Illinois 2025-2026 Regular Session

Illinois House Bill HB3818 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3818 Introduced , by Rep. Michael Crawford SYNOPSIS AS INTRODUCED: 705 ILCS 505/8 from Ch. 37, par. 439.8705 ILCS 505/11 from Ch. 37, par. 439.11735 ILCS 5/2-702 Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, on parole, on intensive supervised probation, or registered as a sex offender if the person was unjustly convicted and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole, wrongfully on intensive supervised probation, or wrongfully required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, on parole, on intensive supervised probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately. LRB104 08464 JRC 18516 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3818 Introduced , by Rep. Michael Crawford SYNOPSIS AS INTRODUCED: 705 ILCS 505/8 from Ch. 37, par. 439.8705 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 Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, on parole, on intensive supervised probation, or registered as a sex offender if the person was unjustly convicted and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole, wrongfully on intensive supervised probation, or wrongfully required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, on parole, on intensive supervised probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately. LRB104 08464 JRC 18516 b LRB104 08464 JRC 18516 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3818 Introduced , by Rep. Michael Crawford SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 505/8 from Ch. 37, par. 439.8705 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	4	705 ILCS 505/8 from Ch. 37, par. 439.8
5	5	705 ILCS 505/11 from Ch. 37, par. 439.11
6	6	735 ILCS 5/2-702
7	7	Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, on parole, on intensive supervised probation, or registered as a sex offender if the person was unjustly convicted and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole, wrongfully on intensive supervised probation, or wrongfully required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, on parole, on intensive supervised probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.
8	8	LRB104 08464 JRC 18516 b LRB104 08464 JRC 18516 b
9	9	LRB104 08464 JRC 18516 b
10	10	A BILL FOR
11	11	HB3818LRB104 08464 JRC 18516 b HB3818 LRB104 08464 JRC 18516 b
12	12	HB3818 LRB104 08464 JRC 18516 b
13	13	1 AN ACT concerning civil law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Court of Claims Act is amended by changing
17	17	5 Sections 8 and 11 as follows:
18	18	6 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
19	19	7 Sec. 8. Court of Claims jurisdiction; deliberation
20	20	8 periods. The court shall have exclusive jurisdiction to hear
21	21	9 and determine the following matters:
22	22	10 (a) All claims against the State founded upon any law
23	23	11 of the State of Illinois or upon any regulation adopted
24	24	12 thereunder by an executive or administrative officer or
25	25	13 agency; provided, however, the court shall not have
26	26	14 jurisdiction (i) to hear or determine claims arising under
27	27	15 the Workers' Compensation Act or the Workers' Occupational
28	28	16 Diseases Act, or claims for expenses in civil litigation,
29	29	17 or (ii) to review administrative decisions for which a
30	30	18 statute provides that review shall be in the circuit or
31	31	19 appellate court.
32	32	20 (b) All claims against the State founded upon any
33	33	21 contract entered into with the State of Illinois.
34	34	22 (c) All claims against the State for time unjustly
35	35	23 served in prisons of this State, in a county jail, on
36	36
37	37
38	38
39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3818 Introduced , by Rep. Michael Crawford SYNOPSIS AS INTRODUCED:
40	40	705 ILCS 505/8 from Ch. 37, par. 439.8705 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	41	705 ILCS 505/8 from Ch. 37, par. 439.8
42	42	705 ILCS 505/11 from Ch. 37, par. 439.11
43	43	735 ILCS 5/2-702
44	44	Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, on parole, on intensive supervised probation, or registered as a sex offender if the person was unjustly convicted and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole, wrongfully on intensive supervised probation, or wrongfully required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, on parole, on intensive supervised probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.
