Rep. Mary E. Flowers

Filed: 3/6/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1016

2    AMENDMENT NO. ______. Amend House Bill 1016 by replacing
3everything after the enacting clause with the following:
 
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
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,

 

 

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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, in a county jail, on
8    parole, on intensive supervision probation, or on the sex
9    offender registry, when the unjustly convicted person
10    imprisoned received a pardon from the Governor stating
11    that such pardon is issued on the ground of innocence of
12    the crime for which he or she was convicted imprisoned or
13    he or she received a certificate of innocence from the
14    Circuit Court as provided in Section 2-702 of the Code of
15    Civil Procedure. The court shall make an award of $50,000
16    per year, and prorated for any partial year, during which
17    the person was wrongfully incarcerated in a State
18    correctional institution or in a county jail, including
19    the time the person was incarcerated awaiting trial, and
20    $25,000 for each year, and prorated for any partial year,
21    during which the person was wrongfully on parole,
22    wrongfully on intensive supervision probation, or was
23    wrongfully required to register as a sex offender. In
24    addition, the Circuit Court shall make an award of
25    reasonable attorney's fees, costs, and expenses in the
26    amount determined by the Circuit Court after awarding a

 

 

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1    certificate of innocence under Section 2-702 of the Code
2    of Civil Procedure. The ; provided, the amount of the
3    award is at the discretion of the court; and provided, the
4    court shall make no award in excess of the following
5    amounts: for imprisonment of 5 years or less, not more
6    than $85,350; for imprisonment of 14 years or less but
7    over 5 years, not more than $170,000; for imprisonment of
8    over 14 years, not more than $199,150; and provided
9    further, the court shall fix attorney's fees not to exceed
10    25% of the award granted. On or after the effective date of
11    this amendatory Act of the 95th General Assembly, the
12    court shall annually adjust the maximum awards authorized
13    by this subsection (c) to reflect the increase, if any, in
14    the Consumer Price Index For All Urban Consumers for the
15    previous calendar year, as determined by the United States
16    Department of Labor, except that no annual increment may
17    exceed 5%. For the annual adjustments, if the Consumer
18    Price Index decreases during a calendar year, there shall
19    be no adjustment for that calendar year. The transmission
20    by the Prisoner Review Board or the clerk of the circuit
21    court of the information described in Section 11(b) to the
22    clerk of the Court of Claims is conclusive evidence of the
23    validity of the claim. The changes made by this amendatory
24    Act of the 95th General Assembly apply to all claims
25    pending on or filed on or after the effective date. The
26    changes made by this amendatory Act of the 103rd General

 

 

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1    Assembly apply to all claims pending or filed on or after
2    the effective date of this amendatory Act of the 103rd
3    General Assembly.
4        (d) All claims against the State for damages in cases
5    sounding in tort, if a like cause of action would lie
6    against a private person or corporation in a civil suit,
7    and all like claims sounding in tort against the Medical
8    Center Commission, the Board of Trustees of the University
9    of Illinois, the Board of Trustees of Southern Illinois
10    University, the Board of Trustees of Chicago State
11    University, the Board of Trustees of Eastern Illinois
12    University, the Board of Trustees of Governors State
13    University, the Board of Trustees of Illinois State
14    University, the Board of Trustees of Northeastern Illinois
15    University, the Board of Trustees of Northern Illinois
16    University, the Board of Trustees of Western Illinois
17    University, or the Board of Trustees of the Illinois
18    Mathematics and Science Academy; provided, that an award
19    for damages in a case sounding in tort, other than certain
20    cases involving the operation of a State vehicle described
21    in this paragraph, shall not exceed the sum of $2,000,000
22    to or for the benefit of any claimant. The $2,000,000
23    limit prescribed by this Section does not apply to an
24    award of damages in any case sounding in tort arising out
25    of the operation by a State employee of a vehicle owned,
26    leased or controlled by the State. The defense that the

 

 

