Full Text of HB0230 95th General Assembly
HB0230eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning imprisonment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Department of Commerce and Economic | 5 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 605-416 as follows: | 7 |
| (20 ILCS 605/605-416 new)
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| Sec. 605-416. Persons unjustly imprisoned; job training | 9 |
| and continuing education. The Department shall establish an | 10 |
| individualized job training and continuing education program | 11 |
| for each person if he or she has been discharged from a prison | 12 |
| of this State; and if he or she has been
wrongfully accused of | 13 |
| a crime for which he or she was imprisoned; and if the person | 14 |
| received a pardon from the Governor stating that such pardon is | 15 |
| issued on the ground of innocence of the crime for which he or | 16 |
| she was imprisoned or he or she has received a certificate of | 17 |
| innocence from the Circuit Court as provided in Section 2-702 | 18 |
| of the Code of Civil Procedure.
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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 | 21 |
| 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 | 3 |
| exclusive
jurisdiction to hear and determine the following | 4 |
| matters:
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| (a) All claims against the State founded upon any law of | 6 |
| the State of
Illinois or upon any regulation adopted thereunder | 7 |
| by an executive or
administrative officer or agency; provided, | 8 |
| however, the court shall not have
jurisdiction (i) to hear or | 9 |
| determine claims arising under
the Workers' Compensation Act or | 10 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 11 |
| in civil litigation, or (ii) to review administrative
decisions | 12 |
| for which a statute provides that review shall be in the | 13 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 15 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 17 |
| in prisons
of this State when
where the person
persons
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| imprisoned was wrongfully accused of the crime for which he or | 19 |
| she was imprisoned and
the accused received
shall receive a | 20 |
| pardon from
the governor stating that such pardon is issued on | 21 |
| the ground of
innocence of the crime for which he or she was
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| they were imprisoned or he or she received a certificate of | 23 |
| innocence from the Circuit Court as provided in Section 2-702 | 24 |
| of the Code of Civil Procedure ; provided, the amount of the | 25 |
| award is at the discretion of the court; and provided, the
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| court shall make no award in excess of the following amounts: |
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| for
imprisonment of 5 years or less, not more than $85,350
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| $15,000 ; for imprisonment
of 14 years or less but over 5 years, | 3 |
| not more than $170,000
$30,000 ; for
imprisonment of over 14 | 4 |
| years, not more than $199,150
$35,000 ; and provided
further, | 5 |
| the court shall fix attorney's fees not to exceed 25% of the | 6 |
| award
granted. On or after the effective date of this | 7 |
| amendatory Act of the 95th General Assembly,
On December 31, | 8 |
| 1996, the court shall make a one-time adjustment in the maximum | 9 |
| awards
authorized by this subsection (c), to reflect the | 10 |
| increase in the cost of
living from the year in which these | 11 |
| maximum awards were last adjusted until
1996, but with no | 12 |
| annual increment exceeding 5%. Thereafter, the court shall
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| annually adjust the maximum awards authorized by this | 14 |
| subsection (c) to reflect
the increase, if any, in the Consumer | 15 |
| Price Index For All Urban Consumers for
the previous calendar | 16 |
| year, as determined by the United States Department of
Labor, | 17 |
| except that no annual increment may exceed 5%. For both the | 18 |
| one-time
adjustment and the subsequent annual adjustments, if | 19 |
| the Consumer Price Index
decreases during a calendar year, | 20 |
| there shall be no adjustment for that
calendar year. The | 21 |
| changes made by this amendatory Act of the 95th General | 22 |
| Assembly apply to all
claims pending on or filed on or after | 23 |
| the effective date.
The changes made by Public Act 89-689 apply | 24 |
| to all claims filed on or after January 1, 1995 that
are | 25 |
| pending on December 31, 1996 and all claims filed on or after | 26 |
| December 31, 1996.
