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| [ House Amendment 002 ] |
90_HB2498
20 ILCS 415/8b.7-5 new
705 ILCS 505/8 from Ch. 37, par. 439.8
705 ILCS 505/11 from Ch. 37, par. 439.11
705 ILCS 505/22 from Ch. 37, par. 439.22
705 ILCS 505/24 from Ch. 37, par. 439.24
Amends the Personnel Code. Establishes a preference in
an entrance examinations of 10 points for a qualified person
who has been wrongfully accused of a crime for which the
person was imprisoned in a State prison and a court of
competent jurisdiction finds that the evidence that resulted
in his or her conviction was erroneous or that new evidence
indicates that the person did not commit the crime. Amends
the Court of Claims Act. Provides that claims against the
State for time unjustly served in State prisons shall be
automatically heard and payment made within 120 days after
the person who unjustly served time is discharged from
prison. Provides that the claim may be made if a court finds
that the evidence that resulted in the person's conviction
was erroneous or that new evidence indicates that the person
did not commit the crime for which he or she was convicted
(now only the issuance of a pardon by the Governor on the
grounds of innocence may be the basis of a claim). Increases
the maximum statutory awards to a person released from prison
because of these factors.
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1 AN ACT in relation to persons wrongfully imprisoned,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Personnel Code is amended by adding
6 Section 8b.7-5 as follows:
7 (20 ILCS 415/8b.7-5 new)
8 Sec. 8b.7-5. Unjustly imprisoned preference.
9 (a) For the granting of appropriate preference in
10 entrance examinations to a qualified person who has been
11 discharged from a prison of this State and who has been
12 wrongfully accused of a crime for which he or she was
13 imprisoned and a court of competent jurisdiction finds that
14 the evidence that resulted in his or her conviction was
15 erroneous or that new evidence indicates that the person did
16 not commit the crime for which he or she was imprisoned.
17 (b) The preference granted under this Section shall be
18 in the form of points added to the final grade of the person
19 if the person otherwise qualifies and is entitled to appear
20 on the list of those eligible for appointments.
21 (c) A person qualified for a preference under this
22 Section shall receive a preference of 10 points.
23 (d) The Department of Central Management Services shall
24 adopt rules and implement procedures to verify that any
25 person seeking a preference under this Section shall provide
26 documentation or execute any consents or other documents
27 required by the Department of Central Management Services or
28 any other State department or agency to enable the Department
29 or agency to verify that the person is entitled to the
30 preference.
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1 Section 10. The Court of Claims Act is amended by
2 changing Sections 8, 11, 22, and 24 as follows:
3 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
4 Sec. 8. Court of Claims jurisdiction. The court shall
5 have exclusive jurisdiction to hear and determine the
6 following matters:
7 (a) All claims against the State founded upon any law of
8 the State of Illinois or upon any regulation adopted
9 thereunder by an executive or administrative officer or
10 agency; provided, however, the court shall not have
11 jurisdiction (i) to hear or determine claims arising under
12 the Workers' Compensation Act or the Workers' Occupational
13 Diseases Act, or claims for expenses in civil litigation, or
14 (ii) to review administrative decisions for which a statute
15 provides that review shall be in the circuit or appellate
16 court.
17 (b) All claims against the State founded upon any
18 contract entered into with the State of Illinois.
19 (c) All claims against the State for time unjustly
20 served in prisons of this State when where the person persons
21 imprisoned was wrongfully accused of the crime for which he
22 or she was imprisoned and a court of competent jurisdiction
23 finds that the evidence that resulted in his or her
24 conviction was erroneous or that new evidence indicates that
25 the person did not commit the crime for which he or she was
26 imprisoned shall receive a pardon from the governor stating
27 that such pardon is issued on the ground of innocence of the
28 crime for which they were imprisoned; provided, the court
29 shall make no award in excess of the following amounts: for
30 imprisonment of 5 years or less, not more than $85,350
31 $15,000; for imprisonment of 14 years or less but over 5
32 years, not more than $170,700 $30,000; for imprisonment of
33 over 14 years, not more than $199,150 $35,000; and provided
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1 further, the court shall fix attorney's fees not to exceed
2 25% of the award granted. On or after the effective date of
3 this amendatory Act of 1998, On December 31, 1996, the court
4 shall make a one-time adjustment in the maximum awards
5 authorized by this subsection (c), to reflect the increase in
6 the cost of living from the year in which these maximum
7 awards were last adjusted until 1996, but with no annual
8 increment exceeding 5%. Thereafter, the court shall annually
9 adjust the maximum awards authorized by this subsection (c)
