HB1015sam001 103RD GENERAL ASSEMBLY

Sen. Elgie R. Sims, Jr.

Filed: 11/13/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1015

2    AMENDMENT NO. ______. Amend House Bill 1015 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Court of Claims Act is amended by changing
5Sections 8 and 11 as follows:
 
6    (705 ILCS 505/8)  (from Ch. 37, par. 439.8)
7    Sec. 8. Court of Claims jurisdiction; deliberation
8periods. The court shall have exclusive jurisdiction to hear
9and 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,

 

 

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1    or (ii) to review administrative decisions for which a
2    statute provides that review shall be in the circuit or
3    appellate court.
4        (b) All claims against the State founded upon any
5    contract entered into with the State of Illinois.
6        (c) All claims against the State for time unjustly
7    served in prisons of this State, in county jails, in
8    county juvenile detention facilities, or Illinois Youth
9    Centers, on parole or probation, or registered as a sex
10    offender when the person unjustly convicted or adjudicated
11    a delinquent imprisoned received a pardon from the
12    Governor stating that such pardon is issued on the ground
13    of innocence of the crime for which he or she was convicted
14    or adjudicated a delinquent imprisoned or he or she
15    received a certificate of innocence from the Circuit Court
16    as provided in Section 2-702 of the Code of Civil
17    Procedure. For such claims, the court shall make an award
18    of $50,000 per year, and prorated for any partial year,
19    during which the person was wrongfully incarcerated in a
20    State prison, in a county jail, in a county juvenile
21    detention facility, or in a Illinois Youth Center,
22    including the time the person was incarcerated awaiting
23    trial, and $25,000 for each year, and prorated for any
24    partial year, during which the person was wrongfully on
25    parole or probation or required to register as a sex
26    offender. The court shall make an additional award of

 

 

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1    reasonable attorney's fees, costs, and expenses in an
2    amount determined by the circuit court after awarding a
3    certificate of innocence under Section 2-702 of the Code
4    of Civil Procedure. The ; provided, the amount of the
5    award is at the discretion of the court; and provided, the
6    court shall make no award in excess of the following
7    amounts: for imprisonment of 5 years or less, not more
8    than $85,350; for imprisonment of 14 years or less but
9    over 5 years, not more than $170,000; for imprisonment of
10    over 14 years, not more than $199,150; and provided
11    further, the court shall fix attorney's fees not to exceed
12    25% of the award granted. On or after the effective date of
13    this amendatory Act of the 95th General Assembly, the
14    court shall annually adjust the maximum awards required
15    authorized by this subsection (c) to reflect the increase,
16    if any, in the Consumer Price Index For All Urban
17    Consumers for the previous calendar year, as determined by
18    the United States Department of Labor, except that no
19    annual increment may exceed 5%. For the annual
20    adjustments, if the Consumer Price Index decreases during
21    a calendar year, there shall be no adjustment for that
22    calendar year. The transmission by the Prisoner Review
23    Board or the clerk of the circuit court of the information
24    described in Section 11(b) to the clerk of the Court of
25    Claims is conclusive evidence of the validity of the
26    claim. The changes made by Public Act 95-970 this

 

 

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1    amendatory Act of the 95th General Assembly apply to all
2    claims pending on or filed on or after September 22, 2008
3    (the effective date of Public Act 95-970). The changes
4    made by this amendatory Act of the 103rd General Assembly
5    apply to all claims pending or filed on or after the
6    effective date of this amendatory Act of the 103rd General
7    Assembly.
8        (d) All claims against the State for damages in cases
9    sounding in tort, if a like cause of action would lie
10    against a private person or corporation in a civil suit,
11    and all like claims sounding in tort against the Medical
12    Center Commission, the Board of Trustees of the University
13    of Illinois, the Board of Trustees of Southern Illinois
14    University, the Board of Trustees of Chicago State
15    University, the Board of Trustees of Eastern Illinois
16    University, the Board of Trustees of Governors State
17    University, the Board of Trustees of Illinois State
18    University, the Board of Trustees of Northeastern Illinois
19    University, the Board of Trustees of Northern Illinois
20    University, the Board of Trustees of Western Illinois
21    University, or the Board of Trustees of the Illinois
22    Mathematics and Science Academy; provided, that an award
23    for damages in a case sounding in tort, other than certain
24    cases involving the operation of a State vehicle described
25    in this paragraph, shall not exceed the sum of $2,000,000
26    to or for the benefit of any claimant. The $2,000,000

