IL
Illinois Senate Bill SB1177

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1177 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1177 Introduced 1/24/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 705 ILCS 505/2 from Ch. 37, par. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 Amends Court of Claims Act. Provides that judges appointed by the Governor with the advice and consent of the Senate under the Act shall hold office for a term of 6 years and until their successors are appointed and qualified. Provides that each judge shall receive an annual salary as set by the Compensation Review Board. Authorizes the court to hold sessions and take evidence remotely as it deems necessary to expedite the business of the court. Authorizes the court to adopt administrative rules to provide for remote or electronic filing of a claim or other motion, participation in any capacity before the court, taking of evidence or testimony, conducting any business of the court, or payment of any fees to the court. Authorizes the court to adopt rules determining the form and manner of all filing fees and other charges due the court. Provides that all claims arising under the Act must filed within 5 years (instead of one year) of the crime on which a claim is based under the Crime Victims Compensation Act. LRB104 06299 JRC 16334 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1177 Introduced 1/24/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 705 ILCS 505/2 from Ch. 37, par. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 705 ILCS 505/2 from Ch. 37, par. 439.2 705 ILCS 505/4 from Ch. 37, par. 439.4 705 ILCS 505/6 from Ch. 37, par. 439.6 705 ILCS 505/9 from Ch. 37, par. 439.9 705 ILCS 505/13 from Ch. 37, par. 439.13 705 ILCS 505/21 from Ch. 37, par. 439.21 705 ILCS 505/22 from Ch. 37, par. 439.22 Amends Court of Claims Act. Provides that judges appointed by the Governor with the advice and consent of the Senate under the Act shall hold office for a term of 6 years and until their successors are appointed and qualified. Provides that each judge shall receive an annual salary as set by the Compensation Review Board. Authorizes the court to hold sessions and take evidence remotely as it deems necessary to expedite the business of the court. Authorizes the court to adopt administrative rules to provide for remote or electronic filing of a claim or other motion, participation in any capacity before the court, taking of evidence or testimony, conducting any business of the court, or payment of any fees to the court. Authorizes the court to adopt rules determining the form and manner of all filing fees and other charges due the court. Provides that all claims arising under the Act must filed within 5 years (instead of one year) of the crime on which a claim is based under the Crime Victims Compensation Act. LRB104 06299 JRC 16334 b LRB104 06299 JRC 16334 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1177 Introduced 1/24/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
33 705 ILCS 505/2 from Ch. 37, par. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 705 ILCS 505/2 from Ch. 37, par. 439.2 705 ILCS 505/4 from Ch. 37, par. 439.4 705 ILCS 505/6 from Ch. 37, par. 439.6 705 ILCS 505/9 from Ch. 37, par. 439.9 705 ILCS 505/13 from Ch. 37, par. 439.13 705 ILCS 505/21 from Ch. 37, par. 439.21 705 ILCS 505/22 from Ch. 37, par. 439.22
44 705 ILCS 505/2 from Ch. 37, par. 439.2
55 705 ILCS 505/4 from Ch. 37, par. 439.4
66 705 ILCS 505/6 from Ch. 37, par. 439.6
77 705 ILCS 505/9 from Ch. 37, par. 439.9
88 705 ILCS 505/13 from Ch. 37, par. 439.13
99 705 ILCS 505/21 from Ch. 37, par. 439.21
1010 705 ILCS 505/22 from Ch. 37, par. 439.22
1111 Amends Court of Claims Act. Provides that judges appointed by the Governor with the advice and consent of the Senate under the Act shall hold office for a term of 6 years and until their successors are appointed and qualified. Provides that each judge shall receive an annual salary as set by the Compensation Review Board. Authorizes the court to hold sessions and take evidence remotely as it deems necessary to expedite the business of the court. Authorizes the court to adopt administrative rules to provide for remote or electronic filing of a claim or other motion, participation in any capacity before the court, taking of evidence or testimony, conducting any business of the court, or payment of any fees to the court. Authorizes the court to adopt rules determining the form and manner of all filing fees and other charges due the court. Provides that all claims arising under the Act must filed within 5 years (instead of one year) of the crime on which a claim is based under the Crime Victims Compensation Act.
1212 LRB104 06299 JRC 16334 b LRB104 06299 JRC 16334 b
1313 LRB104 06299 JRC 16334 b
1414 A BILL FOR
1515 SB1177LRB104 06299 JRC 16334 b SB1177 LRB104 06299 JRC 16334 b
1616 SB1177 LRB104 06299 JRC 16334 b
1717 1 AN ACT concerning government.