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| (d) All claims against the State for damages in cases | 2 |
| sounding in tort, if
a like cause of action would lie against a | 3 |
| private person or corporation in a
civil suit, and all like | 4 |
| claims sounding in tort against the Medical Center
Commission, | 5 |
| the Board of Trustees of the University of Illinois, the Board | 6 |
| of
Trustees of Southern Illinois University, the Board of | 7 |
| Trustees of Chicago
State University, the Board of Trustees of | 8 |
| Eastern Illinois University, the
Board of Trustees of Governors | 9 |
| State University, the Board of Trustees of
Illinois State | 10 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 12 |
| University, the Board
of Trustees of Western Illinois | 13 |
| University, or the Board of Trustees of the
Illinois | 14 |
| Mathematics and Science Academy; provided, that an award for | 15 |
| damages
in a case sounding in tort, other than certain cases | 16 |
| involving the operation
of a State vehicle described in this | 17 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 18 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 19 |
| Section does not
apply to an award of damages in any case | 20 |
| sounding in tort arising out of
the operation by a State | 21 |
| employee of a vehicle owned, leased or
controlled by the State. | 22 |
| The defense that the State or the Medical
Center Commission or | 23 |
| the Board of Trustees of the University of Illinois, the
Board | 24 |
| of Trustees of Southern Illinois University, the Board of | 25 |
| Trustees of
Chicago State University, the Board of Trustees of | 26 |
| Eastern Illinois University,
the Board of Trustees of Governors |
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| State University, the Board of Trustees of
Illinois State | 2 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 4 |
| University, the Board of
Trustees of Western Illinois | 5 |
| University, or the Board of Trustees of the
Illinois | 6 |
| Mathematics and Science Academy is not liable for the | 7 |
| negligence of
its officers, agents, and employees in the course | 8 |
| of their employment is not
applicable to the hearing and | 9 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 11 |
| 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 | 15 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 17 |
| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section | 19 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 20 |
| expenses incurred by a party in a
contested case on the | 21 |
| administrative level.
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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 | 2 |
| all cases set forth fully in his petition
the claim, the action | 3 |
| thereon, if any, on behalf of the State, what persons
are | 4 |
| owners thereof or interested therein, when and upon what | 5 |
| consideration
such persons became so interested; that no | 6 |
| assignment or transfer of the
claim or any part thereof or | 7 |
| interest therein has been made, except as
stated in the | 8 |
| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all | 10 |
| just
credits; and that claimant believes the facts stated in | 11 |
| the petition to be
true. The petition shall be verified, as to | 12 |
| statements of facts, by the
affidavit of the claimant, his | 13 |
| agent, or attorney.
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| (b) Whenever a person has served a term of imprisonment and | 15 |
| has received a pardon by the Governor stating that such pardon | 16 |
| was issued on the ground of innocence of the crime for which he | 17 |
| or she was imprisoned, or a certificate of innocence from the | 18 |
| Circuit Court as provided in Section 2-702 of the Code of Civil | 19 |
| Procedure, the Governor shall transmit this information to the | 20 |
| clerk of the Court of Claims. The clerk of
the
Court of Claims | 21 |
| shall immediately docket the case for consideration by the
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| Court of Claims. The Court of Claims shall hear the case and | 23 |
| render a decision
within 90 days after its docketing. The | 24 |
| transmission by the Governor of the information described in | 25 |
| this subsection (b)
to the clerk of the Court
of Claims is | 26 |
| conclusive evidence of the validity of the claim.
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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 | 4 |
| otherwise sooner
barred by law shall be forever barred from | 5 |
| prosecution therein unless it
is filed with the Clerk of the | 6 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 8 |
| within 5
years after it first accrues, saving to minors, and | 9 |
| persons under legal
disability at the time the claim accrues, | 10 |
| in which cases the claim must be
filed within 5 years from the | 11 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 13 |
| goods or services
under "The Illinois Public Aid Code", | 14 |
| approved April 11, 1967, as amended,
must file within one year | 15 |
| after the accrual of the cause of action, as provided
in | 16 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 18 |
| this Act
must
be automatically heard by the court
filed within | 19 |
| 120
days
2 years after the person unjustly imprisoned
asserting | 20 |
| such
claim is discharged
from prison without the person | 21 |
| unjustly imprisoned being required to file a
petition under | 22 |
| Section 11 of this Act , or is granted a pardon by the Governor, | 23 |
| whichever occurs later,
except as otherwise provided by the | 24 |
| Crime Victims Compensation Act .
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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 | 2 |
| of the law enforcement
officer or fireman as provided in | 3 |
| Section 3 of the "Law Enforcement
Officers and Firemen | 4 |
| Compensation Act", approved September 30, 1969, as
amended.
