Bill Status of HB 230   95th General Assembly

Short Description:  COURT OF CLAIMS-PRISONERS

House Sponsors
Rep. Mary E. Flowers-Paul D. Froehlich-LaShawn K. Ford-Jim Durkin-Careen M Gordon, David E. Miller, Constance A. Howard, Wyvetter H. Younge, Monique D. Davis and Lisa M. Dugan

Senate Sponsors
(Sen. William Delgado-Kwame Raoul-Jacqueline Y. Collins-Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  9/25/2008HousePublic Act . . . . . . . . . 95-0970

Statutes Amended In Order of Appearance
20 ILCS 415/8b.7-5 new
20 ILCS 605/605-416 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
705 ILCS 505/24.5 new

Synopsis As Introduced
Amends the Personnel Code. Establishes a preference in the form of an entitlement to appear on the list of those eligible for appointments, if the person otherwise qualifies through testing 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) 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 such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall establish an individualized job training and continuing education program for each person who has been discharged from a prison of this State; and who has been wrongfully accused of a crime for which he or she was imprisoned; and whom 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 person received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for he or she was imprisoned. Amends the Court of Claims Act. Grants the court exclusive jurisdiction in those cases. Increases the maximum statutory awards to a person released from prison because of these factors. Effective immediately.

House Amendment No. 1
Adds reference to:
735 ILCS 5/2-702 new

Replaces everything after the enacting clause. Reinserts the provisions of the bill with these changes: (1) in the Department of Commerce and Economic Opportunity Law and in the Court of Claims Act, provides that a claim for unjust imprisonment is available to an accused who received a pardon from the Governor on the grounds of innocence or with respect to whom the court entered a declaratory judgment finding that the accused was innocent of all offenses for which he or she was incarcerated (rather than the court finding 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); (2) eliminates from the Court of Claims Act the new provision that except in cases initiated by the Attorney General, in cases of an unjust imprisonment where a judgment has been rendered against the State under the Act in favor of a person who was unjustly imprisoned, the county where the case for the imprisonment originated shall reimburse the State for the full amount of the judgment; and (3) amends the Code of Civil Procedure to provide that any person convicted and subsequently imprisoned by the State of Illinois for one or more felonies which he or she did not commit may, under specified conditions, file an action for declaratory judgment in the Circuit Court of the County in which the person was convicted. Effective immediately.

 Fiscal Note, House Amendment No. 1 (Court of Claims)
 The Court currently pays claims for illegal incarceration that have been adjudicated and awarded. To be eligible, the person must have received a gubernatorial pardon. As of 12/31/06, the maximum awards are: for imprisonment of 5 years or less, $60,150 (HB 230 $85,350), 5 years to 14 years, $144,849 (HB 230, $170,000), and over 14 years, $161,006 (HB 230, $199,150). The fiscal impact of HB 230 cannot be accurately determined because the number of awards to be made in the future is unknown. In FY 05, 2 claims were paid totaling $274,454, FY 06, 4 claims for a total of $604,866, and FY 07, 2 claims for a total of $221,156.

 Fiscal Note, House Amendment No. 2 (Court of Claims)
 The Court currently pays claims for illegal incarceration that have been adjudicated and awarded. To be eligible, the person must have received a gubernatorial pardon. As of 12/31/06, the maximum awards are: for imprisonment of 5 years or less, $60,150 (HB 230 $85,350), 5 years to 14 years, $144,849 (HB 230, $170,000), and over 14 years, $161,006 (HB 230, $199,150). The fiscal impact of HB 230 cannot be accurately determined because the number of awards to be made in the future is unknown. In FY 05, 2 claims were paid totaling $274,454, FY 06, 4 claims for a total of $604,866, and FY 07, 2 claims for a total of $221,156.

 State Debt Impact Note, House Amendment No. 1 (Government Forecasting & Accountability)
 HB 230 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Amendment No. 2 (Government Forecasting & Accountability)
 HB 230 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Correctional Note, House Amendment No. 1 (Dept of Corrections)
 There is no fiscal impact on the Department attributed to this legislation.

 Fiscal Note, House Amendment No. 1 (Dept of Corrections)
 There is no fiscal impact on the Department attributed to this legislation.

 Correctional Note, House Amendment No. 2 (Dept of Corrections)
 There is no fiscal impact on the Department attributed to this legislation.

 Fiscal Note, House Amendment No. 2 (Dept of Corrections)
 There is no fiscal impact on the Department attributed to this legislation.

