Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1177 Latest Draft

Bill / Introduced Version Filed 01/24/2025

                            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
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
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
    LRB104 06299 JRC 16334 b
A BILL FOR
SB1177LRB104 06299 JRC 16334 b   SB1177  LRB104 06299 JRC 16334 b
  SB1177  LRB104 06299 JRC 16334 b
1  AN ACT concerning government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Court of Claims Act is amended by changing
5  Sections 2, 4, 6, 9, 13, 21, and 22 as follows:
6  (705 ILCS 505/2) (from Ch. 37, par. 439.2)
7  Sec. 2. Terms and Appointment of Successor Judges. Judges
8  appointed by the Governor with the advice and consent of the
9  Senate under Section 1 of this Act shall hold office for a term
10  of 6 years and until their successors are appointed and
11  qualified. Upon the expiration of the terms of office of the
12  incumbent judges the Governor shall appoint their successors
13  by and with the consent of the Senate for terms of 2, 4 and 6
14  years commencing on the third Monday in January of the year
15  1953. Of the 2 new members first appointed after the effective
16  date of this amendatory Act of 1983, one shall be appointed to
17  an initial term ending the third Monday in January, 1986, and
18  one shall be appointed to an initial term ending on the third
19  Monday in January, 1988. Of the 2 members first appointed
20  after the effective date of this amendatory Act of 1986, one
21  shall be appointed to an initial term ending the third Monday
22  in January, 1989, and one shall be appointed to an initial term
23  ending on the third Monday in January, 1991. After the

 

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
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
    LRB104 06299 JRC 16334 b
A BILL FOR

 

 

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



    LRB104 06299 JRC 16334 b

 

 



 

  SB1177  LRB104 06299 JRC 16334 b


SB1177- 2 -LRB104 06299 JRC 16334 b   SB1177 - 2 - LRB104 06299 JRC 16334 b
  SB1177 - 2 - LRB104 06299 JRC 16334 b
1  expiration of the terms of the judges first appointed, each of
2  their respective successors shall hold office for a term of 6
3  years and until their successors are appointed and qualified.
4  (Source: P.A. 84-1240.)
5  (705 ILCS 505/4) (from Ch. 37, par. 439.4)
6  Sec. 4. Each judge shall receive an annual salary of: Each
7  judge shall receive an annual salary as set by the
8  Compensation Review Board. $20,900 from the third Monday in
9  January, 1979 to the third Monday in January, 1980; $22,100
10  from the third Monday in January, 1980 to the third Monday in
11  January, 1981; $23,400 from the third Monday in January, 1981
12  to the third Monday in January, 1982, and $25,000 thereafter,
13  or as set by the Compensation Review Board, whichever is
14  greater, payable in equal monthly installments.
15  (Source: P.A. 83-1177.)
16  (705 ILCS 505/6) (from Ch. 37, par. 439.6)
17  Sec. 6. The court shall hold sessions at such places or
18  remotely as it deems necessary to expedite the business of the
19  court.
20  (Source: P.A. 90-492, eff. 8-17-97.)
21  (705 ILCS 505/9) (from Ch. 37, par. 439.9)
22  Sec. 9. The court may: A. Establish rules for its
23  government and for the regulation of practice therein; appoint

 

 

  SB1177 - 2 - LRB104 06299 JRC 16334 b


SB1177- 3 -LRB104 06299 JRC 16334 b   SB1177 - 3 - LRB104 06299 JRC 16334 b
  SB1177 - 3 - LRB104 06299 JRC 16334 b
1  commissioners to assist the court in such manner as it directs
2  and discharge them at will; and exercise such powers as are
3  necessary to carry into effect the powers granted in this
4  Section. Any Commissioner appointed shall be an attorney
5  licensed to practice law in the State of Illinois. The rules
6  established hereunder shall not be waived, and any extension
7  of time authorized by such rules shall only be allowed on
8  motion duly filed within the time limitation for which the
9  extension is requested.
10  B. Issue subpoenas through the Chief Justice or one of its
11  judges or commissioners to require the attendance of witnesses
12  for the purpose of testifying before it, or before any judge of
13  the court, or before any notary public, or any of its
14  commissioners, and to require the production of any books,
15  records, papers or documents that may be material or relevant
16  as evidence in any matter pending before it. In case any person
17  refuses to comply with any subpoena issued in the name of the
18  chief justice, or one of the judges or commissioners, attested
19  by the clerk, with the seal of the court attached, and served
20  upon the person named therein as a summons in a civil action is
21  served, the circuit court of the proper county, on application
22  of the party at whose instance the subpoena was issued, shall
23  compel obedience by attachment proceedings, as for contempt,
24  as in a case of a disobedience of the requirements of a
25  subpoena from such court on a refusal to testify therein.
26  C. The court may adopt administrative rules to provide for

 

 

