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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| AN ACT concerning imprisonment.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
|
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| Section 5. The Public Employment Office Act is amended by |
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| adding Section 2 as follows: |
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| (20 ILCS 1015/2 new) |
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| Sec. 2. Persons unjustly imprisoned; job search and |
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| placement services. Each local office of the Department shall |
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| provide each person to whom this Section applies with job |
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| search and placement services, including assessment, resume |
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| assistance, interview preparation, occupational and labor |
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| market information, referral to employers with job openings to |
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| which the person is suited and referral to such job training |
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| and education program providers as may be appropriate and |
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| available through the partnering agencies with which the local |
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| office is affiliated. This Section applies to a person who has |
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| been discharged from a prison of this State if the person |
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| received a pardon from the Governor stating that such pardon is |
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| issued on the ground of innocence of the crime for which he or |
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| she was imprisoned or he or she has received a certificate of |
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| innocence from the Circuit Court as provided in Section 2-702 |
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| of the Code of Civil Procedure. |
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| Section 10. The Court of Claims Act is amended by changing
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| Sections 8, 11, 22, and 24 and by adding Section 24.5 as |
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| follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
|
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| Sec. 8. Court of Claims jurisdiction. The court shall have |
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| exclusive
jurisdiction to hear and determine the following |
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| matters:
|
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| (a) All claims against the State founded upon any law of |
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| the State of
Illinois or upon any regulation adopted thereunder |
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| by an executive or
administrative officer or agency; provided, |
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| however, the court shall not have
jurisdiction (i) to hear or |
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| determine claims arising under
the Workers' Compensation Act or |
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| the Workers' Occupational Diseases Act, or
claims for expenses |
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| in civil litigation, or (ii) to review administrative
decisions |
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| for which a statute provides that review shall be in the |
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| circuit or
appellate court.
|
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| (b) All claims against the State founded upon any contract |
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| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served |
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| in prisons
of this State when
where the person
persons
|
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| imprisoned received
shall receive a pardon from
the governor |
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| stating that such pardon is issued on the ground of
innocence |
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| of the crime for which he or she was
they were imprisoned or he |
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| or she received a certificate of innocence from the Circuit |
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| Court as provided in Section 2-702 of the Code of Civil |
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| Procedure ; provided, the amount of the award is at the |
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| discretion of the court; and provided, the
court shall make no |
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| award in excess of the following amounts: for
imprisonment of 5 |
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| years or less, not more than $85,350
$15,000 ; for imprisonment
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| of 14 years or less but over 5 years, not more than $170,000
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| $30,000 ; for
imprisonment of over 14 years, not more than |
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| $199,150
$35,000 ; and provided
further, the court shall fix |
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| attorney's fees not to exceed 25% of the award
granted. On or |
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| after the effective date of this amendatory Act of the 95th |
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| General Assembly,
On December 31, 1996, the court shall make a |
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| one-time adjustment in the maximum awards
authorized by this |
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| subsection (c), to reflect the increase in the cost of
living |
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| from the year in which these maximum awards were last adjusted |
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| until
1996, but with no annual increment exceeding 5%. |
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| Thereafter, the court shall
annually adjust the maximum awards |
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| authorized by this subsection (c) to reflect
the increase, if |
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| any, in the Consumer Price Index For All Urban Consumers for
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| the previous calendar year, as determined by the United States |
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| Department of
Labor, except that no annual increment may exceed |
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| 5%. For both the one-time
adjustment and the subsequent annual |
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| adjustments, if the Consumer Price Index
decreases during a |
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| calendar year, there shall be no adjustment for that
calendar |
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| year. The transmission by the Prisoner Review Board or the |
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| clerk of the circuit court of the information described in |
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| Section 11(b) to the clerk of the Court of Claims is conclusive |
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| evidence of the validity of the claim. The changes made by this |
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| amendatory Act of the 95th General Assembly apply to all
claims |
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| pending on or filed on or after the effective date.
The changes |
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| made by Public Act 89-689 apply to all claims filed on or after |
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| January 1, 1995 that
are pending on December 31, 1996 and all |
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| claims filed on or after December 31, 1996.
