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1 | AN ACT concerning imprisonment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 605-416 as follows: | ||||||
7 | (20 ILCS 605/605-416 new)
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8 | Sec. 605-416. Persons unjustly imprisoned; job training | ||||||
9 | and continuing education. The Department shall establish an | ||||||
10 | individualized job training and continuing education program | ||||||
11 | for each person if he or she has been discharged from a prison | ||||||
12 | of this State; and if he or she has been
wrongfully accused of | ||||||
13 | a crime for which he or she was imprisoned; and if the person | ||||||
14 | received a pardon from the Governor stating that such pardon is | ||||||
15 | issued on the ground of innocence of the crime for which he or | ||||||
16 | she was imprisoned or he or she has received a certificate of | ||||||
17 | innocence from the Circuit Court as provided in Section 2-702 | ||||||
18 | of the Code of Civil Procedure.
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19 | Section 10. The Court of Claims Act is amended by changing
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20 | Sections 8, 11, 22, and 24 and by adding Section 24.5 as | ||||||
21 | follows:
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1 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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2 | Sec. 8. Court of Claims jurisdiction. The court shall have | ||||||
3 | exclusive
jurisdiction to hear and determine the following | ||||||
4 | matters:
| ||||||
5 | (a) All claims against the State founded upon any law of | ||||||
6 | the State of
Illinois or upon any regulation adopted thereunder | ||||||
7 | by an executive or
administrative officer or agency; provided, | ||||||
8 | however, the court shall not have
jurisdiction (i) to hear or | ||||||
9 | determine claims arising under
the Workers' Compensation Act or | ||||||
10 | the Workers' Occupational Diseases Act, or
claims for expenses | ||||||
11 | in civil litigation, or (ii) to review administrative
decisions | ||||||
12 | for which a statute provides that review shall be in the | ||||||
13 | circuit or
appellate court.
| ||||||
14 | (b) All claims against the State founded upon any contract | ||||||
15 | entered
into with the State of Illinois.
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16 | (c) All claims against the State for time unjustly served | ||||||
17 | in prisons
of this State when
where the person
persons
| ||||||
18 | imprisoned was wrongfully accused of the crime for which he or | ||||||
19 | she was imprisoned and
the accused received
shall receive a | ||||||
20 | pardon from
the governor stating that such pardon is issued on | ||||||
21 | the ground of
innocence of the crime for which he or she was
| ||||||
22 | they were imprisoned or he or she received a certificate of | ||||||
23 | innocence from the Circuit Court as provided in Section 2-702 | ||||||
24 | of the Code of Civil Procedure ; provided, the amount of the | ||||||
25 | award is at the discretion of the court; and provided, the
| ||||||
26 | court shall make no award in excess of the following amounts: |
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1 | for
imprisonment of 5 years or less, not more than $85,350
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2 | $15,000 ; for imprisonment
of 14 years or less but over 5 years, | ||||||
3 | not more than $170,000
$30,000 ; for
imprisonment of over 14 | ||||||
4 | years, not more than $199,150
$35,000 ; and provided
further, | ||||||
5 | the court shall fix attorney's fees not to exceed 25% of the | ||||||
6 | award
granted. On or after the effective date of this | ||||||
7 | amendatory Act of the 95th General Assembly,
On December 31, | ||||||
8 | 1996, the court shall make a one-time adjustment in the maximum | ||||||
9 | awards
authorized by this subsection (c), to reflect the | ||||||
10 | increase in the cost of
living from the year in which these | ||||||
11 | maximum awards were last adjusted until
1996, but with no | ||||||
12 | annual increment exceeding 5%. Thereafter, the court shall
| ||||||
13 | annually adjust the maximum awards authorized by this | ||||||
14 | subsection (c) to reflect
the increase, if any, in the Consumer | ||||||
15 | Price Index For All Urban Consumers for
the previous calendar | ||||||
16 | year, as determined by the United States Department of
Labor, | ||||||
17 | except that no annual increment may exceed 5%. For both the | ||||||
18 | one-time
adjustment and the subsequent annual adjustments, if | ||||||
19 | the Consumer Price Index
decreases during a calendar year, | ||||||
20 | there shall be no adjustment for that
calendar year. The | ||||||
21 | changes made by this amendatory Act of the 95th General | ||||||
22 | Assembly apply to all
claims pending on or filed on or after | ||||||
23 | the effective date.
The changes made by Public Act 89-689 apply | ||||||
24 | to all claims filed on or after January 1, 1995 that
are | ||||||
25 | pending on December 31, 1996 and all claims filed on or after | ||||||
26 | December 31, 1996.