 Fiscal Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 Although the number of cases that would be involved is estimated to be relatively small (10-20 annually), the amount of work for each case could vary greatly depending on the work and education experience of the client. Based upon the average new admission to the Department of Corrections, it is estimated that each client would require a two program costing a total of $63,120. Based upon the estimated number of new clients annually, the fiscal impact would range from $631,200 to $1,262,400 annually.

 Fiscal Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 Although the number of cases that would be involved is estimated to be relatively small (10-20 annually), the amount of work for each case could vary greatly depending on the work and education experience of the client. Based upon the average new admission to the Department of Corrections, it is estimated that each client would require a two program costing a total of $63,120. Based upon the estimated number of new clients annually, the fiscal impact would range from $631,200 to $1,262,400 annually.

House Amendment No. 4
Deletes reference to:
20 ILCS 415/8b.7-5 new

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended with these changes: (1) deletes the amendatory changes to the Personnel Code; (2) deletes the amendatory changes to the Code of Civil Procedure; (3) in the amendatory changes to the Court of Claims Act, deletes provisions that a court of competent jurisdiction must enter a declaratory judgment finding that the accused was innocent of all offenses for which he or she was incarcerated; (4) amends the Code of Civil Procedure to establish procedures and qualifications for the issuance of a certificate of innocence by the Circuit Court which would entitle the person to an award under the Court of Claims Act; and (5) provides that in any hearing seeking a certificate of innocence, the court may take judicial notice of prior sworn testimony or evidence admitted in the criminal proceedings related to the convictions which resulted in the alleged wrongful incarceration, if the petitioner was either represented by counsel at such prior proceedings or the right to counsel was knowingly waived. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
20 ILCS 605/605-416 new
Adds reference to:
20 ILCS 1015/2

Deletes the amendatory changes to the Department of Commerce and Economic Opportunity Law. Adds similar changes to the Public Employment Office Act. Deletes provisions that the prisoner must have been wrongfully accused of a crime for which he or she was imprisoned. Provides for the transmission of a copy of the certificate of innocence or information of the granting of a pardon to the Court of Claims.

 Fiscal Note (Dept. of Employment Security)
 Having no current or recent experience administering training or continuing education programs, IDES defers to the previous estimates offered by DCEO: they assumed 10-20 cases per year at an estimated annual cost of between $631,200 to $1,262,400 annually. Other cost categories of potential significance that are not included in the DCEO estimate but would need to be considered if IDES would be administering the program are the start-up costs for any new equipment and systems and the ongoing annual postage costs for the program. Specific cost estimates for those components are difficult to estimate without a more specific program structure. IDES administers the Unemployment Insurance, Employment Service, Labor Market Information and related programs where the administrative funds are from categorical Federal administrative grants which cannot be used for any other purpose. These proposed activities under HB 230 would have to be State funded and for the most part administered separately and distinctly from IDES administration of its current federal programs.

Senate Floor Amendment No. 2
Replaces the amendatory changes to the Public Employment Office Act. Amends the Public Employment Office Act. Provides that each local office of the Department of Employment Security shall provide each person who has been discharged from a prison of this State if the person received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned or he or she has received a certificate of innocence from the Circuit Court with job search and placement services, including assessment, resume assistance, interview preparation, occupational and labor market information, referral to employers with job openings to which the person is suited and referral to such job training and education program providers as may be appropriate and available through the partnering agencies with which the local office is affiliated.

