[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB0192
LRB9101005RCks
1 AN ACT in relation to persons wrongfully imprisoned,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Personnel Code is amended by adding
6 Section 8b.7-5 as follows:
7 (20 ILCS 415/8b.7-5 new)
8 Sec. 8b.7-5. Unjustly imprisoned preference.
9 (a) For the granting of appropriate preference in
10 entrance examinations to a qualified person who has been
11 discharged from a prison of this State and who has been
12 wrongfully accused of a crime for which he or she was
13 imprisoned and a court of competent jurisdiction finds that
14 the evidence that resulted in his or her conviction was
15 erroneous or that new evidence indicates that the person did
16 not commit the crime for which he or she was imprisoned.
17 (b) The preference granted under this Section must be in
18 the form of points added to the final grade of the person if
19 the person otherwise qualifies and is entitled to appear on
20 the list of those eligible for appointments.
21 (c) A person qualified for a preference under this
22 Section must receive a preference of 5 points.
23 (d) The Department of Central Management Services must
24 adopt rules and implement procedures to verify that any
25 person seeking a preference under this Section provides
26 documentation or executes any consents or other documents
27 required by the Department of Central Management Services or
28 any other State department or agency to enable the Department
29 or agency to verify that the person is entitled to the
30 preference.
-2- LRB9101005RCks
1 Section 10. The Court of Claims Act is amended by
2 changing Sections 8, 11, 22, and 24 as follows:
3 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
4 Sec. 8. Court of Claims jurisdiction. The court shall
5 have exclusive jurisdiction to hear and determine the
6 following matters:
7 (a) All claims against the State founded upon any law of
8 the State of Illinois or upon any regulation adopted
9 thereunder by an executive or administrative officer or
10 agency; provided, however, the court shall not have
11 jurisdiction (i) to hear or determine claims arising under
12 the Workers' Compensation Act or the Workers' Occupational
13 Diseases Act, or claims for expenses in civil litigation, or
14 (ii) to review administrative decisions for which a statute
15 provides that review shall be in the circuit or appellate
16 court.
17 (b) All claims against the State founded upon any
18 contract entered into with the State of Illinois.
19 (c) All claims against the State for time unjustly
20 served in prisons of this State when where the person persons
21 shall receive a pardon from the governor stating
27 that such pardon is issued on the ground of innocence of the
28 crime for which they were imprisoned; provided, the amount of
29 the award is at the discretion of the court; and provided,
30 the court shall make no award in excess of the following
31 amounts: for imprisonment of 5 years or less, not more than
32 $85,350 $15,000; for imprisonment of 14 years or less but
33 over 5 years, not more than $170,700 $30,000; for
-3- LRB9101005RCks
1 imprisonment of over 14 years, not more than $199,150 $35,000
2 On December
5 31, 1996, the court shall make a one-time adjustment in the
6 maximum awards authorized by this subsection (c), to reflect
7 the increase in the cost of living from the year in which
8 these maximum awards were last adjusted until 1996, but with
9 no annual increment exceeding 5%. Thereafter, the court
10 shall annually adjust the maximum awards authorized by this
11 subsection (c) to reflect the increase, if any, in the
12 Consumer Price Index For All Urban Consumers for the previous
13 calendar year, as determined by the United States Department
14 of Labor, except that no annual increment may exceed 5%. For
15 both the one-time adjustment and the subsequent annual
16 adjustments, if the Consumer Price Index decreases during a
17 calendar year, there shall be no adjustment for that calendar
18 year. The changes made by this amendatory Act of 1999 apply
19 to all claims pending on the effective date of this
20 amendatory Act of 1999 and all claims filed on or after the
21 effective date of this amendatory Act of 1999. The changes
22 made by Public Act 89-689 apply to all claims filed on or
23 after January 1, 1995 that are pending on December 31, 1996
24 and all claims filed on or after December 31, 1996.
