COURT OF CLAIMS-AWARDS

Illinois General Assembly - Full Text of HB3663

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HB3663 - 104th General Assembly

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HB3663 Enrolled
LRB104 09546 JRC 19609 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Court of Claims Act is amended by changing
5
Sections 8 and 11 as follows:

6

(705 ILCS 505/8)

(from Ch. 37, par. 439.8)
7

Sec. 8.
Court of Claims jurisdiction; deliberation
8
periods.
The court shall have exclusive jurisdiction to hear
9
and determine the following matters:
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
14

jurisdiction (i) to hear or determine claims arising under
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
19

appellate court.
20

(b) All claims against the State founded upon any
21

contract entered into with the State of Illinois.
22

(c) All claims against the State for time unjustly
23

served in prisons of this State
, in county jails, in

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1

county juvenile detention facilities, or in Illinois Youth
2

Centers, on parole or probation, or registered as a sex
3

offender
when the person
unjustly convicted or adjudicated
4

a delinquent

imprisoned
received a pardon from the
5

Governor stating that such pardon is issued on the ground
6

of innocence of the crime for which he or she was
convicted
7

or adjudicated a delinquent

imprisoned
or he or she
8

received a certificate of innocence from the Circuit Court
9

as provided in Section 2-702 of the Code of Civil
10

Procedure
. For such claims, the amount of the award is at
11

the discretion of the court; and provided, the court shall
12

make an award of up to $50,000 per calendar year, and
13

prorated for any partial calendar year, during which the
14

person was wrongfully incarcerated in a State prison, in a
15

county jail, in a county juvenile detention facility, or
16

in an Illinois Youth Center, and up to $25,000 for each
17

calendar year, and prorated for any partial calendar year,
18

during which the person was wrongfully on parole or
19

probation or required to register as a sex offender. Any
20

time in custody that was served on a companion charge
21

arising out of the same case shall be deducted from the
22

total award. The court shall direct payment of awards
23

under this subsection as follows:
24

(1) For awards of $1,000,000 or less, the full
25

amount is to be paid with funds from the State fiscal
26

year in which the award was entered.

