HB2881ham001 98TH GENERAL ASSEMBLY

Rep. Monique D. Davis

Filed: 3/19/2013

09800HB2881ham001 LRB098 10016 HEP 43141 a

AMENDMENT TO HOUSE BILL 2881

AMENDMENT NO. ______. Amend House Bill 2881 on page 14, line 26 by changing "702.5" to "2-702.5"; and

on page 15, by replacing lines 7 through 24 with the following:

(735 ILCS 5/2-702.5 new)

Sec. 2-702.5. Automatic issuance of certificate of innocence.

(a) The court shall sua sponte enter a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated if:

(1) on the basis of DNA evidence or other substantive evidence, the person is released from prison after his or her judgment of conviction was reversed or vacated, and the indictment or information was dismissed; or

(2) either (A) a new trial was ordered, at which the person was found not guilty at the new trial on the basis of DNA evidence or other substantive evidence; or (B) the person was not retried and the indictment or information was dismissed on the basis of DNA evidence or other substantive evidence.

(b) The State's Attorney shall be given notice that the court will be entering a certificate of innocence. If the State's Attorney fails to file an objection within 60 days, the certificate of innocence shall be issued by the court. If the State's Attorney files an objection, the court shall hear evidence on whether the certificate of innocence should be granted.

(c) The court may not issue the person a certificate of innocence if the State's Attorney files an objection to the issuance of the certificate of innocence and shows by a preponderance of the evidence that the person is ineligible for a certificate of innocence under this Section.

(d) A person is ineligible for a certificate of innocence under this Section if:

(1) the person is released from prison after his or her judgment of conviction was reversed or vacated and the indictment or information was dismissed on the basis of technical grounds; or

(2) either (A) a new trial was ordered, at which the person was found not guilty at the new trial on the basis of technical grounds; or (B) the person was not retried and the indictment or information was dismissed on the basis of technical grounds.

(e) A certificate of innocence issued under this Section shall be provided to an eligible person upon his or her release from prison, or shall be made available for pickup from the clerk of the circuit court within a reasonable time after the person's release from prison.

(f) Upon entry of the certificate of innocence: (i) the clerk of the court shall transmit a copy of the certificate of innocence to the clerk of the Court of Claims, together with the claimant's current address; and (ii) the court shall enter an order expunging or sealing the record of arrest from the official records of the arresting authority and directing that the records of the clerk of the circuit court and Department of State Police be sealed until further order of the court upon good cause shown or as otherwise provided by law, and that the name of the defendant be obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense, but the order shall not affect any index issued by the circuit court clerk before the entry of the order.

(g) Nothing in this Section may be construed as preventing a person from filing a petition under Section 2-702 of this Code."; and

by deleting page 16.