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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1015 Introduced 1/12/2023, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 705 ILCS 505/8 | from Ch. 37, par. 439.8 |
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Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Court of Claims Act is amended by changing |
5 | | Section 8 as follows:
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6 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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7 | | 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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10 | | (a) All claims against the State founded upon any law |
11 | | of the State of
Illinois or upon any regulation adopted |
12 | | thereunder by an executive or
administrative officer or |
13 | | agency; provided, however, the court shall not have
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14 | | jurisdiction (i) to hear or determine claims arising under
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15 | | the Workers' Compensation Act or the Workers' Occupational |
16 | | Diseases Act, or
claims for expenses in civil litigation, |
17 | | or (ii) to review administrative
decisions for which a |
18 | | statute provides that review shall be in the circuit or
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19 | | appellate court.
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20 | | (b) All claims against the State founded upon any |
21 | | contract entered
into with the State of Illinois.
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22 | | (c) All claims against the State for time unjustly |
23 | | served in prisons
of this State when
the person
imprisoned |
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1 | | received
a pardon from
the Governor stating that such |
2 | | pardon is issued on the ground of
innocence of the crime |
3 | | for which he or she was
imprisoned or he or she received a |
4 | | certificate of innocence from the Circuit Court as |
5 | | provided in Section 2-702 of the Code of Civil Procedure . |
6 | | The court shall award $50,000 per year during which the |
7 | | person was wrongfully imprisoned and shall prorate that |
8 | | amount for a fraction of a year that the person was |
9 | | wrongfully imprisoned. The court shall award attorney's |
10 | | fees in an amount not to exceed 25% of the award granted. |
11 | | In its determination of the award, the court shall include |
12 | | the number of years the person was imprisoned while |
13 | | awaiting trial. The ; provided, the amount of the award is |
14 | | at the discretion of the court; and provided, the
court |
15 | | shall make no award in excess of the following amounts: |
16 | | for
imprisonment of 5 years or less, not more than |
17 | | $85,350; for imprisonment
of 14 years or less but over 5 |
18 | | years, not more than $170,000; for
imprisonment of over 14 |
19 | | years, not more than $199,150; and provided
further, the |
20 | | court shall fix attorney's fees not to exceed 25% of the |
21 | | award
granted. On or after the effective date of this |
22 | | amendatory Act of the 95th General Assembly,
the court |
23 | | shall
annually adjust the maximum awards authorized by |
24 | | this subsection (c) to reflect
the increase, if any, in |
25 | | the Consumer Price Index For All Urban Consumers for
the |
26 | | previous calendar year, as determined by the United States |
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1 | | Department of
Labor, except that no annual increment may |
2 | | exceed 5%. For the annual adjustments, if the Consumer |
3 | | Price Index
decreases during a calendar year, there shall |
4 | | be no adjustment for that
calendar year. The transmission |
5 | | by the Prisoner Review Board or the clerk of the circuit |
6 | | court of the information described in Section 11(b) to the |
7 | | clerk of the Court of Claims is conclusive evidence of the |
8 | | validity of the claim. The changes made by Public Act |
9 | | 95-970 this amendatory Act of the 95th General Assembly |
10 | | apply to all
claims pending on or filed on or after |
11 | | September 22, 2008 ( the effective date of Public Act |
12 | | 95-970). The changes made by this amendatory Act of the |
13 | | 103rd General Assembly apply to all claims pending on or |
14 | | filed on or after the effective date .
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15 | | (d) All claims against the State for damages in cases |
16 | | sounding in tort, if
a like cause of action would lie |
17 | | against a private person or corporation in a
civil suit, |
18 | | and all like claims sounding in tort against the Medical |
19 | | Center
Commission, the Board of Trustees of the University |
20 | | of Illinois, the Board of
Trustees of Southern Illinois |
21 | | University, the Board of Trustees of Chicago
State |
22 | | University, the Board of Trustees of Eastern Illinois |
23 | | University, the
Board of Trustees of Governors State |
24 | | University, the Board of Trustees of
Illinois State |
25 | | University, the Board of Trustees of Northeastern Illinois
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26 | | University, the Board of Trustees of Northern Illinois |
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1 | | University, the Board
of Trustees of Western Illinois |
2 | | University, or the Board of Trustees of the
Illinois |
3 | | Mathematics and Science Academy; provided, that an award |
4 | | for damages
in a case sounding in tort, other than certain |
5 | | cases involving the operation
of a State vehicle described |
6 | | in this paragraph, shall not exceed the sum of $2,000,000
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7 | | to or for the benefit of
any claimant. The $2,000,000 |
8 | | limit prescribed by this Section does not
apply to an |
9 | | award of damages in any case sounding in tort arising out |
10 | | of
the operation by a State employee of a vehicle owned, |
11 | | leased or
controlled by the State. The defense that the |
12 | | State or the Medical
Center Commission or the Board of |
13 | | Trustees of the University of Illinois, the
Board of |
14 | | Trustees of Southern Illinois University, the Board of |
15 | | Trustees of
Chicago State University, the Board of |
16 | | Trustees of Eastern Illinois University,
the Board of |
17 | | Trustees of Governors State University, the Board of |
18 | | Trustees of
Illinois State University, the Board of |
19 | | Trustees of Northeastern Illinois
University, the Board of |
20 | | Trustees of Northern Illinois University, the Board of
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21 | | Trustees of Western Illinois University, or the Board of |
22 | | Trustees of the
Illinois Mathematics and Science Academy |
23 | | is not liable for the negligence of
its officers, agents, |
24 | | and employees in the course of their employment is not
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25 | | applicable to the hearing and determination of such |
26 | | claims. The changes to this Section made by this |
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1 | | amendatory Act of the 100th General Assembly apply only to |
2 | | claims filed on or after July 1, 2015. |
3 | | The court shall
annually adjust the maximum awards |
4 | | authorized by this subsection to reflect
the increase, if |
5 | | any, in the Consumer Price Index For All Urban Consumers |
6 | | for
the previous calendar year, as determined by the |
7 | | United States Department of
Labor. The Comptroller shall |
8 | | make the new amount resulting from each annual adjustment |
9 | | available to the public via the Comptroller's official |
10 | | website by January 31 of every year.
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11 | | (e) All claims for recoupment made by the State of |
12 | | Illinois against
any claimant.
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13 | | (f) All claims pursuant to the Line of Duty |
14 | | Compensation
Act. A claim under that Act must be heard and |
15 | | determined within one year after the application for that |
16 | | claim is filed with the Court as provided in that Act.
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17 | | (g) All claims filed pursuant to the Crime Victims |
18 | | Compensation Act.
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19 | | (h) All claims pursuant to the Illinois National |
20 | | Guardsman's Compensation
Act. A claim under that Act must |
21 | | be heard and determined within one year after the |
22 | | application for that claim is filed with the Court as |
23 | | provided in that Act.
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24 | | (i) All claims authorized by subsection (a) of Section |
25 | | 10-55 of the Illinois
Administrative Procedure Act for the |
26 | | expenses incurred by a party in a
contested case on the |