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| (d) All claims against the State for damages in cases |
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| sounding in tort, if
a like cause of action would lie against a |
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| private person or corporation in a
civil suit, and all like |
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| claims sounding in tort against the Medical Center
Commission, |
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| the Board of Trustees of the University of Illinois, the Board |
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| of
Trustees of Southern Illinois University, the Board of |
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| Trustees of Chicago
State University, the Board of Trustees of |
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| Eastern Illinois University, the
Board of Trustees of Governors |
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| State University, the Board of Trustees of
Illinois State |
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| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois |
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| University, the Board
of Trustees of Western Illinois |
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| University, or the Board of Trustees of the
Illinois |
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| Mathematics and Science Academy; provided, that an award for |
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| damages
in a case sounding in tort, other than certain cases |
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| involving the operation
of a State vehicle described in this |
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| paragraph, shall not exceed the sum of
$100,000 to or for the |
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| benefit of
any claimant. The $100,000 limit prescribed by this |
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| Section does not
apply to an award of damages in any case |
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| sounding in tort arising out of
the operation by a State |
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| employee of a vehicle owned, leased or
controlled by the State. |
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| The defense that the State or the Medical
Center Commission or |
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| the Board of Trustees of the University of Illinois, the
Board |
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| of Trustees of Southern Illinois University, the Board of |
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| Trustees of
Chicago State University, the Board of Trustees of |
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| Eastern Illinois University,
the Board of Trustees of Governors |
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| State University, the Board of Trustees of
Illinois State |
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| University, the Board of Trustees of Northeastern Illinois
|
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| University, the Board of Trustees of Northern Illinois |
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| University, the Board of
Trustees of Western Illinois |
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| University, or the Board of Trustees of the
Illinois |
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| Mathematics and Science Academy is not liable for the |
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| negligence of
its officers, agents, and employees in the course |
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| of their employment is not
applicable to the hearing and |
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| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois |
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| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act.
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| (g) All claims filed pursuant to the Crime Victims |
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| Compensation Act.
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| (h) All claims pursuant to the Illinois National |
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| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section |
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| 10-55 of the Illinois
Administrative Procedure Act for the |
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| expenses incurred by a party in a
contested case on the |
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| administrative level.
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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| Sec. 11. Filing claims.
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| (a) Except as otherwise provided in subsection (b) of this |
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| Section and
subsection (3) of Section 24,
the claimant shall in |
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| all cases set forth fully in his petition
the claim, the action |
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| thereon, if any, on behalf of the State, what persons
are |
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| owners thereof or interested therein, when and upon what |
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| consideration
such persons became so interested; that no |
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| assignment or transfer of the
claim or any part thereof or |
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| interest therein has been made, except as
stated in the |
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| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all |
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| just
credits; and that claimant believes the facts stated in |
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| the petition to be
true. The petition shall be verified, as to |
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| statements of facts, by the
affidavit of the claimant, his |
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| agent, or attorney.
|
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| (b) Whenever a person has served a term of imprisonment and |
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| has received a pardon by the Governor stating that such pardon |
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| was issued on the ground of innocence of the crime for which he |
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| or she was imprisoned, the Prisoner Review Board shall transmit |
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| this information to the clerk of the Court of Claims, together |
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| with the claimant's current address. Whenever a person has |
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| served a term of imprisonment and has received a certificate of |
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| innocence from the Circuit Court as provided in Section 2-702 |
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| of the Code of Civil Procedure, the clerk of the issuing |
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| Circuit Court shall transmit this information to the clerk of |
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| the Court of Claims, together with the claimant's current |
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| address. The clerk of the Court of Claims shall immediately |
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| docket the case for consideration by the Court of Claims, and |
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| shall provide notice to the claimant of such docketing together |
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| with all hearing dates and applicable deadlines. The Court of |
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| Claims shall hear the case and render a decision within 90 days |
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| after its docketing.
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| (Source: Laws 1945, p. 660.)