 

 

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1    limit prescribed by this Section does not apply to an
2    award of damages in any case sounding in tort arising out
3    of the operation by a State employee of a vehicle owned,
4    leased or controlled by the State. The defense that the
5    State or the Medical Center Commission or the Board of
6    Trustees of the University of Illinois, the Board of
7    Trustees of Southern Illinois University, the Board of
8    Trustees of Chicago State University, the Board of
9    Trustees of Eastern Illinois University, the Board of
10    Trustees of Governors State University, the Board of
11    Trustees of Illinois State University, the Board of
12    Trustees of Northeastern Illinois University, the Board of
13    Trustees of Northern Illinois University, the Board of
14    Trustees of Western Illinois University, or the Board of
15    Trustees of the Illinois Mathematics and Science Academy
16    is not liable for the negligence of its officers, agents,
17    and employees in the course of their employment is not
18    applicable to the hearing and determination of such
19    claims. The changes to this Section made by this
20    amendatory Act of the 100th General Assembly apply only to
21    claims filed on or after July 1, 2015.
22        The court shall annually adjust the maximum awards
23    authorized by this subsection to reflect the increase, if
24    any, in the Consumer Price Index For All Urban Consumers
25    for the previous calendar year, as determined by the
26    United States Department of Labor. The Comptroller shall

 

 

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1    make the new amount resulting from each annual adjustment
2    available to the public via the Comptroller's official
3    website by January 31 of every year.
4        (e) All claims for recoupment made by the State of
5    Illinois against any claimant.
6        (f) All claims pursuant to the Line of Duty
7    Compensation Act. A claim under that Act must be heard and
8    determined within one year after the application for that
9    claim is filed with the Court as provided in that Act.
10        (g) All claims filed pursuant to the Crime Victims
11    Compensation Act.
12        (h) All claims pursuant to the Illinois National
13    Guardsman's Compensation Act. A claim under that Act must
14    be heard and determined within one year after the
15    application for that claim is filed with the Court as
16    provided in that Act.
17        (i) All claims authorized by subsection (a) of Section
18    10-55 of the Illinois Administrative Procedure Act for the
19    expenses incurred by a party in a contested case on the
20    administrative level.
21(Source: P.A. 100-1124, eff. 11-27-18.)
 
22    (705 ILCS 505/11)  (from Ch. 37, par. 439.11)
23    Sec. 11. Filing claims.
24    (a) Except as otherwise provided in subsection (b) of this
25Section and subsection (4) of Section 24, the claimant shall

 

 

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1in all cases set forth fully in his petition the claim, the
2action thereon, if any, on behalf of the State, what persons
3are owners thereof or interested therein, when and upon what
4consideration such persons became so interested; that no
5assignment or transfer of the claim or any part thereof or
6interest therein has been made, except as stated in the
7petition; that the claimant is justly entitled to the amount
8therein claimed from the State of Illinois, after allowing all
9just credits; and that claimant believes the facts stated in
10the petition to be true. The petition shall be verified, as to
11statements of facts, by the affidavit of the claimant, his
12agent, or attorney.
13    (b) Whenever a person has been convicted or adjudicated a
14delinquent served a term of imprisonment and has received a
15pardon by the Governor stating that such pardon was issued on
16the ground of innocence of the crime for which he or she was
17convicted or adjudicated a delinquent imprisoned, the Prisoner
18Review Board shall transmit this information to the clerk of
19the Court of Claims, together with the claimant's current
20address. Whenever a person has served a term of imprisonment
21and has received a certificate of innocence from the Circuit
22Court as provided in Section 2-702 of the Code of Civil
23Procedure, the clerk of the issuing Circuit Court shall
24transmit this information to the clerk of the Court of Claims,
25together with the claimant's current address. The clerk of the
26Court of Claims shall immediately docket the case for

 

 

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1consideration by the Court of Claims, and shall provide notice
2to the claimant of such docketing together with all hearing
3dates and applicable deadlines. The Court of Claims shall hear
4the case and render a decision within 90 days after its
5docketing.
6(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
 