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1    State or the Medical Center Commission or the Board of
2    Trustees of the University of Illinois, the Board of
3    Trustees of Southern Illinois University, the Board of
4    Trustees of Chicago State University, the Board of
5    Trustees of Eastern Illinois University, the Board of
6    Trustees of Governors State University, the Board of
7    Trustees of Illinois State University, the Board of
8    Trustees of Northeastern Illinois University, the Board of
9    Trustees of Northern Illinois University, the Board of
10    Trustees of Western Illinois University, or the Board of
11    Trustees of the Illinois Mathematics and Science Academy
12    is not liable for the negligence of its officers, agents,
13    and employees in the course of their employment is not
14    applicable to the hearing and determination of such
15    claims. The changes to this Section made by this
16    amendatory Act of the 100th General Assembly apply only to
17    claims filed on or after July 1, 2015.
18        The court shall annually adjust the maximum awards
19    authorized by this subsection to reflect the increase, if
20    any, in the Consumer Price Index For All Urban Consumers
21    for the previous calendar year, as determined by the
22    United States Department of Labor. The Comptroller shall
23    make the new amount resulting from each annual adjustment
24    available to the public via the Comptroller's official
25    website by January 31 of every year.
26        (e) All claims for recoupment made by the State of

 

 

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1    Illinois against any claimant.
2        (f) All claims pursuant to the Line of Duty
3    Compensation Act. A claim under that Act must be heard and
4    determined within one year after the application for that
5    claim is filed with the Court as provided in that Act.
6        (g) All claims filed pursuant to the Crime Victims
7    Compensation Act.
8        (h) All claims pursuant to the Illinois National
9    Guardsman's Compensation Act. A claim under that Act must
10    be heard and determined within one year after the
11    application for that claim is filed with the Court as
12    provided in that Act.
13        (i) All claims authorized by subsection (a) of Section
14    10-55 of the Illinois Administrative Procedure Act for the
15    expenses incurred by a party in a contested case on the
16    administrative level.
17(Source: P.A. 100-1124, eff. 11-27-18.)
 
18    (705 ILCS 505/11)  (from Ch. 37, par. 439.11)
19    Sec. 11. Filing claims.
20    (a) Except as otherwise provided in subsection (b) of this
21Section and subsection (4) of Section 24, the claimant shall
22in all cases set forth fully in his petition the claim, the
23action thereon, if any, on behalf of the State, what persons
24are owners thereof or interested therein, when and upon what
25consideration such persons became so interested; that no

 

 

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1assignment or transfer of the claim or any part thereof or
2interest therein has been made, except as stated in the
3petition; that the claimant is justly entitled to the amount
4therein claimed from the State of Illinois, after allowing all
5just credits; and that claimant believes the facts stated in
6the petition to be true. The petition shall be verified, as to
7statements of facts, by the affidavit of the claimant, his
8agent, or attorney.
9    (b) Whenever a person has served a term of imprisonment
10and has received a pardon by the Governor stating that such
11pardon was issued on the ground of innocence of the crime for
12which he or she was convicted imprisoned, the Prisoner Review
13Board shall transmit this information to the clerk of the
14Court of Claims, together with the claimant's current address.
15Whenever a person has served a term of imprisonment and has
16received a certificate of innocence from the Circuit Court as
17provided in Section 2-702 of the Code of Civil Procedure, the
18clerk of the issuing Circuit Court shall transmit this
19information to the clerk of the Court of Claims, together with
20the claimant's current address. The clerk of the Court of
21Claims shall immediately docket the case for consideration by
22the Court of Claims, and shall provide notice to the claimant
23of such docketing together with all hearing dates and
24applicable deadlines. The Court of Claims shall hear the case
25and render a decision within 90 days after its docketing.
26(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
 

 

 

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1    Section 10. The Code of Civil Procedure is amended by
2changing Section 2-702 as follows:
 
3    (735 ILCS 5/2-702)
4    Sec. 2-702. Petition for a certificate of innocence that
5the petitioner was innocent of all offenses for which he or she
6was incarcerated.
7    (a) The General Assembly finds and declares that innocent
8persons who have been wrongly convicted of crimes in Illinois
9and subsequently imprisoned have been frustrated in seeking
10legal redress due to a variety of substantive and technical
11obstacles in the law and that such persons should have an
12available avenue to obtain a finding of innocence so that they
13may obtain relief through a petition in the Court of Claims.
14The General Assembly further finds misleading the current
15legal nomenclature which compels an innocent person to seek a
16pardon for being wrongfully incarcerated. It is the intent of
17the General Assembly that the court, in exercising its
18discretion as permitted by law regarding the weight and
19admissibility of evidence submitted pursuant to this Section,
20shall, in the interest of justice, give due consideration to
21difficulties of proof caused by the passage of time, the death
22or unavailability of witnesses, the destruction of evidence or
23other factors not caused by such persons or those acting on
24their behalf.

