IL HB0458 | 2017-2018 | 100th General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Failed on January 8 2019 - 100% progression
Action: 2019-01-08 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated prior to trial for one or more felonies by the State of Illinois which he or she did not commit may file a petition for a certificate of innocence in the circuit court of the county in which the person was incarcerated prior to trial. Provides that the petitioner must prove by a preponderance of evidence that: (1) the petitioner was incarcerated prior to trial in a prosecution which resulted in an acquittal or dismissal; (2) the prosecution did not result in a conviction of a lesser included offense; (3) 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 against the State; and (4) the petitioner did not by his or her own conduct voluntarily cause or bring about the charges which 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 make an award of $50,000 per year 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 of the award and that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately.

Tracking Information

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Title

PRETRIAL DETENTION-INNOCENCE

Sponsors


History

DateChamberAction
2019-01-08HouseSession Sine Die
2017-04-28HouseRule 19(a) / Re-referred to Rules Committee
2017-04-26HouseHeld on Calendar Order of Second Reading - Standard Debate
2017-04-26HouseSecond Reading - Standard Debate
2017-04-25HouseState Mandates Fiscal Note Filed
2017-03-23HouseHouse Floor Amendment No. 2 Recommends Be Adopted Restorative Justice Committee; 007-003-000
2017-03-21HouseHouse Floor Amendment No. 2 Rules Refers to Restorative Justice Committee
2017-03-15HouseHouse Floor Amendment No. 2 Referred to Rules Committee
2017-03-15HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
2017-03-13HouseCorrectional Note Filed
2017-03-10HouseFiscal Note Filed
2017-03-07HouseFiscal Note Filed
2017-03-07HouseCorrectional Note Requested by Rep. Tom Demmer
2017-03-07HouseState Mandates Fiscal Note Requested by Rep. Tom Demmer
2017-03-07HouseFiscal Note Requested by Rep. Tom Demmer
2017-03-03HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
2017-02-24HousePlaced on Calendar 2nd Reading - Standard Debate
2017-02-23HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
2017-02-23HouseDo Pass / Standard Debate Restorative Justice Committee; 007-005-000
2017-02-15HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2017-02-15HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
2017-02-02HouseAssigned to Restorative Justice Committee
2017-01-17HouseReferred to Rules Committee
2017-01-17HouseFirst Reading
2017-01-13HouseFiled with the Clerk by Rep. Mary E. Flowers

Code Citations

ChapterArticleSectionCitation TypeStatute Text
70550511Amended CodeCitation Text
7055058Amended CodeCitation Text
73552-702Amended CodeCitation Text

Illinois State Sources


Bill Comments

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