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1

(2) For awards of more than $1,000,000 but less
2

than $1,300,000, $1,000,000 is to be paid from the
3

State fiscal year in which the award was entered, and
4

the remainder is to be paid in the next fiscal year
5

thereafter.
6

(3) For awards of $1,300,000 or more, $1,000,000
7

is to be paid from the State fiscal year in which the
8

award was entered, and the remainder is to be paid in
9

equal installments over the next 3 fiscal years.
10

The

; provided, the amount of the award is at the
11

discretion of the court; and provided, the court shall
12

make no award in excess of the following amounts: for
13

imprisonment of 5 years or less, not more than $85,350;
14

for imprisonment of 14 years or less but over 5 years, not
15

more than $170,000; for imprisonment of over 14 years, not
16

more than $199,150; and provided further, the court shall
17

fix attorney's fees not to exceed 25% of the award
18

granted. On or after the effective date of this amendatory
19

Act of the 95th General Assembly, the
court shall annually
20

adjust the
maximum
awards
required

authorized
by this
21

subsection (c) to reflect the increase, if any, in the
22

Consumer Price Index For All Urban Consumers for the
23

previous calendar year, as determined by the United States
24

Department of Labor, except that no annual increment may
25

exceed 5%. For the annual adjustments, if the Consumer
26

Price Index decreases during a calendar year, there shall

HB3663 Enrolled
- 4 -
LRB104 09546 JRC 19609 b
1

be no adjustment for that calendar year. The transmission
2

by the Prisoner Review Board or the clerk of the circuit
3

court of the information described in Section 11(b) to the
4

clerk of the Court of Claims is conclusive evidence of the
5

validity of the claim.
The court shall determine
6

reasonable attorney's fees, costs, and expenses for the
7

claimant's attorney not to exceed: (i) 25% of the award
8

for claimants incarcerated 3 years or less; (ii) 15% of
9

the award for claimants incarcerated more than 3 years but
10

less than 10 years; and (iii) 10% of the award for
11

claimants incarcerated 10 years or more. The claimant's
12

attorney may not collect any fees, costs, and expenses in
13

excess of the amounts awarded under this Section.
The
14

changes made by
Public Act 95-970

this amendatory Act of
15

the 95th General Assembly
apply to all claims pending on
16

or filed on or after
September 22, 2008 (
the effective
17

date
of Public Act 95-970)
.
The changes made by this
18

amendatory Act of the 104th General Assembly apply to all
19

claims pending or filed on or after the effective date of
20

this amendatory Act of the 104th General Assembly.

21

(d) All claims against the State for damages in cases
22

sounding in tort, if a like cause of action would lie
23

against a private person or corporation in a civil suit,
24

and all like claims sounding in tort against the Medical
25

Center Commission, the Board of Trustees of the University
26

of Illinois, the Board of Trustees of Southern Illinois

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1

University, the Board of Trustees of Chicago State
2

University, the Board of Trustees of Eastern Illinois
3

University, the Board of Trustees of Governors State
4

University, the Board of Trustees of Illinois State
5

University, the Board of Trustees of Northeastern Illinois
6

University, the Board of Trustees of Northern Illinois
7

University, the Board of Trustees of Western Illinois
8

University, or the Board of Trustees of the Illinois
9

Mathematics and Science Academy; provided, that an award
10

for damages in a case sounding in tort, other than certain
11

cases involving the operation of a State vehicle described
12

in this paragraph, shall not exceed the sum of $2,000,000
13

to or for the benefit of any claimant. The $2,000,000
14

limit prescribed by this Section does not apply to an
15

award of damages in any case sounding in tort arising out
16

of the operation by a State employee of a vehicle owned,
17

leased or controlled by the State. The defense that the
18

State or the Medical Center Commission or the Board of
19

Trustees of the University of Illinois, the Board of
20

Trustees of Southern Illinois University, the Board of
21

Trustees of Chicago State University, the Board of
22

Trustees of Eastern Illinois University, the Board of
23

Trustees of Governors State University, the Board of
24

Trustees of Illinois State University, the Board of
25

Trustees of Northeastern Illinois University, the Board of
26

Trustees of Northern Illinois University, the Board of

HB3663 Enrolled
- 6 -
LRB104 09546 JRC 19609 b
1

Trustees of Western Illinois University, or the Board of
2

Trustees of the Illinois Mathematics and Science Academy
3

is not liable for the negligence of its officers, agents,
4

and employees in the course of their employment is not
5

applicable to the hearing and determination of such
6

claims. The changes to this Section made by this
7

amendatory Act of the 100th General Assembly apply only to
8

claims filed on or after July 1, 2015.
9

The court shall annually adjust the maximum awards
10

authorized by this subsection to reflect the increase, if
11

any, in the Consumer Price Index For All Urban Consumers
12

for the previous calendar year, as determined by the
13

United States Department of Labor. The Comptroller shall
14

make the new amount resulting from each annual adjustment
15

available to the public via the Comptroller's official
16

website by January 31 of every year.
17

(e) All claims for recoupment made by the State of
18

Illinois against any claimant.
19

(f) All claims pursuant to the Line of Duty
20

Compensation Act. A claim under that Act must be heard and
21

determined within one year after the application for that
22

claim is filed with the Court as provided in that Act.
23

(g) All claims filed pursuant to the Crime Victims
24

Compensation Act.
25

(h) All claims pursuant to the Illinois National
26

Guardsman's Compensation Act. A claim under that Act must

HB3663 Enrolled
- 7 -
LRB104 09546 JRC 19609 b
1

be heard and determined within one year after the
2

application for that claim is filed with the Court as
3

provided in that Act.
4

(i) All claims authorized by subsection (a) of Section
5

10-55 of the Illinois Administrative Procedure Act for the
6

expenses incurred by a party in a contested case on the
7

administrative level.
8
(Source: P.A. 100-1124, eff. 11-27-18
.)