25 (d) All claims against the State for damages in cases
26 sounding in tort, if a like cause of action would lie against
27 a private person or corporation in a civil suit, and all like
28 claims sounding in tort against the Medical Center
29 Commission, the Board of Trustees of the University of
30 Illinois, the Board of Trustees of Southern Illinois
31 University, the Board of Trustees of Chicago State
32 University, the Board of Trustees of Eastern Illinois
33 University, the Board of Trustees of Governors State
34 University, the Board of Trustees of Illinois State
-4- LRB9101005RCks
1 University, the Board of Trustees of Northeastern Illinois
2 University, the Board of Trustees of Northern Illinois
3 University, the Board of Trustees of Western Illinois
4 University, or the Board of Trustees of the Illinois
5 Mathematics and Science Academy; provided, that an award for
6 damages in a case sounding in tort, other than certain cases
7 involving the operation of a State vehicle described in this
8 paragraph, shall not exceed the sum of $100,000 to or for the
9 benefit of any claimant. The $100,000 limit prescribed by
10 this Section does not apply to an award of damages in any
11 case sounding in tort arising out of the operation by a State
12 employee of a vehicle owned, leased or controlled by the
13 State. The defense that the State or the Medical Center
14 Commission or the Board of Trustees of the University of
15 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
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 is not liable for the
25 negligence of its officers, agents, and employees in the
26 course of their employment is not applicable to the hearing
27 and determination of such claims.
28 (e) All claims for recoupment made by the State of
29 Illinois against any claimant.
30 (f) All claims pursuant to the Law Enforcement Officers,
31 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
32 Firemen, Chaplains, and State Employees Compensation Act.
33 (g) All claims filed pursuant to the Crime Victims
34 Compensation Act.
-5- LRB9101005RCks
1 (h) All claims pursuant to the Illinois National
2 Guardsman's Compensation Act.
3 (i) All claims authorized by subsection (a) of Section
4 10-55 of the Illinois Administrative Procedure Act for the
5 expenses incurred by a party in a contested case on the
6 administrative level.
7 (Source: P.A. 89-4, eff. 1-1-96; 89-689, eff. 12-31-96;
8 90-492, eff. 8-17-97.)
9 (705 ILCS 505/11) (from Ch. 37, par. 439.11)
10 Sec. 11. Filing claims.
11 (a) Except as otherwise provided in subsection (b) of
12 this Section and subsection (b) of Section 24, the claimant
13 shall in all cases set forth fully in his petition the claim,
14 the action thereon, if any, on behalf of the State, what
15 persons are owners thereof or interested therein, when and
16 upon what consideration such persons became so interested;
17 that no assignment or transfer of the claim or any part
18 thereof or interest therein has been made, except as stated
19 in the petition; that the claimant is justly entitled to the
20 amount therein claimed from the State of Illinois, after
21 allowing all just credits; and that claimant believes the
22 facts stated in the petition to be true. The petition shall
23 be verified, as to statements of facts, by the affidavit of
24 the claimant, his agent, or attorney.
25 (b) Whenever a person who has served a term of
26 imprisonment and has been discharged from prison because a
27 court of competent jurisdiction has found that the evidence
28 that resulted in the person's conviction was erroneous or
29 that new evidence indicates that the person did not commit
30 the crime for which he or she was convicted, the clerk of the
31 court of competent jurisdiction must transmit this
32 information to the clerk of the Court of Claims. The clerk
33 of the Court of Claims must immediately docket the case for
-6- LRB9101005RCks
1 consideration by the Court of Claims. The Court of Claims
2 must hear the case and render a decision within 90 days after
3 its docketing. The transmission by the clerk of the court of
4 competent jurisdiction of the information described in this
5 subsection (b) to the clerk of the Court of Claims is
6 conclusive evidence of the validity of the claim.
7 (Source: Laws 1945, p. 660.)
