HB1016 EngrossedLRB103 04849 LNS 49859 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Court of Claims Act is amended by changing
5Sections 8 and 11 as follows:
 
6    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
7    Sec. 8. Court of Claims jurisdiction; deliberation
8periods. The court shall have exclusive jurisdiction to hear
9and determine the following matters:
10        (a) All claims against the State founded upon any law
11    of the State of Illinois or upon any regulation adopted
12    thereunder by an executive or administrative officer or
13    agency; provided, however, the court shall not have
14    jurisdiction (i) to hear or determine claims arising under
15    the Workers' Compensation Act or the Workers' Occupational
16    Diseases Act, or claims for expenses in civil litigation,
17    or (ii) to review administrative decisions for which a
18    statute provides that review shall be in the circuit or
19    appellate court.
20        (b) All claims against the State founded upon any
21    contract entered into with the State of Illinois.
22        (c) All claims against the State for time unjustly
23    served in prisons of this State, in a county jail, on

 

 

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1    parole, on intensive supervision probation, or on the sex
2    offender registry, when the unjustly convicted person
3    imprisoned received a pardon from the Governor stating
4    that such pardon is issued on the ground of innocence of
5    the crime for which he or she was convicted imprisoned or
6    he or she received a certificate of innocence from the
7    Circuit Court as provided in Section 2-702 of the Code of
8    Civil Procedure. The court shall make an award of $50,000
9    per year, and prorated for any partial year, during which
10    the person was wrongfully incarcerated in a State
11    correctional institution or in a county jail, including
12    the time the person was incarcerated awaiting trial, and
13    $25,000 for each year, and prorated for any partial year,
14    during which the person was wrongfully on parole,
15    wrongfully on intensive supervision probation, or was
16    wrongfully required to register as a sex offender. In
17    addition, the Circuit Court shall make an award of
18    reasonable attorney's fees, costs, and expenses in the
19    amount determined by the Circuit Court after awarding a
20    certificate of innocence under Section 2-702 of the Code
21    of Civil Procedure. The ; provided, the amount of the
22    award is at the discretion of the court; and provided, the
23    court shall make no award in excess of the following
24    amounts: for imprisonment of 5 years or less, not more
25    than $85,350; for imprisonment of 14 years or less but
26    over 5 years, not more than $170,000; for imprisonment of

 

 

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1    over 14 years, not more than $199,150; and provided
2    further, the court shall fix attorney's fees not to exceed
3    25% of the award granted. On or after the effective date of
4    this amendatory Act of the 95th General Assembly, the
5    court shall annually adjust the maximum awards authorized
6    by this subsection (c) to reflect the increase, if any, in
7    the Consumer Price Index For All Urban Consumers for the
8    previous calendar year, as determined by the United States
9    Department of Labor, except that no annual increment may
10    exceed 5%. For the annual adjustments, if the Consumer
11    Price Index decreases during a calendar year, there shall
12    be no adjustment for that calendar year. The transmission
13    by the Prisoner Review Board or the clerk of the circuit
14    court of the information described in Section 11(b) to the
15    clerk of the Court of Claims is conclusive evidence of the
16    validity of the claim. The changes made by this amendatory
17    Act of the 95th General Assembly apply to all claims
18    pending on or filed on or after the effective date. The
19    changes made by this amendatory Act of the 103rd General
20    Assembly apply to all claims pending or filed on or after
21    the effective date of this amendatory Act of the 103rd
22    General Assembly.
23        (d) All claims against the State for damages in cases
24    sounding in tort, if a like cause of action would lie
25    against a private person or corporation in a civil suit,
26    and all like claims sounding in tort against the Medical

 

 

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1    Center Commission, the Board of Trustees of the University
2    of Illinois, the Board of Trustees of Southern Illinois
3    University, the Board of Trustees of Chicago State
4    University, the Board of Trustees of Eastern Illinois
5    University, the Board of Trustees of Governors State
6    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; provided, that an award
12    for damages in a case sounding in tort, other than certain
13    cases involving the operation of a State vehicle described
14    in this paragraph, shall not exceed the sum of $2,000,000
15    to or for the benefit of any claimant. The $2,000,000
16    limit prescribed by this Section does not apply to an
17    award of damages in any case sounding in tort arising out
18    of the operation by a State employee of a vehicle owned,
19    leased or controlled by the State. The defense that the
20    State or the Medical Center Commission or the Board of
21    Trustees of the University of Illinois, the Board of
22    Trustees of Southern Illinois University, the Board of
23    Trustees of Chicago State University, the Board of
24    Trustees of Eastern Illinois University, the Board of
25    Trustees of Governors State University, the Board of
26    Trustees of Illinois State University, the Board of