45	45	LRB104 08464 JRC 18516 b LRB104 08464 JRC 18516 b
46	46	LRB104 08464 JRC 18516 b
47	47	A BILL FOR
48	48
49	49
50	50
51	51
52	52
53	53	705 ILCS 505/8 from Ch. 37, par. 439.8
54	54	705 ILCS 505/11 from Ch. 37, par. 439.11
55	55	735 ILCS 5/2-702
56	56
57	57
58	58
59	59	LRB104 08464 JRC 18516 b
60	60
61	61
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69	HB3818 LRB104 08464 JRC 18516 b
70	70
71	71
72	72	HB3818- 2 -LRB104 08464 JRC 18516 b HB3818 - 2 - LRB104 08464 JRC 18516 b
73	73	HB3818 - 2 - LRB104 08464 JRC 18516 b
74	74	1 parole, on intensive supervision probation, or on the sex
75	75	2 offender registry, when the unjustly convicted person
76	76	3 imprisoned received a pardon from the Governor stating
77	77	4 that such pardon is issued on the ground of innocence of
78	78	5 the crime for which he or she was convicted imprisoned or
79	79	6 he or she received a certificate of innocence from the
80	80	7 Circuit Court as provided in Section 2-702 of the Code of
81	81	8 Civil Procedure. The court shall make an award of $50,000
82	82	9 per year, and prorated for any partial year, during which
83	83	10 the person was wrongfully incarcerated in a State
84	84	11 correctional institution or in a county jail, including
85	85	12 the time the person was incarcerated awaiting trial, and
86	86	13 $25,000 for each year, and prorated for any partial year,
87	87	14 during which the person was wrongfully on parole,
88	88	15 wrongfully on intensive supervision probation, or was
89	89	16 wrongfully required to register as a sex offender. In
90	90	17 addition, the Circuit Court shall make an award of
91	91	18 reasonable attorney's fees, costs, and expenses in the
92	92	19 amount determined by the Circuit Court after awarding a
93	93	20 certificate of innocence under Section 2-702 of the Code
94	94	21 of Civil Procedure. The ; provided, the amount of the
95	95	22 award is at the discretion of the court; and provided, the
96	96	23 court shall make no award in excess of the following
97	97	24 amounts: for imprisonment of 5 years or less, not more
98	98	25 than $85,350; for imprisonment of 14 years or less but
99	99	26 over 5 years, not more than $170,000; for imprisonment of
100	100
101	101
102	102
103	103
104	104
105	105	HB3818 - 2 - LRB104 08464 JRC 18516 b
106	106
107	107
108	108	HB3818- 3 -LRB104 08464 JRC 18516 b HB3818 - 3 - LRB104 08464 JRC 18516 b
109	109	HB3818 - 3 - LRB104 08464 JRC 18516 b
110	110	1 over 14 years, not more than $199,150; and provided
111	111	2 further, the court shall fix attorney's fees not to exceed
112	112	3 25% of the award granted. On or after the effective date of
113	113	4 this amendatory Act of the 95th General Assembly, the
114	114	5 court shall annually adjust the maximum awards authorized
115	115	6 by this subsection (c) to reflect the increase, if any, in
116	116	7 the Consumer Price Index For All Urban Consumers for the
117	117	8 previous calendar year, as determined by the United States
118	118	9 Department of Labor, except that no annual increment may
119	119	10 exceed 5%. For the annual adjustments, if the Consumer
120	120	11 Price Index decreases during a calendar year, there shall
121	121	12 be no adjustment for that calendar year. The transmission
122	122	13 by the Prisoner Review Board or the clerk of the circuit
123	123	14 court of the information described in Section 11(b) to the
124	124	15 clerk of the Court of Claims is conclusive evidence of the
125	125	16 validity of the claim. The changes made by this amendatory
126	126	17 Act of the 95th General Assembly apply to all claims
127	127	18 pending on or filed on or after the effective date. The
128	128	19 changes made by this amendatory Act of the 104th General
129	129	20 Assembly apply to all claims pending or filed on or after
130	130	21 the effective date of this amendatory Act of the 104th
131	131	22 General Assembly.