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 this
12
Section and subsection (4) of Section 24, the claimant shall
13
in all cases set forth fully in his petition the claim, the
14
action thereon, if any, on behalf of the State, what persons
15
are owners thereof or interested therein, when and upon what
16
consideration such persons became so interested; that no
17
assignment or transfer of the claim or any part thereof or
18
interest therein has been made, except as stated in the
19
petition; that the claimant is justly entitled to the amount
20
therein claimed from the State of Illinois, after allowing all
21
just credits; and that claimant believes the facts stated in
22
the petition to be true. The petition shall be verified, as to
23
statements of facts, by the affidavit of the claimant, his
24
agent, or attorney.
25

(b) Whenever a person has
been convicted or adjudicated a

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1
delinquent

served a term of imprisonment
and has received a
2
pardon by the Governor stating that such pardon was issued on
3
the ground of innocence of the crime for which he or she was
4
convicted or adjudicated a delinquent

imprisoned
, the Prisoner
5
Review Board shall transmit this information to the clerk of
6
the Court of Claims, together with the claimant's current
7
address. Whenever a person
has served a term of imprisonment
8
and
has received a certificate of innocence from the Circuit
9
Court as provided in Section 2-702 of the Code of Civil
10
Procedure, the clerk of the issuing Circuit Court shall
11
transmit this information to the clerk of the Court of Claims,
12
together with the claimant's current address. The clerk of the
13
Court of Claims shall immediately docket the case for
14
consideration by the Court of Claims, and shall provide notice
15
to the claimant of such docketing together with all hearing
16
dates and applicable deadlines. The Court of Claims shall hear
17
the case and render a decision within 90 days after its
18
docketing.
19
(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)

20

Section 10.
The Code of Civil Procedure is amended by
21
changing Section 2-702 as follows:

22

(735 ILCS 5/2-702)
23

Sec. 2-702.
Petition for a certificate of innocence that
24
the petitioner was innocent of all offenses for which he or she

HB3663 Enrolled
- 9 -
LRB104 09546 JRC 19609 b
1
was incarcerated.
2

(a) The General Assembly finds and declares that innocent
3
persons who have been wrongly convicted
or adjudicated
4
delinquent
of crimes in Illinois
and subsequently imprisoned

5
have been frustrated in seeking legal redress due to a variety
6
of substantive and technical obstacles in the law and that
7
such persons should have an available avenue to obtain a
8
finding of innocence so that they may obtain relief through a
9
petition in the Court of Claims. The General Assembly further
10
finds misleading the current legal nomenclature which compels
11
an innocent person to seek a pardon for being wrongfully
12
incarcerated. It is the intent of the General Assembly that
13
the court, in exercising its discretion as permitted by law
14
regarding the weight and admissibility of evidence submitted
15
pursuant to this Section, shall, in the interest of justice,
16
give due consideration to difficulties of proof caused by the
17
passage of time, the death or unavailability of witnesses, the
18
destruction of evidence or other factors not caused by such
19
persons or those acting on their behalf.
20

(b) Any person
who was
convicted
or adjudicated a
21
delinquent
and subsequently
served any part of a sentence of
22
incarceration in a State prison, in a county jail, in a county
23
juvenile detention facility, or in an Illinois Youth Center,
24
on parole or probation, or registered as a sex offender

25
imprisoned
for one or more felonies by the State of Illinois
26
which he or she did not commit may, under the conditions

HB3663 Enrolled
- 10 -
LRB104 09546 JRC 19609 b
1
hereinafter provided, file a petition for certificate of
2
innocence in the circuit court of the county in which the
3
person was convicted
or adjudicated a delinquent
. The petition
4
shall request a certificate of innocence finding that the
5
petitioner was innocent of
one or more

all
offenses for which
6
he or she was
convicted or adjudicated a delinquent

7
incarcerated
.
8

(c) In order to present the claim for certificate of
9
innocence of an unjust conviction
or juvenile delinquency
10
adjudication

and imprisonment
, the petitioner must attach to
11
his or her petition documentation demonstrating that:
12