  SB1177 - 3 - LRB104 06299 JRC 16334 b


SB1177- 4 -LRB104 06299 JRC 16334 b   SB1177 - 4 - LRB104 06299 JRC 16334 b
  SB1177 - 4 - LRB104 06299 JRC 16334 b
1  remote or electronic filing of a claim or other motion,
2  participation in any capacity before the court, taking of
3  evidence or testimony, conducting any business of the court,
4  or payment of any fees to the court.
5  (Source: P.A. 83-865.)
6  (705 ILCS 505/13) (from Ch. 37, par. 439.13)
7  Sec. 13. Any judge or commissioner of the court may sit at
8  any place within the State or may remotely to take evidence in
9  or conduct any case in the court.
10  (Source: Laws 1945, p. 660.)
11  (705 ILCS 505/21) (from Ch. 37, par. 439.21)
12  Sec. 21. The court is authorized to impose, by uniform
13  rules, a fee of $15 for the filing of a petition in any case in
14  which the award sought is more than $50 and less than $1,000
15  and $35 in any case in which the award sought is $1,000 or
16  more; and to charge and collect for copies of opinions or other
17  documents filed in the Court of Claims such fees as may be
18  prescribed by the rules of the Court. All fees and charges so
19  collected shall be forthwith paid into the State Treasury. The
20  Court may determine the form and manner of all filing fees and
21  other charges due the court by administrative rule.
22  A petitioner who is a prisoner in an Illinois Department
23  of Corrections facility who files a pleading, motion, or other
24  filing that purports to be a legal document against the State,

 

 

  SB1177 - 4 - LRB104 06299 JRC 16334 b


SB1177- 5 -LRB104 06299 JRC 16334 b   SB1177 - 5 - LRB104 06299 JRC 16334 b
  SB1177 - 5 - LRB104 06299 JRC 16334 b
1  the Illinois Department of Corrections, the Prisoner Review
2  Board, or any of their officers or employees in which the court
3  makes a specific finding that it is frivolous shall pay all
4  filing fees and court costs in the manner provided in Article
5  XXII of the Code of Civil Procedure.
6  In claims based upon lapsed appropriations or lost warrant
7  or in claims filed under the Line of Duty Compensation Act, the
8  Illinois National Guardsman's Compensation Act, or the Crime
9  Victims Compensation Act or in claims filed by medical vendors
10  for medical services rendered by the claimant to persons
11  eligible for Medical Assistance under programs administered by
12  the Department of Healthcare and Family Services, no filing
13  fee shall be required.
14  (Source: P.A. 95-331, eff. 8-21-07.)
15  (705 ILCS 505/22) (from Ch. 37, par. 439.22)
16  Sec. 22. Every claim cognizable by the court and not
17  otherwise sooner barred by law shall be forever barred from
18  prosecution therein unless it is filed with the clerk of the
19  court within the time set forth as follows:
20  (a) All claims arising out of a contract must be filed
21  within 5 years after it first accrues, saving to minors,
22  and persons under legal disability at the time the claim
23  accrues, in which cases the claim must be filed within 5
24  years from the time the disability ceases.
25  (b) All claims cognizable against the State by vendors

 

 

  SB1177 - 5 - LRB104 06299 JRC 16334 b


SB1177- 6 -LRB104 06299 JRC 16334 b   SB1177 - 6 - LRB104 06299 JRC 16334 b
  SB1177 - 6 - LRB104 06299 JRC 16334 b
1  of goods or services under the Illinois Public Aid Code
2  must be filed within one year after the accrual of the
3  cause of action, as provided in Section 11-13 of that
4  Code.
5  (c) All claims arising under paragraph (c) of Section
6  8 of this Act must be automatically heard by the court
7  within 120 days after the person asserting such claim is
8  either issued a certificate of innocence from the circuit
9  court as provided in Section 2-702 of the Code of Civil
10  Procedure, or is granted a pardon by the Governor,
11  whichever occurs later, without the person asserting the
12  claim being required to file a petition under Section 11
13  of this Act, except as otherwise provided by the Crime
14  Victims Compensation Act. Any claims filed by the claimant
15  under paragraph (c) of Section 8 of this Act must be filed
16  within 2 years after the person asserting such claim is
17  either issued a certificate of innocence as provided in
18  Section 2-702 of the Code of Civil Procedure, or is
19  granted a pardon by the Governor, whichever occurs later.
20  (d) All claims arising under paragraph (f) of Section
21  8 of this Act must be filed within the time set forth in
22  Section 3 of the Line of Duty Compensation Act.
23  (e) All claims arising under paragraph (h) of Section
24  8 of this Act must be filed within one year of the date of
25  the death of the guardsman or militiaman as provided in
26  Section 3 of the Illinois National Guardsman's

 

 

  SB1177 - 6 - LRB104 06299 JRC 16334 b


SB1177- 7 -LRB104 06299 JRC 16334 b   SB1177 - 7 - LRB104 06299 JRC 16334 b
  SB1177 - 7 - LRB104 06299 JRC 16334 b

 

 

  SB1177 - 7 - LRB104 06299 JRC 16334 b