Bill Status of HB 644   94th General Assembly

Short Description:  COURT OF CLAIMS-PRISONERS

House Sponsors
Rep. Mary E. Flowers

Senate Sponsors
(Sen. Kwame Raoul)


Last Action  View All Actions

DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 415/8b.7-5 new
705 ILCS 505/8from Ch. 37, par. 439.8
705 ILCS 505/11from Ch. 37, par. 439.11
705 ILCS 505/22from Ch. 37, par. 439.22
705 ILCS 505/24from Ch. 37, par. 439.24

Synopsis As Introduced
Amends the Personnel Code. Establishes a preference in an entrance examination of 5 points for a person if: (i) he or she has been discharged from a prison of this State; (ii) he or she has been wrongfully accused of a crime for which he or she was imprisoned; and (iii) a court of competent jurisdiction finds that the evidence that resulted in his or her conviction was erroneous or that new evidence indicates that the person did not commit the crime for which he or she was imprisoned. Amends the Court of Claims Act. Grants the court exclusive jurisdiction over claims for time unjustly served when the person was wrongfully accused of the crime for which he or she was imprisoned and a court of competent jurisdiction finds that the evidence that resulted in his or her conviction was erroneous or that new evidence indicates that the person did not commit the crime for which he or she was imprisoned (instead of jurisdiction where the persons shall receive a pardon by the Governor stating that such pardon is issued on the ground of innocence of the crime for which they were imprisoned). Increases the maximum statutory awards to a person released from prison because of these factors. Effective immediately.

House Amendment No. 1
Adds reference to:
705 ILCS 505/24.5 new

Deletes everything after the enacting clause. Reinserts the provisions of the original bill with the following changes. In the Personnel Code qualifications for a preference in entrance examinations, provides that, as a requirement for qualification, either a court of competent jurisdiction finds that the evidence that resulted in his or her conviction was erroneous or that new evidence indicates that the person did not commit the crime for which he or she was imprisoned or the accused received a pardon from the Governor stating that the pardon was issued on the ground of innocence of the crime for which he or she was imprisoned. Further amends the Court of Claims Act. Provides that claims arising out of unjust imprisonment must be automatically heard by the court within 120 days after the person unjustly imprisoned is discharged from prison (rather than heard and paid). Restores language concerning the jurisdiction of the court for claims of unjust imprisonment where the accused received a pardon from the Governor stating that the pardon was issued on the ground of innocence of the crime for which the person was imprisoned. Provides that the court must direct payment of each claim for wrongful imprisonment and the payment must be received by the claimant within 60 days after the date that the funds are appropriated for that purpose (rather than 120 days after discharge from prison). Requires that, in the case of an unjust imprisonment where a judgment has been rendered against the State in favor of a person who was wrongfully imprisoned, the county where the case for imprisonment originated shall reimburse the State for the full amount of the judgment. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  1/28/2005HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/31/2005HouseFirst Reading
  1/31/2005HouseReferred to Rules Committee
  2/24/2005HouseAssigned to Judiciary II - Criminal Law Committee
  3/10/2005HouseRule 19(a) / Re-referred to Rules Committee
  4/6/2005HouseAssigned to Judiciary II - Criminal Law Committee
  4/12/2005HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  4/12/2005HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  4/12/2005HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 009-005-000
  4/12/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/12/2005HouseSecond Reading - Short Debate
  4/12/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2005HouseThird Reading - Short Debate - Passed 067-041-001
  4/15/2005HouseMotion Filed to Reconsider Vote Rep. Michael P. McAuliffe
  4/15/2005HouseMotion Tabled
  4/19/2005SenateArrive in Senate
  4/19/2005SenatePlaced on Calendar Order of First Reading April 20, 2005
  4/20/2005SenateChief Senate Sponsor Sen. Kirk W. Dillard
  4/21/2005SenateFirst Reading
  4/21/2005SenateReferred to Rules
  4/21/2005SenateAssigned to Judiciary
  5/4/2005SenateAlternate Chief Sponsor Changed to Sen. Kwame Raoul
  5/5/2005SenateHeld in Judiciary
  5/6/2005SenateRule 3-9(a) / Re-referred to Rules
  1/9/2007HouseSession Sine Die

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