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1 | (d) All claims against the State for damages in cases | ||||||
2 | sounding in tort, if
a like cause of action would lie against a | ||||||
3 | private person or corporation in a
civil suit, and all like | ||||||
4 | claims sounding in tort against the Medical Center
Commission, | ||||||
5 | the Board of Trustees of the University of Illinois, the Board | ||||||
6 | of
Trustees of Southern Illinois University, the Board of | ||||||
7 | Trustees of Chicago
State University, the Board of Trustees of | ||||||
8 | Eastern Illinois University, the
Board of Trustees of Governors | ||||||
9 | State University, the Board of Trustees of
Illinois State | ||||||
10 | University, the Board of Trustees of Northeastern Illinois
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11 | University, the Board of Trustees of Northern Illinois | ||||||
12 | University, the Board
of Trustees of Western Illinois | ||||||
13 | University, or the Board of Trustees of the
Illinois | ||||||
14 | Mathematics and Science Academy; provided, that an award for | ||||||
15 | damages
in a case sounding in tort, other than certain cases | ||||||
16 | involving the operation
of a State vehicle described in this | ||||||
17 | paragraph, shall not exceed the sum of
$100,000 to or for the | ||||||
18 | benefit of
any claimant. The $100,000 limit prescribed by this | ||||||
19 | Section does not
apply to an award of damages in any case | ||||||
20 | sounding in tort arising out of
the operation by a State | ||||||
21 | employee of a vehicle owned, leased or
controlled by the State. | ||||||
22 | The defense that the State or the Medical
Center Commission or | ||||||
23 | the Board of Trustees of the University of Illinois, the
Board | ||||||
24 | of Trustees of Southern Illinois University, the Board of | ||||||
25 | Trustees of
Chicago State University, the Board of Trustees of | ||||||
26 | Eastern Illinois University,
the Board of Trustees of Governors |
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1 | State University, the Board of Trustees of
Illinois State | ||||||
2 | University, the Board of Trustees of Northeastern Illinois
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3 | University, the Board of Trustees of Northern Illinois | ||||||
4 | University, the Board of
Trustees of Western Illinois | ||||||
5 | University, or the Board of Trustees of the
Illinois | ||||||
6 | Mathematics and Science Academy is not liable for the | ||||||
7 | negligence of
its officers, agents, and employees in the course | ||||||
8 | of their employment is not
applicable to the hearing and | ||||||
9 | determination of such claims.
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10 | (e) All claims for recoupment made by the State of Illinois | ||||||
11 | against
any claimant.
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12 | (f) All claims pursuant to the Line of Duty Compensation
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13 | Act.
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14 | (g) All claims filed pursuant to the Crime Victims | ||||||
15 | Compensation Act.
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16 | (h) All claims pursuant to the Illinois National | ||||||
17 | Guardsman's Compensation
Act.
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18 | (i) All claims authorized by subsection (a) of Section | ||||||
19 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
20 | expenses incurred by a party in a
contested case on the | ||||||
21 | administrative level.
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22 | (Source: P.A. 93-1047, eff. 10-18-04.)
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23 | (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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24 | Sec. 11. Filing claims.
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25 | (a) Except as otherwise provided in subsection (b) of this |
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1 | Section and
subsection (3) of Section 24,
the claimant shall in | ||||||
2 | all cases set forth fully in his petition
the claim, the action | ||||||
3 | thereon, if any, on behalf of the State, what persons
are | ||||||
4 | owners thereof or interested therein, when and upon what | ||||||
5 | consideration
such persons became so interested; that no | ||||||
6 | assignment or transfer of the
claim or any part thereof or | ||||||
7 | interest therein has been made, except as
stated in the | ||||||
8 | petition; that the claimant is justly entitled to the amount
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9 | therein claimed from the State of Illinois, after allowing all | ||||||
10 | just
credits; and that claimant believes the facts stated in | ||||||
11 | the petition to be
true. The petition shall be verified, as to | ||||||
12 | statements of facts, by the
affidavit of the claimant, his | ||||||
13 | agent, or attorney.
