Full Text of HB0361 96th General Assembly
HB0361eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning courts.
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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 Court of Claims Act is amended by changing | 5 |
| Section 8 as 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 ; deliberation | 8 |
| periods . The court shall have exclusive
jurisdiction to hear | 9 |
| and determine the following matters:
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| (a) All claims against the State founded upon any law of | 11 |
| the State of
Illinois or upon any regulation adopted thereunder | 12 |
| by an executive or
administrative officer or agency; provided, | 13 |
| however, the court shall not have
jurisdiction (i) to hear or | 14 |
| determine claims arising under
the Workers' Compensation Act or | 15 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 16 |
| in civil litigation, or (ii) to review administrative
decisions | 17 |
| for which a statute provides that review shall be in the | 18 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 20 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 22 |
| in prisons
of this State when
the person
imprisoned received
a | 23 |
| pardon from
the governor stating that such pardon is issued on |
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| the ground of
innocence of the crime for which he or she was
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| imprisoned or he or she received a certificate of innocence | 3 |
| from the Circuit Court as provided in Section 2-702 of the Code | 4 |
| of Civil Procedure; provided, the amount of the award is at the | 5 |
| discretion of the court; and provided, the
court shall make no | 6 |
| award in excess of the following amounts: for
imprisonment of 5 | 7 |
| years or less, not more than $85,350; for imprisonment
of 14 | 8 |
| years or less but over 5 years, not more than $170,000; for
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| imprisonment of over 14 years, not more than $199,150; and | 10 |
| provided
further, the court shall fix attorney's fees not to | 11 |
| exceed 25% of the award
granted. On or after the effective date | 12 |
| of this amendatory Act of the 95th General Assembly,
the court | 13 |
| shall
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 the annual | 18 |
| adjustments, if the Consumer Price Index
decreases during a | 19 |
| calendar year, there shall be no adjustment for that
calendar | 20 |
| year. The transmission by the Prisoner Review Board or the | 21 |
| clerk of the circuit court of the information described in | 22 |
| Section 11(b) to the clerk of the Court of Claims is conclusive | 23 |
| evidence of the validity of the claim. The changes made by this | 24 |
| amendatory Act of the 95th General Assembly apply to all
claims | 25 |
| pending on or filed on or after the effective date.
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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 | 2 |
| private person or corporation in a
civil suit, and all like | 3 |
| claims sounding in tort against the Medical Center
Commission, | 4 |
| the Board of Trustees of the University of Illinois, the Board | 5 |
| of
Trustees of Southern Illinois University, the Board of | 6 |
| Trustees of Chicago
State University, the Board of Trustees of | 7 |
| Eastern Illinois University, the
Board of Trustees of Governors | 8 |
| State University, the Board of Trustees of
Illinois State | 9 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 11 |
| University, the Board
of Trustees of Western Illinois | 12 |
| University, or the Board of Trustees of the
Illinois | 13 |
| Mathematics and Science Academy; provided, that an award for | 14 |
| damages
in a case sounding in tort, other than certain cases | 15 |
| involving the operation
of a State vehicle described in this | 16 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 17 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 18 |
| Section does not
apply to an award of damages in any case | 19 |
| sounding in tort arising out of
the operation by a State | 20 |
| employee of a vehicle owned, leased or
controlled by the State. | 21 |
| The defense that the State or the Medical
Center Commission or | 22 |
| the Board of Trustees of the University of Illinois, the
Board | 23 |
| of Trustees of Southern Illinois University, the Board of | 24 |
| Trustees of
Chicago State University, the Board of Trustees of | 25 |
| Eastern Illinois University,
the Board of Trustees of Governors | 26 |
| 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 | 3 |
| University, the Board of
Trustees of Western Illinois | 4 |
| University, or the Board of Trustees of the
Illinois | 5 |
| Mathematics and Science Academy is not liable for the | 6 |
| negligence of
its officers, agents, and employees in the course | 7 |
| of their employment is not
applicable to the hearing and | 8 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 10 |
| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act. A claim under that Act must be heard and determined within | 13 |
| one year after the application for that claim is filed with the | 14 |
| Court as provided in that Act.
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| (g) All claims filed pursuant to the Crime Victims | 16 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 18 |
| Guardsman's Compensation
Act. A claim under that Act must be | 19 |
| heard and determined within one year after the application for | 20 |
| that claim is filed with the Court as provided in that Act.
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| (i) All claims authorized by subsection (a) of Section | 22 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 23 |
| expenses incurred by a party in a
contested case on the | 24 |
| administrative level.
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| (Source: P.A. 95-970, eff. 9-22-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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