 

 

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1    Trustees of Northeastern Illinois University, the Board of
2    Trustees of Northern Illinois University, the Board of
3    Trustees of Western Illinois University, or the Board of
4    Trustees of the Illinois Mathematics and Science Academy
5    is not liable for the negligence of its officers, agents,
6    and employees in the course of their employment is not
7    applicable to the hearing and determination of such
8    claims. The changes to this Section made by this
9    amendatory Act of the 100th General Assembly apply only to
10    claims filed on or after July 1, 2015.
11        The court shall annually adjust the maximum awards
12    authorized by this subsection to reflect the increase, if
13    any, in the Consumer Price Index For All Urban Consumers
14    for the previous calendar year, as determined by the
15    United States Department of Labor. The Comptroller shall
16    make the new amount resulting from each annual adjustment
17    available to the public via the Comptroller's official
18    website by January 31 of every year.
19        (e) All claims for recoupment made by the State of
20    Illinois against any claimant.
21        (f) All claims pursuant to the Line of Duty
22    Compensation Act. A claim under that Act must be heard and
23    determined within one year after the application for that
24    claim is filed with the Court as provided in that Act.
25        (g) All claims filed pursuant to the Crime Victims
26    Compensation Act.

 

 

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1        (h) All claims pursuant to the Illinois National
2    Guardsman's Compensation Act. A claim under that Act must
3    be heard and determined within one year after the
4    application for that claim is filed with the Court as
5    provided in that Act.
6        (i) All claims authorized by subsection (a) of Section
7    10-55 of the Illinois Administrative Procedure Act for the
8    expenses incurred by a party in a contested case on the
9    administrative level.
10(Source: P.A. 100-1124, eff. 11-27-18.)
 
11    (705 ILCS 505/11)  (from Ch. 37, par. 439.11)
12    Sec. 11. Filing claims.
13    (a) Except as otherwise provided in subsection (b) of this
14Section and subsection (4) of Section 24, the claimant shall
15in all cases set forth fully in his petition the claim, the
16action thereon, if any, on behalf of the State, what persons
17are owners thereof or interested therein, when and upon what
18consideration such persons became so interested; that no
19assignment or transfer of the claim or any part thereof or
20interest therein has been made, except as stated in the
21petition; that the claimant is justly entitled to the amount
22therein claimed from the State of Illinois, after allowing all
23just credits; and that claimant believes the facts stated in
24the petition to be true. The petition shall be verified, as to
25statements of facts, by the affidavit of the claimant, his

 

 

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1agent, or attorney.
2    (b) Whenever a person has served a term of imprisonment
3and has received a pardon by the Governor stating that such
4pardon was issued on the ground of innocence of the crime for
5which he or she was convicted imprisoned, the Prisoner Review
6Board shall transmit this information to the clerk of the
7Court of Claims, together with the claimant's current address.
8Whenever a person has served a term of imprisonment and has
9received a certificate of innocence from the Circuit Court as
10provided in Section 2-702 of the Code of Civil Procedure, the
11clerk of the issuing Circuit Court shall transmit this
12information to the clerk of the Court of Claims, together with
13the claimant's current address. The clerk of the Court of
14Claims shall immediately docket the case for consideration by
15the Court of Claims, and shall provide notice to the claimant
16of such docketing together with all hearing dates and
17applicable deadlines. The Court of Claims shall hear the case
18and render a decision within 90 days after its docketing.
19(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
 
20    Section 10. The Code of Civil Procedure is amended by
21changing Section 2-702 as follows:
 
22    (735 ILCS 5/2-702)
23    Sec. 2-702. Petition for a certificate of innocence that
24the petitioner was innocent of all offenses for which he or she

 

 