7    Section 10. The Code of Civil Procedure is amended by
8changing Section 2-702 as follows:
 
9    (735 ILCS 5/2-702)
10    Sec. 2-702. Petition for a certificate of innocence that
11the petitioner was innocent of all offenses for which he or she
12was incarcerated.
13    (a) The General Assembly finds and declares that innocent
14persons who have been wrongly convicted or adjudicated
15delinquent of crimes in Illinois and subsequently imprisoned
16have been frustrated in seeking legal redress due to a variety
17of substantive and technical obstacles in the law and that
18such persons should have an available avenue to obtain a
19finding of innocence so that they may obtain relief through a
20petition in the Court of Claims. The General Assembly further
21finds misleading the current legal nomenclature which compels
22an innocent person to seek a pardon for being wrongfully
23incarcerated. It is the intent of the General Assembly that
24the court, in exercising its discretion as permitted by law

 

 

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1regarding the weight and admissibility of evidence submitted
2pursuant to this Section, shall, in the interest of justice,
3give due consideration to difficulties of proof caused by the
4passage of time, the death or unavailability of witnesses, the
5destruction of evidence or other factors not caused by such
6persons or those acting on their behalf.
7    (b) Any person who was convicted or adjudicated a
8delinquent and subsequently served any part of a sentence of
9incarceration in a State prison, in a county jail, in a county
10juvenile detention facility, or in a Illinois Youth Center, on
11parole or probation, or registered as a sex offender
12imprisoned for one or more felonies by the State of Illinois
13which he or she did not commit may, under the conditions
14hereinafter provided, file a petition for certificate of
15innocence in the circuit court of the county in which the
16person was convicted or adjudicated a delinquent. The petition
17shall request a certificate of innocence finding that the
18petitioner was innocent of one or more all offenses for which
19he or she was convicted or adjudicated a delinquent
20incarcerated.
21    (c) In order to present the claim for certificate of
22innocence of an unjust conviction or juvenile delinquency
23adjudication and imprisonment, the petitioner must attach to
24his or her petition documentation demonstrating that:
25        (1) he or she has been convicted or adjudicated a
26    delinquent of one or more felonies by the State of

 

 

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1    Illinois and subsequently sentenced to a term of
2    imprisonment, and has served all or any part of the
3    sentence; and
4        (2) his or her judgment of conviction or delinquency
5    adjudication was reversed or vacated, and the charge
6    indictment or information dismissed or, if a new trial was
7    ordered, either he or she was found not guilty at the new
8    trial or he or she was not retried and the charge
9    indictment or information dismissed; or the statute, or
10    application thereof, on which the charge indictment or
11    information was based violated the Constitution of the
12    United States or the State of Illinois; and
13        (3) his or her claim is not time barred by the
14    provisions of subsection (i) of this Section.
15    (d) The petition shall state facts in sufficient detail to
16permit the court to find that the petitioner is likely to
17succeed at trial in proving that the petitioner is innocent of
18the alleged offenses for which he or she was convicted or
19adjudicated a delinquent charged in the indictment or
20information or his or her acts or omissions charged in the
21indictment or information did not constitute a felony or
22misdemeanor against the State of Illinois, and the petitioner
23did not by his or her own conduct voluntarily cause or bring
24about his or her conviction or juvenile delinquency
25adjudication. The petition shall be verified by the
26petitioner.

 

 

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1    (e) A copy of the petition shall be served on the Attorney
2General and the State's Attorney of the county where the
3conviction or juvenile delinquency adjudication was had. The
4Attorney General and the State's Attorney of the county where
5the conviction or juvenile delinquency adjudication was had
6shall have the right to intervene as parties.
7    (f) In any hearing seeking a certificate of innocence, the
8court may take judicial notice of prior sworn testimony or
9evidence admitted in the criminal or juvenile delinquency
10proceedings related to the convictions or adjudications which
11resulted in the alleged wrongful incarceration, if the
12petitioner was either represented by counsel at such prior
13proceedings or the right to counsel was knowingly waived.
14    (g) In order to obtain a certificate of innocence the
15petitioner must prove by a preponderance of evidence that:
16        (1) the petitioner was convicted or adjudicated a
17    delinquent of one or more felonies by the State of
18    Illinois and subsequently sentenced to a term of
19    imprisonment, and has served all or any part of the
20    sentence;
21        (2)(A) the judgment of conviction or adjudication was
22    reversed or vacated, and the charge indictment or
23    information dismissed or, if a new trial was ordered,
24    either the petitioner was found not guilty at the new
25    trial or the petitioner was not retried and the charge
26    indictment or information dismissed; or (B) the statute,

