Full Text of HB0230 95th General Assembly
HB0230ham001 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/2/2007
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LRB095 04122 RLC 32094 a |
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| AMENDMENT TO HOUSE BILL 230
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| AMENDMENT NO. ______. Amend House Bill 230 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Personnel Code is amended by adding Section | 5 |
| 8b.7-5 as
follows:
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| (20 ILCS 415/8b.7-5 new)
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| Sec. 8b.7-5. Unjustly imprisoned preference.
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| (a) A person shall be qualified for a preference in | 9 |
| entrance examinations if: (i) he or she has been discharged | 10 |
| from a prison of this State; (ii)
he or she has been
wrongfully | 11 |
| accused of a crime for which he or she was imprisoned; and | 12 |
| (iii) a court
of competent jurisdiction entered a declaratory | 13 |
| judgment finding that the accused was innocent of all offenses | 14 |
| for which he or she was incarcerated or the accused received a | 15 |
| pardon from the Governor stating that such pardon is issued on | 16 |
| the ground of innocence of the crime for which he or she was |
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| imprisoned.
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| (b) The preference granted under this Section shall be in | 3 |
| the form of an
entitlement to appear on the list of those | 4 |
| eligible for appointments, if the person otherwise qualifies | 5 |
| through testing.
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| (c) The Department of Central Management Services shall | 7 |
| adopt rules and
implement procedures to verify that any person | 8 |
| seeking a preference under this
Section provides documentation | 9 |
| or executes any consents or other documents
required by the | 10 |
| Department of Central Management Services or any other State
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| Department or agency to enable that Department or agency to | 12 |
| verify that the
person is entitled to the preference.
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| Section 10. The Department of Commerce and Economic | 14 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 15 |
| amended by adding Section 605-416 as follows: | 16 |
| (20 ILCS 605/605-416 new)
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| Sec. 605-416. Persons unjustly imprisoned; job training | 18 |
| and continuing education. The Department shall establish an | 19 |
| individualized job training and continuing education program | 20 |
| for each person if he or she has been discharged from a prison | 21 |
| of this State; and if he or she has been
wrongfully accused of | 22 |
| a crime for which he or she was imprisoned; and if either a | 23 |
| court
of competent jurisdiction entered a declaratory judgment | 24 |
| finding that the accused was innocent of all offenses for which |
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| he or she was incarcerated or the person received a pardon from | 2 |
| the Governor stating that such pardon is issued on the ground | 3 |
| of innocence of the crime for he or she was imprisoned.
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| Section 15. 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 | 6 |
| 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 | 9 |
| exclusive
jurisdiction to hear and determine the following | 10 |
| matters:
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| (a) All claims against the State founded upon any law of | 12 |
| the State of
Illinois or upon any regulation adopted thereunder | 13 |
| by an executive or
administrative officer or agency; provided, | 14 |
| however, the court shall not have
jurisdiction (i) to hear or | 15 |
| determine claims arising under
the Workers' Compensation Act or | 16 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 17 |
| in civil litigation, or (ii) to review administrative
decisions | 18 |
| for which a statute provides that review shall be in the | 19 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 21 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 23 |
| in prisons
of this State when
where the person
persons
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| imprisoned (i) was wrongfully accused of the crime for which he |
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| or she was imprisoned and
a court of competent jurisdiction | 2 |
| entered a declaratory judgment finding that the accused was | 3 |
| innocent of all offenses for which he or she was incarcerated | 4 |
| or (ii) the accused received
shall receive a pardon from
the | 5 |
| governor stating that such pardon is issued on the ground of
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| innocence of the crime for which they were imprisoned; | 7 |
| provided, the amount of the award is at the discretion of the | 8 |
| court; and provided, the
court shall make no award in excess of | 9 |
| the following amounts: for
imprisonment of 5 years or less, not | 10 |
| more than $85,350
$15,000 ; for imprisonment
of 14 years or less | 11 |
| but over 5 years, not more than $170,000
$30,000 ; for
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| imprisonment of over 14 years, not more than $199,150
$35,000 ; | 13 |
| and provided
further, the court shall fix attorney's fees not | 14 |
| to exceed 25% of the award
granted. On or after the effective | 15 |
| date of this amendatory Act of the 95th General Assembly,
On | 16 |
| December 31, 1996, the court shall make a one-time adjustment | 17 |
| in the maximum awards
authorized by this subsection (c), to | 18 |
| reflect the increase in the cost of
living from the year in | 19 |
| which these maximum awards were last adjusted until
1996, but | 20 |
| with no annual increment exceeding 5%. Thereafter, the court | 21 |
| shall
annually adjust the maximum awards authorized by this | 22 |
| subsection (c) to reflect
the increase, if any, in the Consumer | 23 |
| Price Index For All Urban Consumers for
the previous calendar | 24 |
| year, as determined by the United States Department of
Labor, | 25 |
| except that no annual increment may exceed 5%. For both the | 26 |
| one-time
adjustment and the subsequent annual adjustments, if |
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| the Consumer Price Index
decreases during a calendar year, | 2 |
| there shall be no adjustment for that
calendar year. The | 3 |
| changes made by this amendatory Act of the 95th General | 4 |
| Assembly apply to all
claims pending on or filed on or after | 5 |
| the effective date.
