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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 Public Employment Office Act is amended by | ||||||
5 | adding Section 2 as follows: | ||||||
6 | (20 ILCS 1015/2 new) | ||||||
7 | Sec. 2. Persons unjustly imprisoned; job search and | ||||||
8 | placement services. Each local office of the Department shall | ||||||
9 | provide each person to whom this Section applies with job | ||||||
10 | search and placement services, including assessment, resume | ||||||
11 | assistance, interview preparation, occupational and labor | ||||||
12 | market information, referral to employers with job openings to | ||||||
13 | which the person is suited and referral to such job training | ||||||
14 | and education program providers as may be appropriate and | ||||||
15 | available through the partnering agencies with which the local | ||||||
16 | office is affiliated. This Section applies to a person who has | ||||||
17 | been discharged from a prison of this State if the person | ||||||
18 | received a pardon from the Governor stating that such pardon is | ||||||
19 | issued on the ground of innocence of the crime for which he or | ||||||
20 | she was imprisoned or he or she has received a certificate of | ||||||
21 | innocence from the Circuit Court as provided in Section 2-702 | ||||||
22 | of the Code of Civil Procedure. |
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1 | Section 10. The Court of Claims Act is amended by changing
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2 | Sections 8, 11, 22, and 24 and by adding Section 24.5 as | ||||||
3 | follows:
| ||||||
4 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| ||||||
5 | Sec. 8. Court of Claims jurisdiction. The court shall have | ||||||
6 | exclusive
jurisdiction to hear and determine the following | ||||||
7 | matters:
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8 | (a) All claims against the State founded upon any law of | ||||||
9 | the State of
Illinois or upon any regulation adopted thereunder | ||||||
10 | by an executive or
administrative officer or agency; provided, | ||||||
11 | however, the court shall not have
jurisdiction (i) to hear or | ||||||
12 | determine claims arising under
the Workers' Compensation Act or | ||||||
13 | the Workers' Occupational Diseases Act, or
claims for expenses | ||||||
14 | in civil litigation, or (ii) to review administrative
decisions | ||||||
15 | for which a statute provides that review shall be in the | ||||||
16 | circuit or
appellate court.
| ||||||
17 | (b) All claims against the State founded upon any contract | ||||||
18 | entered
into with the State of Illinois.
| ||||||
19 | (c) All claims against the State for time unjustly served | ||||||
20 | in prisons
of this State when
where the person
persons
| ||||||
21 | imprisoned received
shall receive a pardon from
the governor | ||||||
22 | stating that such pardon is issued on the ground of
innocence | ||||||
23 | of the crime for which he or she was
they were imprisoned or he | ||||||
24 | or she received a certificate of innocence from the Circuit | ||||||
25 | Court as provided in Section 2-702 of the Code of Civil |
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1 | Procedure ; provided, the amount of the award is at the | ||||||
2 | discretion of the court; and provided, the
court shall make no | ||||||
3 | award in excess of the following amounts: for
imprisonment of 5 | ||||||
4 | years or less, not more than $85,350
$15,000 ; for imprisonment
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5 | of 14 years or less but over 5 years, not more than $170,000
| ||||||
6 | $30,000 ; for
imprisonment of over 14 years, not more than | ||||||
7 | $199,150
$35,000 ; and provided
further, the court shall fix | ||||||
8 | attorney's fees not to exceed 25% of the award
granted. On or | ||||||
9 | after the effective date of this amendatory Act of the 95th | ||||||
10 | General Assembly,
On December 31, 1996, the court shall make a | ||||||
11 | one-time adjustment in the maximum awards
authorized by this | ||||||
12 | subsection (c), to reflect the increase in the cost of
living | ||||||
13 | from the year in which these maximum awards were last adjusted | ||||||
14 | until
1996, but with no annual increment exceeding 5%. | ||||||
15 | Thereafter, the court shall
annually adjust the maximum awards | ||||||
16 | authorized by this subsection (c) to reflect
the increase, if | ||||||
17 | any, in the Consumer Price Index For All Urban Consumers for
| ||||||
18 | the previous calendar year, as determined by the United States | ||||||
19 | Department of
Labor, except that no annual increment may exceed | ||||||
20 | 5%. For both the one-time
adjustment and the subsequent annual | ||||||
21 | adjustments, if the Consumer Price Index
decreases during a | ||||||
22 | calendar year, there shall be no adjustment for that
calendar | ||||||
23 | year. The transmission by the Prisoner Review Board or the | ||||||
24 | clerk of the circuit court of the information described in | ||||||
25 | Section 11(b) to the clerk of the Court of Claims is conclusive | ||||||
26 | evidence of the validity of the claim. The changes made by this |
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| |||||||
1 | amendatory Act of the 95th General Assembly apply to all
claims | ||||||
2 | pending on or filed on or after the effective date.
