Rep. Monique D. Davis

Filed: 3/22/2013

 

 


 

 


 
09800HB2881ham002LRB098 10016 HEP 43766 a

1
AMENDMENT TO HOUSE BILL 2881

2    AMENDMENT NO. ______. Amend House Bill 2881 on page 14,
3line 26 by changing "702.5" to "2-702.5"; and
 
4on page 15, by replacing lines 7 through 24 with the following:
 
5    (735 ILCS 5/2-702.5 new)
6    Sec. 2-702.5. Automatic issuance of certificate of
7innocence.
8    (a) The court shall sua sponte enter a certificate of
9innocence finding that the petitioner was innocent of all
10offenses for which he or she was incarcerated if:
11        (1) on the basis of DNA evidence or other substantive
12    evidence, the person is released from prison after his or
13    her judgment of conviction was reversed or vacated, and the
14    indictment or information was dismissed; or
15        (2) either (A) a new trial was ordered, at which the
16    person was found not guilty at the new trial on the basis

 

 

09800HB2881ham002- 2 -LRB098 10016 HEP 43766 a

1    of DNA evidence or other substantive evidence; or (B) the
2    person was not retried and the indictment or information
3    was dismissed on the basis of DNA evidence or other
4    substantive evidence.
5    (b) The State's Attorney shall be given notice that the
6court will be entering a certificate of innocence. If the
7State's Attorney fails to file an objection within 60 days, the
8certificate of innocence shall be issued by the court. If the
9State's Attorney files an objection, the court shall hear
10evidence on whether the certificate of innocence should be
11granted.
12    (c) The court may not issue the person a certificate of
13innocence if the State's Attorney files an objection to the
14issuance of the certificate of innocence and shows by a
15preponderance of the evidence that the person is ineligible for
16a certificate of innocence under this Section.
17    (d) A person is ineligible for a certificate of innocence
18under this Section if:
19        (1) the person is released from prison after his or her
20    judgment of conviction was reversed or vacated and the
21    indictment or information was dismissed on the basis of
22    technical grounds; or
23        (2) either (A) a new trial was ordered, at which the
24    person was found not guilty at the new trial on the basis
25    of technical grounds; or (B) the person was not retried and
26    the indictment or information was dismissed on the basis of

 

 

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1    technical grounds.
2    (e) A certificate of innocence issued under this Section
3shall be provided to an eligible person upon his or her release
4from prison, or shall be made available for pickup from the
5clerk of the circuit court within a reasonable time after the
6person's release from prison.
7    (f) Upon entry of the certificate of innocence: (i) the
8clerk of the court shall transmit a copy of the certificate of
9innocence to the clerk of the Court of Claims, together with
10the claimant's current address; and (ii) the court shall enter
11an order expunging or sealing the record of arrest from the
12official records of the arresting authority and directing that
13the records of the clerk of the circuit court and Department of
14State Police be sealed until further order of the court upon
15good cause shown or as otherwise provided by law, and that the
16name of the defendant be obliterated from the official index
17requested to be kept by the circuit court clerk under Section
1816 of the Clerks of Courts Act in connection with the arrest
19and conviction for the offense, but the order shall not affect
20any index issued by the circuit court clerk before the entry of
21the order.
22    (g) Nothing in this Section may be construed as preventing
23a person from filing a petition under Section 2-702 of this
24Code."; and
 
25by deleting page 16.