Rep. Monique D. Davis
Filed: 3/19/2013
 
 

 

 

 
09800HB2881ham001LRB098 10016 HEP 43141 a



1
AMENDMENT TO HOUSE BILL 2881 




2    AMENDMENT NO. ______. Amend House Bill 2881 on page 14, 
3line 26 by changing "702.5" to "2-702.5"; and
 
4on page 15, by replacing lines 7 through 24 with the following:
 
5    (735 ILCS 5/2-702.5 new)
6    Sec. 2-702.5. Automatic issuance of certificate of 
7innocence.
8    (a) The court shall sua sponte enter a certificate of 
9innocence finding that the petitioner was innocent of all 
10offenses for which he or she was incarcerated if:
11        (1) on the basis of DNA evidence or other substantive 
12    evidence, the person is released from prison after his or 
13    her judgment of conviction was reversed or vacated, and the 
14    indictment or information was dismissed; or
15        (2) either (A) a new trial was ordered, at which the 
16    person was found not guilty at the new trial on the basis 
 
 
09800HB2881ham001- 2 -LRB098 10016 HEP 43141 a

1    of DNA evidence or other substantive evidence; or (B) the 
2    person was not retried and the indictment or information 
3    was dismissed on the basis of DNA evidence or other 
4    substantive evidence.
5    (b) The State's Attorney shall be given notice that the 
6court will be entering a certificate of innocence. If the 
7State's Attorney fails to file an objection within 60 days, the 
8certificate of innocence shall be
issued by the court.
If the 
9State's Attorney files an objection, the court shall hear 
10evidence on whether the certificate of
innocence should be 
11granted.
12    (c) The court may not issue the person a certificate of 
13innocence if the State's Attorney files an objection to the 
14issuance of the certificate of innocence and shows by a  
15preponderance of the evidence that the person is ineligible for 
16a certificate of innocence under this Section.
17    (d) A person is ineligible for a certificate of innocence 
18under this Section if:
19        (1) the person is released from prison after his or her

20    judgment of conviction was reversed or vacated and the 
21    indictment or
information was dismissed on the basis of 
22    technical grounds; or
23        (2) either (A) a new trial was ordered, at which the 
24    person was found not guilty at the new trial on
the basis 
25    of technical grounds; or (B) the person was not retried and 
26    the indictment or
information was dismissed on the basis of 
 
 
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1    technical grounds.
2    (e) A certificate of innocence issued under this Section 
3shall be provided to an eligible person upon his or her release 
4from prison, or shall be made available for pickup from the 
5clerk of the circuit court within a reasonable time after the 
6person's release from prison.
7    (f) Upon entry of the certificate of innocence: (i) the 
8clerk of the court shall transmit a copy of the certificate of 
9innocence to the clerk of the Court of Claims, together with 
10the claimant's current address; and (ii) the court shall enter 
11an order expunging or sealing the record of arrest from the

12official records of the
arresting authority and directing that 
13the records of the clerk of the circuit
court and Department of

14State Police be sealed until further order of the court upon 
15good cause shown
or as otherwise provided
by law, and that the 
16name of the defendant be obliterated from the official index

17requested to be kept by the
circuit court clerk under Section 
1816 of the Clerks of Courts Act in connection
with the arrest 
19and
conviction for the offense, but the order shall not affect 
20any index issued by
the circuit court clerk before the entry of 
21the order.
22    (g) Nothing in this Section may be construed as preventing 
23a person from filing a petition under Section 2-702 of this 
24Code."; and


 
25by deleting page 16.