132	132	23 (d) All claims against the State for damages in cases
133	133	24 sounding in tort, if a like cause of action would lie
134	134	25 against a private person or corporation in a civil suit,
135	135	26 and all like claims sounding in tort against the Medical
136	136
137	137
138	138
139	139
140	140
141	141	HB3818 - 3 - LRB104 08464 JRC 18516 b
142	142
143	143
144	144	HB3818- 4 -LRB104 08464 JRC 18516 b HB3818 - 4 - LRB104 08464 JRC 18516 b
145	145	HB3818 - 4 - LRB104 08464 JRC 18516 b
146	146	1 Center Commission, the Board of Trustees of the University
147	147	2 of Illinois, the Board of Trustees of Southern Illinois
148	148	3 University, the Board of Trustees of Chicago State
149	149	4 University, the Board of Trustees of Eastern Illinois
150	150	5 University, the Board of Trustees of Governors State
151	151	6 University, the Board of Trustees of Illinois State
152	152	7 University, the Board of Trustees of Northeastern Illinois
153	153	8 University, the Board of Trustees of Northern Illinois
154	154	9 University, the Board of Trustees of Western Illinois
155	155	10 University, or the Board of Trustees of the Illinois
156	156	11 Mathematics and Science Academy; provided, that an award
157	157	12 for damages in a case sounding in tort, other than certain
158	158	13 cases involving the operation of a State vehicle described
159	159	14 in this paragraph, shall not exceed the sum of $2,000,000
160	160	15 to or for the benefit of any claimant. The $2,000,000
161	161	16 limit prescribed by this Section does not apply to an
162	162	17 award of damages in any case sounding in tort arising out
163	163	18 of the operation by a State employee of a vehicle owned,
164	164	19 leased or controlled by the State. The defense that the
165	165	20 State or the Medical Center Commission or the Board of
166	166	21 Trustees of the University of Illinois, the Board of
167	167	22 Trustees of Southern Illinois University, the Board of
168	168	23 Trustees of Chicago State University, the Board of
169	169	24 Trustees of Eastern Illinois University, the Board of
170	170	25 Trustees of Governors State University, the Board of
171	171	26 Trustees of Illinois State University, the Board of
172	172
173	173
174	174
175	175
176	176
177	177	HB3818 - 4 - LRB104 08464 JRC 18516 b
178	178
179	179
180	180	HB3818- 5 -LRB104 08464 JRC 18516 b HB3818 - 5 - LRB104 08464 JRC 18516 b
181	181	HB3818 - 5 - LRB104 08464 JRC 18516 b
182	182	1 Trustees of Northeastern Illinois University, the Board of
183	183	2 Trustees of Northern Illinois University, the Board of
184	184	3 Trustees of Western Illinois University, or the Board of
185	185	4 Trustees of the Illinois Mathematics and Science Academy
186	186	5 is not liable for the negligence of its officers, agents,
187	187	6 and employees in the course of their employment is not
188	188	7 applicable to the hearing and determination of such
189	189	8 claims. The changes to this Section made by this
190	190	9 amendatory Act of the 100th General Assembly apply only to
191	191	10 claims filed on or after July 1, 2015.
192	192	11 The court shall annually adjust the maximum awards
193	193	12 authorized by this subsection to reflect the increase, if
194	194	13 any, in the Consumer Price Index For All Urban Consumers
195	195	14 for the previous calendar year, as determined by the
196	196	15 United States Department of Labor. The Comptroller shall
197	197	16 make the new amount resulting from each annual adjustment
198	198	17 available to the public via the Comptroller's official
199	199	18 website by January 31 of every year.
200	200	19 (e) All claims for recoupment made by the State of
201	201	20 Illinois against any claimant.
202	202	21 (f) All claims pursuant to the Line of Duty
203	203	22 Compensation Act. A claim under that Act must be heard and
204	204	23 determined within one year after the application for that
205	205	24 claim is filed with the Court as provided in that Act.
206	206	25 (g) All claims filed pursuant to the Crime Victims
207	207	26 Compensation Act.
208	208
209	209
210	210
211	211
212	212
213	213	HB3818 - 5 - LRB104 08464 JRC 18516 b
214	214
215	215
216	216	HB3818- 6 -LRB104 08464 JRC 18516 b HB3818 - 6 - LRB104 08464 JRC 18516 b
217	217	HB3818 - 6 - LRB104 08464 JRC 18516 b
218	218	1 (h) All claims pursuant to the Illinois National
219	219	2 Guardsman's Compensation Act. A claim under that Act must
220	220	3 be heard and determined within one year after the
221	221	4 application for that claim is filed with the Court as
222	222	5 provided in that Act.
223	223	6 (i) All claims authorized by subsection (a) of Section
224	224	7 10-55 of the Illinois Administrative Procedure Act for the
225	225	8 expenses incurred by a party in a contested case on the
226	226	9 administrative level.
227	227	10 (Source: P.A. 100-1124, eff. 11-27-18.)