The changes | ||||||
3 | made by Public Act 89-689 apply to all claims filed on or after | ||||||
4 | January 1, 1995 that
are pending on December 31, 1996 and all | ||||||
5 | claims filed on or after December 31, 1996.
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6 | (d) All claims against the State for damages in cases | ||||||
7 | sounding in tort, if
a like cause of action would lie against a | ||||||
8 | private person or corporation in a
civil suit, and all like | ||||||
9 | claims sounding in tort against the Medical Center
Commission, | ||||||
10 | the Board of Trustees of the University of Illinois, the Board | ||||||
11 | of
Trustees of Southern Illinois University, the Board of | ||||||
12 | Trustees of Chicago
State University, the Board of Trustees of | ||||||
13 | Eastern Illinois University, the
Board of Trustees of Governors | ||||||
14 | State University, the Board of Trustees of
Illinois State | ||||||
15 | University, the Board of Trustees of Northeastern Illinois
| ||||||
16 | University, the Board of Trustees of Northern Illinois | ||||||
17 | University, the Board
of Trustees of Western Illinois | ||||||
18 | University, or the Board of Trustees of the
Illinois | ||||||
19 | Mathematics and Science Academy; provided, that an award for | ||||||
20 | damages
in a case sounding in tort, other than certain cases | ||||||
21 | involving the operation
of a State vehicle described in this | ||||||
22 | paragraph, shall not exceed the sum of
$100,000 to or for the | ||||||
23 | benefit of
any claimant. The $100,000 limit prescribed by this | ||||||
24 | Section does not
apply to an award of damages in any case | ||||||
25 | sounding in tort arising out of
the operation by a State | ||||||
26 | employee of a vehicle owned, leased or
controlled by the State. |
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1 | The defense that the State or the Medical
Center Commission or | ||||||
2 | the Board of Trustees of the University of Illinois, the
Board | ||||||
3 | of Trustees of Southern Illinois University, the Board of | ||||||
4 | Trustees of
Chicago State University, the Board of Trustees of | ||||||
5 | Eastern Illinois University,
the Board of Trustees of Governors | ||||||
6 | State University, the Board of Trustees of
Illinois State | ||||||
7 | University, the Board of Trustees of Northeastern Illinois
| ||||||
8 | University, the Board of Trustees of Northern Illinois | ||||||
9 | University, the Board of
Trustees of Western Illinois | ||||||
10 | University, or the Board of Trustees of the
Illinois | ||||||
11 | Mathematics and Science Academy is not liable for the | ||||||
12 | negligence of
its officers, agents, and employees in the course | ||||||
13 | of their employment is not
applicable to the hearing and | ||||||
14 | determination of such claims.
| ||||||
15 | (e) All claims for recoupment made by the State of Illinois | ||||||
16 | against
any claimant.
| ||||||
17 | (f) All claims pursuant to the Line of Duty Compensation
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18 | Act.
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19 | (g) All claims filed pursuant to the Crime Victims | ||||||
20 | Compensation Act.
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21 | (h) All claims pursuant to the Illinois National | ||||||
22 | Guardsman's Compensation
Act.
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23 | (i) All claims authorized by subsection (a) of Section | ||||||
24 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
25 | expenses incurred by a party in a
contested case on the | ||||||
26 | administrative level.
