Bill Status of HB 4080   98th General Assembly

Short Description:  COURTS-TECH

House Sponsors
Rep. Mary E. Flowers

Senate Sponsors
(Sen. Donne E. Trotter and Toi W. Hutchinson)


Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
705 ILCS 5/7from Ch. 37, par. 12

Synopsis As Introduced
Amends the Supreme Court Act. Makes a technical change in a Section concerning the powers of the Court.

House Floor Amendment No. 1
Deletes reference to:
705 ILCS 5/7from Ch. 37, par. 12
Adds reference to:
705 ILCS 505/8from Ch. 37, par. 439.8
735 ILCS 5/2-702

Replaces everything after the enacting clause. Amends the Court of Claims Act. In a subsection concerning claims against the State for time unjustly served in prison, provides that the Court of Claims shall fix and award reasonable attorney's fees for representation before the court and representation relating to the granting of a certificate of innocence or pardon. Provides that the award of attorney's fees shall not exceed 25% of the award granted for time unjustly served in prisons of the State and shall be paid in addition to, and not reduce, that award. Amends the Code of Civil Procedure. Replaces provisions requiring that the petitioner prove by a preponderance of the evidence that the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction with language providing that in order to obtain a certificate of innocence, the petitioner must prove by a preponderance of evidence that the petitioner did not voluntarily commit or suborn perjury or fabricate evidence to cause or bring about his or her conviction; however, neither a confession nor admission later found to be false constitutes bringing about his or her own conviction under the Code.

House Floor Amendment No. 3
Removes the provisions amending the Court of Claims Act. In the Code of Civil Procedure, removes provisions providing that the petitioner must prove by a preponderance of evidence that the petitioner did not voluntarily commit or suborn perjury or fabricate evidence to cause or bring about his or her conviction. Provides instead that the petitioner must prove by a preponderance of evidence that the petitioner did not voluntarily cause or bring about his or her conviction.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, with changes. Deletes language providing that neither a confession nor admission later found to be false constitutes bringing about a person's own conviction. Provides instead that: (1) a person does not voluntarily cause or bring about his or her conviction by submitting a false admission or confession obtained through coercion, force, or intimidation; and (2) a person does voluntarily cause or bring about his or her conviction when the person submits a false admission or confession as an intentional attempt to manipulate or mislead the court or law enforcement for the benefit of the person or for the benefit of a third party.

Actions 
DateChamber Action
  1/3/2014HouseFiled with the Clerk by Rep. Michael J. Madigan
  1/13/2014HouseFirst Reading
  1/13/2014HouseReferred to Rules Committee
  3/19/2014HouseAssigned to Executive Committee
  3/26/2014HouseDo Pass / Short Debate Executive Committee; 009-000-000
  3/26/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/27/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/3/2014HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  4/4/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 011-003-000
  4/7/2014HouseChief Sponsor Changed to Rep. Mary E. Flowers
  4/7/2014HouseSecond Reading - Short Debate
  4/7/2014HouseHouse Floor Amendment No. 1 Adopted
  4/7/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/7/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  4/7/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/8/2014HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers
  4/8/2014HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/8/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/9/2014HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary
  4/9/2014HouseRecalled to Second Reading - Short Debate
  4/9/2014HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Mary E. Flowers
  4/9/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2014HouseRecalled to Second Reading - Short Debate
  4/9/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  4/9/2014HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary; 016-000-000
  4/10/2014HouseHouse Floor Amendment No. 3 Adopted
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Short Debate - Passed 062-038-000
  4/11/2014SenateArrive in Senate
  4/11/2014SenatePlaced on Calendar Order of First Reading
  4/11/2014SenateChief Senate Sponsor Sen. Donne E. Trotter
  4/11/2014SenateFirst Reading
  4/11/2014SenateReferred to Assignments
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  5/22/2014SenateAssigned to Judiciary
  5/22/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  5/22/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/22/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/22/2014SenateWaive Posting Notice
  5/22/2014SenateSenate Committee Amendment No. 1 Adopted
  5/23/2014SenateDo Pass as Amended Judiciary; 008-000-000
  5/23/2014SenatePlaced on Calendar Order of 2nd Reading May 26, 2014
  5/23/2014SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2014
  7/1/2014SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  12/3/2014HouseSession Sine Die

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