Bill Text: IL SB3682 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $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, including the number of years the person was awaiting trial.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB3682 Detail]
Download: Illinois-2019-SB3682-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Court of Claims Act is amended by changing | |||||||||||||||||||
5 | Section 8 as follows:
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6 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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7 | Sec. 8. Court of Claims jurisdiction; deliberation | |||||||||||||||||||
8 | periods. The court shall have exclusive
jurisdiction to hear | |||||||||||||||||||
9 | and determine the following matters:
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10 | (a) All claims against the State founded upon any law | |||||||||||||||||||
11 | of the State of
Illinois or upon any regulation adopted | |||||||||||||||||||
12 | thereunder by an executive or
administrative officer or | |||||||||||||||||||
13 | agency; provided, however, the court shall not have
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14 | jurisdiction (i) to hear or determine claims arising under
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15 | the Workers' Compensation Act or the Workers' Occupational | |||||||||||||||||||
16 | Diseases Act, or
claims for expenses in civil litigation, | |||||||||||||||||||
17 | or (ii) to review administrative
decisions for which a | |||||||||||||||||||
18 | statute provides that review shall be in the circuit or
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19 | appellate court.
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20 | (b) All claims against the State founded upon any | |||||||||||||||||||
21 | contract entered
into with the State of Illinois.
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22 | (c) All claims against the State for time unjustly | |||||||||||||||||||
23 | served in prisons
of this State when
the person
imprisoned |
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1 | received
a pardon from
the Governor stating that such | ||||||
2 | pardon is issued on the ground of
innocence of the crime | ||||||
3 | for which he or she was
imprisoned or he or she received a | ||||||
4 | certificate of innocence from the Circuit Court as provided | ||||||
5 | in Section 2-702 of the Code of Civil Procedure . The court | ||||||
6 | shall award $50,000 per year during which the person was | ||||||
7 | wrongfully imprisoned and shall prorate that amount for a | ||||||
8 | fraction of a year that the person was wrongfully | ||||||
9 | imprisoned. The court shall fix attorney's fees not to | ||||||
10 | exceed 25% of the award granted. In its determination of | ||||||
11 | the award, the court shall include the number of years the | ||||||
12 | person was imprisoned while awaiting trial. The ; provided, | ||||||
13 | the amount of the award is at the discretion of the court; | ||||||
14 | and provided, the
court shall make no award in excess of | ||||||
15 | the following amounts: for
imprisonment of 5 years or less, | ||||||
16 | not more than $85,350; for imprisonment
of 14 years or less | ||||||
17 | but over 5 years, not more than $170,000; for
imprisonment | ||||||
18 | of over 14 years, not more than $199,150; and provided
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19 | further, the court shall fix attorney's fees not to exceed | ||||||
20 | 25% of the award
granted. On or after the effective date of | ||||||
21 | this amendatory Act of the 95th General Assembly,
the court | ||||||
22 | shall
annually adjust the maximum awards authorized by this | ||||||
23 | subsection (c) to reflect
the increase, if any, in the | ||||||
24 | Consumer Price Index For All Urban Consumers for
the | ||||||
25 | previous calendar year, as determined by the United States | ||||||
26 | Department of
Labor, except that no annual increment may |
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1 | exceed 5%. For the annual adjustments, if the Consumer | ||||||
2 | Price Index
decreases during a calendar year, there shall | ||||||
3 | be no adjustment for that
calendar year. The transmission | ||||||
4 | by the Prisoner Review Board or the clerk of the circuit | ||||||
5 | court of the information described in Section 11(b) to the | ||||||
6 | clerk of the Court of Claims is conclusive evidence of the | ||||||
7 | validity of the claim. The changes made by this amendatory | ||||||
8 | Act of the 95th General Assembly apply to all
claims | ||||||
9 | pending on or filed on or after the effective date.