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1 | (Source: P.A. 93-1047, eff. 10-18-04.)
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2 | (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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3 | Sec. 11. Filing claims.
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4 | (a) Except as otherwise provided in subsection (b) of this | ||||||
5 | Section and
subsection (3) of Section 24,
the claimant shall in | ||||||
6 | all cases set forth fully in his petition
the claim, the action | ||||||
7 | thereon, if any, on behalf of the State, what persons
are | ||||||
8 | owners thereof or interested therein, when and upon what | ||||||
9 | consideration
such persons became so interested; that no | ||||||
10 | assignment or transfer of the
claim or any part thereof or | ||||||
11 | interest therein has been made, except as
stated in the | ||||||
12 | petition; that the claimant is justly entitled to the amount
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13 | therein claimed from the State of Illinois, after allowing all | ||||||
14 | just
credits; and that claimant believes the facts stated in | ||||||
15 | the petition to be
true. The petition shall be verified, as to | ||||||
16 | statements of facts, by the
affidavit of the claimant, his | ||||||
17 | agent, or attorney.
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18 | (b) Whenever a person has served a term of imprisonment and | ||||||
19 | has received a pardon by the Governor stating that such pardon | ||||||
20 | was issued on the ground of innocence of the crime for which he | ||||||
21 | or she was imprisoned, the Prisoner Review Board shall transmit | ||||||
22 | this information to the clerk of the Court of Claims, together | ||||||
23 | with the claimant's current address. Whenever a person has | ||||||
24 | served a term of imprisonment and has received a certificate of | ||||||
25 | innocence from the Circuit Court as provided in Section 2-702 |
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| |||||||
1 | of the Code of Civil Procedure, the clerk of the issuing | ||||||
2 | Circuit Court shall transmit this information to the clerk of | ||||||
3 | the Court of Claims, together with the claimant's current | ||||||
4 | address. The clerk of the Court of Claims shall immediately | ||||||
5 | docket the case for consideration by the Court of Claims, and | ||||||
6 | shall provide notice to the claimant of such docketing together | ||||||
7 | with all hearing dates and applicable deadlines. The Court of | ||||||
8 | Claims shall hear the case and render a decision within 90 days | ||||||
9 | after its docketing.
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10 | (Source: Laws 1945, p. 660.)
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11 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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12 | Sec. 22. Every claim cognizable by the Court and not | ||||||
13 | otherwise sooner
barred by law shall be forever barred from | ||||||
14 | prosecution therein unless it
is filed with the Clerk of the | ||||||
15 | Court within the time set forth as follows:
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16 | (a) All claims arising out of a contract must be filed | ||||||
17 | within 5
years after it first accrues, saving to minors, and | ||||||
18 | persons under legal
disability at the time the claim accrues, | ||||||
19 | in which cases the claim must be
filed within 5 years from the | ||||||
20 | time the disability ceases.
| ||||||
21 | (b) All claims cognizable against the State by vendors of | ||||||
22 | goods or services
under "The Illinois Public Aid Code", | ||||||
23 | approved April 11, 1967, as amended,
must file within one year | ||||||
24 | after the accrual of the cause of action, as provided
in | ||||||
25 | Section 11-13 of that Code.
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1 | (c) All claims arising under paragraph (c) of Section 8 of | ||||||
2 | this Act
must
be automatically heard by the court
filed within | ||||||
3 | 120
days
2 years after the person
asserting such
claim is | ||||||
4 | either issued a certificate of innocence from the Circuit Court | ||||||
5 | as provided in Section 2-702 of the Code of Civil Procedure | ||||||
6 | discharged
from prison , or is granted a pardon by the Governor, | ||||||
7 | whichever occurs later,
without the person asserting the claim | ||||||
8 | being required to file a petition under Section 11 of this Act, | ||||||
9 | except as otherwise provided by the Crime Victims Compensation | ||||||
10 | Act.