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1was incarcerated.
2    (a) The General Assembly finds and declares that innocent
3persons who have been wrongly convicted of crimes in Illinois
4and subsequently imprisoned have been frustrated in seeking
5legal redress due to a variety of substantive and technical
6obstacles in the law and that such persons should have an
7available avenue to obtain a finding of innocence so that they
8may obtain relief through a petition in the Court of Claims.
9The General Assembly further finds misleading the current
10legal nomenclature which compels an innocent person to seek a
11pardon for being wrongfully incarcerated. It is the intent of
12the General Assembly that the court, in exercising its
13discretion as permitted by law regarding the weight and
14admissibility of evidence submitted pursuant to this Section,
15shall, in the interest of justice, give due consideration to
16difficulties of proof caused by the passage of time, the death
17or unavailability of witnesses, the destruction of evidence or
18other factors not caused by such persons or those acting on
19their behalf.
20    (b) Any person who is convicted or adjudicated a
21delinquent and subsequently serves any part of a sentence of
22incarceration in a State correctional institution or in a
23county jail, of parole, of intensive supervision probation, or
24of registration as a sex offender imprisoned for one or more
25felonies by the State of Illinois which he or she did not
26commit may, under the conditions hereinafter provided, file a

 

 

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1petition for certificate of innocence in the circuit court of
2the county in which the person was convicted or adjudicated a
3delinquent. The petition shall request a certificate of
4innocence finding that the petitioner was innocent of one or
5more all offenses for which he or she was convicted
6incarcerated.
7    (c) In order to present the claim for certificate of
8innocence of an unjust conviction or juvenile delinquency
9adjudication and imprisonment, the petitioner must attach to
10his or her petition documentation demonstrating that:
11        (1) he or she has been convicted or adjudicated a
12    delinquent of one or more felonies by the State of
13    Illinois and subsequently sentenced to a term of
14    imprisonment, and has served all or any part of the
15    sentence; and
16        (2) his or her judgment of conviction or delinquency
17    adjudication was reversed or vacated, and the indictment,
18    or information, or petition dismissed or, if a new trial
19    was ordered, either he or she was found not guilty at the
20    new trial or he or she was not retried and the indictment,
21    or information, or petition dismissed; or the statute, or
22    application thereof, on which the indictment or
23    information was based violated the Constitution of the
24    United States or the State of Illinois; and
25        (3) his or her claim is not time barred by the
26    provisions of subsection (i) of this Section.

 

 

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1    (d) The petition shall state facts in sufficient detail to
2permit the court to find that the petitioner is likely to
3succeed at trial in proving that the petitioner is innocent of
4the alleged offenses for which he or she was convicted or
5adjudicated a delinquent charged in the indictment or
6information or his or her acts or omissions charged in the
7indictment or information did not constitute a felony or
8misdemeanor against the State of Illinois, and the petitioner
9did not by his or her own conduct voluntarily cause or bring
10about his or her conviction or juvenile delinquency
11adjudication. Neither a guilty plea nor a confession
12constitutes conduct causing or bringing about one's conviction
13or delinquency adjudication. The petition shall be verified by
14the petitioner.
15    (e) A copy of the petition shall be served on the Attorney
16General and the State's Attorney of the county where the
17conviction or juvenile delinquency adjudication was had. The
18Attorney General and the State's Attorney of the county where
19the conviction or juvenile delinquency adjudication was had
20shall have the right to intervene as parties.
21    (f) In any hearing seeking a certificate of innocence, the
22court may take judicial notice of prior sworn testimony or
23evidence admitted in the criminal or juvenile delinquency
24proceedings related to the convictions or adjudications which
25resulted in the alleged wrongful incarceration, if the
26petitioner was either represented by counsel at such prior

 

 

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1proceedings or the right to counsel was knowingly waived.
2    (g) In order to obtain a certificate of innocence the
3petitioner must prove by a preponderance of evidence that:
4        (1) the petitioner was convicted or adjudicated a
5    delinquent of one or more felonies by the State of
6    Illinois and subsequently sentenced to a term of
7    imprisonment, and has served all or any part of the
8    sentence;
9        (2)(A) the judgment of conviction or adjudication was
10    reversed or vacated, and the indictment or information
11    dismissed or, if a new trial was ordered, either the
12    petitioner was found not guilty at the new trial or the
13    petitioner was not retried and the indictment, or
14    information, or petition dismissed; or (B) the statute, or
15    application thereof, on which the indictment, or
16    information, or petition was based violated the
17    Constitution of the United States or the State of
18    Illinois;
19        (3) the petitioner is innocent of one or more of the
20    offenses for which he or she was convicted or adjudicated
21    a delinquent charged in the indictment or information or
22    his or her acts or omissions charged in the indictment or
23    information did not constitute a felony or misdemeanor
24    against the State; and
25        (4) the petitioner did not by his or her own conduct
26    voluntarily cause or bring about his or her conviction or

