92nd General Assembly
Status of HB4415
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FLOWERS-HOWARD-DAVIS,MONIQUE.

   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  examination  of 5 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 must 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.  Effective immediately.                                            
          FISCAL NOTE (Court of Claims)                                        
          The Court currently pays claims for illegal incarceration that       
          have been adjudicated and awarded. To be eligible, the person        
          must have received a gubernatorial pardon. As of 12/31/01, the       
          maximum awards are: for imprisonment of 5 years or less,             
          $62,400 (HB 4415, $85,350), 5 to 14 years, $124,800 (HB 4415,        
          $170,700) and over 14 years, $145,600 (HB 4415, $199,150). The       
          fiscal impact of HB 4415 cannot be accurately determined             
          because the number of awards to be made in the future is             
          unknown. In FY 00, three claims were paid totaling $386,475;         
          FY 01, 2 claims for a total of $240,600; and FY 02, 1 claim of       
          $125,036.                                                            
          STATE MANDATES NOTE                                                  
          (Department of Commerce and Community Affairs)                       
          In the opinion of DCCA, HB 4415 does not meet the definition of      
          a State mandate under the State Mandates Act.                        
   JAN-31-2002  H  FILED WITH CLERK                                               
   FEB-01-2002  H  FIRST READING                                                  
   FEB-01-2002  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   FEB-01-2002  H  ADDED AS A JOINT SPONSOR                 HOWARD                
   FEB-05-2002  H       ASSIGNED TO COMMITTEE               STE GOV ADMIN         
   FEB-15-2002  H  DO PASS/SHORT DEBATE                     005-003-001   HSGA    
   FEB-15-2002  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   FEB-20-2002  H  ADDED AS A JOINT SPONSOR                 DAVIS,MONIQUE         
   FEB-20-2002  H                     FISCAL NOTE REQUESTED BLACK                 
   FEB-20-2002  H  STATE MANDATES FISCAL NOTE REQUESTED     BLACK                 
   FEB-20-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   FEB-21-2002  H                         FISCAL NOTE FILED                       
   FEB-21-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-04-2002  H  STATE MANDATES FISCAL NOTE FILED                               
   MAR-04-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-21-2002  H                             AMENDMENT NO. 01-FLOWERS            
   MAR-21-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-21-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-22-2002  H  SECOND READING-SHORT DEBATE                                    
   MAR-22-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-05-2002  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   JAN-07-2003  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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