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14 | (b) Whenever a person has served a term of imprisonment and | ||||||
15 | has received a pardon by the Governor stating that such pardon | ||||||
16 | was issued on the ground of innocence of the crime for which he | ||||||
17 | or she was imprisoned, or a certificate of innocence from the | ||||||
18 | Circuit Court as provided in Section 2-702 of the Code of Civil | ||||||
19 | Procedure, the Governor shall transmit this information to the | ||||||
20 | clerk of the Court of Claims. The clerk of
the
Court of Claims | ||||||
21 | shall immediately docket the case for consideration by the
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22 | Court of Claims. The Court of Claims shall hear the case and | ||||||
23 | render a decision
within 90 days after its docketing. The | ||||||
24 | transmission by the Governor of the information described in | ||||||
25 | this subsection (b)
to the clerk of the Court
of Claims is | ||||||
26 | conclusive evidence of the validity of the claim.
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1 | (Source: Laws 1945, p. 660.)
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2 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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3 | Sec. 22. Every claim cognizable by the Court and not | ||||||
4 | otherwise sooner
barred by law shall be forever barred from | ||||||
5 | prosecution therein unless it
is filed with the Clerk of the | ||||||
6 | Court within the time set forth as follows:
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7 | (a) All claims arising out of a contract must be filed | ||||||
8 | within 5
years after it first accrues, saving to minors, and | ||||||
9 | persons under legal
disability at the time the claim accrues, | ||||||
10 | in which cases the claim must be
filed within 5 years from the | ||||||
11 | time the disability ceases.
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12 | (b) All claims cognizable against the State by vendors of | ||||||
13 | goods or services
under "The Illinois Public Aid Code", | ||||||
14 | approved April 11, 1967, as amended,
must file within one year | ||||||
15 | after the accrual of the cause of action, as provided
in | ||||||
16 | Section 11-13 of that Code.
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17 | (c) All claims arising under paragraph (c) of Section 8 of | ||||||
18 | this Act
must
be automatically heard by the court
filed within | ||||||
19 | 120
days
2 years after the person unjustly imprisoned
asserting | ||||||
20 | such
claim is discharged
from prison without the person | ||||||
21 | unjustly imprisoned being required to file a
petition under | ||||||
22 | Section 11 of this Act , or is granted a pardon by the Governor, | ||||||
23 | whichever occurs later,
except as otherwise provided by the | ||||||
24 | Crime Victims Compensation Act .
| ||||||
25 | (d) All claims arising under paragraph (f) of Section 8 of |
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1 | this Act must
be filed within one year of the date of the death | ||||||
2 | of the law enforcement
officer or fireman as provided in | ||||||
3 | Section 3 of the "Law Enforcement
Officers and Firemen | ||||||
4 | Compensation Act", approved September 30, 1969, as
amended.
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5 | (e) All claims arising under paragraph (h) of Section 8 of | ||||||
6 | this Act must
be filed within one year of the date of the death | ||||||
7 | of the guardsman or
militiaman as provided in Section 3 of the | ||||||
8 | "Illinois National Guardsman's
and Naval Militiaman's | ||||||
9 | Compensation Act", approved August 12, 1971, as amended.
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10 | (f) All claims arising under paragraph (g) of Section 8 of | ||||||
11 | this Act must
be filed within one year of the crime on which a | ||||||
12 | claim is based as
provided in Section 6.1 of the "Crime Victims | ||||||
13 | Compensation Act", approved
August 23, 1973, as amended.
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14 | (g) All claims arising from the Comptroller's refusal to | ||||||
15 | issue a
replacement warrant pursuant to Section 10.10 of the | ||||||
16 | State Comptroller Act
must be filed within 5 years after the | ||||||
17 | issue date of such warrant.
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18 | (h) All other claims must be filed within 2 years after it | ||||||
19 | first accrues,
saving to minors, and persons under legal | ||||||
20 | disability at the time the claim
accrues, in which case the | ||||||
21 | claim must be filed within 2 years from the time
the disability | ||||||
22 | ceases.
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23 | (i) The changes made by this amendatory Act of 1989 shall | ||||||
24 | apply to all
warrants issued within the 5 year period preceding | ||||||
25 | the effective date of
this amendatory Act of 1989.
| ||||||
26 | (j) All time limitations established under this Act and the |
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1 | rules
promulgated under this Act shall be binding and | ||||||
2 | jurisdictional, except upon
extension authorized by law or rule | ||||||
3 | and granted pursuant to a motion timely filed.
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4 | (Source: P.A. 86-458.)
| ||||||
5 | (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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6 | Sec. 24. Payment of awards.
| ||||||
7 | (1) From funds appropriated by the General Assembly for the | ||||||
8 | purposes
of this Section the Court may direct
immediate payment | ||||||
9 | of:
| ||||||
10 | (a) All claims arising solely as a result of the | ||||||
11 | lapsing of an
appropriation out of which the obligation | ||||||
12 | could have been paid.
