Illinois House Bill 4362 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Failed on January 8 2019 - 100% progression
Action: 2019-01-08 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

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 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; 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 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 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.

PRETRIAL DETENTION-INNOCENCE

Rep. Mary Flowers [D]

Date	Chamber	Action
2019-01-08	House	Session Sine Die
2018-11-07	House	House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
2018-11-07	House	House Committee Amendment No. 1 To Criminal Administration and Enforcement Subcommittee
2018-11-07	House	To Criminal Administration and Enforcement Subcommittee
2018-11-07	House	Assigned to Judiciary - Criminal Committee
2018-04-13	House	House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee
2018-04-13	House	Rule 19(a) / Re-referred to Rules Committee
2018-04-09	House	To Criminal Administration and Enforcement Subcommittee
2018-04-09	House	House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
2018-03-29	House	House Committee Amendment No. 1 Referred to Rules Committee
2018-03-29	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
2018-03-21	House	Assigned to Judiciary - Criminal Committee
2018-01-30	House	Referred to Rules Committee
2018-01-30	House	First Reading
2018-01-26	House	Filed with the Clerk by Rep. Mary E. Flowers

Chapter	Article	Section	Citation Type	Statute Text
705	505	11	Amended Code	Citation Text
705	505	8	Amended Code	Citation Text
735	5	2-702	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4362&GAID=14&DocTypeID=HB&SessionID=91&GA=100
Text	https://www.ilga.gov/legislation/100/HB/10000HB4362.htm
Amendment	https://www.ilga.gov/legislation/100/HB/10000HB4362ham001.htm