Full Text of SB0389 96th General Assembly
SB0389ham002 96TH GENERAL ASSEMBLY | Rep. Constance A. Howard Filed: 11/30/2010
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| 1 | | AMENDMENT TO SENATE BILL 389
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 389, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Human Services (Mental Health | 6 | | and Developmental
Disabilities) Law of the Civil | 7 | | Administrative Code of Illinois is amended by adding Section | 8 | | 1710-125 as follows: | 9 | | (20 ILCS 1710/1710-125 new) | 10 | | Sec. 1710-125. Re-entry services program. The Department | 11 | | of Human Services shall establish a re-entry services program | 12 | | to assist persons wrongfully imprisoned, as defined in Section | 13 | | 3-1-2 of the Unified Code of Corrections, in obtaining mental | 14 | | health services, including services for post-traumatic stress, | 15 | | at an agreed-upon mental health facility at no charge. The | 16 | | Department of Human Services shall promulgate rules, no later |
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| 1 | | than July 1, 2011, establishing the eligibility of wrongfully | 2 | | imprisoned persons for the Department's re-entry services | 3 | | program. | 4 | | Section 10. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-1-2 and 3-14-1 as follows:
| 6 | | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| 7 | | Sec. 3-1-2. Definitions. | 8 | | (a) "Chief Administrative Officer" means the
person | 9 | | designated by the Director to exercise the powers and duties of | 10 | | the
Department of Corrections in regard to committed persons | 11 | | within
a correctional institution or facility, and includes the
| 12 | | superintendent of any juvenile institution or facility.
| 13 | | (a-5) "Sex offense" for the purposes of paragraph (16) of | 14 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection | 15 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 16 | | Section 5-6-3.1 only means: | 17 | | (i) A violation of any of the following Sections of the | 18 | | Criminal Code of
1961: 10-7 (aiding or abetting child | 19 | | abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | 20 | | luring), 11-6 (indecent solicitation of a child), 11-6.5
| 21 | | (indecent solicitation of an adult),
11-15.1 (soliciting | 22 | | for a juvenile
prostitute), 11-17.1 (keeping a place of | 23 | | juvenile prostitution), 11-18.1
(patronizing a juvenile | 24 | | prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
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| 1 | | (exploitation of a child), 11-20.1 (child pornography), | 2 | | 12-14.1
(predatory criminal sexual assault of a child), or | 3 | | 12-33 (ritualized abuse of a
child). An attempt to commit | 4 | | any of
these offenses. | 5 | | (ii) A violation of any of the following Sections of | 6 | | the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | 7 | | 12-14 (aggravated criminal sexual assault), 12-16 | 8 | | (aggravated criminal sexual abuse), and subsection (a) of | 9 | | Section 12-15
(criminal sexual abuse). An attempt to commit
| 10 | | any of these offenses. | 11 | | (iii) A violation of any of the following Sections of | 12 | | the Criminal Code
of 1961 when the defendant is
not a | 13 | | parent of the victim: | 14 | | 10-1 (kidnapping),
| 15 | | 10-2 (aggravated kidnapping), | 16 | | 10-3 (unlawful restraint),
| 17 | | 10-3.1 (aggravated unlawful restraint). | 18 | | An attempt to commit any of these offenses. | 19 | | (iv) A violation of any former law of this State | 20 | | substantially
equivalent to any offense listed in this | 21 | | subsection (a-5). | 22 | | An offense violating federal law or the law of another | 23 | | state
that is substantially equivalent to any offense listed in | 24 | | this
subsection (a-5) shall constitute a sex offense for the | 25 | | purpose of
this subsection (a-5). A finding or adjudication as | 26 | | a sexually dangerous person under
any federal law or law of |
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| 1 | | another state that is substantially equivalent to the
Sexually | 2 | | Dangerous Persons Act shall constitute an adjudication for a | 3 | | sex offense for the
purposes of this subsection (a-5).
| 4 | | (b) "Commitment" means a judicially determined placement
| 5 | | in the custody of the Department of Corrections on the basis of
| 6 | | delinquency or conviction.
| 7 | | (c) "Committed Person" is a person committed to the | 8 | | Department,
however a committed person shall not be considered | 9 | | to be an employee of
the Department of Corrections for any | 10 | | purpose, including eligibility for
a pension, benefits, or any | 11 | | other compensation or rights or privileges which
may be | 12 | | provided to employees of the Department.