1818 2 Be it enacted by the People of the State of Illinois,
1919 3 represented in the General Assembly:
2020 4 Section 5. The Court of Claims Act is amended by changing
2121 5 Sections 2, 4, 6, 9, 13, 21, and 22 as follows:
2222 6 (705 ILCS 505/2) (from Ch. 37, par. 439.2)
2323 7 Sec. 2. Terms and Appointment of Successor Judges. Judges
2424 8 appointed by the Governor with the advice and consent of the
2525 9 Senate under Section 1 of this Act shall hold office for a term
2626 10 of 6 years and until their successors are appointed and
2727 11 qualified. Upon the expiration of the terms of office of the
2828 12 incumbent judges the Governor shall appoint their successors
2929 13 by and with the consent of the Senate for terms of 2, 4 and 6
3030 14 years commencing on the third Monday in January of the year
3131 15 1953. Of the 2 new members first appointed after the effective
3232 16 date of this amendatory Act of 1983, one shall be appointed to
3333 17 an initial term ending the third Monday in January, 1986, and
3434 18 one shall be appointed to an initial term ending on the third
3535 19 Monday in January, 1988. Of the 2 members first appointed
3636 20 after the effective date of this amendatory Act of 1986, one
3737 21 shall be appointed to an initial term ending the third Monday
3838 22 in January, 1989, and one shall be appointed to an initial term
3939 23 ending on the third Monday in January, 1991. After the
4040
4141
4242
4343 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1177 Introduced 1/24/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
4444 705 ILCS 505/2 from Ch. 37, par. 439.2705 ILCS 505/4 from Ch. 37, par. 439.4705 ILCS 505/6 from Ch. 37, par. 439.6705 ILCS 505/9 from Ch. 37, par. 439.9705 ILCS 505/13 from Ch. 37, par. 439.13705 ILCS 505/21 from Ch. 37, par. 439.21705 ILCS 505/22 from Ch. 37, par. 439.22 705 ILCS 505/2 from Ch. 37, par. 439.2 705 ILCS 505/4 from Ch. 37, par. 439.4 705 ILCS 505/6 from Ch. 37, par. 439.6 705 ILCS 505/9 from Ch. 37, par. 439.9 705 ILCS 505/13 from Ch. 37, par. 439.13 705 ILCS 505/21 from Ch. 37, par. 439.21 705 ILCS 505/22 from Ch. 37, par. 439.22
4545 705 ILCS 505/2 from Ch. 37, par. 439.2
4646 705 ILCS 505/4 from Ch. 37, par. 439.4
4747 705 ILCS 505/6 from Ch. 37, par. 439.6
4848 705 ILCS 505/9 from Ch. 37, par. 439.9
4949 705 ILCS 505/13 from Ch. 37, par. 439.13
5050 705 ILCS 505/21 from Ch. 37, par. 439.21
5151 705 ILCS 505/22 from Ch. 37, par. 439.22
5252 Amends Court of Claims Act. Provides that judges appointed by the Governor with the advice and consent of the Senate under the Act shall hold office for a term of 6 years and until their successors are appointed and qualified. Provides that each judge shall receive an annual salary as set by the Compensation Review Board. Authorizes the court to hold sessions and take evidence remotely as it deems necessary to expedite the business of the court. Authorizes the court to adopt administrative rules to provide for remote or electronic filing of a claim or other motion, participation in any capacity before the court, taking of evidence or testimony, conducting any business of the court, or payment of any fees to the court. Authorizes the court to adopt rules determining the form and manner of all filing fees and other charges due the court. Provides that all claims arising under the Act must filed within 5 years (instead of one year) of the crime on which a claim is based under the Crime Victims Compensation Act.
5353 LRB104 06299 JRC 16334 b LRB104 06299 JRC 16334 b
5454 LRB104 06299 JRC 16334 b
5555 A BILL FOR
5656
5757
5858
5959
6060
6161 705 ILCS 505/2 from Ch. 37, par. 439.2
6262 705 ILCS 505/4 from Ch. 37, par. 439.4
6363 705 ILCS 505/6 from Ch. 37, par. 439.6
6464 705 ILCS 505/9 from Ch. 37, par. 439.9
6565 705 ILCS 505/13 from Ch. 37, par. 439.13
6666 705 ILCS 505/21 from Ch. 37, par. 439.21
6767 705 ILCS 505/22 from Ch. 37, par. 439.22
6868
6969
7070
7171 LRB104 06299 JRC 16334 b
7272
7373
7474
7575
7676
7777
7878
7979
8080
8181 SB1177 LRB104 06299 JRC 16334 b
8282
8383
8484 SB1177- 2 -LRB104 06299 JRC 16334 b SB1177 - 2 - LRB104 06299 JRC 16334 b
8585 SB1177 - 2 - LRB104 06299 JRC 16334 b
8686 1 expiration of the terms of the judges first appointed, each of
8787 2 their respective successors shall hold office for a term of 6
8888 3 years and until their successors are appointed and qualified.