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10 | (d) All claims against the State for damages in cases | ||||||
11 | sounding in tort, if
a like cause of action would lie | ||||||
12 | against a private person or corporation in a
civil suit, | ||||||
13 | and all like claims sounding in tort against the Medical | ||||||
14 | Center
Commission, the Board of Trustees of the University | ||||||
15 | of Illinois, the Board of
Trustees of Southern Illinois | ||||||
16 | University, the Board of Trustees of Chicago
State | ||||||
17 | University, the Board of Trustees of Eastern Illinois | ||||||
18 | University, the
Board of Trustees of Governors State | ||||||
19 | University, the Board of Trustees of
Illinois State | ||||||
20 | University, the Board of Trustees of Northeastern Illinois
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21 | University, the Board of Trustees of Northern Illinois | ||||||
22 | University, the Board
of Trustees of Western Illinois | ||||||
23 | University, or the Board of Trustees of the
Illinois | ||||||
24 | Mathematics and Science Academy; provided, that an award | ||||||
25 | for damages
in a case sounding in tort, other than certain | ||||||
26 | cases involving the operation
of a State vehicle described |
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1 | in this paragraph, shall not exceed the sum of $2,000,000
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2 | to or for the benefit of
any claimant. The $2,000,000 limit | ||||||
3 | prescribed by this Section does not
apply to an award of | ||||||
4 | damages in any case sounding in tort arising out of
the | ||||||
5 | operation by a State employee of a vehicle owned, leased or
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6 | controlled by the State. The defense that the State or the | ||||||
7 | Medical
Center Commission or the Board of Trustees of the | ||||||
8 | University of Illinois, the
Board of Trustees of Southern | ||||||
9 | Illinois University, the Board of Trustees of
Chicago State | ||||||
10 | University, the Board of Trustees of Eastern Illinois | ||||||
11 | University,
the Board of Trustees of Governors State | ||||||
12 | University, the Board of Trustees of
Illinois State | ||||||
13 | University, the Board of Trustees of Northeastern Illinois
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14 | University, the Board of Trustees of Northern Illinois | ||||||
15 | University, the Board of
Trustees of Western Illinois | ||||||
16 | University, or the Board of Trustees of the
Illinois | ||||||
17 | Mathematics and Science Academy is not liable for the | ||||||
18 | negligence of
its officers, agents, and employees in the | ||||||
19 | course of their employment is not
applicable to the hearing | ||||||
20 | and determination of such claims. The changes to this | ||||||
21 | Section made by this amendatory Act of the 100th General | ||||||
22 | Assembly apply only to claims filed on or after July 1, | ||||||
23 | 2015. | ||||||
24 | The court shall
annually adjust the maximum awards | ||||||
25 | authorized by this subsection to reflect
the increase, if | ||||||
26 | any, in the Consumer Price Index For All Urban Consumers |
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1 | for
the previous calendar year, as determined by the United | ||||||
2 | States Department of
Labor. The Comptroller shall make the | ||||||
3 | new amount resulting from each annual adjustment available | ||||||
4 | to the public via the Comptroller's official website by | ||||||
5 | January 31 of every year.
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6 | (e) All claims for recoupment made by the State of | ||||||
7 | Illinois against
any claimant.
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8 | (f) All claims pursuant to the Line of Duty | ||||||
9 | Compensation
Act. A claim under that Act must be heard and | ||||||
10 | determined within one year after the application for that | ||||||
11 | claim is filed with the Court as provided in that Act.
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12 | (g) All claims filed pursuant to the Crime Victims | ||||||
13 | Compensation Act.
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14 | (h) All claims pursuant to the Illinois National | ||||||
15 | Guardsman's Compensation
Act. A claim under that Act must | ||||||
16 | be heard and determined within one year after the | ||||||
17 | application for that claim is filed with the Court as | ||||||
18 | provided in that Act.
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19 | (i) All claims authorized by subsection (a) of Section | ||||||
20 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
21 | expenses incurred by a party in a
contested case on the | ||||||
22 | administrative level.
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23 | (Source: P.A. 100-1124, eff. 11-27-18 .)
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