Illinois 2023-2024 Regular Session

Illinois House Bill HB1016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1016 EngrossedLRB103 04849 LNS 49859 b HB1016 Engrossed LRB103 04849 LNS 49859 b
2		-	HB1016 Engrossed LRB103 04849 LNS 49859 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1016 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11735 ILCS 5/2-702 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. LRB103 04849 LNS 49859 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1016 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11735 ILCS 5/2-702 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11 735 ILCS 5/2-702 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. LRB103 04849 LNS 49859 b LRB103 04849 LNS 49859 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1016 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
	3	+	705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11735 ILCS 5/2-702 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11 735 ILCS 5/2-702
	4	+	705 ILCS 505/8 from Ch. 37, par. 439.8
	5	+	705 ILCS 505/11 from Ch. 37, par. 439.11
	6	+	735 ILCS 5/2-702
	7	+	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.
	8	+	LRB103 04849 LNS 49859 b LRB103 04849 LNS 49859 b
	9	+	LRB103 04849 LNS 49859 b
	10	+	A BILL FOR
	11	+	HB1016LRB103 04849 LNS 49859 b HB1016 LRB103 04849 LNS 49859 b
	12	+	HB1016 LRB103 04849 LNS 49859 b
3	13		1 AN ACT concerning civil law.
4	14		2 Be it enacted by the People of the State of Illinois,
5	15		3 represented in the General Assembly:
6	16		4 Section 5. The Court of Claims Act is amended by changing
7	17		5 Sections 8 and 11 as follows:
8	18		6 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
9	19		7 Sec. 8. Court of Claims jurisdiction; deliberation
10	20		8 periods. The court shall have exclusive jurisdiction to hear
11	21		9 and determine the following matters:
12	22		10 (a) All claims against the State founded upon any law
13	23		11 of the State of Illinois or upon any regulation adopted
14	24		12 thereunder by an executive or administrative officer or
15	25		13 agency; provided, however, the court shall not have
16	26		14 jurisdiction (i) to hear or determine claims arising under
17	27		15 the Workers' Compensation Act or the Workers' Occupational
18	28		16 Diseases Act, or claims for expenses in civil litigation,
19	29		17 or (ii) to review administrative decisions for which a
20	30		18 statute provides that review shall be in the circuit or
21	31		19 appellate court.
22	32		20 (b) All claims against the State founded upon any
23	33		21 contract entered into with the State of Illinois.
24	34		22 (c) All claims against the State for time unjustly
25		-	23 served in prisons of this State, in a county jail~~, on~~
	35	+	23 served in prisons of this State or in a county jail when
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34		-	1 parole, on intensive supervision probation, or on the sex
35		-	2 offender registry, when the unjustly convicted person
36		-	3 imprisoned received a pardon from the Governor stating
37		-	4 that such pardon is issued on the ground of innocence of
38		-	5 the crime for which he or she was convicted imprisoned or
39		-	6 he or she received a certificate of innocence from the
40		-	7 Circuit Court as provided in Section 2-702 of the Code of
41		-	8 Civil Procedure. The court shall make an award of $50,000
42		-	9 per year, and prorated for any partial year, during which
43		-	10 the person was wrongfully incarcerated in a State
44		-	11 correctional institution or in a county jail, including
45		-	12 the time the person was incarcerated awaiting trial, and
46		-	13 $25,000 for each year, and prorated for any partial year,
47		-	14 during which the person was wrongfully on parole,
48		-	15 wrongfully on intensive supervision probation, or was
49		-	16 wrongfully required to register as a sex offender. In
50		-	17 addition, the Circuit Court shall make an award of
51		-	18 reasonable attorney's fees, costs, and expenses in the
52		-	19 amount determined by the Circuit Court after awarding a
53		-	20 certificate of innocence under Section 2-702 of the Code
54		-	21 of Civil Procedure. The ; provided, the amount of the
55		-	22 award is at the discretion of the court; and provided, the
56		-	23 court shall make no award in excess of the following
57		-	24 amounts: for imprisonment of 5 years or less, not more
58		-	25 than $85,350; for imprisonment of 14 years or less but
59		-	26 over 5 years, not more than $170,000; for imprisonment of
	39	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1016 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
	40	+	705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11735 ILCS 5/2-702 705 ILCS 505/8 from Ch. 37, par. 439.8 705 ILCS 505/11 from Ch. 37, par. 439.11 735 ILCS 5/2-702
	41	+	705 ILCS 505/8 from Ch. 37, par. 439.8
	42	+	705 ILCS 505/11 from Ch. 37, par. 439.11
	43	+	735 ILCS 5/2-702
	44	+	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.
	45	+	LRB103 04849 LNS 49859 b LRB103 04849 LNS 49859 b
	46	+	LRB103 04849 LNS 49859 b
	47	+	A BILL FOR
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65		-	HB1016 Engrossed - 2 - LRB103 04849 LNS 49859 b
	53	+	705 ILCS 505/8 from Ch. 37, par. 439.8
	54	+	705 ILCS 505/11 from Ch. 37, par. 439.11
	55	+	735 ILCS 5/2-702
66	56
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70		-	1 over 14 years, not more than $199,150; and provided
71		-	2 further, the court shall fix attorney's fees not to exceed
72		-	3 25% of the award granted. On or after the effective date of
73		-	4 this amendatory Act of the 95th General Assembly, the
74		-	5 court shall annually adjust the maximum awards authorized
75		-	6 by this subsection (c) to reflect the increase, if any, in
76		-	7 the Consumer Price Index For All Urban Consumers for the
77		-	8 previous calendar year, as determined by the United States
78		-	9 Department of Labor, except that no annual increment may
79		-	10 exceed 5%. For the annual adjustments, if the Consumer
80		-	11 Price Index decreases during a calendar year, there shall
81		-	12 be no adjustment for that calendar year. The transmission
82		-	13 by the Prisoner Review Board or the clerk of the circuit
83		-	14 court of the information described in Section 11(b) to the
84		-	15 clerk of the Court of Claims is conclusive evidence of the
85		-	16 validity of the claim. The changes made by this amendatory
86		-	17 Act of the 95th General Assembly apply to all claims
87		-	18 pending on or filed on or after the effective date. The
88		-	19 changes made by this amendatory Act of the 103rd General
89		-	20 Assembly apply to all claims pending or filed on or after
90		-	21 the effective date of this amendatory Act of the 103rd
91		-	22 General Assembly.