228	228	11 (705 ILCS 505/11) (from Ch. 37, par. 439.11)
229	229	12 Sec. 11. Filing claims.
230	230	13 (a) Except as otherwise provided in subsection (b) of this
231	231	14 Section and subsection (4) of Section 24, the claimant shall
232	232	15 in all cases set forth fully in his petition the claim, the
233	233	16 action thereon, if any, on behalf of the State, what persons
234	234	17 are owners thereof or interested therein, when and upon what
235	235	18 consideration such persons became so interested; that no
236	236	19 assignment or transfer of the claim or any part thereof or
237	237	20 interest therein has been made, except as stated in the
238	238	21 petition; that the claimant is justly entitled to the amount
239	239	22 therein claimed from the State of Illinois, after allowing all
240	240	23 just credits; and that claimant believes the facts stated in
241	241	24 the petition to be true. The petition shall be verified, as to
242	242	25 statements of facts, by the affidavit of the claimant, his
243	243
244	244
245	245
246	246
247	247
248	248	HB3818 - 6 - LRB104 08464 JRC 18516 b
249	249
250	250
251	251	HB3818- 7 -LRB104 08464 JRC 18516 b HB3818 - 7 - LRB104 08464 JRC 18516 b
252	252	HB3818 - 7 - LRB104 08464 JRC 18516 b
253	253	1 agent, or attorney.
254	254	2 (b) Whenever a person has served a term of imprisonment
255	255	3 and has received a pardon by the Governor stating that such
256	256	4 pardon was issued on the ground of innocence of the crime for
257	257	5 which he or she was convicted imprisoned, the Prisoner Review
258	258	6 Board shall transmit this information to the clerk of the
259	259	7 Court of Claims, together with the claimant's current address.
260	260	8 Whenever a person has served a term of imprisonment and has
261	261	9 received a certificate of innocence from the Circuit Court as
262	262	10 provided in Section 2-702 of the Code of Civil Procedure, the
263	263	11 clerk of the issuing Circuit Court shall transmit this
264	264	12 information to the clerk of the Court of Claims, together with
265	265	13 the claimant's current address. The clerk of the Court of
266	266	14 Claims shall immediately docket the case for consideration by
267	267	15 the Court of Claims, and shall provide notice to the claimant
268	268	16 of such docketing together with all hearing dates and
269	269	17 applicable deadlines. The Court of Claims shall hear the case
270	270	18 and render a decision within 90 days after its docketing.
271	271	19 (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
272	272	20 Section 10. The Code of Civil Procedure is amended by
273	273	21 changing Section 2-702 as follows:
274	274	22 (735 ILCS 5/2-702)
275	275	23 Sec. 2-702. Petition for a certificate of innocence that
276	276	24 the petitioner was innocent of all offenses for which he or she
277	277
278	278
279	279
280	280
281	281
282	282	HB3818 - 7 - LRB104 08464 JRC 18516 b
283	283
284	284
285	285	HB3818- 8 -LRB104 08464 JRC 18516 b HB3818 - 8 - LRB104 08464 JRC 18516 b
286	286	HB3818 - 8 - LRB104 08464 JRC 18516 b
287	287	1 was incarcerated.
288	288	2 (a) The General Assembly finds and declares that innocent
289	289	3 persons who have been wrongly convicted of crimes in Illinois
290	290	4 and subsequently imprisoned have been frustrated in seeking
291	291	5 legal redress due to a variety of substantive and technical
292	292	6 obstacles in the law and that such persons should have an
293	293	7 available avenue to obtain a finding of innocence so that they
294	294	8 may obtain relief through a petition in the Court of Claims.
295	295	9 The General Assembly further finds misleading the current
296	296	10 legal nomenclature which compels an innocent person to seek a
297	297	11 pardon for being wrongfully incarcerated. It is the intent of
298	298	12 the General Assembly that the court, in exercising its
299	299	13 discretion as permitted by law regarding the weight and
300	300	14 admissibility of evidence submitted pursuant to this Section,
301	301	15 shall, in the interest of justice, give due consideration to
302	302	16 difficulties of proof caused by the passage of time, the death
303	303	17 or unavailability of witnesses, the destruction of evidence or
304	304	18 other factors not caused by such persons or those acting on
305	305	19 their behalf.