8989 4 (Source: P.A. 84-1240.)
9090 5 (705 ILCS 505/4) (from Ch. 37, par. 439.4)
9191 6 Sec. 4. Each judge shall receive an annual salary of: Each
9292 7 judge shall receive an annual salary as set by the
9393 8 Compensation Review Board. $20,900 from the third Monday in
9494 9 January, 1979 to the third Monday in January, 1980; $22,100
9595 10 from the third Monday in January, 1980 to the third Monday in
9696 11 January, 1981; $23,400 from the third Monday in January, 1981
9797 12 to the third Monday in January, 1982, and $25,000 thereafter,
9898 13 or as set by the Compensation Review Board, whichever is
9999 14 greater, payable in equal monthly installments.
100100 15 (Source: P.A. 83-1177.)
101101 16 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
102102 17 Sec. 6. The court shall hold sessions at such places or
103103 18 remotely as it deems necessary to expedite the business of the
104104 19 court.
105105 20 (Source: P.A. 90-492, eff. 8-17-97.)
106106 21 (705 ILCS 505/9) (from Ch. 37, par. 439.9)
107107 22 Sec. 9. The court may: A. Establish rules for its
108108 23 government and for the regulation of practice therein; appoint
109109
110110
111111
112112
113113
114114 SB1177 - 2 - LRB104 06299 JRC 16334 b
115115
116116
117117 SB1177- 3 -LRB104 06299 JRC 16334 b SB1177 - 3 - LRB104 06299 JRC 16334 b
118118 SB1177 - 3 - LRB104 06299 JRC 16334 b
119119 1 commissioners to assist the court in such manner as it directs
120120 2 and discharge them at will; and exercise such powers as are
121121 3 necessary to carry into effect the powers granted in this
122122 4 Section. Any Commissioner appointed shall be an attorney
123123 5 licensed to practice law in the State of Illinois. The rules
124124 6 established hereunder shall not be waived, and any extension
125125 7 of time authorized by such rules shall only be allowed on
126126 8 motion duly filed within the time limitation for which the
127127 9 extension is requested.
128128 10 B. Issue subpoenas through the Chief Justice or one of its
129129 11 judges or commissioners to require the attendance of witnesses
130130 12 for the purpose of testifying before it, or before any judge of
131131 13 the court, or before any notary public, or any of its
132132 14 commissioners, and to require the production of any books,
133133 15 records, papers or documents that may be material or relevant
134134 16 as evidence in any matter pending before it. In case any person
135135 17 refuses to comply with any subpoena issued in the name of the
136136 18 chief justice, or one of the judges or commissioners, attested
137137 19 by the clerk, with the seal of the court attached, and served
138138 20 upon the person named therein as a summons in a civil action is
139139 21 served, the circuit court of the proper county, on application
140140 22 of the party at whose instance the subpoena was issued, shall
141141 23 compel obedience by attachment proceedings, as for contempt,
142142 24 as in a case of a disobedience of the requirements of a
143143 25 subpoena from such court on a refusal to testify therein.
144144 26 C. The court may adopt administrative rules to provide for
145145
146146
147147
148148
149149
150150 SB1177 - 3 - LRB104 06299 JRC 16334 b
151151
152152
153153 SB1177- 4 -LRB104 06299 JRC 16334 b SB1177 - 4 - LRB104 06299 JRC 16334 b
154154 SB1177 - 4 - LRB104 06299 JRC 16334 b
155155 1 remote or electronic filing of a claim or other motion,
156156 2 participation in any capacity before the court, taking of
157157 3 evidence or testimony, conducting any business of the court,
158158 4 or payment of any fees to the court.
159159 5 (Source: P.A. 83-865.)
160160 6 (705 ILCS 505/13) (from Ch. 37, par. 439.13)
161161 7 Sec. 13. Any judge or commissioner of the court may sit at
162162 8 any place within the State or may remotely to take evidence in
163163 9 or conduct any case in the court.
164164 10 (Source: Laws 1945, p. 660.)
