Sen. William Delgado
Filed: 3/5/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 230
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 230 on page 1, by | ||||||
3 | replacing lines 4 through 9 with the following:
| ||||||
4 | "Section 5. The Public Employment Office Act is amended by | ||||||
5 | adding Section 2 as follows: | ||||||
6 | 20 ILCS 1015/2
| ||||||
7 | Sec. 2. Persons unjustly imprisoned; job training and | ||||||
8 | continuing education. The Department of Employment Security | ||||||
9 | shall establish an "; and
| ||||||
10 | on page 1, by replacing lines 12 and 13 with the following: | ||||||
11 | " of this State; and if the person "; and | ||||||
12 | on page 2, by replacing lines 18 and 19 with the following: | ||||||
13 | "imprisoned received shall receive a"; and | ||||||
14 | on page 3, line 20, by inserting after "calendar year." the |
| |||||||
| |||||||
1 | following: | ||||||
2 | " The transmission by the Prisoner Review Board or the clerk of | ||||||
3 | the circuit court of the information described in Section 11(b) | ||||||
4 | to the clerk of the Court of Claims is conclusive evidence of | ||||||
5 | the validity of the claim. "; and | ||||||
6 | on page 6, by replacing lines 14 through 26 with the following: | ||||||
7 | " (b) Whenever a person has served a term of imprisonment | ||||||
8 | and has received a pardon by the Governor stating that such | ||||||
9 | pardon was issued on the ground of innocence of the crime for | ||||||
10 | which he or she was imprisoned, the Prisoner Review Board shall | ||||||
11 | transmit this information to the clerk of the Court of Claims, | ||||||
12 | together with the claimant's current address. Whenever a person | ||||||
13 | has served a term of imprisonment and has received a | ||||||
14 | certificate of innocence from the Circuit Court as provided in | ||||||
15 | Section 2-702 of the Code of Civil Procedure, the clerk of the | ||||||
16 | issuing Circuit Court shall transmit this information to the | ||||||
17 | clerk of the Court of Claims, together with the claimant's | ||||||
18 | current address. The clerk of the Court of Claims shall | ||||||
19 | immediately docket the case for consideration by the Court of | ||||||
20 | Claims, and shall provide notice to the claimant of such | ||||||
21 | docketing together with all hearing dates and applicable | ||||||
22 | deadlines. The Court of Claims shall hear the case and render a | ||||||
23 | decision within 90 days after its docketing. "; and
| ||||||
24 | on page 7, by replacing lines 17 through 24 with the following: |
| |||||||
| |||||||
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. "; and | ||||||
16 | on page 14, by replacing line 9 with the following: | ||||||
17 | " or she was incarcerated. Upon entry of the certificate of | ||||||
18 | innocence, the clerk of the court shall transmit a copy of the | ||||||
19 | certificate of innocence to the clerk of the Court of Claims, | ||||||
20 | together with the claimant's current address. ".
|