 

 

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1    juvenile delinquency adjudication. Neither a guilty plea
2    nor a confession constitutes conduct causing or bringing
3    about one's conviction or delinquency adjudication.
4    (h) If the court finds that the petitioner is entitled to a
5judgment, it shall enter a certificate of innocence finding
6that the petitioner was innocent of one or more all offenses
7for which he or she was convicted or adjudicated a delinquent.
8The court shall also make a determination, subject to proof by
9the claimant, of the reasonable attorney's fees, costs, and
10expenses incurred by the claimant in connection with obtaining
11the certificate of innocence under this Section incarcerated.
12Upon entry of the certificate of innocence or pardon from the
13Governor stating that such pardon was issued on the ground of
14innocence of the crime for which he or she was convicted or
15adjudicated a delinquent imprisoned, (1) the clerk of the
16court shall transmit a copy of the certificate of innocence to
17the clerk of the Court of Claims, together with the claimant's
18current address; and (2) the court shall enter an order
19expunging the record of arrest from the official records of
20the arresting authority and order that the records of the
21clerk of the circuit court and the Illinois State Police be
22sealed until further order of the court upon good cause shown
23or as otherwise provided herein, and the name of the defendant
24or respondent in a juvenile delinquency proceeding obliterated
25from the official index requested to be kept by the circuit
26court clerk under Section 16 of the Clerks of Courts Act in

 

 

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1connection with the arrest and conviction or delinquency
2adjudication for the offense but the order shall not affect
3any index issued by the circuit court clerk before the entry of
4the order. The court shall enter the expungement order
5regardless of whether the petitioner has prior criminal
6convictions or delinquency adjudications.
7    All records sealed by the Illinois State Police may be
8disseminated by the Department only as required by law or to
9the arresting authority, the State's Attorney, the court upon
10a later arrest for the same or similar offense, or for the
11purpose of sentencing for any subsequent felony. Upon
12conviction for any subsequent offense, the Department of
13Corrections shall have access to all sealed records of the
14Department pertaining to that individual.
15    Upon entry of the order of expungement, the clerk of the
16circuit court shall promptly mail a copy of the order to the
17person whose records were expunged and sealed.
18    (i) Any person seeking a certificate of innocence under
19this Section based on the dismissal of an indictment or
20information or acquittal that occurred before the effective
21date of this amendatory Act of the 95th General Assembly shall
22file his or her petition within 2 years after the effective
23date of this amendatory Act of the 95th General Assembly. Any
24person seeking a certificate of innocence under this Section
25based on the dismissal of an indictment or information or
26acquittal that occurred on or after the effective date of this

 

 

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1amendatory Act of the 95th General Assembly shall file his or
2her petition within 2 years after the dismissal or acquittal.
3Any person seeking a certificate of innocence under this
4Section based on the dismissal of a juvenile delinquency
5petition or an acquittal on such petition that occurred before
6the effective date of this amendatory Act of the 103rd General
7Assembly, including a petitioner whose petition was denied
8solely on the basis that this Section did not formerly apply to
9juvenile delinquency adjudications, shall file his or her
10petition within 4 years after the effective date of this
11amendatory Act of the 103rd General Assembly. Any person
12seeking a certificate of innocence under this Section based on
13the dismissal of a juvenile delinquency petition or an
14acquittal on such petition that occurred on or after the
15effective date of this amendatory Act of the 103rd General
16Assembly shall file his or her petition within 2 years after
17the dismissal or acquittal.
18    (j) The decision to grant or deny a certificate of
19innocence shall be binding only with respect to claims filed
20in the Court of Claims and shall not have a res judicata effect
21on any other proceedings.
22(Source: P.A. 102-538, eff. 8-20-21.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.