10 to reflect the increase, if any, in the Consumer Price Index
11 For All Urban Consumers for the previous calendar year, as
12 determined by the United States Department of Labor, except
13 that no annual increment may exceed 5%. For both the
14 one-time adjustment and the subsequent annual adjustments, if
15 the Consumer Price Index decreases during a calendar year,
16 there shall be no adjustment for that calendar year. The
17 changes made by this amendatory Act of 1998 apply to all
18 claims filed on or after its effective date that are pending
19 on its effective date and all claims filed on or after its
20 effective date. The changes made by Public Act 89-689 apply
21 to all claims filed on or after January 1, 1995 that are
22 pending on December 31, 1996 and all claims filed on or after
23 December 31, 1996.
24 (d) All claims against the State for damages in cases
25 sounding in tort, if a like cause of action would lie against
26 a private person or corporation in a civil suit, and all like
27 claims sounding in tort against the Medical Center
28 Commission, the Board of Trustees of the University of
29 Illinois, the Board of Trustees of Southern Illinois
30 University, the Board of Trustees of Chicago State
31 University, the Board of Trustees of Eastern Illinois
32 University, the Board of Trustees of Governors State
33 University, the Board of Trustees of Illinois State
34 University, the Board of Trustees of Northeastern Illinois
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1 University, the Board of Trustees of Northern Illinois
2 University, the Board of Trustees of Western Illinois
3 University, or the Board of Trustees of the Illinois
4 Mathematics and Science Academy; provided, that an award for
5 damages in a case sounding in tort, other than certain cases
6 involving the operation of a State vehicle described in this
7 paragraph, shall not exceed the sum of $100,000 to or for the
8 benefit of any claimant. The $100,000 limit prescribed by
9 this Section does not apply to an award of damages in any
10 case sounding in tort arising out of the operation by a State
11 employee of a vehicle owned, leased or controlled by the
12 State. The defense that the State or the Medical Center
13 Commission or the Board of Trustees of the University of
14 Illinois, the Board of Trustees of Southern Illinois
15 University, the Board of Trustees of Chicago State
16 University, the Board of Trustees of Eastern Illinois
17 University, the Board of Trustees of Governors State
18 University, the Board of Trustees of Illinois State
19 University, the Board of Trustees of Northeastern Illinois
20 University, the Board of Trustees of Northern Illinois
21 University, the Board of Trustees of Western Illinois
22 University, or the Board of Trustees of the Illinois
23 Mathematics and Science Academy is not liable for the
24 negligence of its officers, agents, and employees in the
25 course of their employment is not applicable to the hearing
26 and determination of such claims.
27 (e) All claims for recoupment made by the State of
28 Illinois against any claimant.
29 (f) All claims pursuant to the Law Enforcement Officers,
30 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
31 Firemen, Chaplains, and State Employees Compensation Act.
32 (g) All claims filed pursuant to the Crime Victims
33 Compensation Act.
34 (h) All claims pursuant to the Illinois National
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1 Guardsman's Compensation Act.
2 (i) All claims authorized by subsection (a) of Section
3 10-55 of the Illinois Administrative Procedure Act for the
4 expenses incurred by a party in a contested case on the
5 administrative level.
6 (Source: P.A. 89-4, eff. 1-1-96; 89-689, eff. 12-31-96;
7 90-492, eff. 8-17-97.)
8 (705 ILCS 505/11) (from Ch. 37, par. 439.11)
9 Sec. 11. Filing claims.
10 (a) Except as otherwise provided in subsection (b) of
11 this Section and subsection (b) of Section 24, the claimant
12 shall in all cases set forth fully in his petition the claim,
13 the action thereon, if any, on behalf of the State, what
14 persons are owners thereof or interested therein, when and
15 upon what consideration such persons became so interested;
16 that no assignment or transfer of the claim or any part
17 thereof or interest therein has been made, except as stated
18 in the petition; that the claimant is justly entitled to the
19 amount therein claimed from the State of Illinois, after
20 allowing all just credits; and that claimant believes the
21 facts stated in the petition to be true. The petition shall
22 be verified, as to statements of facts, by the affidavit of
23 the claimant, his agent, or attorney.