The changes made by Public Act 89-689 apply | 6 |
| to all claims filed on or after January 1, 1995 that
are | 7 |
| pending on December 31, 1996 and all claims filed on or after | 8 |
| December 31, 1996.
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| (d) All claims against the State for damages in cases | 10 |
| sounding in tort, if
a like cause of action would lie against a | 11 |
| private person or corporation in a
civil suit, and all like | 12 |
| claims sounding in tort against the Medical Center
Commission, | 13 |
| the Board of Trustees of the University of Illinois, the Board | 14 |
| of
Trustees of Southern Illinois University, the Board of | 15 |
| Trustees of Chicago
State University, the Board of Trustees of | 16 |
| Eastern Illinois University, the
Board of Trustees of Governors | 17 |
| State University, the Board of Trustees of
Illinois State | 18 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 20 |
| University, the Board
of Trustees of Western Illinois | 21 |
| University, or the Board of Trustees of the
Illinois | 22 |
| Mathematics and Science Academy; provided, that an award for | 23 |
| damages
in a case sounding in tort, other than certain cases | 24 |
| involving the operation
of a State vehicle described in this | 25 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 26 |
| 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 | 2 |
| sounding in tort arising out of
the operation by a State | 3 |
| employee of a vehicle owned, leased or
controlled by the State. | 4 |
| The defense that the State or the Medical
Center Commission or | 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 is not liable for the | 15 |
| negligence of
its officers, agents, and employees in the course | 16 |
| of their employment is not
applicable to the hearing and | 17 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 19 |
| 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 | 23 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 25 |
| 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 | 2 |
| expenses incurred by a party in a
contested case on the | 3 |
| 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 | 8 |
| Section and
subsection (3) of Section 24,
the claimant shall in | 9 |
| all cases set forth fully in his petition
the claim, the action | 10 |
| thereon, if any, on behalf of the State, what persons
are | 11 |
| owners thereof or interested therein, when and upon what | 12 |
| consideration
such persons became so interested; that no | 13 |
| assignment or transfer of the
claim or any part thereof or | 14 |
| interest therein has been made, except as
stated in the | 15 |
| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all | 17 |
| just
credits; and that claimant believes the facts stated in | 18 |
| the petition to be
true. The petition shall be verified, as to | 19 |
| statements of facts, by the
affidavit of the claimant, his | 20 |
| agent, or attorney.
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| (b) Whenever a person who has served a term of imprisonment | 22 |
| and has obtained a declaratory judgment finding that he or she | 23 |
| was innocent of all offenses for which he or she was | 24 |
| incarcerated, the clerk of the court of competent jurisdiction | 25 |
| shall
transmit this information to the clerk of the Court of |
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| Claims. Whenever a person who has served a term of imprisonment | 2 |
| and has received a pardon by the Governor stating that such | 3 |
| pardon was issued on the ground of innocence of the crime for | 4 |
| which he or she was imprisoned, the Governor shall transmit | 5 |
| this information to the clerk of the Court of Claims. The clerk | 6 |
| of
the
Court of Claims shall immediately docket the case for | 7 |
| consideration by the
Court of Claims. The Court of Claims shall | 8 |
| hear the case and render a decision
within 90 days after its | 9 |
| docketing. The transmission by the clerk of the court
of | 10 |
| competent jurisdiction or by the Governor of the information | 11 |
| described in this subsection (b)
to the clerk of the Court
of | 12 |
| Claims is 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 | 16 |
| otherwise sooner
barred by law shall be forever barred from | 17 |
| prosecution therein unless it
is filed with the Clerk of the | 18 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 20 |
| within 5
years after it first accrues, saving to minors, and | 21 |
| persons under legal
disability at the time the claim accrues, | 22 |
| in which cases the claim must be
filed within 5 years from the | 23 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 25 |
| goods or services
under "The Illinois Public Aid Code", |
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| approved April 11, 1967, as amended,
must file within one year | 2 |
| after the accrual of the cause of action, as provided
in | 3 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 5 |
| this Act
must
be automatically heard by the court
filed within | 6 |
| 120
days
2 years after the person unjustly imprisoned
asserting | 7 |
| such
claim is discharged
from prison without the person | 8 |
| unjustly imprisoned being required to file a
petition under | 9 |
| Section 11 of this Act
, or is granted a pardon by the | 10 |
| Governor, whichever occurs later,
except as otherwise provided | 11 |
| by the Crime Victims Compensation Act .