 

 

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1    or application thereof, on which the charge indictment or
2    information was based violated the Constitution of the
3    United States or the State of Illinois;
4        (3) the petitioner is innocent of one or more of the
5    offenses for which he or she was convicted or adjudicated
6    a delinquent or his or her acts or omissions for which he
7    or she was convicted or adjudicated a delinquent charged
8    in the indictment or information or his or her acts or
9    omissions charged in the indictment or information did not
10    constitute a felony or misdemeanor against the State; and
11        (4) the petitioner did not by his or her own conduct
12    voluntarily cause or bring about his or her conviction or
13    juvenile delinquency adjudication.
14    (h) If the court finds that the petitioner is entitled to a
15judgment, it shall enter a certificate of innocence finding
16that the petitioner was innocent of one or more all offenses
17for which he or she was convicted or adjudicated a delinquent.
18The court shall also make a determination, subject to proof by
19the claimant, of the reasonable attorney's fees, costs, and
20expenses incurred by the claimant in connection with obtaining
21the certificate of innocence under this Section incarcerated.
22Upon entry of the certificate of innocence or pardon from the
23Governor stating that such pardon was issued on the ground of
24innocence of the crime for which he or she was convicted or
25adjudicated a delinquent imprisoned, (1) the clerk of the
26court shall transmit a copy of the certificate of innocence to

 

 

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1the clerk of the Court of Claims, together with the claimant's
2current address; and (2) the court shall enter an order
3expunging the record of arrest from the official records of
4the arresting authority and order that the records of the
5clerk of the circuit court and the Illinois State Police be
6sealed until further order of the court upon good cause shown
7or as otherwise provided herein, and the name of the defendant
8or respondent in a juvenile delinquency proceeding obliterated
9from the official index requested to be kept by the circuit
10court clerk under Section 16 of the Clerks of Courts Act in
11connection with the arrest and conviction or delinquency
12adjudication for the offense but the order shall not affect
13any index issued by the circuit court clerk before the entry of
14the order. The court shall enter the expungement order
15regardless of whether the petitioner has prior criminal
16convictions or delinquency adjudications.
17    All records sealed by the Illinois State Police may be
18disseminated by the Department only as required by law or to
19the arresting authority, the State's Attorney, the court upon
20a later arrest for the same or similar offense, or for the
21purpose of sentencing for any subsequent felony. Upon
22conviction for any subsequent offense, the Department of
23Corrections shall have access to all sealed records of the
24Department pertaining to that individual.
25    Upon entry of the order of expungement, the clerk of the
26circuit court shall promptly mail a copy of the order to the

 

 

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1person whose records were expunged and sealed.
2    (i) Any person seeking a certificate of innocence under
3this Section based on the dismissal of an indictment or
4information or acquittal that occurred before September 22,
52008 (the effective date of Public Act 95-970) this amendatory
6Act of the 95th General Assembly shall file his or her petition
7within 2 years after September 22, 2008 (the effective date of
8Public Act 95-970) this amendatory Act of the 95th General
9Assembly. Any person seeking a certificate of innocence under
10this Section based on the dismissal of an indictment or
11information or acquittal that occurred on or after September
1222, 2008 (the effective date of Public Act 95-970) this
13amendatory Act of the 95th General Assembly shall file his or
14her petition within 2 years after the dismissal or acquittal.
15Any person seeking a certificate of innocence under this
16Section based on the dismissal of a juvenile delinquency
17petition or an acquittal on such petition that occurred before
18the effective date of this amendatory Act of the 103rd General
19Assembly, including a petitioner whose petition was denied
20solely on the basis that this Section did not formerly apply to
21juvenile delinquency adjudications, shall file his or her
22petition within 4 years after the effective date of this
23amendatory Act of the 103rd General Assembly. Any person
24seeking a certificate of innocence under this Section based on
25the dismissal of a juvenile delinquency petition or an
26acquittal on such petition that occurred on or after the

 

 

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1effective date of this amendatory Act of the 103rd General
2Assembly shall file his or her petition within 2 years after
3the dismissal or acquittal.
4    (j) The decision to grant or deny a certificate of
5innocence shall be binding only with respect to claims filed
6in the Court of Claims and shall not have a res judicata effect
7on any other proceedings.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".