Any claims filed by the claimant under paragraph (c) of | ||||||
11 | Section 8 of this Act must be filed within 2 years after the | ||||||
12 | person asserting such claim is either issued a certificate of | ||||||
13 | innocence as provided in Section 2-702 of the Code of Civil | ||||||
14 | Procedure, or is granted a pardon by the Governor, whichever | ||||||
15 | occurs later.
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16 | (d) All claims arising under paragraph (f) of Section 8 of | ||||||
17 | this Act must
be filed within one year of the date of the death | ||||||
18 | of the law enforcement
officer or fireman as provided in | ||||||
19 | Section 3 of the "Law Enforcement
Officers and Firemen | ||||||
20 | Compensation Act", approved September 30, 1969, as
amended.
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21 | (e) All claims arising under paragraph (h) of Section 8 of | ||||||
22 | this Act must
be filed within one year of the date of the death | ||||||
23 | of the guardsman or
militiaman as provided in Section 3 of the | ||||||
24 | "Illinois National Guardsman's
and Naval Militiaman's | ||||||
25 | Compensation Act", approved August 12, 1971, as amended.
| ||||||
26 | (f) All claims arising under paragraph (g) of Section 8 of |
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1 | this Act must
be filed within one year of the crime on which a | ||||||
2 | claim is based as
provided in Section 6.1 of the "Crime Victims | ||||||
3 | Compensation Act", approved
August 23, 1973, as amended.
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4 | (g) All claims arising from the Comptroller's refusal to | ||||||
5 | issue a
replacement warrant pursuant to Section 10.10 of the | ||||||
6 | State Comptroller Act
must be filed within 5 years after the | ||||||
7 | issue date of such warrant.
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8 | (h) All other claims must be filed within 2 years after it | ||||||
9 | first accrues,
saving to minors, and persons under legal | ||||||
10 | disability at the time the claim
accrues, in which case the | ||||||
11 | claim must be filed within 2 years from the time
the disability | ||||||
12 | ceases.
| ||||||
13 | (i) The changes made by this amendatory Act of 1989 shall | ||||||
14 | apply to all
warrants issued within the 5 year period preceding | ||||||
15 | the effective date of
this amendatory Act of 1989.
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16 | (j) All time limitations established under this Act and the | ||||||
17 | rules
promulgated under this Act shall be binding and | ||||||
18 | jurisdictional, except upon
extension authorized by law or rule | ||||||
19 | and granted pursuant to a motion timely filed.
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20 | (Source: P.A. 86-458.)
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21 | (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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22 | Sec. 24. Payment of awards.
| ||||||
23 | (1) From funds appropriated by the General Assembly for the | ||||||
24 | purposes
of this Section the Court may direct
immediate payment | ||||||
25 | of:
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| |||||||
1 | (a) All claims arising solely as a result of the | ||||||
2 | lapsing of an
appropriation out of which the obligation | ||||||
3 | could have been paid.
| ||||||
4 | (b) All claims pursuant to the "Law Enforcement | ||||||
5 | Officers and Firemen
Compensation Act", approved September | ||||||
6 | 30, 1969, as amended.
| ||||||
7 | (c) All claims pursuant to the "Illinois National | ||||||
8 | Guardsman's and
Naval Militiaman's Compensation Act", | ||||||
9 | approved August 12, 1971, as
amended.
| ||||||
10 | (d) All claims pursuant to the "Crime Victims | ||||||
11 | Compensation Act",
approved August 23, 1973, as amended.
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12 | (e) All other claims wherein the amount of the award of | ||||||
13 | the Court
is less than $5,000.
| ||||||
14 | (2) The court may, from funds specifically appropriated | ||||||
15 | from the General
Revenue Fund for this purpose, direct the | ||||||
16 | payment of awards less than $50,000
solely as a result
of the | ||||||
17 | lapsing of an appropriation originally made from any fund held | ||||||
18 | by the
State Treasurer. For any such award paid from the | ||||||
19 | General Revenue Fund, the
court
shall thereafter seek an | ||||||
20 | appropriation from the fund from which the liability
originally | ||||||
21 | accrued in reimbursement of the General Revenue Fund.
| ||||||
22 | (3) From funds appropriated by the General Assembly for the | ||||||
23 | purposes of
paying claims under paragraph (c) of Section 8, the | ||||||
24 | court must direct payment
of each claim and the payment must be | ||||||
25 | received by the claimant within 60 days after the date that the | ||||||
26 | funds are appropriated for that purpose.