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| (d) All claims arising under paragraph (f) of Section 8 of | 13 |
| this Act must
be filed within one year of the date of the death | 14 |
| of the law enforcement
officer or fireman as provided in | 15 |
| Section 3 of the "Law Enforcement
Officers and Firemen | 16 |
| Compensation Act", approved September 30, 1969, as
amended.
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| (e) All claims arising under paragraph (h) of Section 8 of | 18 |
| this Act must
be filed within one year of the date of the death | 19 |
| of the guardsman or
militiaman as provided in Section 3 of the | 20 |
| "Illinois National Guardsman's
and Naval Militiaman's | 21 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of | 23 |
| this Act must
be filed within one year of the crime on which a | 24 |
| claim is based as
provided in Section 6.1 of the "Crime Victims | 25 |
| 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 | 2 |
| State Comptroller Act
must be filed within 5 years after the | 3 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 5 |
| first accrues,
saving to minors, and persons under legal | 6 |
| disability at the time the claim
accrues, in which case the | 7 |
| claim must be filed within 2 years from the time
the disability | 8 |
| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 10 |
| apply to all
warrants issued within the 5 year period preceding | 11 |
| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the | 13 |
| rules
promulgated under this Act shall be binding and | 14 |
| jurisdictional, except upon
extension authorized by law or rule | 15 |
| 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 | 20 |
| purposes
of this Section the Court may direct
immediate payment | 21 |
| of:
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| (a) All claims arising solely as a result of the | 23 |
| lapsing of an
appropriation out of which the obligation | 24 |
| 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 | 2 |
| 30, 1969, as amended.
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| (c) All claims pursuant to the "Illinois National | 4 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 5 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 7 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of | 9 |
| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 11 |
| from the General
Revenue Fund for this purpose, direct the | 12 |
| payment of awards less than $50,000
solely as a result
of the | 13 |
| lapsing of an appropriation originally made from any fund held | 14 |
| by the
State Treasurer. For any such award paid from the | 15 |
| General Revenue Fund, the
court
shall thereafter seek an | 16 |
| appropriation from the fund from which the liability
originally | 17 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) From funds appropriated by the General Assembly for the | 19 |
| purposes of
paying claims under paragraph (c) of Section 8, the | 20 |
| court must direct payment
of each claim and the payment must be | 21 |
| received by the claimant within 60 days after the date that the | 22 |
| 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 |
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| General Assembly shall apply to causes of action filed on or | 2 |
| after its effective date.
