Bill Status of HB1016  103rd General Assembly


Short Description:  PRETRIAL DETENTION-INNOCENCE

House Sponsors
Rep. Mary E. Flowers - Justin Slaughter - John M. Cabello - Carol Ammons - Kelly M. Cassidy

Senate Sponsors
(Sen. Elgie R. Sims, Jr.)

Last Action
DateChamber Action
  4/28/2023SenateRule 3-9(a) / Re-referred to Assignments

Statutes Amended In Order of Appearance
705 ILCS 505/8from Ch. 37, par. 439.8
705 ILCS 505/11from Ch. 37, par. 439.11
735 ILCS 5/2-702


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated for 30 days or longer prior to trial for one or more felonies by the State which he or she did not commit may file a petition for a certificate of innocence. Provides that the petitioner must prove that: the petitioner was incarcerated prior to trial in a prosecution that resulted in an acquittal or dismissal; the prosecution did not result in a conviction of a lesser included offense; the petitioner is innocent of the charges on which the petitioner's pretrial detention was based, or the charges did not constitute a felony or misdemeanor; and the petitioner did not by his or her own conduct voluntarily cause or bring about the charges that resulted in his or her pretrial incarceration. Amends the Court of Claims Act. Provides that a person who has been issued a certificate of innocence may file a claim against the State for time unjustly served in pretrial incarceration in a county jail. Provides that the Court of Claims 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 (rather than "the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150"). Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination and an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately.

House Committee Amendment No. 2
Replaces everything after the enacting clause. Amends the Court of Claims Act. Provides that the court shall have exclusive jurisdiction to hear and determine all claims against the State for time unjustly served in a county jail, on parole, on intensive supervision probation, or on the sex offender registry, when the unjustly convicted person received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was convicted or he or she received a certificate of innocence from the Circuit Court. Removes language providing that: the amount of an award for unjustly served prison sentences is at the discretion of the court; the court shall make no award in excess of specified amounts for specified terms of imprisonment; and the court shall fix attorney's fees not to exceed 25% of the award granted. Requires the court to make an award of $50,000 per year, and prorated for any partial year, during which the person was wrongfully incarcerated in a State correctional institution or in a county jail, including the time the person was incarcerated awaiting trial, and $25,000 for each year, and prorated for any partial year, during which the person was wrongfully on parole, wrongfully on intensive supervision probation, or was wrongfully required to register as a sex offender, as well as an award of reasonable attorney's fees, costs, and expenses in the amount determined by the Circuit Court after awarding a certificate of innocence. Makes other and conforming changes. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and subsequently serves any part of a sentence of incarceration in a State correctional institution or in a county jail, of parole, of intensive supervision probation, or of registration as a sex offender for one or more felonies which he or she did not commit to file a petition for certificate of innocence. Requires the petition to state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which he or she was convicted or adjudicated a delinquent, and the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction or juvenile delinquency adjudication. Provides that neither a guilty plea nor a confession constitutes conduct causing or bringing about one's conviction or delinquency adjudication. Requires, if the court finds that the petitioner is entitled to a judgment, the court to make a determination of the reasonable attorney's fees, costs, and expenses incurred in connection with obtaining the certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal on such petition that occurred before the effective date of the amendatory Act, including a petitioner whose petition was denied solely on the basis that this Section did not formerly apply to juvenile delinquency adjudications, shall file his or her petition within 4 years after the effective date of the amendatory Act. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal on such petition that occurred on or after the effective date of the amendatory Act shall file his or her petition within 2 years after the dismissal or acquittal. Makes other and conforming changes. Effective immediately.

Actions 
DateChamber Action
  12/19/2022HousePrefiled with Clerk by Rep. Mary E. Flowers
  1/12/2023HouseFirst Reading
  1/12/2023HouseReferred to Rules Committee
  2/21/2023HouseAssigned to Judiciary - Criminal Committee
  2/27/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  2/27/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/6/2023HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  3/6/2023HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/7/2023HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/7/2023HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/7/2023HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 015-000-000
  3/7/2023HouseHouse Committee Amendment No. 1 Tabled
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseSecond Reading - Short Debate
  3/14/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/15/2023HouseAdded Chief Co-Sponsor Rep. Justin Slaughter
  3/15/2023HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  3/15/2023HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  3/15/2023HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  3/15/2023HouseThird Reading - Short Debate - Passed 112-000-000
  3/21/2023SenateArrive in Senate
  3/21/2023SenatePlaced on Calendar Order of First Reading
  3/21/2023SenateChief Senate Sponsor Sen. Elgie R. Sims, Jr.
  3/21/2023SenateFirst Reading
  3/21/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Appropriations
  4/28/2023SenateRule 3-9(a) / Re-referred to Assignments