92		-	23 (d) All claims against the State for damages in cases
93		-	24 sounding in tort, if a like cause of action would lie
94		-	25 against a private person or corporation in a civil suit,
95		-	26 and all like claims sounding in tort against the Medical
	58	+
	59	+	LRB103 04849 LNS 49859 b
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97	61
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106		-	1 Center Commission, the Board of Trustees of the University
107		-	2 of Illinois, the Board of Trustees of Southern Illinois
108		-	3 University, the Board of Trustees of Chicago State
109		-	4 University, the Board of Trustees of Eastern Illinois
110		-	5 University, the Board of Trustees of Governors State
111		-	6 University, the Board of Trustees of Illinois State
112		-	7 University, the Board of Trustees of Northeastern Illinois
113		-	8 University, the Board of Trustees of Northern Illinois
114		-	9 University, the Board of Trustees of Western Illinois
115		-	10 University, or the Board of Trustees of the Illinois
116		-	11 Mathematics and Science Academy; provided, that an award
117		-	12 for damages in a case sounding in tort, other than certain
118		-	13 cases involving the operation of a State vehicle described
119		-	14 in this paragraph, shall not exceed the sum of $2,000,000
120		-	15 to or for the benefit of any claimant. The $2,000,000
121		-	16 limit prescribed by this Section does not apply to an
122		-	17 award of damages in any case sounding in tort arising out
123		-	18 of the operation by a State employee of a vehicle owned,
124		-	19 leased or controlled by the State. The defense that the
125		-	20 State or the Medical Center Commission or the Board of
126		-	21 Trustees of the University of Illinois, the Board of
127		-	22 Trustees of Southern Illinois University, the Board of
128		-	23 Trustees of Chicago State University, the Board of
129		-	24 Trustees of Eastern Illinois University, the Board of
130		-	25 Trustees of Governors State University, the Board of
131		-	26 Trustees of Illinois State University, the Board of
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	69	+	HB1016 LRB103 04849 LNS 49859 b
	70	+
	71	+
	72	+	HB1016- 2 -LRB103 04849 LNS 49859 b HB1016 - 2 - LRB103 04849 LNS 49859 b
	73	+	HB1016 - 2 - LRB103 04849 LNS 49859 b
	74	+	1 the person imprisoned received a pardon from the Governor
	75	+	2 stating that such pardon is issued on the ground of
	76	+	3 innocence of the crime for which he or she was imprisoned
	77	+	4 or he or she received a certificate of innocence from the
	78	+	5 Circuit Court as provided in Section 2-702 of the Code of
	79	+	6 Civil Procedure. The court shall make an award of $50,000
	80	+	7 per year during which the person was wrongfully imprisoned
	81	+	8 and shall prorate that amount for a fraction of a year that
	82	+	9 the person was wrongfully imprisoned. The court shall fix
	83	+	10 attorney's fees not to exceed 25% of the award granted.
	84	+	11 The court shall include the number of years the person was
	85	+	12 imprisoned awaiting trial in its determination of the
	86	+	13 award. The court shall include an additional $25,000 for
	87	+	14 each year served on parole, probation, or registered as a
	88	+	15 sex offender after imprisonment. The ; provided, the amount
	89	+	16 of the award is at the discretion of the court; and
	90	+	17 provided, the court shall make no award in excess of the
	91	+	18 following amounts: for imprisonment of 5 years or less,
	92	+	19 not more than $85,350; for imprisonment of 14 years or
	93	+	20 less but over 5 years, not more than $170,000; for
	94	+	21 imprisonment of over 14 years, not more than $199,150; and
	95	+	22 provided further, the court shall fix attorney's fees not
	96	+	23 to exceed 25% of the award granted. On or after the
	97	+	24 effective date of this amendatory Act of the 95th General
	98	+	25 Assembly, the court shall annually adjust the maximum
	99	+	26 awards authorized by this subsection (c) to reflect the
132	100
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135	103
136	104
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	105	+	HB1016 - 2 - LRB103 04849 LNS 49859 b
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142		-	1 ~~Trustees of Northeastern Illinois University,~~ the ~~Board of~~
143		-	2 ~~Trustees of Northern Illinois University,~~ the ~~Board of~~
144		-	3 ~~Trustees~~ of ~~Western Illinois University~~, ~~or the Board of~~
145		-	4 ~~Trustees of~~ the ~~Illinois Mathematics and Science Academy~~
146		-	5 ~~is not liable for~~ the ~~negligence of its officers, agents,~~
147		-	6 ~~and employees in the course of their employment is not~~
148		-	7 ~~applicable to~~ the ~~hearing and determination of such~~
149		-	8 ~~claims.~~ The ~~changes to this Section made by this~~
150		-	9 ~~amendatory Act~~ of the ~~100th General Assembly apply only to~~
151		-	10 claims ~~filed on or after July 1,~~ ~~2015.~~
152		-	11 The ~~court shall annually adjust~~ the ~~maximum awards~~
153		-	12 ~~authorized by this subsection~~ to ~~reflect the increase, if~~
154		-	13 ~~any~~, ~~in the Consumer Price Index For All Urban Consumers~~
155		-	14 ~~for~~ the ~~previous calendar year, as determined by the~~
156		-	15 ~~United States Department~~ of ~~Labor.~~ The ~~Comptroller shall~~
157		-	16 ~~make~~ the ~~new amount resulting from each annual adjustment~~
158		-	17 ~~available to~~ the ~~public via the Comptroller's official~~
159		-	18 ~~website by January 31 of every year~~.