306	306	20 (b) Any person who is convicted or adjudicated a
307	307	21 delinquent and subsequently serves any part of a sentence of
308	308	22 incarceration in a State correctional institution or in a
309	309	23 county jail, of parole, of intensive supervision probation, or
310	310	24 of registration as a sex offender imprisoned for one or more
311	311	25 felonies by the State of Illinois which he or she did not
312	312	26 commit may, under the conditions hereinafter provided, file a
313	313
314	314
315	315
316	316
317	317
318	318	HB3818 - 8 - LRB104 08464 JRC 18516 b
319	319
320	320
321	321	HB3818- 9 -LRB104 08464 JRC 18516 b HB3818 - 9 - LRB104 08464 JRC 18516 b
322	322	HB3818 - 9 - LRB104 08464 JRC 18516 b
323	323	1 petition for certificate of innocence in the circuit court of
324	324	2 the county in which the person was convicted or adjudicated a
325	325	3 delinquent. The petition shall request a certificate of
326	326	4 innocence finding that the petitioner was innocent of one or
327	327	5 more all offenses for which he or she was convicted
328	328	6 incarcerated.
329	329	7 (c) In order to present the claim for certificate of
330	330	8 innocence of an unjust conviction or juvenile delinquency
331	331	9 adjudication and imprisonment, the petitioner must attach to
332	332	10 his or her petition documentation demonstrating that:
333	333	11 (1) he or she has been convicted or adjudicated a
334	334	12 delinquent of one or more felonies by the State of
335	335	13 Illinois and subsequently sentenced to a term of
336	336	14 imprisonment, and has served all or any part of the
337	337	15 sentence; and
338	338	16 (2) his or her judgment of conviction or delinquency
339	339	17 adjudication was reversed or vacated, and the indictment,
340	340	18 or information, or petition dismissed or, if a new trial
341	341	19 was ordered, either he or she was found not guilty at the
342	342	20 new trial or he or she was not retried and the indictment,
343	343	21 or information, or petition dismissed; or the statute, or
344	344	22 application thereof, on which the indictment or
345	345	23 information was based violated the Constitution of the
346	346	24 United States or the State of Illinois; and
347	347	25 (3) his or her claim is not time barred by the
348	348	26 provisions of subsection (i) of this Section.
349	349
350	350
351	351
352	352
353	353
354	354	HB3818 - 9 - LRB104 08464 JRC 18516 b
355	355
356	356
357	357	HB3818- 10 -LRB104 08464 JRC 18516 b HB3818 - 10 - LRB104 08464 JRC 18516 b
358	358	HB3818 - 10 - LRB104 08464 JRC 18516 b
359	359	1 (d) The petition shall state facts in sufficient detail to
360	360	2 permit the court to find that the petitioner is likely to
361	361	3 succeed at trial in proving that the petitioner is innocent of
362	362	4 the alleged offenses for which he or she was convicted or
363	363	5 adjudicated a delinquent charged in the indictment or
364	364	6 information or his or her acts or omissions charged in the
365	365	7 indictment or information did not constitute a felony or
366	366	8 misdemeanor against the State of Illinois, and the petitioner
367	367	9 did not by his or her own conduct voluntarily cause or bring
368	368	10 about his or her conviction or juvenile delinquency
369	369	11 adjudication. Neither a guilty plea nor a confession
370	370	12 constitutes conduct causing or bringing about one's conviction
371	371	13 or delinquency adjudication. The petition shall be verified by
372	372	14 the petitioner.
373	373	15 (e) A copy of the petition shall be served on the Attorney
374	374	16 General and the State's Attorney of the county where the
375	375	17 conviction or juvenile delinquency adjudication was had. The
376	376	18 Attorney General and the State's Attorney of the county where
377	377	19 the conviction or juvenile delinquency adjudication was had
378	378	20 shall have the right to intervene as parties.
