from Consent Calendar Status Rep. Dan Brady
  4/14/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  4/21/2021HouseHouse Floor Amendment No. 3 Adopted
  4/21/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2021HouseThird Reading - Short Debate - Passed 117-000-000
  4/21/2021SenateArrive in Senate
  4/21/2021SenatePlaced on Calendar Order of First Reading April 22, 2021
  4/22/2021SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/22/2021SenateFirst Reading
  4/22/2021SenateReferred to Assignments
  4/23/2021SenateAlternate Chief Sponsor Changed to Sen. Patricia Van Pelt
  4/28/2021SenateAssigned to Appropriations
  5/3/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/21/2021SenateRule 3-9(a) / Re-referred to Assignments
  1/10/2023HouseSession Sine Die

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