(1) he or she has been convicted
or adjudicated a
13

delinquent
of one or more felonies by the State of
14

Illinois
and subsequently sentenced to a term of
15

imprisonment
, and has served all or any part of the
16

sentence; and
17

(2) his or her judgment of conviction
or delinquency
18

adjudication
was reversed or vacated, and the
charge

19

indictment or information
dismissed or, if a new trial was
20

ordered, either he or she was found not guilty at the new
21

trial or he or she was not retried and the
charge

22

indictment or information
dismissed; or the statute, or
23

application thereof, on which the
charge

indictment or
24

information
was based violated the Constitution of the
25

United States or the State of Illinois; and
26

(3) his or her claim is not time barred by the

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1

provisions of subsection (i) of this Section.
2

(d) The petition shall state facts in sufficient detail to
3
permit the court to find that the petitioner is likely to
4
succeed at trial in proving that the petitioner is innocent of
5
the
alleged
offenses
for which he or she was convicted or
6
adjudicated a delinquent

charged in the indictment or
7
information or his or her acts or omissions charged in the
8
indictment or information did not constitute a felony or
9
misdemeanor against the State of Illinois
, and the petitioner
10
did not by his or her own conduct voluntarily cause or bring
11
about his or her conviction
or juvenile delinquency
12
adjudication
. The petition shall be verified by the
13
petitioner.
14

(e) A copy of the petition shall be served on the Attorney
15
General and the State's Attorney of the county where the
16
conviction
or juvenile delinquency adjudication
was had. The
17
Attorney General and the State's Attorney of the county where
18
the conviction
or juvenile delinquency adjudication
was had
19
shall have the right to intervene as parties.
20

(f) In any hearing seeking a certificate of innocence, the
21
court may take judicial notice of prior sworn testimony or
22
evidence admitted in the criminal
or juvenile delinquency

23
proceedings related to the convictions
or adjudications
which
24
resulted in the alleged wrongful incarceration, if the
25
petitioner was either represented by counsel at such prior
26
proceedings or the right to counsel was knowingly waived.

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1

(g) In order to obtain a certificate of innocence the
2
petitioner must prove by a preponderance of evidence that:
3

(1) the petitioner was convicted
or adjudicated a
4

delinquent
of one or more felonies by the State of
5

Illinois and subsequently sentenced
to a term of
6

imprisonment
, and has served all or any part of the
7

sentence;
8

(2)(A) the judgment of conviction
or adjudication
was
9

reversed or vacated, and the
charge

indictment or
10

information
dismissed or, if a new trial was ordered,
11

either the petitioner was found not guilty at the new
12

trial or the petitioner was not retried and the
charge

13

indictment or information
dismissed; or (B) the statute,
14

or application thereof, on which the
charge

indictment or
15

information
was based violated the Constitution of the
16

United States or the State of Illinois;
17

(3) the petitioner is innocent
of one or more
of the
18

offenses
for which he or she was convicted or adjudicated
19

a delinquent or his or her acts or omissions for which he
20

or she was convicted or adjudicated a delinquent

charged
21

in the indictment or information or his or her acts or
22

omissions charged in the indictment or information
did not
23

constitute a felony or misdemeanor against the State; and
24

(4) the petitioner did not by his or her own conduct
25

voluntarily cause or bring about his or her conviction
or
26

juvenile delinquency adjudication
.