165165 11 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
166166 12 Sec. 21. The court is authorized to impose, by uniform
167167 13 rules, a fee of $15 for the filing of a petition in any case in
168168 14 which the award sought is more than $50 and less than $1,000
169169 15 and $35 in any case in which the award sought is $1,000 or
170170 16 more; and to charge and collect for copies of opinions or other
171171 17 documents filed in the Court of Claims such fees as may be
172172 18 prescribed by the rules of the Court. All fees and charges so
173173 19 collected shall be forthwith paid into the State Treasury. The
174174 20 Court may determine the form and manner of all filing fees and
175175 21 other charges due the court by administrative rule.
176176 22 A petitioner who is a prisoner in an Illinois Department
177177 23 of Corrections facility who files a pleading, motion, or other
178178 24 filing that purports to be a legal document against the State,
179179
180180
181181
182182
183183
184184 SB1177 - 4 - LRB104 06299 JRC 16334 b
185185
186186
187187 SB1177- 5 -LRB104 06299 JRC 16334 b SB1177 - 5 - LRB104 06299 JRC 16334 b
188188 SB1177 - 5 - LRB104 06299 JRC 16334 b
189189 1 the Illinois Department of Corrections, the Prisoner Review
190190 2 Board, or any of their officers or employees in which the court
191191 3 makes a specific finding that it is frivolous shall pay all
192192 4 filing fees and court costs in the manner provided in Article
193193 5 XXII of the Code of Civil Procedure.
194194 6 In claims based upon lapsed appropriations or lost warrant
195195 7 or in claims filed under the Line of Duty Compensation Act, the
196196 8 Illinois National Guardsman's Compensation Act, or the Crime
197197 9 Victims Compensation Act or in claims filed by medical vendors
198198 10 for medical services rendered by the claimant to persons
199199 11 eligible for Medical Assistance under programs administered by
200200 12 the Department of Healthcare and Family Services, no filing
201201 13 fee shall be required.
202202 14 (Source: P.A. 95-331, eff. 8-21-07.)
203203 15 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
204204 16 Sec. 22. Every claim cognizable by the court and not
205205 17 otherwise sooner barred by law shall be forever barred from
206206 18 prosecution therein unless it is filed with the clerk of the
207207 19 court within the time set forth as follows:
208208 20 (a) All claims arising out of a contract must be filed
209209 21 within 5 years after it first accrues, saving to minors,
210210 22 and persons under legal disability at the time the claim
211211 23 accrues, in which cases the claim must be filed within 5
212212 24 years from the time the disability ceases.
213213 25 (b) All claims cognizable against the State by vendors
214214
215215
216216
217217
218218
219219 SB1177 - 5 - LRB104 06299 JRC 16334 b
220220
221221
222222 SB1177- 6 -LRB104 06299 JRC 16334 b SB1177 - 6 - LRB104 06299 JRC 16334 b
223223 SB1177 - 6 - LRB104 06299 JRC 16334 b
224224 1 of goods or services under the Illinois Public Aid Code
225225 2 must be filed within one year after the accrual of the
226226 3 cause of action, as provided in Section 11-13 of that
227227 4 Code.
228228 5 (c) All claims arising under paragraph (c) of Section
229229 6 8 of this Act must be automatically heard by the court
230230 7 within 120 days after the person asserting such claim is
231231 8 either issued a certificate of innocence from the circuit
232232 9 court as provided in Section 2-702 of the Code of Civil
233233 10 Procedure, or is granted a pardon by the Governor,
234234 11 whichever occurs later, without the person asserting the
235235 12 claim being required to file a petition under Section 11
236236 13 of this Act, except as otherwise provided by the Crime
237237 14 Victims Compensation Act. Any claims filed by the claimant
238238 15 under paragraph (c) of Section 8 of this Act must be filed
239239 16 within 2 years after the person asserting such claim is
240240 17 either issued a certificate of innocence as provided in
241241 18 Section 2-702 of the Code of Civil Procedure, or is
242242 19 granted a pardon by the Governor, whichever occurs later.
243243 20 (d) All claims arising under paragraph (f) of Section
244244 21 8 of this Act must be filed within the time set forth in
245245 22 Section 3 of the Line of Duty Compensation Act.
246246 23 (e) All claims arising under paragraph (h) of Section
247247 24 8 of this Act must be filed within one year of the date of
248248 25 the death of the guardsman or militiaman as provided in
249249 26 Section 3 of the Illinois National Guardsman's
250250
251251
252252
253253
254254
255255 SB1177 - 6 - LRB104 06299 JRC 16334 b
256256
257257
258258 SB1177- 7 -LRB104 06299 JRC 16334 b SB1177 - 7 - LRB104 06299 JRC 16334 b
259259 SB1177 - 7 - LRB104 06299 JRC 16334 b
260260
261261
262262
263263
264264
265265 SB1177 - 7 - LRB104 06299 JRC 16334 b