Actions 
DateChamber Action
  1/10/2007HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/19/2007HouseFirst Reading
  1/19/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Judiciary II - Criminal Law Committee
  2/7/2007HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  3/2/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/2/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/2/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 009-000-004
  3/2/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/23/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  4/23/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  4/25/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  4/25/2007HouseHouse Amendment No. 1 Fiscal Note Requested as Amended by Rep. Jim Sacia
  4/25/2007HouseHouse Amendment No. 2 Fiscal Note Requested as Amended by Rep. Jim Sacia
  4/25/2007HouseHouse Amendment No. 1 Correctional Note Requested as Amended by Rep. Jim Sacia
  4/25/2007HouseHouse Amendment No. 2 Correctional Note Requested as Amended by Rep. Jim Sacia
  4/25/2007HouseHouse Amendment No. 1 State Debt Impact Note Requested as Amended by Rep. Jim Sacia
  4/25/2007HouseHouse Amendment No. 2 State Debt Impact Note Requested as Amended by Rep. Jim Sacia
  4/26/2007HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  4/26/2007HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  4/26/2007HouseAdded Chief Co-Sponsor Rep. LaShawn K. Ford
  4/26/2007HouseHouse Amendment No. 1 State Debt Impact Note Filed as Amended
  4/26/2007HouseHouse Amendment No. 2 State Debt Impact Note Filed as Amended
  4/26/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers
  4/26/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  4/27/2007HouseAdded Chief Co-Sponsor Rep. Jim Durkin
  4/27/2007HouseHouse Amendment No. 1 Correctional Note Filed as Amended
  4/27/2007HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  4/27/2007HouseHouse Amendment No. 2 Correctional Note Filed as Amended
  4/27/2007HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  4/27/2007HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  4/27/2007HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  4/30/2007HouseHouse Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee
  5/1/2007HouseAdded Chief Co-Sponsor Rep. Careen M Gordon
  5/1/2007HouseHouse Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-005-000
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/9/2007HouseHouse Amendment No. 4 Filed with Clerk by Rep. Mary E. Flowers
  5/9/2007HouseHouse Amendment No. 4 Referred to Rules Committee
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/14/2007HouseHouse Amendment No. 4 Recommends Be Adopted Rules Committee; 005-000-000
  5/16/2007HouseSecond Reading - Short Debate
  5/16/2007HouseHouse Amendment No. 2 Withdrawn by Rep. Mary E. Flowers
  5/16/2007HouseHouse Amendment No. 3 Withdrawn by Rep. Mary E. Flowers
  5/16/2007HouseHouse Amendment No. 4 Adopted by Voice Vote
  5/16/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/18/2007HouseAdded Co-Sponsor Rep. David E. Miller
  5/18/2007HouseAdded Co-Sponsor Rep. Constance A. Howard
  5/18/2007HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  5/18/2007HouseThird Reading - Short Debate - Passed 078-034-000
  5/18/2007HouseFinal Action Deadline Extended-9(b) May 25, 2007
  5/22/2007SenateArrive in Senate
  5/22/2007SenatePlaced on Calendar Order of First Reading
  5/22/2007SenateChief Senate Sponsor Sen. William Delgado
  5/22/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/22/2007SenateFirst Reading
  5/22/2007SenateReferred to Rules
  2/14/2008SenateAssigned to Judiciary Criminal Law
  2/21/2008SenatePostponed - Judiciary Criminal Law
  2/28/2008SenateHeld in Judiciary Criminal Law
  3/5/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William Delgado
  3/5/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  3/5/2008SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law
  3/5/2008SenateSenate Committee Amendment No. 1 Adopted
  3/6/2008SenateDo Pass as Amended Judiciary Criminal Law; 009-000-000
  3/6/2008SenatePlaced on Calendar Order of 2nd Reading March 11, 2008
  3/11/2008SenateFiscal Note Filed as amended by Senate Committee Amendment No. 1, from the Illinois Department of Security.
  5/16/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William Delgado
  5/16/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  5/20/2008SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Criminal Law
  5/21/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Criminal Law; 006-000-000
  5/22/2008SenateSecond Reading
  5/22/2008SenateSenate Floor Amendment No. 2 Adopted; Delgado
  5/22/2008SenatePlaced on Calendar Order of 3rd Reading May 23, 2008
  5/22/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/23/2008SenateThird Reading - Passed; 052-000-000
  5/29/2008HouseArrived in House
  5/29/2008HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  5/29/2008HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Mary E. Flowers
  5/29/2008HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Mary E. Flowers
  5/29/2008HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2008HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/31/2008HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-000-000
  5/31/2008HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 003-000-000
  5/31/2008HouseSenate Committee Amendment No. 1 House Concurs 102-010-001
  5/31/2008HouseSenate Floor Amendment No. 2 House Concurs 102-010-001
  5/31/2008HouseAdded Co-Sponsor Rep. Monique D. Davis
  5/31/2008HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  5/31/2008HousePassed Both Houses
  6/30/2008HouseSent to the Governor
  8/29/2008HouseGovernor Vetoed
  9/8/2008HousePlaced on Calendar Total Veto September 10, 2008
  9/8/2008HouseMotion Filed Override Governor Veto Rep. Mary E. Flowers
  9/10/2008House3/5 Vote Required
  9/10/2008HouseOverride Governor Veto - House Passed 085-027-000
  9/22/2008SenatePlaced Calendar Total Veto September 22, 2008
  9/22/2008SenateMotion Filed Override Governor Veto Sen. William Delgado
  9/22/2008Senate3/5 Vote Required
  9/22/2008SenateOverride Governor Veto - Senate Passed 055-000-000
  9/22/2008HouseBoth Houses Override Total Veto
  9/25/2008HouseEffective Date September 22, 2008
  9/25/2008HousePublic Act . . . . . . . . . 95-0970

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