| 13 | | (c-5) "Computer scrub software" means any third-party | 14 | | added software, designed to delete information from the | 15 | | computer unit, the hard drive, or other software, which would | 16 | | eliminate and prevent discovery of browser activity, including | 17 | | but not limited to Internet history, address bar or bars, cache | 18 | | or caches, and/or cookies, and which would over-write files in | 19 | | a way so as to make previous computer activity, including but | 20 | | not limited to website access, more difficult to discover. | 21 | | (d) "Correctional Institution or Facility" means any | 22 | | building or
part of a building where committed persons are kept | 23 | | in a secured manner.
| 24 | | (e) In the case of functions performed before the effective | 25 | | date of this amendatory Act of the 94th General Assembly, | 26 | | "Department" means the Department of Corrections of this State. |
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| 1 | | In the case of functions performed on or after the effective | 2 | | date of this amendatory Act of the 94th General Assembly, | 3 | | "Department" has the meaning ascribed to it in subsection | 4 | | (f-5).
| 5 | | (f) In the case of functions performed before the effective | 6 | | date of this amendatory Act of the 94th General Assembly, | 7 | | "Director" means the Director of the Department of Corrections. | 8 | | In the case of functions performed on or after the effective | 9 | | date of this amendatory Act of the 94th General Assembly, | 10 | | "Director" has the meaning ascribed to it in subsection (f-5).
| 11 | | (f-5) In the case of functions performed on or after the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly, references to "Department" or "Director" refer to | 14 | | either the Department of Corrections or the Director of | 15 | | Corrections or to the Department of Juvenile Justice or the | 16 | | Director of Juvenile Justice unless the context is specific to | 17 | | the Department of Juvenile Justice or the Director of Juvenile | 18 | | Justice.
| 19 | | (g) "Discharge" means the final termination of a commitment
| 20 | | to the Department of Corrections.
| 21 | | (h) "Discipline" means the rules and regulations for the
| 22 | | maintenance of order and the protection of persons and property
| 23 | | within the institutions and facilities of the Department and
| 24 | | their enforcement.
| 25 | | (i) "Escape" means the intentional and unauthorized | 26 | | absence
of a committed person from the custody of the |
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| 1 | | Department.
| 2 | | (j) "Furlough" means an authorized leave of absence from | 3 | | the
Department of Corrections for a designated purpose and | 4 | | period of time.
| 5 | | (k) "Parole" means the conditional and revocable release
of | 6 | | a committed person under the supervision of a parole officer.
| 7 | | (l) "Prisoner Review Board" means the Board established in
| 8 | | Section 3-3-1(a), independent of the Department, to review
| 9 | | rules and regulations with respect to good time credits, to
| 10 | | hear charges brought by the Department against certain | 11 | | prisoners
alleged to have violated Department rules with | 12 | | respect to good
time credits, to set release dates for certain | 13 | | prisoners
sentenced under the law in effect prior to the | 14 | | effective
date of this Amendatory Act of 1977, to hear requests | 15 | | and
make recommendations to the Governor with respect to | 16 | | pardon,
reprieve or commutation, to set conditions for parole | 17 | | and
mandatory supervised release and determine whether | 18 | | violations
of those conditions justify revocation of parole or | 19 | | release,
and to assume all other functions previously exercised | 20 | | by the
Illinois Parole and Pardon Board.
| 21 | | (m) Whenever medical treatment, service, counseling, or
| 22 | | care is referred to in this Unified Code of Corrections,
such | 23 | | term may be construed by the Department or Court, within
its | 24 | | discretion, to include treatment, service or counseling by
a | 25 | | Christian Science practitioner or nursing care appropriate
| 26 | | therewith whenever request therefor is made by a person subject
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| 1 | | to the provisions of this Act.
| 2 | | (n) "Victim" shall have the meaning ascribed to it in | 3 | | subsection (a) of
Section 3 of the Bill of Rights for Victims | 4 | | and Witnesses of Violent Crime Act.
| 5 | | (o) "Wrongfully imprisoned person" means a person: | 6 | | (1) who was convicted of one or more felonies by | 7 | | the State of Illinois and subsequently sentenced to a | 8 | | term of imprisonment, and has served all or any part of | 9 | | the sentence; | 10 | | (2)(A) whose judgment of conviction was reversed | 11 | | or vacated, and the indictment or information | 12 | | dismissed or, if a new trial was ordered, either the | 13 | | person was found not guilty at the new trial or the | 14 | | person was not retried and the indictment or | 15 | | information dismissed; or (B) whose indictment or | 16 | | information was based on a statute, or application | 17 | | thereof, which violated the Constitution of the United | 18 | | States or the State of Illinois; | 19 | | (3) who is innocent of the offenses charged in the | 20 | | indictment or information or his or her acts or | 21 | | omissions charged in the indictment or information did | 22 | | not constitute a felony or misdemeanor against the | 23 | | State; and | 24 | | (4) who did not by his or her own conduct | 25 | | voluntarily cause or bring about his or her conviction. | 26 | | (Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; |
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| 1 | | 96-1000, eff. 7-2-10.)