160		-	19 (e) All claims ~~for recoupment made by~~ the State of
161		-	20 ~~Illinois against any claimant.~~
162		-	21 ~~(f) All claims pursuant to the Line of Duty~~
163		-	22 ~~Compensation Act.~~ ~~A claim under that Act must be heard and~~
164		-	23 ~~determined within one year after~~ the ~~application for that~~
165		-	24 ~~claim is filed with~~ the ~~Court as provided in that Act.~~
166		-	25 ~~(g) All claims filed pursuant to~~ the ~~Crime Victims~~
167		-	26 ~~Compensation Act.~~
	108	+	HB1016- 3 -LRB103 04849 LNS 49859 b HB1016 - 3 - LRB103 04849 LNS 49859 b
	109	+	HB1016 - 3 - LRB103 04849 LNS 49859 b
	110	+	1 increase, if any, in the Consumer Price Index For All
	111	+	2 Urban Consumers for the previous calendar year, as
	112	+	3 determined by the United States Department of Labor,
	113	+	4 except that no annual increment may exceed 5%. For the
	114	+	5 annual adjustments, if the Consumer Price Index decreases
	115	+	6 during a calendar year, there shall be no adjustment for
	116	+	7 that calendar year. The transmission by the Prisoner
	117	+	8 Review Board or the clerk of the circuit court of the
	118	+	9 information described in Section 11(b) to the clerk of the
	119	+	10 Court of Claims is conclusive evidence of the validity of
	120	+	11 the claim. The changes made by Public Act 95-970 this
	121	+	12 amendatory Act of the 95th General Assembly apply to all
	122	+	13 claims pending on or filed on or after September 22, 2008
	123	+	14 (the effective date of Public Act 95-970). The changes
	124	+	15 made by this amendatory Act of the 103rd General Assembly
	125	+	16 apply to all claims pending or filed on or after the
	126	+	17 effective date of this amendatory Act of the 103rd General
	127	+	18 Assembly.
	128	+	19 (d) All claims against the State for damages in cases
	129	+	20 sounding in tort, if a like cause of action would lie
	130	+	21 against a private person or corporation in a civil suit,
	131	+	22 and all like claims sounding in tort against the Medical
	132	+	23 Center Commission, the Board of Trustees of the University
	133	+	24 of Illinois, the Board of Trustees of Southern Illinois
	134	+	25 University, the Board of Trustees of Chicago State
	135	+	26 University, the Board of Trustees of Eastern Illinois
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170	138
171	139
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	141	+	HB1016 - 3 - LRB103 04849 LNS 49859 b
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178		-	1 (h) All claims pursuant to the Illinois National
179		-	2 Guardsman's Compensation Act. A claim under that Act must
180		-	3 be heard and determined within one year after the
181		-	4 application for that claim is filed with the Court as
182		-	5 provided in that Act.
183		-	6 (i) All claims authorized by subsection (a) of Section
184		-	7 10-55 of the Illinois Administrative Procedure Act for the
185		-	8 expenses incurred by a party in a contested case on the
186		-	9 administrative level.
187		-	10 (Source: P.A. 100-1124, eff. 11-27-18.)
188		-	11 (705 ILCS 505/11) (from Ch. 37, par. 439.11)
189		-	12 Sec. 11. Filing claims.
190		-	13 (a) Except as otherwise provided in subsection (b) of this
191		-	14 Section and subsection (4) of Section 24, the claimant shall
192		-	15 in all cases set forth fully in his petition the claim, the
193		-	16 action thereon, if any, on behalf of the State, what persons
194		-	17 are owners thereof or interested therein, when and upon what
195		-	18 consideration such persons became so interested; that no
196		-	19 assignment or transfer of the claim or any part thereof or
197		-	20 interest therein has been made, except as stated in the
198		-	21 petition; that the claimant is justly entitled to the amount
199		-	22 therein claimed from the State of Illinois, after allowing all
200		-	23 just credits; and that claimant believes the facts stated in
201		-	24 the petition to be true. The petition shall be verified, as to
202		-	25 statements of facts, by the affidavit of the claimant, his
	144	+	HB1016- 4 -LRB103 04849 LNS 49859 b HB1016 - 4 - LRB103 04849 LNS 49859 b
	145	+	HB1016 - 4 - LRB103 04849 LNS 49859 b
	146	+	1 University, the Board of Trustees of Governors State
	147	+	2 University, the Board of Trustees of Illinois State
	148	+	3 University, the Board of Trustees of Northeastern Illinois
	149	+	4 University, the Board of Trustees of Northern Illinois
	150	+	5 University, the Board of Trustees of Western Illinois
	151	+	6 University, or the Board of Trustees of the Illinois
	152	+	7 Mathematics and Science Academy; provided, that an award
	153	+	8 for damages in a case sounding in tort, other than certain
	154	+	9 cases involving the operation of a State vehicle described
	155	+	10 in this paragraph, shall not exceed the sum of $2,000,000
	156	+	11 to or for the benefit of any claimant. The $2,000,000
	157	+	12 limit prescribed by this Section does not apply to an
	158	+	13 award of damages in any case sounding in tort arising out
	159	+	14 of the operation by a State employee of a vehicle owned,
	160	+	15 leased or controlled by the State. The defense that the
	161	+	16 State or the Medical Center Commission or the Board of
	162	+	17 Trustees of the University of Illinois, the Board of
	163	+	18 Trustees of Southern Illinois University, the Board of
	164	+	19 Trustees of Chicago State University, the Board of
	165	+	20 Trustees of Eastern Illinois University, the Board of
	166	+	21 Trustees of Governors State University, the Board of
	167	+	22 Trustees of Illinois State University, the Board of
	168	+	23 Trustees of Northeastern Illinois University, the Board of
	169	+	24 Trustees of Northern Illinois University, the Board of
	170	+	25 Trustees of Western Illinois University, or the Board of
	171	+	26 Trustees of the Illinois Mathematics and Science Academy
203	172
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213		-	1 agent, or attorney.
214		-	2 (b) Whenever a person has served a term of imprisonment
215		-	3 and has received a pardon by the Governor stating that such
216		-	4 pardon was issued on the ground of innocence of the crime for
217		-	5 which he or she was convicted imprisoned, the Prisoner Review
218		-	6 Board shall transmit this information to the clerk of the
219		-	7 Court of Claims, together with the claimant's current address.