8 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
9 Sec. 22. Every claim cognizable by the Court and not
10 otherwise sooner barred by law shall be forever barred from
11 prosecution therein unless it is filed with the Clerk of the
12 Court within the time set forth as follows:
13 (a) All claims arising out of a contract must be filed
14 within 5 years after it first accrues, saving to minors, and
15 persons under legal disability at the time the claim accrues,
16 in which cases the claim must be filed within 5 years from
17 the time the disability ceases.
18 (b) All claims cognizable against the State by vendors
19 of goods or services under "The Illinois Public Aid Code",
20 approved April 11, 1967, as amended, must file within one
21 year after the accrual of the cause of action, as provided in
22 Section 11-13 of that Code.
23 (c) All claims arising under paragraph (c) of Section 8
24 of this Act must be automatically heard by the court and
25 payment made filed within 120 days 2 years after the person
26 unjustly imprisoned asserting such claim is discharged from
27 prison without the person unjustly imprisoned being required
28 to file a petition under Section 11 of this Act , or is
29 granted a pardon by the Governor, whichever occurs later,
30 except as otherwise provided by the Crime Victims
31 Compensation Act.
32 (d) All claims arising under paragraph (f) of Section 8
33 of this Act must be filed within one year of the date of the
-7- LRB9101005RCks
1 death of the law enforcement officer or fireman as provided
2 in Section 3 of the "Law Enforcement Officers and Firemen
3 Compensation Act", approved September 30, 1969, as amended.
4 (e) All claims arising under paragraph (h) of Section 8
5 of this Act must be filed within one year of the date of the
6 death of the guardsman or militiaman as provided in Section 3
7 of the "Illinois National Guardsman's and Naval Militiaman's
8 Compensation Act", approved August 12, 1971, as amended.
9 (f) All claims arising under paragraph (g) of Section 8
10 of this Act must be filed within one year of the crime on
11 which a claim is based as provided in Section 6.1 of the
12 "Crime Victims Compensation Act", approved August 23, 1973,
13 as amended.
14 (g) All claims arising from the Comptroller's refusal to
15 issue a replacement warrant pursuant to Section 10.10 of the
16 State Comptroller Act must be filed within 5 years after the
17 issue date of such warrant.
18 (h) All other claims must be filed within 2 years after
19 it first accrues, saving to minors, and persons under legal
20 disability at the time the claim accrues, in which case the
21 claim must be filed within 2 years from the time the
22 disability ceases.
23 (i) The changes made by this amendatory Act of 1989
24 shall apply to all warrants issued within the 5 year period
25 preceding the effective date of this amendatory Act of 1989.
26 (j) All time limitations established under this Act and
27 the rules promulgated under this Act shall be binding and
28 jurisdictional, except upon extension authorized by law or
29 rule and granted pursuant to a motion timely filed.
30 (Source: P.A. 86-458.)
31 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
32 Sec. 24. Payment of claims.
33 (a) From funds appropriated by the General Assembly for
-8- LRB9101005RCks
1 the purposes of this Section the Court may direct immediate
2 payment of:
3 (1) (a) All claims arising solely as a result of
4 the lapsing of an appropriation out of which the
5 obligation could have been paid.
6 (2) (b) All claims pursuant to the "Law Enforcement
7 Officers and Firemen Compensation Act", approved
8 September 30, 1969, as amended.
9 (3) (c) All claims pursuant to the "Illinois
10 National Guardsman's and Naval Militiaman's Compensation
11 Act", approved August 12, 1971, as amended.
12 (4) (d) All claims pursuant to the "Crime Victims
13 Compensation Act", approved August 23, 1973, as amended.
14 (5) (e) All other claims wherein the amount of the
15 award of the Court is less than $5,000.
16 (b) From funds appropriated by the General Assembly for
17 the purposes of paying claims under paragraph (c) of Section
18 8, the court must direct payment of each claim within 120
19 days after discharge from prison of the person who has
20 unjustly served time in a prison of this State.
21 (Source: P.A. 90-492, eff. 8-17-97.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.