| 2 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| 3 | | Sec. 3-14-1. Release from the Institution.
| 4 | | (a) Upon release of a person on parole, mandatory release, | 5 | | final
discharge or pardon the Department shall return all | 6 | | property held for
him, provide him with suitable clothing and | 7 | | procure necessary
transportation for him to his designated | 8 | | place of residence and
employment. It may provide such person | 9 | | with a grant of money for travel and
expenses which may be paid | 10 | | in installments. The amount of the money grant
shall be | 11 | | determined by the Department.
| 12 | | (a-1) The Department shall, before a wrongfully imprisoned | 13 | | person, as defined in Section 3-1-2 of this Code, is discharged | 14 | | from the Department, provide him or her with any documents | 15 | | necessary after discharge, including an identification card | 16 | | under subsection (e) of this Section. | 17 | | (a-2) The Department of Corrections may establish and | 18 | | maintain, in any institution
it administers, revolving funds to | 19 | | be known as "Travel and Allowances Revolving
Funds". These | 20 | | revolving funds shall be used for advancing travel and expense
| 21 | | allowances to committed, paroled, and discharged prisoners. | 22 | | The moneys
paid into such revolving funds shall be from | 23 | | appropriations to the Department
for Committed, Paroled, and | 24 | | Discharged Prisoners.
| 25 | | (b) (Blank).
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| 1 | | (c) Except as otherwise provided in this Code, the | 2 | | Department shall
establish procedures to provide written | 3 | | notification of any release of any
person who has been | 4 | | convicted of a felony to the State's Attorney
and sheriff of | 5 | | the county from which the offender was committed, and the
| 6 | | State's Attorney and sheriff of the county into which the | 7 | | offender is to be
paroled or released. Except as otherwise | 8 | | provided in this Code, the
Department shall establish | 9 | | procedures to provide written notification to
the proper law | 10 | | enforcement agency for any municipality of any release of any
| 11 | | person who has been convicted of a felony if the arrest of the | 12 | | offender or the
commission of the offense took place in the | 13 | | municipality, if the offender is to
be paroled or released into | 14 | | the municipality, or if the offender resided in the
| 15 | | municipality at the time of the commission of the offense. If a | 16 | | person
convicted of a felony who is in the custody of the | 17 | | Department of Corrections or
on parole or mandatory supervised | 18 | | release informs the Department that he or she
has resided, | 19 | | resides, or will
reside at an address that is a housing | 20 | | facility owned, managed,
operated, or leased by a public | 21 | | housing agency, the Department must send
written notification | 22 | | of that information to the public housing agency that
owns, | 23 | | manages, operates, or leases the housing facility. The written
| 24 | | notification shall, when possible, be given at least 14 days | 25 | | before release of
the person from custody, or as soon | 26 | | thereafter as possible.
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| 1 | | (c-1) (Blank). | 2 | | (c-5) If a person on parole or mandatory supervised release | 3 | | becomes a resident of a facility licensed or regulated by the | 4 | | Department of Public Health, the Illinois Department of Public | 5 | | Aid, or the Illinois Department of Human Services, the | 6 | | Department of Corrections shall provide copies of the following | 7 | | information to the appropriate licensing or regulating | 8 | | Department and the licensed or regulated facility where the | 9 | | person becomes a resident: | 10 | | (1) The mittimus and any pre-sentence investigation | 11 | | reports. | 12 | | (2) The social evaluation prepared pursuant to Section | 13 | | 3-8-2. | 14 | | (3) Any pre-release evaluation conducted pursuant to | 15 | | subsection (j) of Section 3-6-2. | 16 | | (4) Reports of disciplinary infractions and | 17 | | dispositions. | 18 | | (5) Any parole plan, including orders issued by the | 19 | | Prisoner Review Board, and any violation reports and | 20 | | dispositions. | 21 | | (6) The name and contact information for the assigned | 22 | | parole agent and parole supervisor.
| 23 | | This information shall be provided within 3 days of the | 24 | | person becoming a resident of the facility.