220		-	8 Whenever a person has served a term of imprisonment and has
221		-	9 received a certificate of innocence from the Circuit Court as
222		-	10 provided in Section 2-702 of the Code of Civil Procedure, the
223		-	11 clerk of the issuing Circuit Court shall transmit this
224		-	12 information to the clerk of the Court of Claims, together with
225		-	13 the claimant's current address. The clerk of the Court of
226		-	14 Claims shall immediately docket the case for consideration by
227		-	15 the Court of Claims, and shall provide notice to the claimant
228		-	16 of such docketing together with all hearing dates and
229		-	17 applicable deadlines. The Court of Claims shall hear the case
230		-	18 and render a decision within 90 days after its docketing.
231		-	19 (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
232		-	20 Section 10. The Code of Civil Procedure is amended by
233		-	21 changing Section 2-702 as follows:
234		-	22 (735 ILCS 5/2-702)
235		-	23 Sec. 2-702. Petition for a certificate of innocence that
236		-	24 the petitioner was innocent of all offenses for which he or she
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	182	+	1 is not liable for the negligence of its officers, agents,
	183	+	2 and employees in the course of their employment is not
	184	+	3 applicable to the hearing and determination of such
	185	+	4 claims. The changes to this Section made by this
	186	+	5 amendatory Act of the 100th General Assembly apply only to
	187	+	6 claims filed on or after July 1, 2015.
	188	+	7 The court shall annually adjust the maximum awards
	189	+	8 authorized by this subsection to reflect the increase, if
	190	+	9 any, in the Consumer Price Index For All Urban Consumers
	191	+	10 for the previous calendar year, as determined by the
	192	+	11 United States Department of Labor. The Comptroller shall
	193	+	12 make the new amount resulting from each annual adjustment
	194	+	13 available to the public via the Comptroller's official
	195	+	14 website by January 31 of every year.
	196	+	15 (e) All claims for recoupment made by the State of
	197	+	16 Illinois against any claimant.
	198	+	17 (f) All claims pursuant to the Line of Duty
	199	+	18 Compensation Act. A claim under that Act must be heard and
	200	+	19 determined within one year after the application for that
	201	+	20 claim is filed with the Court as provided in that Act.
	202	+	21 (g) All claims filed pursuant to the Crime Victims
	203	+	22 Compensation Act.
	204	+	23 (h) All claims pursuant to the Illinois National
	205	+	24 Guardsman's Compensation Act. A claim under that Act must
	206	+	25 be heard and determined within one year after the
	207	+	26 application for that claim is filed with the Court as
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247		-	1 was incarcerated.
248		-	2 (a) The General Assembly finds and declares that innocent
249		-	3 persons who have been wrongly convicted of crimes in Illinois
250		-	4 and subsequently imprisoned have been frustrated in seeking
251		-	5 legal redress due to a variety of substantive and technical
252		-	6 obstacles in the law and that such persons should have an
253		-	7 available avenue to obtain a finding of innocence so that they
254		-	8 may obtain relief through a petition in the Court of Claims.
255		-	9 The General Assembly further finds misleading the current
256		-	10 legal nomenclature which compels an innocent person to seek a
257		-	11 pardon for being wrongfully incarcerated. It is the intent of
258		-	12 the General Assembly that the court, in exercising its
259		-	13 discretion as permitted by law regarding the weight and
260		-	14 admissibility of evidence submitted pursuant to this Section,
261		-	15 shall, in the interest of justice, give due consideration to
262		-	16 difficulties of proof caused by the passage of time, the death
263		-	17 or unavailability of witnesses, the destruction of evidence or
264		-	18 other factors not caused by such persons or those acting on
265		-	19 their behalf.
266		-	20 (b) Any person who is convicted or adjudicated a
267		-	21 delinquent and subsequently serves any part of a sentence of
268		-	22 incarceration in a State correctional institution or in a
269		-	23 county jail, of parole, of intensive supervision probation, or
270		-	24 of registration as a sex offender imprisoned for one or more
271		-	25 felonies by the State of Illinois which he or she did not
272		-	26 commit may, under the conditions hereinafter provided, file a
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	218	+	1 provided in that Act.
	219	+	2 (i) All claims authorized by subsection (a) of Section
	220	+	3 10-55 of the Illinois Administrative Procedure Act for the
	221	+	4 expenses incurred by a party in a contested case on the
	222	+	5 administrative level.
	223	+	6 (Source: P.A. 100-1124, eff. 11-27-18.)
	224	+	7 (705 ILCS 505/11) (from Ch. 37, par. 439.11)
	225	+	8 Sec. 11. Filing claims.
	226	+	9 (a) Except as otherwise provided in subsection (b) of this
	227	+	10 Section and subsection (4) of Section 24, the claimant shall
	228	+	11 in all cases set forth fully in his petition the claim, the
	229	+	12 action thereon, if any, on behalf of the State, what persons
	230	+	13 are owners thereof or interested therein, when and upon what
	231	+	14 consideration such persons became so interested; that no
	232	+	15 assignment or transfer of the claim or any part thereof or
	233	+	16 interest therein has been made, except as stated in the
	234	+	17 petition; that the claimant is justly entitled to the amount
	235	+	18 therein claimed from the State of Illinois, after allowing all
	236	+	19 just credits; and that claimant believes the facts stated in
	237	+	20 the petition to be true. The petition shall be verified, as to
	238	+	21 statements of facts, by the affidavit of the claimant, his
	239	+	22 agent, or attorney.
	240	+	23 (b) Whenever a person has served a term of imprisonment
	241	+	24 and has received a pardon by the Governor stating that such
	242	+	25 pardon was issued on the ground of innocence of the crime for
273	243
274	244
275	245
276	246
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283		-	1 petition for certificate of innocence in the circuit court of
284		-	2 the county in which the person was convicted or adjudicated a
285		-	3 delinquent. The petition shall request a certificate of
286		-	4 innocence finding that the petitioner was innocent of one or
287		-	5 more all offenses for which he or she was convicted
288		-	6 incarcerated.