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| (e) All claims arising under paragraph (h) of Section 8 of | 6 |
| this Act must
be filed within one year of the date of the death | 7 |
| of the guardsman or
militiaman as provided in Section 3 of the | 8 |
| "Illinois National Guardsman's
and Naval Militiaman's | 9 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of | 11 |
| this Act must
be filed within one year of the crime on which a | 12 |
| claim is based as
provided in Section 6.1 of the "Crime Victims | 13 |
| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to | 15 |
| issue a
replacement warrant pursuant to Section 10.10 of the | 16 |
| State Comptroller Act
must be filed within 5 years after the | 17 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 19 |
| first accrues,
saving to minors, and persons under legal | 20 |
| disability at the time the claim
accrues, in which case the | 21 |
| claim must be filed within 2 years from the time
the disability | 22 |
| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 24 |
| apply to all
warrants issued within the 5 year period preceding | 25 |
| 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 | 2 |
| jurisdictional, except upon
extension authorized by law or rule | 3 |
| 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 | 8 |
| purposes
of this Section the Court may direct
immediate payment | 9 |
| of:
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| (a) All claims arising solely as a result of the | 11 |
| lapsing of an
appropriation out of which the obligation | 12 |
| could have been paid.
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| (b) All claims pursuant to the "Law Enforcement | 14 |
| Officers and Firemen
Compensation Act", approved September | 15 |
| 30, 1969, as amended.
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| (c) All claims pursuant to the "Illinois National | 17 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 18 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 20 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of | 22 |
| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 24 |
| from the General
Revenue Fund for this purpose, direct the | 25 |
| payment of awards less than $50,000
solely as a result
of the |
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| lapsing of an appropriation originally made from any fund held | 2 |
| by the
State Treasurer. For any such award paid from the | 3 |
| General Revenue Fund, the
court
shall thereafter seek an | 4 |
| appropriation from the fund from which the liability
originally | 5 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) From funds appropriated by the General Assembly for the | 7 |
| purposes of
paying claims under paragraph (c) of Section 8, the | 8 |
| court must direct payment
of each claim and the payment must be | 9 |
| received by the claimant within 60 days after the date that the | 10 |
| funds are appropriated for that purpose.
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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 | 14 |
| General Assembly shall apply to causes of action filed on or | 15 |
| after its effective date.
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| Section 15. The Code of Civil Procedure is amended by | 17 |
| adding Section 2-702 as follows: | 18 |
| (735 ILCS 5/2-702 new)
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| Sec. 2-702. Petition for a certificate of innocence that | 20 |
| the petitioner was innocent of all offenses for which he or she | 21 |
| was incarcerated. | 22 |
| (a) The General Assembly finds and declares that innocent | 23 |
| persons who have been wrongly convicted of crimes in Illinois |
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| and subsequently imprisoned have been frustrated in seeking | 2 |
| legal redress due to a variety of substantive and technical | 3 |
| obstacles in the law and that such persons should have an | 4 |
| available avenue to obtain a finding of innocence so that they | 5 |
| may obtain relief through a petition in the Court of Claims. | 6 |
| The General Assembly further finds misleading the current legal | 7 |
| nomenclature which compels an innocent person to seek a pardon | 8 |
| for being wrongfully incarcerated. It is the intent of the | 9 |
| General Assembly that the court, in exercising its discretion | 10 |
| as permitted by law regarding the weight and admissibility of | 11 |
| evidence submitted pursuant to this Section, shall, in the | 12 |
| interest of justice, give due consideration to difficulties of | 13 |
| proof caused by the passage of time, the death or | 14 |
| unavailability of witnesses, the destruction of evidence or | 15 |
| other factors not caused by such persons or those acting on | 16 |
| their behalf. | 17 |
| (b) Any person convicted and subsequently imprisoned for | 18 |
| one or more felonies by the State of Illinois which he or she | 19 |
| did not commit may, under the conditions hereinafter provided, | 20 |
| file a petition for certificate of innocence in the circuit | 21 |
| court of the county in which the person was convicted. The | 22 |
| petition shall request a certificate of innocence finding that | 23 |
| the petitioner was innocent of all offenses for which he or she | 24 |