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13 | (b) All claims pursuant to the "Law Enforcement | ||||||
14 | Officers and Firemen
Compensation Act", approved September | ||||||
15 | 30, 1969, as amended.
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16 | (c) All claims pursuant to the "Illinois National | ||||||
17 | Guardsman's and
Naval Militiaman's Compensation Act", | ||||||
18 | approved August 12, 1971, as
amended.
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19 | (d) All claims pursuant to the "Crime Victims | ||||||
20 | Compensation Act",
approved August 23, 1973, as amended.
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21 | (e) All other claims wherein the amount of the award of | ||||||
22 | the Court
is less than $5,000.
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23 | (2) The court may, from funds specifically appropriated | ||||||
24 | from the General
Revenue Fund for this purpose, direct the | ||||||
25 | payment of awards less than $50,000
solely as a result
of the |
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1 | lapsing of an appropriation originally made from any fund held | ||||||
2 | by the
State Treasurer. For any such award paid from the | ||||||
3 | General Revenue Fund, the
court
shall thereafter seek an | ||||||
4 | appropriation from the fund from which the liability
originally | ||||||
5 | accrued in reimbursement of the General Revenue Fund.
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6 | (3) From funds appropriated by the General Assembly for the | ||||||
7 | purposes of
paying claims under paragraph (c) of Section 8, the | ||||||
8 | court must direct payment
of each claim and the payment must be | ||||||
9 | received by the claimant within 60 days after the date that the | ||||||
10 | funds are appropriated for that purpose.
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11 | (Source: P.A. 92-357, eff. 8-15-01.)
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12 | (705 ILCS 505/24.5 new)
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13 | Sec. 24.5. Applicability. This amendatory Act of the 95th | ||||||
14 | General Assembly shall apply to causes of action filed on or | ||||||
15 | after its effective date.
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16 | Section 15. The Code of Civil Procedure is amended by | ||||||
17 | adding Section 2-702 as follows: | ||||||
18 | (735 ILCS 5/2-702 new)
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19 | Sec. 2-702. Petition for a certificate of innocence that | ||||||
20 | the petitioner was innocent of all offenses for which he or she | ||||||
21 | was incarcerated. | ||||||
22 | (a) The General Assembly finds and declares that innocent | ||||||
23 | persons who have been wrongly convicted of crimes in Illinois |
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1 | and subsequently imprisoned have been frustrated in seeking | ||||||
2 | legal redress due to a variety of substantive and technical | ||||||
3 | obstacles in the law and that such persons should have an | ||||||
4 | available avenue to obtain a finding of innocence so that they | ||||||
5 | may obtain relief through a petition in the Court of Claims. | ||||||
6 | The General Assembly further finds misleading the current legal | ||||||
7 | nomenclature which compels an innocent person to seek a pardon | ||||||
8 | for being wrongfully incarcerated. It is the intent of the | ||||||
9 | General Assembly that the court, in exercising its discretion | ||||||
10 | as permitted by law regarding the weight and admissibility of | ||||||
11 | evidence submitted pursuant to this Section, shall, in the | ||||||
12 | interest of justice, give due consideration to difficulties of | ||||||
13 | proof caused by the passage of time, the death or | ||||||
14 | unavailability of witnesses, the destruction of evidence or | ||||||
15 | other factors not caused by such persons or those acting on | ||||||
16 | their behalf. | ||||||
17 | (b) Any person convicted and subsequently imprisoned for | ||||||
18 | one or more felonies by the State of Illinois which he or she | ||||||
19 | did not commit may, under the conditions hereinafter provided, | ||||||
20 | file a petition for certificate of innocence in the circuit | ||||||
21 | court of the county in which the person was convicted. The | ||||||
22 | petition shall request a certificate of innocence finding that | ||||||
23 | the petitioner was innocent of all offenses for which he or she | ||||||
24 | was incarcerated. | ||||||
25 | (c) In order to present the claim for certificate of | ||||||
26 | innocence of an unjust conviction and imprisonment, the |
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1 | petitioner must attach to his or her petition documentation | ||||||
2 | demonstrating that: | ||||||
3 | (1) he or she has been convicted of one or more | ||||||
4 | felonies by the State of Illinois and subsequently | ||||||