289		-	7 (c) In order to present the claim for certificate of
290		-	8 innocence of an unjust conviction or juvenile delinquency
291		-	9 adjudication and imprisonment, the petitioner must attach to
292		-	10 his or her petition documentation demonstrating that:
293		-	11 (1) he or she has been convicted or adjudicated a
294		-	12 delinquent of one or more felonies by the State of
295		-	13 Illinois and subsequently sentenced to a term of
296		-	14 imprisonment, and has served all or any part of the
297		-	15 sentence; and
298		-	16 (2) his or her judgment of conviction or delinquency
299		-	17 adjudication was reversed or vacated, and the indictment,
300		-	18 or information, or petition dismissed or, if a new trial
301		-	19 was ordered, either he or she was found not guilty at the
302		-	20 new trial or he or she was not retried and the indictment,
303		-	21 or information, or petition dismissed; or the statute, or
304		-	22 application thereof, on which the indictment or
305		-	23 information was based violated the Constitution of the
306		-	24 United States or the State of Illinois; and
307		-	25 (3) his or her claim is not time barred by the
308		-	26 provisions of subsection (i) of this Section.
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	253	+	1 which he or she was imprisoned, the Prisoner Review Board
	254	+	2 shall transmit this information to the clerk of the Court of
	255	+	3 Claims, together with the claimant's current address. Whenever
	256	+	4 a person has served a term of imprisonment or has been
	257	+	5 incarcerated as a pretrial detainee and has received a
	258	+	6 certificate of innocence from the Circuit Court as provided in
	259	+	7 Section 2-702 of the Code of Civil Procedure, the clerk of the
	260	+	8 issuing Circuit Court shall transmit this information to the
	261	+	9 clerk of the Court of Claims, together with the claimant's
	262	+	10 current address. The clerk of the Court of Claims shall
	263	+	11 immediately docket the case for consideration by the Court of
	264	+	12 Claims, and shall provide notice to the claimant of such
	265	+	13 docketing together with all hearing dates and applicable
	266	+	14 deadlines. The Court of Claims shall hear the case and render a
	267	+	15 decision within 90 days after its docketing.
	268	+	16 (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
	269	+	17 Section 10. The Code of Civil Procedure is amended by
	270	+	18 changing Section 2-702 as follows:
	271	+	19 (735 ILCS 5/2-702)
	272	+	20 Sec. 2-702. Petition for a certificate of innocence that
	273	+	21 the petitioner was innocent of all offenses for which he or she
	274	+	22 was incarcerated.
	275	+	23 (a) The General Assembly finds and declares that innocent
	276	+	24 persons who have been wrongly charged with or convicted of
309	277
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311	279
312	280
313	281
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319		-	1 ~~(d) The petition shall state facts~~ in ~~sufficient detail to~~
320		-	2 ~~permit the court~~ to ~~find that the petitioner is likely to~~
321		-	3 ~~succeed at trial in proving that the petitioner is innocent~~ of
322		-	4 the ~~alleged offenses for which he or she was convicted or~~
323		-	5 ~~adjudicated~~ a ~~delinquent charged in the indictment or~~
324		-	6 ~~information or his or her acts or omissions charged~~ in the
325		-	7 ~~indictment or information did not constitute a felony or~~
326		-	8 ~~misdemeanor against the State of Illinois,~~ ~~and the petitioner~~
327		-	9 ~~did not by his or her own conduct voluntarily cause or bring~~
328		-	10 ~~about his or her conviction or juvenile delinquency~~
329		-	11 ~~adjudication. Neither a guilty plea nor a confession~~
330		-	12 ~~constitutes conduct causing or bringing about one's conviction~~
331		-	13 ~~or delinquency adjudication.~~ The ~~petition shall be verified by~~
332		-	14 the ~~petitioner.~~
333		-	15 ~~(e) A copy~~ of ~~the petition shall be served on~~ the ~~Attorney~~
334		-	16 ~~General and the State's Attorney of the county where the~~
335		-	17 ~~conviction or juvenile delinquency adjudication was had~~. ~~The~~
336		-	18 ~~Attorney General~~ and ~~the State's Attorney of the county where~~
337		-	19 ~~the conviction~~ or ~~juvenile delinquency adjudication was had~~
338		-	20 ~~shall have~~ the ~~right to intervene as parties.~~
339		-	21 ~~(f) In any hearing seeking a certificate of innocence~~, the
340		-	22 ~~court may take judicial notice~~ of ~~prior sworn testimony or~~
341		-	23 ~~evidence admitted~~ in the ~~criminal~~ or ~~juvenile delinquency~~
342		-	24 ~~proceedings related~~ to the ~~convictions or adjudications which~~
343		-	25 ~~resulted in~~ the ~~alleged wrongful incarceration, if the~~
344		-	26 ~~petitioner~~ was ~~either represented by counsel at such prior~~
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	287	+	1 crimes in Illinois and subsequently have been incarcerated
	288	+	2 prior to trial or imprisoned have been frustrated in seeking
	289	+	3 legal redress due to a variety of substantive and technical
	290	+	4 obstacles in the law and that such persons should have an
	291	+	5 available avenue to obtain a finding of innocence so that they
	292	+	6 may obtain relief through a petition in the Court of Claims.
	293	+	7 The General Assembly further finds misleading the current
	294	+	8 legal nomenclature which compels an innocent person to seek a
	295	+	9 pardon for being wrongfully incarcerated. It is the intent of
	296	+	10 the General Assembly that the court, in exercising its
	297	+	11 discretion as permitted by law regarding the weight and
	298	+	12 admissibility of evidence submitted pursuant to this Section,
	299	+	13 shall, in the interest of justice, give due consideration to
	300	+	14 difficulties of proof caused by the passage of time, the death
	301	+	15 or unavailability of witnesses, the destruction of evidence or
	302	+	16 other factors not caused by such persons or those acting on
	303	+	17 their behalf.
