Full Text of SB3682 101st General Assembly
SB3682 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3682 Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr. 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Court of Claims Act is amended by changing | 5 | | Section 8 as follows:
| 6 | | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
| 7 | | Sec. 8. Court of Claims jurisdiction; deliberation | 8 | | periods. The court shall have exclusive
jurisdiction to hear | 9 | | and determine the following matters:
| 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
| 14 | | jurisdiction (i) to hear or determine claims arising under
| 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
| 19 | | appellate court.
| 20 | | (b) All claims against the State founded upon any | 21 | | contract entered
into with the State of Illinois.
| 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 provided | 5 | | in Section 2-702 of the Code of Civil Procedure . The court | 6 | | shall award $50,000 per year during which the person was | 7 | | wrongfully imprisoned and shall prorate that amount for a | 8 | | fraction of a year that the person was wrongfully | 9 | | imprisoned. The court shall fix attorney's fees not to | 10 | | exceed 25% of the award granted. In its determination of | 11 | | the award, the court shall include the number of years the | 12 | | person was imprisoned while awaiting trial. The ; provided, | 13 | | the amount of the award is at the discretion of the court; | 14 | | and provided, the
court shall make no award in excess of | 15 | | the following amounts: for
imprisonment of 5 years or less, | 16 | | not more than $85,350; for imprisonment
of 14 years or less | 17 | | but over 5 years, not more than $170,000; for
imprisonment | 18 | | of over 14 years, not more than $199,150; and provided
| 19 | | further, the court shall fix attorney's fees not to exceed | 20 | | 25% of the award
granted. On or after the effective date of | 21 | | this amendatory Act of the 95th General Assembly,
the court | 22 | | shall
annually adjust the maximum awards authorized by this | 23 | | subsection (c) to reflect
the increase, if any, in the | 24 | | Consumer Price Index For All Urban Consumers for
the | 25 | | previous calendar year, as determined by the United States | 26 | | Department of
Labor, except that no annual increment may |
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| 1 | | exceed 5%. For the annual adjustments, if the Consumer | 2 | | Price Index
decreases during a calendar year, there shall | 3 | | be no adjustment for that
calendar year. The transmission | 4 | | by the Prisoner Review Board or the clerk of the circuit | 5 | | court of the information described in Section 11(b) to the | 6 | | clerk of the Court of Claims is conclusive evidence of the | 7 | | validity of the claim. The changes made by this amendatory | 8 | | Act of the 95th General Assembly apply to all
claims | 9 | | pending on or filed on or after the effective date.
| 10 | | (d) All claims against the State for damages in cases | 11 | | sounding in tort, if
a like cause of action would lie | 12 | | against a private person or corporation in a
civil suit, | 13 | | and all like claims sounding in tort against the Medical | 14 | | Center
Commission, the Board of Trustees of the University | 15 | | of Illinois, the Board of
Trustees of Southern Illinois | 16 | | University, the Board of Trustees of Chicago
State | 17 | | University, the Board of Trustees of Eastern Illinois | 18 | | University, the
Board of Trustees of Governors State | 19 | | University, the Board of Trustees of
Illinois State | 20 | | University, the Board of Trustees of Northeastern Illinois
| 21 | | University, the Board of Trustees of Northern Illinois | 22 | | University, the Board
of Trustees of Western Illinois | 23 | | University, or the Board of Trustees of the
Illinois | 24 | | Mathematics and Science Academy; provided, that an award | 25 | | for damages
in a case sounding in tort, other than certain | 26 | | cases involving the operation
of a State vehicle described |
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| 1 | | in this paragraph, shall not exceed the sum of $2,000,000
| 2 | | to or for the benefit of
any claimant. The $2,000,000 limit | 3 | | prescribed by this Section does not
apply to an award of | 4 | | damages in any case sounding in tort arising out of
the | 5 | | operation by a State employee of a vehicle owned, leased or
| 6 | | controlled by the State. The defense that the State or the | 7 | | Medical
Center Commission or the Board of Trustees of the | 8 | | University of Illinois, the
Board of Trustees of Southern | 9 | | Illinois University, the Board of Trustees of
Chicago State | 10 | | University, the Board of Trustees of Eastern Illinois | 11 | | University,
the Board of Trustees of Governors State | 12 | | University, the Board of Trustees of
Illinois State | 13 | | University, the Board of Trustees of Northeastern Illinois
| 14 | | University, the Board of Trustees of Northern Illinois | 15 | | University, the Board of
Trustees of Western Illinois | 16 | | University, or the Board of Trustees of the
Illinois | 17 | | Mathematics and Science Academy is not liable for the | 18 | | negligence of
its officers, agents, and employees in the | 19 | | course of their employment is not
applicable to the hearing | 20 | | and determination of such claims. The changes to this | 21 | | Section made by this amendatory Act of the 100th General | 22 | | Assembly apply only to claims filed on or after July 1, | 23 | | 2015. | 24 | | The court shall
annually adjust the maximum awards | 25 | | authorized by this subsection to reflect
the increase, if | 26 | | any, in the Consumer Price Index For All Urban Consumers |
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| 1 | | for
the previous calendar year, as determined by the United | 2 | | States Department of
Labor. The Comptroller shall make the | 3 | | new amount resulting from each annual adjustment available | 4 | | to the public via the Comptroller's official website by | 5 | | January 31 of every year.
| 6 | | (e) All claims for recoupment made by the State of | 7 | | Illinois against
any claimant.
| 8 | | (f) All claims pursuant to the Line of Duty | 9 | | Compensation
Act. A claim under that Act must be heard and | 10 | | determined within one year after the application for that | 11 | | claim is filed with the Court as provided in that Act.
| 12 | | (g) All claims filed pursuant to the Crime Victims | 13 | | Compensation Act.
| 14 | | (h) All claims pursuant to the Illinois National | 15 | | Guardsman's Compensation
Act. A claim under that Act must | 16 | | be heard and determined within one year after the | 17 | | application for that claim is filed with the Court as | 18 | | provided in that Act.
| 19 | | (i) All claims authorized by subsection (a) of Section | 20 | | 10-55 of the Illinois
Administrative Procedure Act for the | 21 | | expenses incurred by a party in a
contested case on the | 22 | | administrative level.
| 23 | | (Source: P.A. 100-1124, eff. 11-27-18 .)
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