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| |||||||
1 | (Source: P.A. 92-357, eff. 8-15-01.)
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2 | (705 ILCS 505/24.5 new)
| ||||||
3 | Sec. 24.5. Applicability. This amendatory Act of the 95th | ||||||
4 | General Assembly shall apply to causes of action filed on or | ||||||
5 | after its effective date.
| ||||||
6 | Section 15. The Code of Civil Procedure is amended by | ||||||
7 | adding Section 2-702 as follows: | ||||||
8 | (735 ILCS 5/2-702 new)
| ||||||
9 | Sec. 2-702. Petition for a certificate of innocence that | ||||||
10 | the petitioner was innocent of all offenses for which he or she | ||||||
11 | was incarcerated. | ||||||
12 | (a) The General Assembly finds and declares that innocent | ||||||
13 | persons who have been wrongly convicted of crimes in Illinois | ||||||
14 | and subsequently imprisoned have been frustrated in seeking | ||||||
15 | legal redress due to a variety of substantive and technical | ||||||
16 | obstacles in the law and that such persons should have an | ||||||
17 | available avenue to obtain a finding of innocence so that they | ||||||
18 | may obtain relief through a petition in the Court of Claims. | ||||||
19 | The General Assembly further finds misleading the current legal | ||||||
20 | nomenclature which compels an innocent person to seek a pardon | ||||||
21 | for being wrongfully incarcerated. It is the intent of the | ||||||
22 | General Assembly that the court, in exercising its discretion | ||||||
23 | as permitted by law regarding the weight and admissibility of |
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| |||||||
1 | evidence submitted pursuant to this Section, shall, in the | ||||||
2 | interest of justice, give due consideration to difficulties of | ||||||
3 | proof caused by the passage of time, the death or | ||||||
4 | unavailability of witnesses, the destruction of evidence or | ||||||
5 | other factors not caused by such persons or those acting on | ||||||
6 | their behalf. | ||||||
7 | (b) Any person convicted and subsequently imprisoned for | ||||||
8 | one or more felonies by the State of Illinois which he or she | ||||||
9 | did not commit may, under the conditions hereinafter provided, | ||||||
10 | file a petition for certificate of innocence in the circuit | ||||||
11 | court of the county in which the person was convicted. The | ||||||
12 | petition shall request a certificate of innocence finding that | ||||||
13 | the petitioner was innocent of all offenses for which he or she | ||||||
14 | was incarcerated. | ||||||
15 | (c) In order to present the claim for certificate of | ||||||
16 | innocence of an unjust conviction and imprisonment, the | ||||||
17 | petitioner must attach to his or her petition documentation | ||||||
18 | demonstrating that: | ||||||
19 | (1) he or she has been convicted of one or more | ||||||
20 | felonies by the State of Illinois and subsequently | ||||||
21 | sentenced to a term of imprisonment, and has served all or | ||||||
22 | any part of the sentence; and | ||||||
23 | (2) his or her judgment of conviction was reversed or | ||||||
24 | vacated, and the indictment or information dismissed or, if | ||||||
25 | a new trial was ordered, either he or she was found not | ||||||
26 | guilty at the new trial or he or she was not retried and |
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| |||||||
1 | the indictment or information dismissed; or the statute, or | ||||||
2 | application thereof, on which the indictment or | ||||||
3 | information was based violated the Constitution of the | ||||||
4 | United States or the State of Illinois; and | ||||||
5 | (3) his or her claim is not time barred by the | ||||||
6 | provisions of subsection (i) of this Section. | ||||||
7 | (d) The petition shall state facts in sufficient detail to | ||||||
8 | permit the court to find that the petitioner is likely to | ||||||
9 | succeed at trial in proving that the petitioner is innocent of | ||||||
10 | the offenses charged in the indictment or information or his or | ||||||