	304	+	18 (b) Any person criminally prosecuted and incarcerated
	305	+	19 prior to trial or convicted and subsequently imprisoned for
	306	+	20 one or more felonies by the State of Illinois which he or she
	307	+	21 did not commit may, under the conditions hereinafter provided,
	308	+	22 file a petition for certificate of innocence in the circuit
	309	+	23 court of the county in which the person was convicted or
	310	+	24 incarcerated prior to trial. The petition shall request a
	311	+	25 certificate of innocence finding that the petitioner was
	312	+	26 innocent of all offenses for which he or she was incarcerated.
345	313
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355		-	1 ~~proceedings or~~ the ~~right to counsel was knowingly waived.~~
356		-	2 ~~(g) In order to obtain a certificate~~ of ~~innocence the~~
357		-	3 petitioner must ~~prove by a preponderance of evidence that:~~
358		-	4 ~~(1) the petitioner was convicted or adjudicated a~~
359		-	5 ~~delinquent~~ of one or more ~~felonies by the State of~~
360		-	6 Illinois and subsequently ~~sentenced to a term of~~
361		-	7 imprisonment, and has served all or ~~any part of the~~
362		-	8 sentence;
363		-	9 ~~(2)(A)~~ the ~~judgment of conviction or adjudication was~~
364		-	10 ~~reversed~~ or ~~vacated, and~~ the ~~indictment~~ or ~~information~~
365		-	11 ~~dismissed or,~~ if a ~~new trial was ordered,~~ ~~either the~~
366		-	12 ~~petitioner was found not guilty at the new trial or the~~
367		-	13 ~~petitioner was not retried and the indictment~~, or
368		-	14 ~~information,~~ or ~~petition dismissed;~~ or ~~(B) the statute, or~~
369		-	15 ~~application thereof~~, ~~on which the indictment~~, or
370		-	16 ~~information,~~ or ~~petition~~ was ~~based violated the~~
371		-	17 ~~Constitution of~~ the ~~United States~~ or ~~the State of~~
372		-	18 ~~Illinois;~~
373		-	19 ~~(3) the petitioner is innocent of one~~ or ~~more of~~ the
374		-	20 ~~offenses for which he~~ or ~~she was convicted or adjudicated~~
375		-	21 ~~a delinquent charged in the indictment or information or~~
376		-	22 his or her ~~acts or omissions charged in~~ the ~~indictment or~~
377		-	23 ~~information did not constitute a felony or misdemeanor~~
378		-	24 ~~against~~ the State~~; and~~
379		-	25 ~~(4)~~ the petitioner ~~did not by his or her own conduct~~
380		-	26 ~~voluntarily cause or bring about his or her conviction or~~
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	323	+	1 (c) In order to present the claim for certificate of
	324	+	2 innocence of an unjust conviction and imprisonment or pretrial
	325	+	3 incarceration, the petitioner must attach to his or her
	326	+	4 petition documentation demonstrating that:
	327	+	5 (1) he or she has been convicted of one or more
	328	+	6 felonies by the State of Illinois and subsequently
	329	+	7 sentenced to a term of imprisonment, and has served all or
	330	+	8 any part of the sentence, or he or she was incarcerated
	331	+	9 prior to trial for 30 days or longer and the case resulted
	332	+	10 in a dismissal or acquittal of the charge or charges, but
	333	+	11 did not result in a conviction for a lesser included
	334	+	12 offense; and
	335	+	13 (2) if convicted, his or her judgment of conviction
	336	+	14 was reversed or vacated, and the indictment or information
	337	+	15 dismissed or, if a new trial was ordered, either he or she
	338	+	16 was found not guilty at the new trial or he or she was not
	339	+	17 retried and the indictment or information dismissed; or
	340	+	18 the statute, or application thereof, on which the
	341	+	19 indictment or information was based violated the
	342	+	20 Constitution of the United States or the State of
	343	+	21 Illinois; and
	344	+	22 (3) his or her claim is not time barred by the
	345	+	23 provisions of subsection (i) of this Section.
	346	+	24 (d) The petition shall state facts in sufficient detail to
	347	+	25 permit the court to find that the petitioner is likely to
	348	+	26 succeed at trial in proving that the petitioner is innocent of
381	349
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384	352
385	353
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391		-	1 ~~juvenile delinquency adjudication.~~ ~~Neither a guilty plea~~
392		-	2 ~~nor a confession constitutes conduct causing~~ or ~~bringing~~
393		-	3 ~~about one's conviction~~ or ~~delinquency adjudication.~~
394		-	4 ~~(h) If~~ the ~~court finds that~~ the petitioner ~~is entitled to a~~
395		-	5 ~~judgment, it shall enter a certificate of innocence finding~~
396		-	6 ~~that~~ the petitioner ~~was innocent of one or more all offenses~~
397		-	7 ~~for which he or she was convicted or adjudicated~~ a ~~delinquent.~~
398		-	8 The ~~court shall also make a determination,~~ ~~subject to proof by~~
399		-	9 ~~the claimant,~~ of the ~~reasonable attorney~~'s ~~fees, costs, and~~
400		-	10 ~~expenses incurred by~~ the ~~claimant in connection with obtaining~~
401		-	11 the ~~certificate of innocence under this Section incarcerated~~.
402		-	12 ~~Upon entry of the~~ certificate of innocence ~~or pardon from~~ the
403		-	13 ~~Governor stating that such pardon was issued on the ground~~ of
404		-	14 ~~innocence of~~ the ~~crime for which he or she was convicted or~~
405		-	15 ~~adjudicated a delinquent imprisoned,~~ ~~(1)~~ the ~~clerk of the~~
406		-	16 ~~court shall transmit a copy of~~ the ~~certificate of innocence to~~
407		-	17 ~~the clerk of~~ the ~~Court of Claims,~~ ~~together with the claimant's~~
408		-	18 ~~current address; and (2) the court shall enter an order~~
409		-	19 ~~expunging the record~~ of ~~arrest from~~ the ~~official records of~~
410		-	20 ~~the arresting authority and order that the records~~ of ~~the~~
411		-	21 ~~clerk~~ of ~~the circuit court and the Illinois State Police be~~
412		-	22 ~~sealed until further order~~ of ~~the court upon good cause shown~~
413		-	23 ~~or as otherwise provided herein~~, and ~~the name of the defendant~~
414		-	24 ~~or respondent in a juvenile delinquency proceeding obliterated~~
415		-	25 ~~from~~ the ~~official index requested~~ to ~~be kept by the circuit~~
416		-	26 ~~court clerk under Section 16~~ of the ~~Clerks of Courts Act in~~
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	359	+	1 the offenses charged in the indictment or information or his
	360	+	2 or her acts or omissions charged in the indictment or
	361	+	3 information did not constitute a felony or misdemeanor against
	362	+	4 the State of Illinois, and the petitioner did not by his or her
	363	+	5 own conduct voluntarily cause or bring about his or her
	364	+	6 conviction. The petition shall be verified by the petitioner.