| was incarcerated. | 25 |
| (c) In order to present the claim for certificate of | 26 |
| innocence of an unjust conviction and imprisonment, the |
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| petitioner must attach to his or her petition documentation | 2 |
| demonstrating that: | 3 |
| (1) he or she has been convicted of one or more | 4 |
| felonies by the State of Illinois and subsequently | 5 |
| sentenced to a term of imprisonment, and has served all or | 6 |
| any part of the sentence; and | 7 |
| (2) his or her judgment of conviction was reversed or | 8 |
| vacated, and the indictment or information dismissed or, if | 9 |
| a new trial was ordered, either he or she was found not | 10 |
| guilty at the new trial or he or she was not retried and | 11 |
| the indictment or information dismissed; or the statute, or | 12 |
| application thereof, on which the indictment or | 13 |
| information was based violated the Constitution of the | 14 |
| United States or the State of Illinois; and | 15 |
| (3) his or her claim is not time barred by the | 16 |
| provisions of subsection (i) of this Section. | 17 |
| (d) The petition shall state facts in sufficient detail to | 18 |
| permit the court to find that the petitioner is likely to | 19 |
| succeed at trial in proving that the petitioner is innocent of | 20 |
| the offenses charged in the indictment or information or his or | 21 |
| her acts or omissions charged in the indictment or information | 22 |
| did not constitute a felony or misdemeanor against the State of | 23 |
| Illinois, and the petitioner did not by his or her own conduct | 24 |
| voluntarily cause or bring about his or her conviction. The | 25 |
| petition shall be verified by the petitioner. | 26 |
| (e) A copy of the petition shall be served on the Attorney |
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| General and the State's Attorney of the county where the | 2 |
| conviction was had. The Attorney General and the State's | 3 |
| Attorney of the county where the conviction was had shall have | 4 |
| the right to intervene as parties. | 5 |
| (f) In any hearing seeking a certificate of innocence, the | 6 |
| court may take judicial notice of prior sworn testimony or | 7 |
| evidence admitted in the criminal proceedings related to the | 8 |
| convictions which resulted in the alleged wrongful | 9 |
| incarceration, if the petitioner was either represented by | 10 |
| counsel at such prior proceedings or the right to counsel was | 11 |
| knowingly waived. | 12 |
| (g) In order to obtain a certificate of innocence the | 13 |
| petitioner must prove by a preponderance of evidence that: | 14 |
| (1) the petitioner was convicted of one or more | 15 |
| felonies by the State of Illinois and subsequently | 16 |
| sentenced to a term of imprisonment, and has served all or | 17 |
| any part of the sentence; | 18 |
| (2)(A) the judgment of conviction was reversed or | 19 |
| vacated, and the indictment or information dismissed or, if | 20 |
| a new trial was ordered, either the petitioner was found | 21 |
| not guilty at the new trial or the petitioner was not | 22 |
| retried and the indictment or information dismissed; or (B) | 23 |
| the statute, or application thereof, on which the | 24 |
| indictment or information was based violated the | 25 |
| Constitution of the United States or the State of Illinois; | 26 |
| (3) the petitioner is innocent of the offenses charged |
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| in the indictment or information or his or her acts or | 2 |
| omissions charged in the indictment or information did not | 3 |
| constitute a felony or misdemeanor against the State; and | 4 |
| (4) the petitioner did not by his or her own conduct
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| voluntarily cause or bring about his or her conviction. | 6 |
| (h) If the court finds that the petitioner is entitled to a
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| judgment, it shall enter a certificate of innocence finding | 8 |
| that
the petitioner was innocent of all offenses for which he | 9 |
| or she
was incarcerated. | 10 |
| (i) Any person seeking a certificate of innocence under | 11 |
| this
Section based on the dismissal of an indictment or | 12 |
| information
or acquittal that occurred before the effective | 13 |
| date of this
amendatory Act of the 95th General Assembly shall | 14 |
| file his or
her petition within 2 years after the effective | 15 |
| date of this
amendatory Act of the 95th General Assembly. Any | 16 |
| person seeking
a certificate of innocence under this Section | 17 |
| based on the
dismissal of an indictment or information or | 18 |
| acquittal that
occurred on or after the effective date of this | 19 |
| amendatory Act
of the 95th General Assembly shall file his or | 20 |
| her petition
within 2 years after the dismissal. | 21 |
| (j) The decision to grant or deny a certificate of | 22 |
| innocence shall be binding only with respect to claims filed in | 23 |
| the Court of Claims and shall not have a res judicata effect on | 24 |
| any other proceedings.
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law. |
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