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| Section 20. The Code of Civil Procedure is amended by | 4 |
| adding Section 2-702 as follows: | 5 |
| (735 ILCS 5/2-702 new) | 6 |
| Sec. 2-702. Action for declaratory judgment that the | 7 |
| plaintiff was innocent of all offenses for which he or she was | 8 |
| incarcerated. | 9 |
| (a) The General Assembly finds and declares that innocent | 10 |
| persons who have been wrongly convicted of crimes in Illinois | 11 |
| and subsequently imprisoned have been frustrated in seeking | 12 |
| legal redress due to a variety of substantive and technical | 13 |
| obstacles in the law and that such persons should have an | 14 |
| available avenue to obtain a finding of innocence so that they | 15 |
| may obtain relief through an action in the Court of Claims. It | 16 |
| is the intent of the General Assembly that the court, in | 17 |
| exercising its discretion as permitted by law regarding the | 18 |
| weight and admissibility of evidence submitted pursuant to this | 19 |
| Section, shall, in the interest of justice, give due | 20 |
| consideration to difficulties of proof caused by the passage of | 21 |
| time, the death or unavailability of witnesses, the destruction | 22 |
| of evidence or other factors not caused by such persons or | 23 |
| those acting on their behalf. | 24 |
| (b) Any person convicted and subsequently imprisoned for |
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| one or more felonies by the State of Illinois which he or she | 2 |
| did not commit may, under the conditions hereinafter provided, | 3 |
| file an action for declaratory judgment in the Circuit Court of | 4 |
| the County in which the person was convicted. The action shall | 5 |
| name the prosecuting authority as defendant and shall request a | 6 |
| declaratory judgment that the plaintiff was innocent of all | 7 |
| offenses for which he or she was incarcerated. | 8 |
| (c) In order to present the claim for declaratory judgment | 9 |
| of an unjust conviction and imprisonment, the plaintiff must | 10 |
| establish by satisfactory evidence that: | 11 |
| (1) he or she has been convicted of one or more | 12 |
| felonies by the State of Illinois and subsequently | 13 |
| sentenced to a term of
imprisonment, and has served all or | 14 |
| any part of the sentence; and | 15 |
| (2) his or her judgment of conviction was reversed or | 16 |
| vacated, and the indictment or information dismissed or, if | 17 |
| a new trial was ordered, either he or she was found not | 18 |
| guilty at the new trial or he or she was not retried and | 19 |
| the indictment or information dismissed; or the statute, or | 20 |
| application thereof, on which the indictment or | 21 |
| information was based violated the Constitution of the | 22 |
| United States or the State of Illinois; and | 23 |
| (3) his or her claim is not time barred by the | 24 |
| provisions of subsection (g) of this Section. | 25 |
| (d) The complaint shall state facts in sufficient detail to | 26 |
| permit the court to find that the plaintiff is likely to |
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| succeed at trial in proving that the plaintiff is innocent of | 2 |
| the offenses charged in the indictment or information or his or | 3 |
| her acts or omissions charged in the indictment or information | 4 |
| did not constitute a felony or misdemeanor against the State of | 5 |
| Illinois, and the plaintiff did not by his or her own conduct | 6 |
| voluntarily cause or bring about his or her conviction. The | 7 |
| complaint shall be verified by the plaintiff. | 8 |
| (e) In order to obtain a judgment in his or her favor, the | 9 |
| plaintiff must prove by a preponderance of evidence that: | 10 |
| (1) the plaintiff was convicted of one or more felonies | 11 |
| by the State of Illinois and subsequently sentenced to a | 12 |
| term of imprisonment, and has served all or any part of the | 13 |
| sentence; | 14 |
| (2) (A) the judgment of conviction was reversed or | 15 |
| vacated, and the indictment or information dismissed or, if | 16 |
| a new trial was ordered, either the plaintiff was found not | 17 |
| guilty at the new trial or the plaintiff was not retried | 18 |
| and the indictment or information dismissed; or (B) the | 19 |
| statute, or application thereof, on which the indictment or | 20 |
| information was based violated the Constitution of the | 21 |
| United States or the State of Illinois; | 22 |
| (3) the plaintiff is innocent of the offenses charged | 23 |
| in the indictment or information or his or her acts or | 24 |
| omissions charged in the indictment or information did not | 25 |
| constitute a felony or misdemeanor against the State; and | 26 |
| (4) the plaintiff did not by his or her own conduct |
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| voluntarily cause or bring about his or her conviction. | 2 |
| (f) If the court finds that the plaintiff is entitled to a | 3 |
| judgment, it shall enter a declaratory judgment finding that | 4 |
| the plaintiff was innocent of all offenses for which he or she | 5 |
| was incarcerated. | 6 |
| (g) Any person seeking a declaratory judgment under this | 7 |
| Section based on the dismissal of an indictment or information | 8 |
| or acquittal that occurred before the effective date of this | 9 |
| amendatory Act of the 95th General Assembly shall file his or | 10 |
| her complaint within 2 years after the effective date of this | 11 |
| amendatory Act of the 95th General Assembly. Any person seeking | 12 |
| a declaratory judgment under this Section based on the | 13 |
| dismissal of an indictment or information or acquittal that | 14 |
| occurred on or after the effective date of this amendatory Act | 15 |
| of the 95th General Assembly shall file his or her complaint | 16 |
| within 2 years after the dismissal.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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