	365	+	7 (e) A copy of the petition shall be served on the Attorney
	366	+	8 General and the State's Attorney of the county where the
	367	+	9 conviction was had. The Attorney General and the State's
	368	+	10 Attorney of the county where the conviction was had shall have
	369	+	11 the right to intervene as parties.
	370	+	12 (f) In any hearing seeking a certificate of innocence, the
	371	+	13 court may take judicial notice of prior sworn testimony or
	372	+	14 evidence admitted in the criminal proceedings related to the
	373	+	15 charges or convictions which resulted in the alleged wrongful
	374	+	16 incarceration, if the petitioner was either represented by
	375	+	17 counsel at such prior proceedings or the right to counsel was
	376	+	18 knowingly waived.
	377	+	19 (g) In order to obtain a certificate of innocence the
	378	+	20 petitioner must prove by a preponderance of evidence that:
	379	+	21 (1) the petitioner was convicted of one or more
	380	+	22 felonies by the State of Illinois and subsequently
	381	+	23 sentenced to a term of imprisonment, and has served all or
	382	+	24 any part of the sentence;
	383	+	25 (g-5) If the petitioner was incarcerated prior to trial
	384	+	26 for 30 days or longer but not convicted of any of the charged
417	385
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420	388
421	389
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423	391
424	392
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427		-	1 ~~connection with the arrest and conviction~~ or ~~delinquency~~
428		-	2 ~~adjudication for~~ the ~~offense but the order shall not affect~~
429		-	3 ~~any index issued by the circuit court clerk before the entry~~ of
430		-	4 ~~the order.~~ The ~~court shall enter the expungement order~~
431		-	5 ~~regardless of whether the petitioner has prior criminal~~
432		-	6 ~~convictions~~ or ~~delinquency adjudications.~~
433		-	7 ~~All records sealed by~~ the ~~Illinois State Police may be~~
434		-	8 ~~disseminated by the Department only as required by law or to~~
435		-	9 ~~the arresting authority,~~ the ~~State's Attorney,~~ the ~~court upon~~
436		-	10 ~~a later arrest for~~ the ~~same or similar offense~~, or ~~for~~ the
437		-	11 ~~purpose of sentencing for any subsequent~~ felony~~. Upon~~
438		-	12 ~~conviction for any subsequent offense,~~ the ~~Department of~~
439		-	13 ~~Corrections shall have access to all sealed records of~~ the
440		-	14 ~~Department pertaining to that individual~~.
441		-	15 ~~Upon entry~~ of ~~the order of expungement, the clerk of the~~
442		-	16 ~~circuit court shall promptly mail a copy of~~ the ~~order to the~~
443		-	17 ~~person whose records were expunged and sealed.~~
444		-	18 ~~(i) Any person seeking a certificate of innocence under~~
445		-	19 ~~this Section based on~~ the ~~dismissal of an~~ indictment or
446		-	20 ~~information~~ or ~~acquittal that occurred before~~ the ~~effective~~
447		-	21 ~~date of this amendatory Act of~~ the ~~95th General Assembly shall~~
448		-	22 ~~file his~~ or ~~her petition within 2 years after~~ the ~~effective~~
449		-	23 ~~date of this amendatory Act of the 95th General Assembly. Any~~
450		-	24 ~~person seeking a certificate~~ of ~~innocence under this Section~~
451		-	25 ~~based on~~ the ~~dismissal of an~~ indictment or information or
452		-	26 ~~acquittal that occurred on~~ or ~~after the effective date of this~~
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	395	+	1 offenses or a lesser included offense, in order to obtain a
	396	+	2 certificate of innocence, the petitioner must prove by a
	397	+	3 preponderance of evidence that:
	398	+	4 (1) the petitioner was incarcerated prior to trial for
	399	+	5 30 days or longer in a prosecution that resulted in an
	400	+	6 acquittal or dismissal;
	401	+	7 (2) the prosecution did not result in a conviction of
	402	+	8 a lesser included offense;
	403	+	9 (3) the petitioner is innocent of the charges on which
	404	+	10 the petitioner's pretrial detention was based, or the
	405	+	11 charges did not constitute a felony or misdemeanor; and
	406	+	12 (4) the petitioner did not by his or her own conduct
	407	+	13 voluntarily cause or bring about the charges that resulted
	408	+	14 in his or her pretrial incarceration.
	409	+	15 (2)(A) the judgment of conviction was reversed or
	410	+	16 vacated, and the indictment or information dismissed or,
	411	+	17 if a new trial was ordered, either the petitioner was
	412	+	18 found not guilty at the new trial or the petitioner was not
	413	+	19 retried and the indictment or information dismissed; or
	414	+	20 (B) the statute, or application thereof, on which the
	415	+	21 indictment or information was based violated the
	416	+	22 Constitution of the United States or the State of
	417	+	23 Illinois;
	418	+	24 (3) the petitioner is innocent of the offenses charged
	419	+	25 in the indictment or information or his or her acts or
	420	+	26 omissions charged in the indictment or information did not
453	421
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457	425
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	426	+	HB1016 - 11 - LRB103 04849 LNS 49859 b
459	427
460	428
461		-	HB1016 Engrossed- 14 -LRB103 04849 LNS 49859 b HB1016 Engrossed - 14 - LRB103 04849 LNS 49859 b
462		-	HB1016 Engrossed - 14 - LRB103 04849 LNS 49859 b
463		-	1 amendatory Act of the 95th General Assembly shall file his or
464		-	2 her petition within 2 years after the dismissal or acquittal.