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not |
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| otherwise sooner
barred by law shall be forever barred from |
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| prosecution therein unless it
is filed with the Clerk of the |
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| Court within the time set forth as follows:
|
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| (a) All claims arising out of a contract must be filed |
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| within 5
years after it first accrues, saving to minors, and |
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| persons under legal
disability at the time the claim accrues, |
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| in which cases the claim must be
filed within 5 years from the |
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| time the disability ceases.
|
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| (b) All claims cognizable against the State by vendors of |
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| goods or services
under "The Illinois Public Aid Code", |
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| approved April 11, 1967, as amended,
must file within one year |
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| after the accrual of the cause of action, as provided
in |
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| Section 11-13 of that Code.
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HB0230 Enrolled |
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LRB095 04122 RLC 24549 b |
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| (c) All claims arising under paragraph (c) of Section 8 of |
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| this Act
must
be automatically heard by the court
filed within |
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| 120
days
2 years after the person
asserting such
claim is |
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| either issued a certificate of innocence from the Circuit Court |
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| as provided in Section 2-702 of the Code of Civil Procedure |
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| discharged
from prison , or is granted a pardon by the Governor, |
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| whichever occurs later,
without the person asserting the claim |
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| being required to file a petition under Section 11 of this Act, |
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| except as otherwise provided by the Crime Victims Compensation |
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| Act.
Any claims filed by the claimant under paragraph (c) of |
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| Section 8 of this Act must be filed within 2 years after the |
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| person asserting such claim is either issued a certificate of |
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| innocence as provided in Section 2-702 of the Code of Civil |
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| Procedure, or is granted a pardon by the Governor, whichever |
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| occurs later.
|
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| (d) All claims arising under paragraph (f) of Section 8 of |
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| this Act must
be filed within one year of the date of the death |
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| of the law enforcement
officer or fireman as provided in |
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| Section 3 of the "Law Enforcement
Officers and Firemen |
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| Compensation Act", approved September 30, 1969, as
amended.
|
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| (e) All claims arising under paragraph (h) of Section 8 of |
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| this Act must
be filed within one year of the date of the death |
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| of the guardsman or
militiaman as provided in Section 3 of the |
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| "Illinois National Guardsman's
and Naval Militiaman's |
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| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of |
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HB0230 Enrolled |
- 9 - |
LRB095 04122 RLC 24549 b |
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| this Act must
be filed within one year of the crime on which a |
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| claim is based as
provided in Section 6.1 of the "Crime Victims |
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| Compensation Act", approved
August 23, 1973, as amended.
|
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| (g) All claims arising from the Comptroller's refusal to |
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| issue a
replacement warrant pursuant to Section 10.10 of the |
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| State Comptroller Act
must be filed within 5 years after the |
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| issue date of such warrant.
|
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| (h) All other claims must be filed within 2 years after it |
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| first accrues,
saving to minors, and persons under legal |
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| disability at the time the claim
accrues, in which case the |
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| claim must be filed within 2 years from the time
the disability |
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| ceases.
|
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| (i) The changes made by this amendatory Act of 1989 shall |
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| apply to all
warrants issued within the 5 year period preceding |
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| the effective date of
this amendatory Act of 1989.
|
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| (j) All time limitations established under this Act and the |
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| rules
promulgated under this Act shall be binding and |
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| jurisdictional, except upon
extension authorized by law or rule |
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| and granted pursuant to a motion timely filed.
|
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| (Source: P.A. 86-458.)
|
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
|
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| (1) From funds appropriated by the General Assembly for the |
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| purposes
of this Section the Court may direct
immediate payment |
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| of:
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HB0230 Enrolled |
- 10 - |
LRB095 04122 RLC 24549 b |
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| (a) All claims arising solely as a result of the |
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| lapsing of an
appropriation out of which the obligation |
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| could have been paid.
|
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| (b) All claims pursuant to the "Law Enforcement |
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| Officers and Firemen
Compensation Act", approved September |
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| 30, 1969, as amended.
|
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| (c) All claims pursuant to the "Illinois National |
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| Guardsman's and
Naval Militiaman's Compensation Act", |
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| approved August 12, 1971, as
amended.
|
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| (d) All claims pursuant to the "Crime Victims |
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| Compensation Act",
approved August 23, 1973, as amended.