24 (b) Whenever a person who has served a term of
25 imprisonment and has been discharged from prison because a
26 court of competent jurisdiction has found that the evidence
27 that resulted in the person's conviction was erroneous or
28 that new evidence indicates that the person did not commit
29 the crime for which he or she was convicted, the clerk of the
30 court of competent jurisdiction shall transmit this
31 information to the clerk of the Court of Claims. The clerk
32 of the Court of Claims shall immediately docket the case for
33 consideration by the Court of Claims. The Court of Claims
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1 shall hear the case and render a decision within 90 days
2 after its docketing. The transmission by the clerk of the
3 court of competent jurisdiction of the information described
4 in this subsection (b) to the clerk of the Court of Claims
5 shall be conclusive evidence of the validity of the claim.
6 (Source: Laws 1945, p. 660.)
7 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
8 Sec. 22. Every claim cognizable by the Court and not
9 otherwise sooner barred by law shall be forever barred from
10 prosecution therein unless it is filed with the Clerk of the
11 Court within the time set forth as follows:
12 (a) All claims arising out of a contract must be filed
13 within 5 years after it first accrues, saving to minors, and
14 persons under legal disability at the time the claim accrues,
15 in which cases the claim must be filed within 5 years from
16 the time the disability ceases.
17 (b) All claims cognizable against the State by vendors
18 of goods or services under "The Illinois Public Aid Code",
19 approved April 11, 1967, as amended, must file within one
20 year after the accrual of the cause of action, as provided in
21 Section 11-13 of that Code.
22 (c) All claims arising under paragraph (c) of Section 8
23 of this Act shall must be automatically heard by the court
24 and payment made filed within 120 days 2 years after the
25 person unjustly imprisoned asserting such claim is discharged
26 from prison without the person unjustly imprisoned being
27 required to file a petition under Section 11 of this Act , or
28 is granted a pardon by the Governor, whichever occurs later,
29 except as otherwise provided by the Crime Victims
30 Compensation Act.
31 (d) All claims arising under paragraph (f) of Section 8
32 of this Act must be filed within one year of the date of the
33 death of the law enforcement officer or fireman as provided
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1 in Section 3 of the "Law Enforcement Officers and Firemen
2 Compensation Act", approved September 30, 1969, as amended.
3 (e) All claims arising under paragraph (h) of Section 8
4 of this Act must be filed within one year of the date of the
5 death of the guardsman or militiaman as provided in Section 3
6 of the "Illinois National Guardsman's and Naval Militiaman's
7 Compensation Act", approved August 12, 1971, as amended.
8 (f) All claims arising under paragraph (g) of Section 8
9 of this Act must be filed within one year of the crime on
10 which a claim is based as provided in Section 6.1 of the
11 "Crime Victims Compensation Act", approved August 23, 1973,
12 as amended.
13 (g) All claims arising from the Comptroller's refusal to
14 issue a replacement warrant pursuant to Section 10.10 of the
15 State Comptroller Act must be filed within 5 years after the
16 issue date of such warrant.
17 (h) All other claims must be filed within 2 years after
18 it first accrues, saving to minors, and persons under legal
19 disability at the time the claim accrues, in which case the
20 claim must be filed within 2 years from the time the
21 disability ceases.
22 (i) The changes made by this amendatory Act of 1989
23 shall apply to all warrants issued within the 5 year period
24 preceding the effective date of this amendatory Act of 1989.
25 (j) All time limitations established under this Act and
26 the rules promulgated under this Act shall be binding and
27 jurisdictional, except upon extension authorized by law or
28 rule and granted pursuant to a motion timely filed.
29 (Source: P.A. 86-458.)
30 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
31 Sec. 24. Payment of claims.
32 (a) From funds appropriated by the General Assembly for
33 the purposes of this Section the Court may direct immediate
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1 payment of:
2 (1) (a) All claims arising solely as a result of
3 the lapsing of an appropriation out of which the
4 obligation could have been paid.
5 (2) (b) All claims pursuant to the "Law Enforcement
6 Officers and Firemen Compensation Act", approved
7 September 30, 1969, as amended.
8 (3) (c) All claims pursuant to the "Illinois
9 National Guardsman's and Naval Militiaman's Compensation
10 Act", approved August 12, 1971, as amended.
11 (4) (d) All claims pursuant to the "Crime Victims
12 Compensation Act", approved August 23, 1973, as amended.
13 (5) (e) All other claims wherein the amount of the
14 award of the Court is less than $5,000.
15 (b) From funds appropriated by the General Assembly for
16 the purposes of paying claims under paragraph (c) of Section
17 8, the court shall direct payment of each claim within 120
18 days after discharge from prison of the person who has
19 unjustly served time in a prison of this State.
20 (Source: P.A. 90-492, eff. 8-17-97.)