 

 

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1    (b) Any person who is convicted or adjudicated a
2delinquent and subsequently serves any part of a sentence of
3incarceration in a State correctional institution or in a
4county jail, of parole, of intensive supervision probation, or
5of registration as a sex offender imprisoned for one or more
6felonies by the State of Illinois which he or she did not
7commit may, under the conditions hereinafter provided, file a
8petition for certificate of innocence in the circuit court of
9the county in which the person was convicted or adjudicated a
10delinquent. The petition shall request a certificate of
11innocence finding that the petitioner was innocent of one or
12more all offenses for which he or she was convicted
13incarcerated.
14    (c) In order to present the claim for certificate of
15innocence of an unjust conviction or juvenile delinquency
16adjudication and imprisonment, the petitioner must attach to
17his or her petition documentation demonstrating that:
18        (1) he or she has been convicted or adjudicated a
19    delinquent of one or more felonies by the State of
20    Illinois and subsequently sentenced to a term of
21    imprisonment, and has served all or any part of the
22    sentence; and
23        (2) his or her judgment of conviction or delinquency
24    adjudication was reversed or vacated, and the indictment,
25    or information, or petition dismissed or, if a new trial
26    was ordered, either he or she was found not guilty at the

 

 

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1    new trial or he or she was not retried and the indictment,
2    or information, or petition dismissed; or the statute, or
3    application thereof, on which the indictment or
4    information was based violated the Constitution of the
5    United States or the State of Illinois; and
6        (3) his or her claim is not time barred by the
7    provisions of subsection (i) of this Section.
8    (d) The petition shall state facts in sufficient detail to
9permit the court to find that the petitioner is likely to
10succeed at trial in proving that the petitioner is innocent of
11the alleged offenses for which he or she was convicted or
12adjudicated a delinquent charged in the indictment or
13information or his or her acts or omissions charged in the
14indictment or information did not constitute a felony or
15misdemeanor against the State of Illinois, and the petitioner
16did not by his or her own conduct voluntarily cause or bring
17about his or her conviction or juvenile delinquency
18adjudication. Neither a guilty plea nor a confession
19constitutes conduct causing or bringing about one's conviction
20or delinquency adjudication. The petition shall be verified by
21the petitioner.
22    (e) A copy of the petition shall be served on the Attorney
23General and the State's Attorney of the county where the
24conviction or juvenile delinquency adjudication was had. The
25Attorney General and the State's Attorney of the county where
26the conviction or juvenile delinquency adjudication was had

 

 

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1shall have the right to intervene as parties.
2    (f) In any hearing seeking a certificate of innocence, the
3court may take judicial notice of prior sworn testimony or
4evidence admitted in the criminal or juvenile delinquency
5proceedings related to the convictions or adjudications which
6resulted in the alleged wrongful incarceration, if the
7petitioner was either represented by counsel at such prior
8proceedings or the right to counsel was knowingly waived.
9    (g) In order to obtain a certificate of innocence the
10petitioner must prove by a preponderance of evidence that:
11        (1) the petitioner was convicted or adjudicated a
12    delinquent of one or more felonies by the State of
13    Illinois and subsequently sentenced to a term of
14    imprisonment, and has served all or any part of the
15    sentence;
16        (2)(A) the judgment of conviction or adjudication was
17    reversed or vacated, and the indictment or information
18    dismissed or, if a new trial was ordered, either the
19    petitioner was found not guilty at the new trial or the
20    petitioner was not retried and the indictment, or
21    information, or petition dismissed; or (B) the statute, or
22    application thereof, on which the indictment, or
23    information, or petition was based violated the
24    Constitution of the United States or the State of
25    Illinois;
26        (3) the petitioner is innocent of one or more of the