5 | sentenced to a term of imprisonment, and has served all or | ||||||
6 | any part of the sentence; and | ||||||
7 | (2) his or her judgment of conviction was reversed or | ||||||
8 | vacated, and the indictment or information dismissed or, if | ||||||
9 | a new trial was ordered, either he or she was found not | ||||||
10 | guilty at the new trial or he or she was not retried and | ||||||
11 | the indictment or information dismissed; or the statute, or | ||||||
12 | application thereof, on which the indictment or | ||||||
13 | information was based violated the Constitution of the | ||||||
14 | United States or the State of Illinois; and | ||||||
15 | (3) his or her claim is not time barred by the | ||||||
16 | provisions of subsection (i) of this Section. | ||||||
17 | (d) The petition shall state facts in sufficient detail to | ||||||
18 | permit the court to find that the petitioner is likely to | ||||||
19 | succeed at trial in proving that the petitioner is innocent of | ||||||
20 | the offenses charged in the indictment or information or his or | ||||||
21 | her acts or omissions charged in the indictment or information | ||||||
22 | did not constitute a felony or misdemeanor against the State of | ||||||
23 | Illinois, and the petitioner did not by his or her own conduct | ||||||
24 | voluntarily cause or bring about his or her conviction. The | ||||||
25 | petition shall be verified by the petitioner. | ||||||
26 | (e) A copy of the petition shall be served on the Attorney |
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1 | General and the State's Attorney of the county where the | ||||||
2 | conviction was had. The Attorney General and the State's | ||||||
3 | Attorney of the county where the conviction was had shall have | ||||||
4 | the right to intervene as parties. | ||||||
5 | (f) In any hearing seeking a certificate of innocence, the | ||||||
6 | court may take judicial notice of prior sworn testimony or | ||||||
7 | evidence admitted in the criminal proceedings related to the | ||||||
8 | convictions which resulted in the alleged wrongful | ||||||
9 | incarceration, if the petitioner was either represented by | ||||||
10 | counsel at such prior proceedings or the right to counsel was | ||||||
11 | knowingly waived. | ||||||
12 | (g) In order to obtain a certificate of innocence the | ||||||
13 | petitioner must prove by a preponderance of evidence that: | ||||||
14 | (1) the petitioner was convicted of one or more | ||||||
15 | felonies by the State of Illinois and subsequently | ||||||
16 | sentenced to a term of imprisonment, and has served all or | ||||||
17 | any part of the sentence; | ||||||
18 | (2)(A) the judgment of conviction was reversed or | ||||||
19 | vacated, and the indictment or information dismissed or, if | ||||||
20 | a new trial was ordered, either the petitioner was found | ||||||
21 | not guilty at the new trial or the petitioner was not | ||||||
22 | retried and the indictment or information dismissed; or (B) | ||||||
23 | the statute, or application thereof, on which the | ||||||
24 | indictment or information was based violated the | ||||||
25 | Constitution of the United States or the State of Illinois; | ||||||
26 | (3) the petitioner is innocent of the offenses charged |
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1 | in the indictment or information or his or her acts or | ||||||
2 | omissions charged in the indictment or information did not | ||||||
3 | constitute a felony or misdemeanor against the State; and | ||||||
4 | (4) the petitioner did not by his or her own conduct
| ||||||
5 | voluntarily cause or bring about his or her conviction. | ||||||
6 | (h) If the court finds that the petitioner is entitled to a
| ||||||
7 | judgment, it shall enter a certificate of innocence finding | ||||||
8 | that
the petitioner was innocent of all offenses for which he | ||||||
9 | or she
was incarcerated. | ||||||
10 | (i) Any person seeking a certificate of innocence under | ||||||
11 | this
Section based on the dismissal of an indictment or | ||||||
12 | information
or acquittal that occurred before the effective | ||||||
13 | date of this
amendatory Act of the 95th General Assembly shall | ||||||
14 | file his or
her petition within 2 years after the effective | ||||||
15 | date of this
amendatory Act of the 95th General Assembly. Any | ||||||
16 | person seeking
a certificate of innocence under this Section | ||||||
17 | based on the
dismissal of an indictment or information or | ||||||
18 | acquittal that
occurred on or after the effective date of this | ||||||
19 | amendatory Act
of the 95th General Assembly shall file his or | ||||||
20 | her petition
within 2 years after the dismissal. | ||||||
21 | (j) The decision to grant or deny a certificate of | ||||||
22 | innocence shall be binding only with respect to claims filed in | ||||||
23 | the Court of Claims and shall not have a res judicata effect on | ||||||
24 | any other proceedings.
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law. |