| 25 | | (c-10) If a person on parole or mandatory supervised | 26 | | release becomes a resident of a facility licensed or regulated |
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| 1 | | by the Department of Public Health, the Illinois Department of | 2 | | Public Aid, or the Illinois Department of Human Services, the | 3 | | Department of Corrections shall provide written notification | 4 | | of such residence to the following: | 5 | | (1) The Prisoner Review Board. | 6 | | (2) The
chief of police and sheriff in the municipality | 7 | | and county in which the licensed facility is located. | 8 | | The notification shall be provided within 3 days of the | 9 | | person becoming a resident of the facility.
| 10 | | (d) Upon the release of a committed person on parole, | 11 | | mandatory
supervised release, final discharge or pardon, the | 12 | | Department shall provide
such person with information | 13 | | concerning programs and services of the
Illinois Department of | 14 | | Public Health to ascertain whether such person has
been exposed | 15 | | to the human immunodeficiency virus (HIV) or any identified
| 16 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 17 | | (e) Upon the release of a committed person on parole, | 18 | | mandatory supervised
release, final discharge, or pardon, or | 19 | | who has been wrongfully imprisoned, the Department shall | 20 | | provide the person
who has met the criteria established by the | 21 | | Department with an identification
card identifying the
person | 22 | | as being on parole, mandatory supervised release, final | 23 | | discharge, or
pardon, or wrongfully imprisoned, as the case may | 24 | | be. The Department, in consultation with the Office of
the | 25 | | Secretary of State, shall prescribe the form of the | 26 | | identification card,
which may be similar to the form of the |
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| 1 | | standard Illinois Identification Card.
The Department shall | 2 | | inform the committed person that he or she may present the
| 3 | | identification card to the Office of the Secretary of State | 4 | | upon application
for a standard Illinois Identification Card in | 5 | | accordance with the Illinois
Identification Card Act. The | 6 | | Department shall require the committed person to
pay a $1 fee | 7 | | for the identification card.
| 8 | | For purposes of a committed person
receiving an | 9 | | identification card issued by the Department under this
| 10 | | subsection, the Department shall establish criteria that the
| 11 | | committed person must meet before the card is issued.
It is the | 12 | | sole responsibility of the
committed person requesting the | 13 | | identification card issued by the Department to
meet the | 14 | | established criteria.
The person's failure to
meet the criteria | 15 | | is sufficient reason to deny the committed person the
| 16 | | identification card. An identification card issued by the | 17 | | Department under
this subsection shall be valid for a period of | 18 | | time not to exceed 30 calendar
days from the date the card is | 19 | | issued.
The Department shall not be held civilly or
criminally | 20 | | liable to anyone because of any act of any person utilizing a | 21 | | card
issued by the Department under this subsection.
| 22 | | The Department shall adopt
rules governing the issuance of | 23 | | identification cards to committed persons being
released on | 24 | | parole, mandatory supervised release, final
discharge, or | 25 | | pardon.
| 26 | | (Source: P.A. 94-163, eff. 7-11-05.)
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| 1 | | Section 15. The Code of Civil Procedure is amended by | 2 | | changing Section 2-702 as follows: | 3 | | (735 ILCS 5/2-702)
| 4 | | Sec. 2-702. Petition for a certificate of innocence that | 5 | | the petitioner was innocent of all offenses for which he or she | 6 | | was incarcerated. | 7 | | (a) The General Assembly finds and declares that innocent | 8 | | persons who have been wrongly convicted of crimes in Illinois | 9 | | and subsequently imprisoned have been frustrated in seeking | 10 | | legal redress due to a variety of substantive and technical | 11 | | obstacles in the law and that such persons should have an | 12 | | available avenue to obtain a finding of innocence so that they | 13 | | may obtain relief through a petition in the Court of Claims. | 14 | | The General Assembly further finds misleading the current legal | 15 | | nomenclature which compels an innocent person to seek a pardon | 16 | | for being wrongfully incarcerated. It is the intent of the | 17 | | General Assembly that the court, in exercising its discretion | 18 | | as permitted by law regarding the weight and admissibility of | 19 | | evidence submitted pursuant to this Section, shall, in the | 20 | | interest of justice, give due consideration to difficulties of | 21 | | proof caused by the passage of time, the death or | 22 | | unavailability of witnesses, the destruction of evidence or | 23 | | other factors not caused by such persons or those acting on | 24 | | their behalf. |