 

 

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1    offenses for which he or she was convicted or adjudicated
2    a delinquent charged in the indictment or information or
3    his or her acts or omissions charged in the indictment or
4    information did not constitute a felony or misdemeanor
5    against the State; and
6        (4) the petitioner did not by his or her own conduct
7    voluntarily cause or bring about his or her conviction or
8    juvenile delinquency adjudication. Neither a guilty plea
9    nor a confession constitutes conduct causing or bringing
10    about one's conviction or delinquency adjudication.
11    (h) If the court finds that the petitioner is entitled to a
12judgment, it shall enter a certificate of innocence finding
13that the petitioner was innocent of one or more all offenses
14for which he or she was convicted or adjudicated a delinquent.
15The court shall also make a determination, subject to proof by
16the claimant, of the reasonable attorney's fees, costs, and
17expenses incurred by the claimant in connection with obtaining
18the certificate of innocence under this Section incarcerated.
19Upon entry of the certificate of innocence or pardon from the
20Governor stating that such pardon was issued on the ground of
21innocence of the crime for which he or she was convicted or
22adjudicated a delinquent imprisoned, (1) the clerk of the
23court shall transmit a copy of the certificate of innocence to
24the clerk of the Court of Claims, together with the claimant's
25current address; and (2) the court shall enter an order
26expunging the record of arrest from the official records of

 

 

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1the arresting authority and order that the records of the
2clerk of the circuit court and the Illinois State Police be
3sealed until further order of the court upon good cause shown
4or as otherwise provided herein, and the name of the defendant
5or respondent in a juvenile delinquency proceeding obliterated
6from the official index requested to be kept by the circuit
7court clerk under Section 16 of the Clerks of Courts Act in
8connection with the arrest and conviction or delinquency
9adjudication for the offense but the order shall not affect
10any index issued by the circuit court clerk before the entry of
11the order. The court shall enter the expungement order
12regardless of whether the petitioner has prior criminal
13convictions or delinquency adjudications.
14    All records sealed by the Illinois State Police may be
15disseminated by the Department only as required by law or to
16the arresting authority, the State's Attorney, the court upon
17a later arrest for the same or similar offense, or for the
18purpose of sentencing for any subsequent felony. Upon
19conviction for any subsequent offense, the Department of
20Corrections shall have access to all sealed records of the
21Department pertaining to that individual.
22    Upon entry of the order of expungement, the clerk of the
23circuit court shall promptly mail a copy of the order to the
24person whose records were expunged and sealed.
25    (i) Any person seeking a certificate of innocence under
26this Section based on the dismissal of an indictment or

 

 

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1information or acquittal that occurred before the effective
2date of this amendatory Act of the 95th General Assembly shall
3file his or her petition within 2 years after the effective
4date of this amendatory Act of the 95th General Assembly. Any
5person seeking a certificate of innocence under this Section
6based on the dismissal of an indictment or information or
7acquittal that occurred on or after the effective date of this
8amendatory Act of the 95th General Assembly shall file his or
9her petition within 2 years after the dismissal or acquittal.
10Any person seeking a certificate of innocence under this
11Section based on the dismissal of a juvenile delinquency
12petition or an acquittal on such petition that occurred before
13the effective date of this amendatory Act of the 103rd General
14Assembly, including a petitioner whose petition was denied
15solely on the basis that this Section did not formerly apply to
16juvenile delinquency adjudications, shall file his or her
17petition within 4 years after the effective date of this
18amendatory Act of the 103rd General Assembly. Any person
19seeking a certificate of innocence under this Section based on
20the dismissal of a juvenile delinquency petition or an
21acquittal on such petition that occurred on or after the
22effective date of this amendatory Act of the 103rd General
23Assembly shall file his or her petition within 2 years after
24the dismissal or acquittal.
25    (j) The decision to grant or deny a certificate of
26innocence shall be binding only with respect to claims filed

 

 

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1in the Court of Claims and shall not have a res judicata effect
2on any other proceedings.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".