379	379	21 (f) In any hearing seeking a certificate of innocence, the
380	380	22 court may take judicial notice of prior sworn testimony or
381	381	23 evidence admitted in the criminal or juvenile delinquency
382	382	24 proceedings related to the convictions or adjudications which
383	383	25 resulted in the alleged wrongful incarceration, if the
384	384	26 petitioner was either represented by counsel at such prior
385	385
386	386
387	387
388	388
389	389
390	390	HB3818 - 10 - LRB104 08464 JRC 18516 b
391	391
392	392
393	393	HB3818- 11 -LRB104 08464 JRC 18516 b HB3818 - 11 - LRB104 08464 JRC 18516 b
394	394	HB3818 - 11 - LRB104 08464 JRC 18516 b
395	395	1 proceedings or the right to counsel was knowingly waived.
396	396	2 (g) In order to obtain a certificate of innocence the
397	397	3 petitioner must prove by a preponderance of evidence that:
398	398	4 (1) the petitioner was convicted or adjudicated a
399	399	5 delinquent of one or more felonies by the State of
400	400	6 Illinois and subsequently sentenced to a term of
401	401	7 imprisonment, and has served all or any part of the
402	402	8 sentence;
403	403	9 (2)(A) the judgment of conviction or adjudication was
404	404	10 reversed or vacated, and the indictment, or information,
405	405	11 or petition dismissed or, if a new trial was ordered,
406	406	12 either the petitioner was found not guilty at the new
407	407	13 trial or the petitioner was not retried and the
408	408	14 indictment, or information, or petition dismissed; or (B)
409	409	15 the statute, or application thereof, on which the
410	410	16 indictment, or information, or petition was based violated
411	411	17 the Constitution of the United States or the State of
412	412	18 Illinois;
413	413	19 (3) the petitioner is innocent of one or more of the
414	414	20 offenses for which he or she was convicted or adjudicated
415	415	21 a delinquent charged in the indictment or information or
416	416	22 his or her acts or omissions charged in the indictment or
417	417	23 information did not constitute a felony or misdemeanor
418	418	24 against the State; and
419	419	25 (4) the petitioner did not by his or her own conduct
420	420	26 voluntarily cause or bring about his or her conviction or
421	421
422	422
423	423
424	424
425	425
426	426	HB3818 - 11 - LRB104 08464 JRC 18516 b
427	427
428	428
429	429	HB3818- 12 -LRB104 08464 JRC 18516 b HB3818 - 12 - LRB104 08464 JRC 18516 b
430	430	HB3818 - 12 - LRB104 08464 JRC 18516 b
431	431	1 juvenile delinquency adjudication. Neither a guilty plea
432	432	2 nor a confession constitutes conduct causing or bringing
433	433	3 about one's conviction or delinquency adjudication.
434	434	4 (h) If the court finds that the petitioner is entitled to a
435	435	5 judgment, it shall enter a certificate of innocence finding
436	436	6 that the petitioner was innocent of one or more all offenses
437	437	7 for which he or she was convicted or adjudicated a delinquent.
438	438	8 The court shall also make a determination, subject to proof by
439	439	9 the claimant, of the reasonable attorney's fees, costs, and
440	440	10 expenses incurred by the claimant in connection with obtaining
441	441	11 the certificate of innocence under this Section incarcerated.
442	442	12 Upon entry of the certificate of innocence or pardon from the
443	443	13 Governor stating that such pardon was issued on the ground of
444	444	14 innocence of the crime for which he or she was convicted or
445	445	15 adjudicated a delinquent imprisoned, (1) the clerk of the
446	446	16 court shall transmit a copy of the certificate of innocence to
447	447	17 the clerk of the Court of Claims, together with the claimant's
448	448	18 current address; and (2) the court shall enter an order
449	449	19 expunging the record of arrest from the official records of
450	450	20 the arresting authority and order that the records of the
451	451	21 clerk of the circuit court and the Illinois State Police be
452	452	22 sealed until further order of the court upon good cause shown
453	453	23 or as otherwise provided herein, and the name of the defendant
454	454	24 or respondent in a juvenile delinquency proceeding obliterated
455	455	25 from the official index requested to be kept by the circuit
456	456	26 court clerk under Section 16 of the Clerks of Courts Act in
457	457
458	458
459	459
460	460
461	461
462	462	HB3818 - 12 - LRB104 08464 JRC 18516 b
463	463
464	464
465	465	HB3818- 13 -LRB104 08464 JRC 18516 b HB3818 - 13 - LRB104 08464 JRC 18516 b
466	466	HB3818 - 13 - LRB104 08464 JRC 18516 b
467	467	1 connection with the arrest and conviction or delinquency
468	468	2 adjudication for the offense but the order shall not affect
469	469	3 any index issued by the circuit court clerk before the entry of
470	470	4 the order. The court shall enter the expungement order
471	471	5 regardless of whether the petitioner has prior criminal
472	472	6 convictions or delinquency adjudications.
