Bill Status of HB 2881   98th General Assembly

Short Description:  CIV PRO-INNOCENCE CERTIFICATE

House Sponsors
Rep. Monique D. Davis-Barbara Flynn Currie-Dennis M. Reboletti-Mary E. Flowers

Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 1015/2
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
730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2
735 ILCS 5/2-702.5 new

Synopsis As Introduced
Amends the Civil Practice Law of the Code of Civil Procedure. Provides that if a person is released from prison after his or her judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, either he or she was found not guilty at the new trial or he or she was not retried and the indictment or information dismissed; or the statute, or application thereof, on which the indictment or information was based was unconstitutional; the court shall sua sponte enter a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. Provides that a certificate issued under the new provisions shall be provided to an eligible person upon release from prison, or shall be made available for pickup from the clerk of the circuit court. Provides that upon entry of the certificate: (1) the clerk of the court shall transmit a copy of the certificate to the clerk of the Court of Claims; and (2) the court shall enter an order expunging or sealing the record of arrest and directing that the records of the clerk of the circuit court and Department of State Police be sealed, and that the name of the defendant be obliterated from the official index requested to be kept by the circuit court clerk in connection with the arrest and conviction for the offense, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Provides that nothing in the new provisions may be construed as preventing a person from filing a petition under the Section allowing a person to file a petition for a certificate of innocence. Makes corresponding changes.

Actions 
DateChamber Action
  2/25/2013HouseFiled with the Clerk by Rep. Monique D. Davis
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  3/4/2013HouseAssigned to Judiciary
  3/19/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Monique D. Davis
  3/19/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/20/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/20/2013HouseDo Pass / Short Debate Judiciary; 014-000-000
  3/20/2013HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/22/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Monique D. Davis
  3/22/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/22/2013HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  3/22/2013HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  4/8/2013HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary
  4/8/2013HouseSecond Reading - Short Debate
  4/8/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/8/2013HouseRecalled to Second Reading - Short Debate
  4/8/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  4/8/2013HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/10/2013HouseSecond Reading - Short Debate
  4/10/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary; 011-001-000
  4/19/2013HouseRule 19(a) / Re-referred to Rules Committee
  12/3/2014HouseSession Sine Die

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