|
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| (e) All other claims wherein the amount of the award of |
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| the Court
is less than $5,000.
|
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| (2) The court may, from funds specifically appropriated |
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| from the General
Revenue Fund for this purpose, direct the |
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| payment of awards less than $50,000
solely as a result
of the |
17 |
| lapsing of an appropriation originally made from any fund held |
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| by the
State Treasurer. For any such award paid from the |
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| General Revenue Fund, the
court
shall thereafter seek an |
20 |
| appropriation from the fund from which the liability
originally |
21 |
| accrued in reimbursement of the General Revenue Fund.
|
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| (3) From funds appropriated by the General Assembly for the |
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| purposes of
paying claims under paragraph (c) of Section 8, the |
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| court must direct payment
of each claim and the payment must be |
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| received by the claimant within 60 days after the date that the |
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| funds are appropriated for that purpose.
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HB0230 Enrolled |
- 11 - |
LRB095 04122 RLC 24549 b |
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|
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| (Source: P.A. 92-357, eff. 8-15-01.)
|
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| (705 ILCS 505/24.5 new)
|
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| Sec. 24.5. Applicability. This amendatory Act of the 95th |
4 |
| General Assembly shall apply to causes of action filed on or |
5 |
| after its effective date.
|
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| Section 15. The Code of Civil Procedure is amended by |
7 |
| adding Section 2-702 as follows: |
8 |
| (735 ILCS 5/2-702 new)
|
9 |
| Sec. 2-702. Petition for a certificate of innocence that |
10 |
| the petitioner was innocent of all offenses for which he or she |
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| was incarcerated. |
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| (a) The General Assembly finds and declares that innocent |
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| persons who have been wrongly convicted of crimes in Illinois |
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| and subsequently imprisoned have been frustrated in seeking |
15 |
| legal redress due to a variety of substantive and technical |
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| obstacles in the law and that such persons should have an |
17 |
| available avenue to obtain a finding of innocence so that they |
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| may obtain relief through a petition in the Court of Claims. |
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| The General Assembly further finds misleading the current legal |
20 |
| nomenclature which compels an innocent person to seek a pardon |
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| for being wrongfully incarcerated. It is the intent of the |
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| General Assembly that the court, in exercising its discretion |
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| as permitted by law regarding the weight and admissibility of |
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HB0230 Enrolled |
- 12 - |
LRB095 04122 RLC 24549 b |
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|
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| evidence submitted pursuant to this Section, shall, in the |
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| interest of justice, give due consideration to difficulties of |
3 |
| proof caused by the passage of time, the death or |
4 |
| unavailability of witnesses, the destruction of evidence or |
5 |
| other factors not caused by such persons or those acting on |
6 |
| their behalf. |
7 |
| (b) Any person convicted and subsequently imprisoned for |
8 |
| one or more felonies by the State of Illinois which he or she |
9 |
| did not commit may, under the conditions hereinafter provided, |
10 |
| file a petition for certificate of innocence in the circuit |
11 |
| court of the county in which the person was convicted. The |
12 |
| petition shall request a certificate of innocence finding that |
13 |
| the petitioner was innocent of all offenses for which he or she |
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| was incarcerated. |
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| (c) In order to present the claim for certificate of |
16 |
| innocence of an unjust conviction and imprisonment, the |
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| petitioner must attach to his or her petition documentation |
18 |
| demonstrating that: |
19 |
| (1) he or she has been convicted of one or more |
20 |
| felonies by the State of Illinois and subsequently |
