Rep. Monique D. Davis
Filed: 3/22/2013
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1 | AMENDMENT TO HOUSE BILL 2881
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2 | AMENDMENT NO. ______. Amend House Bill 2881 on page 14, | ||||||
3 | line 26 by changing " 702.5 " to " 2-702.5 "; and | ||||||
4 | on page 15, by replacing lines 7 through 24 with the following: | ||||||
5 | (735 ILCS 5/2-702.5 new) | ||||||
6 | Sec. 2-702.5. Automatic issuance of certificate of | ||||||
7 | innocence. | ||||||
8 | (a) The court shall sua sponte enter a certificate of | ||||||
9 | innocence finding that the petitioner was innocent of all | ||||||
10 | offenses for which he or she was incarcerated if: | ||||||
11 | (1) on the basis of DNA evidence or other substantive | ||||||
12 | evidence, the person is released from prison after his or | ||||||
13 | her judgment of conviction was reversed or vacated, and the | ||||||
14 | indictment or information was dismissed; or | ||||||
15 | (2) either (A) a new trial was ordered, at which the | ||||||
16 | person was found not guilty at the new trial on the basis |
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1 | of DNA evidence or other substantive evidence; or (B) the | ||||||
2 | person was not retried and the indictment or information | ||||||
3 | was dismissed on the basis of DNA evidence or other | ||||||
4 | substantive evidence. | ||||||
5 | (b) The State's Attorney shall be given notice that the | ||||||
6 | court will be entering a certificate of innocence. If the | ||||||
7 | State's Attorney fails to file an objection within 60 days, the | ||||||
8 | certificate of innocence shall be
issued by the court.
If the | ||||||
9 | State's Attorney files an objection, the court shall hear | ||||||
10 | evidence on whether the certificate of
innocence should be | ||||||
11 | granted. | ||||||
12 | (c) The court may not issue the person a certificate of | ||||||
13 | innocence if the State's Attorney files an objection to the | ||||||
14 | issuance of the certificate of innocence and shows by a | ||||||
15 | preponderance of the evidence that the person is ineligible for | ||||||
16 | a certificate of innocence under this Section. | ||||||
17 | (d) A person is ineligible for a certificate of innocence | ||||||
18 | under this Section if: | ||||||
19 | (1) the person is released from prison after his or her
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20 | judgment of conviction was reversed or vacated and the | ||||||
21 | indictment or
information was dismissed on the basis of | ||||||
22 | technical grounds; or | ||||||
23 | (2) either (A) a new trial was ordered, at which the | ||||||
24 | person was found not guilty at the new trial on
the basis | ||||||
25 | of technical grounds; or (B) the person was not retried and | ||||||
26 | the indictment or
information was dismissed on the basis of |
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1 | technical grounds. | ||||||
2 | (e) A certificate of innocence issued under this Section | ||||||
3 | shall be provided to an eligible person upon his or her release | ||||||
4 | from prison, or shall be made available for pickup from the | ||||||
5 | clerk of the circuit court within a reasonable time after the | ||||||
6 | person's release from prison. | ||||||
7 | (f) Upon entry of the certificate of innocence: (i) the | ||||||
8 | clerk of the court shall transmit a copy of the certificate of | ||||||
9 | innocence to the clerk of the Court of Claims, together with | ||||||
10 | the claimant's current address; and (ii) the court shall enter | ||||||
11 | an order expunging or sealing the record of arrest from the
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12 | official records of the
arresting authority and directing that | ||||||
13 | the records of the clerk of the circuit
court and Department of
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14 | State Police be sealed until further order of the court upon | ||||||
15 | good cause shown
or as otherwise provided
by law, and that the | ||||||
16 | name of the defendant be obliterated from the official index
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17 | requested to be kept by the
circuit court clerk under Section | ||||||
18 | 16 of the Clerks of Courts Act in connection
with the arrest | ||||||
19 | and
conviction for the offense, but the order shall not affect | ||||||
20 | any index issued by
the circuit court clerk before the entry of | ||||||
21 | the order. | ||||||
22 | (g) Nothing in this Section may be construed as preventing | ||||||
23 | a person from filing a petition under Section 2-702 of this | ||||||
24 | Code. "; and
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25 | by deleting page 16.
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