465		-	3 Any person seeking a certificate of innocence under this
466		-	4 Section based on the dismissal of a juvenile delinquency
467		-	5 petition or an acquittal on such petition that occurred before
468		-	6 the effective date of this amendatory Act of the 103rd General
469		-	7 Assembly, including a petitioner whose petition was denied
470		-	8 solely on the basis that this Section did not formerly apply to
471		-	9 juvenile delinquency adjudications, shall file his or her
472		-	10 petition within 4 years after the effective date of this
473		-	11 amendatory Act of the 103rd General Assembly. Any person
474		-	12 seeking a certificate of innocence under this Section based on
475		-	13 the dismissal of a juvenile delinquency petition or an
476		-	14 acquittal on such petition that occurred on or after the
477		-	15 effective date of this amendatory Act of the 103rd General
478		-	16 Assembly shall file his or her petition within 2 years after
479		-	17 the dismissal or acquittal.
480		-	18 (j) The decision to grant or deny a certificate of
481		-	19 innocence shall be binding only with respect to claims filed
482		-	20 in the Court of Claims and shall not have a res judicata effect
483		-	21 on any other proceedings.
484		-	22 (Source: P.A. 102-538, eff. 8-20-21.)
485		-	23 Section 99. Effective date. This Act takes effect upon
486		-	24 becoming law.
	429	+	HB1016- 12 -LRB103 04849 LNS 49859 b HB1016 - 12 - LRB103 04849 LNS 49859 b
	430	+	HB1016 - 12 - LRB103 04849 LNS 49859 b
	431	+	1 constitute a felony or misdemeanor against the State; and
	432	+	2 (4) the petitioner did not by his or her own conduct
	433	+	3 voluntarily cause or bring about his or her conviction.
	434	+	4 (h) If the court finds that the petitioner is entitled to a
	435	+	5 judgment, it shall enter a certificate of innocence finding
	436	+	6 that the petitioner was innocent of all offenses for which he
	437	+	7 or she was incarcerated. Upon entry of the certificate of
	438	+	8 innocence or pardon from the Governor stating that such pardon
	439	+	9 was issued on the ground of innocence of the crime for which he
	440	+	10 or she was incarcerated prior to trial or imprisoned, (1) the
	441	+	11 clerk of the court shall transmit a copy of the certificate of
	442	+	12 innocence to the clerk of the Court of Claims, together with
	443	+	13 the claimant's current address; and (2) the court shall enter
	444	+	14 an order expunging the record of arrest from the official
	445	+	15 records of the arresting authority and order that the records
	446	+	16 of the clerk of the circuit court and the Illinois State Police
	447	+	17 be sealed until further order of the court upon good cause
	448	+	18 shown or as otherwise provided herein, and the name of the
	449	+	19 defendant obliterated from the official index requested to be
	450	+	20 kept by the circuit court clerk under Section 16 of the Clerks
	451	+	21 of Courts Act in connection with the arrest and conviction for
	452	+	22 the offense but the order shall not affect any index issued by
	453	+	23 the circuit court clerk before the entry of the order. The
	454	+	24 court shall enter the expungement order regardless of whether
	455	+	25 the petitioner has prior criminal convictions.
	456	+	26 All records sealed by the Illinois State Police may be
487	457
488	458
489	459
490	460
491	461
492		-	HB1016 Engrossed - 14 - LRB103 04849 LNS 49859 b
	462	+	HB1016 - 12 - LRB103 04849 LNS 49859 b
	463	+
	464	+
	465	+	HB1016- 13 -LRB103 04849 LNS 49859 b HB1016 - 13 - LRB103 04849 LNS 49859 b
	466	+	HB1016 - 13 - LRB103 04849 LNS 49859 b
	467	+	1 disseminated by the Department only as required by law or to
	468	+	2 the arresting authority, the State's Attorney, the court upon
	469	+	3 a later arrest for the same or similar offense, or for the
	470	+	4 purpose of sentencing for any subsequent felony. Upon
	471	+	5 conviction for any subsequent offense, the Department of
	472	+	6 Corrections shall have access to all sealed records of the
	473	+	7 Department pertaining to that individual.
	474	+	8 Upon entry of the order of expungement, the clerk of the
	475	+	9 circuit court shall promptly mail a copy of the order to the
	476	+	10 person whose records were expunged and sealed.
	477	+	11 (i) Any person seeking a certificate of innocence under
	478	+	12 this Section based on the dismissal of an indictment or
	479	+	13 information or acquittal that occurred before September 22,
	480	+	14 2008 (the effective date of Public Act 95-970) this amendatory
	481	+	15 Act of the 95th General Assembly shall file his or her petition
	482	+	16 within 2 years after the September 22, 2008 (effective date of
	483	+	17 this amendatory Act of the 95th General Assembly. Any person
	484	+	18 seeking a certificate of innocence under this Section based on
	485	+	19 the dismissal of an indictment or information or acquittal
	486	+	20 that occurred on or after September 22, 2008 the effective date
	487	+	21 of this amendatory Act of the 95th General Assembly shall file
	488	+	22 his or her petition within 2 years after the dismissal.
	489	+	23 (j) The decision to grant or deny a certificate of
	490	+	24 innocence shall be binding only with respect to claims filed
	491	+	25 in the Court of Claims and shall not have a res judicata effect
	492	+	26 on any other proceedings.
	493	+
	494	+
	495	+
	496	+
	497	+
	498	+	HB1016 - 13 - LRB103 04849 LNS 49859 b
	499	+
	500	+
	501	+	HB1016- 14 -LRB103 04849 LNS 49859 b HB1016 - 14 - LRB103 04849 LNS 49859 b
	502	+	HB1016 - 14 - LRB103 04849 LNS 49859 b
	503	+	1 (Source: P.A. 102-538, eff. 8-20-21.)
	504	+
	505	+
	506	+
	507	+
	508	+
	509	+	HB1016 - 14 - LRB103 04849 LNS 49859 b