11 | her acts or omissions charged in the indictment or information | ||||||
12 | did not constitute a felony or misdemeanor against the State of | ||||||
13 | Illinois, and the petitioner did not by his or her own conduct | ||||||
14 | voluntarily cause or bring about his or her conviction. The | ||||||
15 | petition shall be verified by the petitioner. | ||||||
16 | (e) A copy of the petition shall be served on the Attorney | ||||||
17 | General and the State's Attorney of the county where the | ||||||
18 | conviction was had. The Attorney General and the State's | ||||||
19 | Attorney of the county where the conviction was had shall have | ||||||
20 | the right to intervene as parties. | ||||||
21 | (f) In any hearing seeking a certificate of innocence, the | ||||||
22 | court may take judicial notice of prior sworn testimony or | ||||||
23 | evidence admitted in the criminal proceedings related to the | ||||||
24 | convictions which resulted in the alleged wrongful | ||||||
25 | incarceration, if the petitioner was either represented by | ||||||
26 | counsel at such prior proceedings or the right to counsel was |
| |||||||
| |||||||
1 | knowingly waived. | ||||||
2 | (g) In order to obtain a certificate of innocence the | ||||||
3 | petitioner must prove by a preponderance of evidence that: | ||||||
4 | (1) the petitioner was convicted of one or more | ||||||
5 | felonies by the State of Illinois and subsequently | ||||||
6 | sentenced to a term of imprisonment, and has served all or | ||||||
7 | any part of the sentence; | ||||||
8 | (2)(A) the judgment of conviction was reversed or | ||||||
9 | vacated, and the indictment or information dismissed or, if | ||||||
10 | a new trial was ordered, either the petitioner was found | ||||||
11 | not guilty at the new trial or the petitioner was not | ||||||
12 | retried and the indictment or information dismissed; or (B) | ||||||
13 | the statute, or application thereof, on which the | ||||||
14 | indictment or information was based violated the | ||||||
15 | Constitution of the United States or the State of Illinois; | ||||||
16 | (3) the petitioner is innocent of the offenses charged | ||||||
17 | in the indictment or information or his or her acts or | ||||||
18 | omissions charged in the indictment or information did not | ||||||
19 | constitute a felony or misdemeanor against the State; and | ||||||
20 | (4) the petitioner did not by his or her own conduct
| ||||||
21 | voluntarily cause or bring about his or her conviction. | ||||||
22 | (h) If the court finds that the petitioner is entitled to a
| ||||||
23 | judgment, it shall enter a certificate of innocence finding | ||||||
24 | that
the petitioner was innocent of all offenses for which he | ||||||
25 | or she was incarcerated. Upon entry of the certificate of | ||||||
26 | innocence, the clerk of the court shall transmit a copy of the |
| |||||||
| |||||||
1 | certificate of innocence to the clerk of the Court of Claims, | ||||||
2 | together with the claimant's current address. | ||||||
3 | (i) Any person seeking a certificate of innocence under | ||||||
4 | this
Section based on the dismissal of an indictment or | ||||||
5 | information
or acquittal that occurred before the effective | ||||||
6 | date of this
amendatory Act of the 95th General Assembly shall | ||||||
7 | file his or
her petition within 2 years after the effective | ||||||
8 | date of this
amendatory Act of the 95th General Assembly. Any | ||||||
9 | person seeking
a certificate of innocence under this Section | ||||||
10 | based on the
dismissal of an indictment or information or | ||||||
11 | acquittal that
occurred on or after the effective date of this | ||||||
12 | amendatory Act
of the 95th General Assembly shall file his or | ||||||
13 | her petition
within 2 years after the dismissal. | ||||||
14 | (j) The decision to grant or deny a certificate of | ||||||
15 | innocence shall be binding only with respect to claims filed in | ||||||
16 | the Court of Claims and shall not have a res judicata effect on | ||||||
17 | any other proceedings.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law. |