473	473	7 All records sealed by the Illinois State Police may be
474	474	8 disseminated by the Department only as required by law or to
475	475	9 the arresting authority, the State's Attorney, the court upon
476	476	10 a later arrest for the same or similar offense, or for the
477	477	11 purpose of sentencing for any subsequent felony. Upon
478	478	12 conviction for any subsequent offense, the Department of
479	479	13 Corrections shall have access to all sealed records of the
480	480	14 Department pertaining to that individual.
481	481	15 Upon entry of the order of expungement, the clerk of the
482	482	16 circuit court shall promptly mail a copy of the order to the
483	483	17 person whose records were expunged and sealed. The clerk shall
484	484	18 post in the common areas of the courthouse a notice containing
485	485	19 information about grants for exonerated persons and their
486	486	20 dependents under Section 62 of the Higher Education Student
487	487	21 Assistance Act, including the Internet address of the Illinois
488	488	22 Student Assistance Commission. The Illinois Student Assistance
489	489	23 Commission shall develop a uniform statewide notice and
490	490	24 provide the format of the notice to each clerk.
491	491	25 (i) Any person seeking a certificate of innocence under
492	492	26 this Section based on the dismissal of an indictment or
493	493
494	494
495	495
496	496
497	497
498	498	HB3818 - 13 - LRB104 08464 JRC 18516 b
499	499
500	500
501	501	HB3818- 14 -LRB104 08464 JRC 18516 b HB3818 - 14 - LRB104 08464 JRC 18516 b
502	502	HB3818 - 14 - LRB104 08464 JRC 18516 b
503	503	1 information or acquittal that occurred before the effective
504	504	2 date of this amendatory Act of the 95th General Assembly shall
505	505	3 file his or her petition within 2 years after the effective
506	506	4 date of this amendatory Act of the 95th General Assembly. Any
507	507	5 person seeking a certificate of innocence under this Section
508	508	6 based on the dismissal of an indictment or information or
509	509	7 acquittal that occurred on or after the effective date of this
510	510	8 amendatory Act of the 95th General Assembly shall file his or
511	511	9 her petition within 2 years after the dismissal or acquittal.
512	512	10 Any person seeking a certificate of innocence under this
513	513	11 Section based on the dismissal of a juvenile delinquency
514	514	12 petition or an acquittal on such petition that occurred before
515	515	13 the effective date of this amendatory Act of the 104th General
516	516	14 Assembly, including a petitioner whose petition was denied
517	517	15 solely on the basis that this Section did not formerly apply to
518	518	16 juvenile delinquency adjudications, shall file his or her
519	519	17 petition within 4 years after the effective date of this
520	520	18 amendatory Act of the 104th General Assembly. Any person
521	521	19 seeking a certificate of innocence under this Section based on
522	522	20 the dismissal of a juvenile delinquency petition or an
523	523	21 acquittal on such petition that occurred on or after the
524	524	22 effective date of this amendatory Act of the 104th General
525	525	23 Assembly shall file his or her petition within 2 years after
526	526	24 the dismissal or acquittal.
527	527	25 (j) The decision to grant or deny a certificate of
528	528	26 innocence shall be binding only with respect to claims filed
529	529
530	530
531	531
532	532
533	533
534	534	HB3818 - 14 - LRB104 08464 JRC 18516 b
535	535
536	536
537	537	HB3818- 15 -LRB104 08464 JRC 18516 b HB3818 - 15 - LRB104 08464 JRC 18516 b
538	538	HB3818 - 15 - LRB104 08464 JRC 18516 b
539	539	1 in the Court of Claims and shall not have a res judicata effect
540	540	2 on any other proceedings.
541	541	3 (Source: P.A. 102-538, eff. 8-20-21; 103-1046, eff. 1-1-25.)
542	542
543	543
544	544
545	545
546	546
547	547	HB3818 - 15 - LRB104 08464 JRC 18516 b