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| 1 | | (b) Any person convicted and subsequently imprisoned for | 2 | | one or more felonies by the State of Illinois which he or she | 3 | | did not commit may, under the conditions hereinafter provided, | 4 | | file a petition for certificate of innocence in the circuit | 5 | | court of the county in which the person was convicted. The | 6 | | petition shall request a certificate of innocence finding that | 7 | | the petitioner was innocent of all offenses for which he or she | 8 | | was incarcerated. | 9 | | (c) In order to present the claim for certificate of | 10 | | innocence of an unjust conviction and imprisonment, the | 11 | | petitioner must attach to his or her petition documentation | 12 | | demonstrating that: | 13 | | (1) he or she has been convicted of one or more | 14 | | felonies by the State of Illinois and subsequently | 15 | | sentenced to a term of imprisonment, and has served all or | 16 | | any part of the sentence; and | 17 | | (2) his or her judgment of conviction was reversed or | 18 | | vacated, and the indictment or information dismissed or, if | 19 | | a new trial was ordered, either he or she was found not | 20 | | guilty at the new trial or he or she was not retried and | 21 | | the indictment or information dismissed; or the statute, or | 22 | | application thereof, on which the indictment or | 23 | | information was based violated the Constitution of the | 24 | | United States or the State of Illinois; and | 25 | | (3) his or her claim is not time barred by the | 26 | | provisions of subsection (i) of this Section. |
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| 1 | | (d) The petition shall state facts in sufficient detail to | 2 | | permit the court to find that the petitioner is likely to | 3 | | succeed at trial in proving that the petitioner is innocent of | 4 | | the offenses charged in the indictment or information or his or | 5 | | her acts or omissions charged in the indictment or information | 6 | | did not constitute a felony or misdemeanor against the State of | 7 | | Illinois, and the petitioner did not by his or her own conduct | 8 | | voluntarily cause or bring about his or her conviction. The | 9 | | petition shall be verified by the petitioner. | 10 | | (e) A copy of the petition shall be served on the Attorney | 11 | | General and the State's Attorney of the county where the | 12 | | conviction was had. The Attorney General and the State's | 13 | | Attorney of the county where the conviction was had shall have | 14 | | the right to intervene as parties. | 15 | | (f) In any hearing seeking a certificate of innocence, the | 16 | | court may take judicial notice of prior sworn testimony or | 17 | | evidence admitted in the criminal proceedings related to the | 18 | | convictions which resulted in the alleged wrongful | 19 | | incarceration, if the petitioner was either represented by | 20 | | counsel at such prior proceedings or the right to counsel was | 21 | | knowingly waived. | 22 | | (g) In order to obtain a certificate of innocence the | 23 | | petitioner must prove by a preponderance of evidence that: | 24 | | (1) the petitioner was convicted of one or more | 25 | | felonies by the State of Illinois and subsequently | 26 | | sentenced to a term of imprisonment, and has served all or |
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| 1 | | any part of the sentence; | 2 | | (2)(A) the judgment of conviction was reversed or | 3 | | vacated, and the indictment or information dismissed or, if | 4 | | a new trial was ordered, either the petitioner was found | 5 | | not guilty at the new trial or the petitioner was not | 6 | | retried and the indictment or information dismissed; or (B) | 7 | | the statute, or application thereof, on which the | 8 | | indictment or information was based violated the | 9 | | Constitution of the United States or the State of Illinois; | 10 | | (3) the petitioner is innocent of the offenses charged | 11 | | in the indictment or information or his or her acts or | 12 | | omissions charged in the indictment or information did not | 13 | | constitute a felony or misdemeanor against the State; and | 14 | | (4) the petitioner did not by his or her own conduct
| 15 | | voluntarily cause or bring about his or her conviction. | 16 | | (h) If the court finds that the petitioner is entitled to a
| 17 | | judgment, it shall enter a certificate of innocence finding | 18 | | that
the petitioner was innocent of all offenses for which he | 19 | | or she was incarcerated. Upon entry of the certificate of | 20 | | innocence or pardon from the Governor stating that such pardon | 21 | | was issued on the ground of innocence of the crime for which he | 22 | | or she was imprisoned , (1) the clerk of the court shall | 23 | | transmit a copy of the certificate of innocence to the clerk of | 24 | | the Court of Claims, together with the claimant's current | 25 | | address ; and (2) the court shall enter an order expunging or | 26 | | sealing the record of arrest from the
official records of the
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| 1 | | arresting authority and order that the records of the clerk of | 2 | | the circuit
court and Department of
State Police be sealed | 3 | | until further order of the court upon good cause shown
or as | 4 | | otherwise provided
herein, and the name of the defendant | 5 | | obliterated from the official index
requested to be kept by the
| 6 | | circuit court clerk under Section 16 of the Clerks of Courts | 7 | | Act in connection
with the arrest and
conviction for the | 8 | | offense but the order shall not affect any index issued by
the | 9 | | circuit court clerk before the entry of the order . | 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.
| 25 | | (Source: P.A. 95-970, eff. 9-22-08.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2011.".
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