21 |
| sentenced to a term of imprisonment, and has served all or |
22 |
| any part of the sentence; and |
23 |
| (2) his or her judgment of conviction was reversed or |
24 |
| vacated, and the indictment or information dismissed or, if |
25 |
| a new trial was ordered, either he or she was found not |
26 |
| guilty at the new trial or he or she was not retried and |
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HB0230 Enrolled |
- 13 - |
LRB095 04122 RLC 24549 b |
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|
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| the indictment or information dismissed; or the statute, or |
2 |
| application thereof, on which the indictment or |
3 |
| information was based violated the Constitution of the |
4 |
| United States or the State of Illinois; and |
5 |
| (3) his or her claim is not time barred by the |
6 |
| provisions of subsection (i) of this Section. |
7 |
| (d) The petition shall state facts in sufficient detail to |
8 |
| permit the court to find that the petitioner is likely to |
9 |
| succeed at trial in proving that the petitioner is innocent of |
10 |
| the offenses charged in the indictment or information or his or |
11 |
| her acts or omissions charged in the indictment or information |
12 |
| did not constitute a felony or misdemeanor against the State of |
13 |
| Illinois, and the petitioner did not by his or her own conduct |
14 |
| voluntarily cause or bring about his or her conviction. The |
15 |
| petition shall be verified by the petitioner. |
16 |
| (e) A copy of the petition shall be served on the Attorney |
17 |
| General and the State's Attorney of the county where the |
18 |
| conviction was had. The Attorney General and the State's |
19 |
| Attorney of the county where the conviction was had shall have |
20 |
| the right to intervene as parties. |
21 |
| (f) In any hearing seeking a certificate of innocence, the |
22 |
| court may take judicial notice of prior sworn testimony or |
23 |
| evidence admitted in the criminal proceedings related to the |
24 |
| convictions which resulted in the alleged wrongful |
25 |
| incarceration, if the petitioner was either represented by |
26 |
| counsel at such prior proceedings or the right to counsel was |
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HB0230 Enrolled |
- 14 - |
LRB095 04122 RLC 24549 b |
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|
1 |
| knowingly waived. |
2 |
| (g) In order to obtain a certificate of innocence the |
3 |
| petitioner must prove by a preponderance of evidence that: |
4 |
| (1) the petitioner was convicted of one or more |
5 |
| felonies by the State of Illinois and subsequently |
6 |
| sentenced to a term of imprisonment, and has served all or |
7 |
| any part of the sentence; |
8 |
| (2)(A) the judgment of conviction was reversed or |
9 |
| vacated, and the indictment or information dismissed or, if |
10 |
| a new trial was ordered, either the petitioner was found |
11 |
| not guilty at the new trial or the petitioner was not |
12 |
| retried and the indictment or information dismissed; or (B) |
13 |
| the statute, or application thereof, on which the |
14 |
| indictment or information was based violated the |
15 |
| Constitution of the United States or the State of Illinois; |
16 |
| (3) the petitioner is innocent of the offenses charged |
17 |
| in the indictment or information or his or her acts or |
18 |
| omissions charged in the indictment or information did not |
19 |
| constitute a felony or misdemeanor against the State; and |
20 |
| (4) the petitioner did not by his or her own conduct
|
21 |
| voluntarily cause or bring about his or her conviction. |
22 |
| (h) If the court finds that the petitioner is entitled to a
|
23 |
| judgment, it shall enter a certificate of innocence finding |
24 |
| that
the petitioner was innocent of all offenses for which he |
25 |
| or she was incarcerated. Upon entry of the certificate of |
26 |
| innocence, the clerk of the court shall transmit a copy of the |
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|
|
HB0230 Enrolled |
- 15 - |
LRB095 04122 RLC 24549 b |
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|
1 |
| certificate of innocence to the clerk of the Court of Claims, |
2 |
| together with the claimant's current address. |
3 |
| (i) Any person seeking a certificate of innocence under |
4 |
| this
Section based on the dismissal of an indictment or |
5 |
| information
or acquittal that occurred before the effective |
6 |
| date of this
amendatory Act of the 95th General Assembly shall |
7 |
| file his or
her petition within 2 years after the effective |
8 |
| date of this
amendatory Act of the 95th General Assembly. Any |
9 |
| person seeking
a certificate of innocence under this Section |
10 |
| based on the
dismissal of an indictment or information or |
11 |
| acquittal that
occurred on or after the effective date of this |
12 |
| amendatory Act
of the 95th General Assembly shall file his or |
13 |
| her petition
within 2 years after the dismissal. |
14 |
| (j) The decision to grant or deny a certificate of |
15 |
| innocence shall be binding only with respect to claims filed in |
16 |
| the Court of Claims and shall not have a res judicata effect on |
17 |
| any other proceedings.
|
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law. |