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1

(h) If the court finds that the petitioner is entitled to a
2
judgment, it shall enter a certificate of innocence finding
3
that the petitioner was innocent of
one or more

all
offenses
4
for which he or she was
convicted or adjudicated a delinquent

5
incarcerated
. Upon entry of the certificate of innocence or
6
pardon from the Governor stating that such pardon was issued
7
on the ground of innocence of the crime for which he or she was
8
convicted or adjudicated a delinquent

imprisoned
, (1) the
9
clerk of the court shall transmit a copy of the certificate of
10
innocence to the clerk of the Court of Claims, together with
11
the claimant's current address; and (2) the court shall enter
12
an order expunging the record of arrest from the official
13
records of the arresting authority and order that the records
14
of the clerk of the circuit court and the Illinois State Police
15
be sealed until further order of the court upon good cause
16
shown or as otherwise provided herein, and the name of the
17
defendant
or respondent in a juvenile delinquency proceeding

18
obliterated from the official index requested to be kept by
19
the circuit court clerk under Section 16 of the Clerks of
20
Courts Act in connection with the arrest and conviction
or
21
delinquency adjudication
for the offense but the order shall
22
not affect any index issued by the circuit court clerk before
23
the entry of the order. The court shall enter the expungement
24
order regardless of whether the petitioner has prior criminal
25
convictions
or delinquency adjudications
.
26

All records sealed by the Illinois State Police may be

HB3663 Enrolled
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LRB104 09546 JRC 19609 b
1
disseminated by the Department only as required by law or to
2
the arresting authority, the State's Attorney, the court upon
3
a later arrest for the same or similar offense, or for the
4
purpose of sentencing for any subsequent felony. Upon
5
conviction for any subsequent offense, the Department of
6
Corrections shall have access to all sealed records of the
7
Department pertaining to that individual.
8

Upon entry of the order of expungement, the clerk of the
9
circuit court shall promptly mail a copy of the order to the
10
person whose records were expunged and sealed. The clerk shall
11
post in the common areas of the courthouse a notice containing
12
information about grants for exonerated persons and their
13
dependents under Section 62 of the Higher Education Student
14
Assistance Act, including the Internet address of the Illinois
15
Student Assistance Commission. The Illinois Student Assistance
16
Commission shall develop a uniform statewide notice and
17
provide the format of the notice to each clerk.
18

(i) Any person seeking a certificate of innocence under
19
this Section based on the dismissal of an indictment or
20
information or acquittal that occurred before
September 22,
21
2008 (
the effective date of
Public Act 95-970)

this amendatory
22
Act of the 95th General Assembly
shall file his or her petition
23
within 2 years after
September 22, 2008 (
the effective date of
24
Public Act 95-970)

this amendatory Act of the 95th General
25
Assembly
. Any person seeking a certificate of innocence under
26
this Section based on the dismissal of an indictment or

HB3663 Enrolled
- 15 -
LRB104 09546 JRC 19609 b
1
information or acquittal that occurred on or after
September
2
22, 2008 (
the effective date of
Public Act 95-970)

this
3
amendatory Act of the 95th General Assembly
shall file his or
4
her petition within 2 years after the dismissal
or acquittal.
5
Any person seeking a certificate of innocence under this
6
Section based on the dismissal of a juvenile delinquency
7
petition or an acquittal on such petition that occurred before
8
the effective date of this amendatory Act of the 104th General
9
Assembly, including a petitioner whose petition was denied
10
solely on the basis that this Section did not formerly apply to
11
juvenile delinquency adjudications, shall file his or her
12
petition within 4 years after the effective date of this
13
amendatory Act of the 104th General Assembly. Any person
14
seeking a certificate of innocence under this Section based on
15
the dismissal of a juvenile delinquency petition or an
16
acquittal on such petition that occurred on or after the
17
effective date of this amendatory Act of the 104th General
18
Assembly shall file his or her petition within 2 years after
19
the dismissal or acquittal
.
20

(j) The decision to grant or deny a certificate of
21
innocence shall be binding only with respect to claims filed
22
in the Court of Claims and shall not have a res judicata effect
23
on any other proceedings.
24
(Source: P.A. 102-538, eff. 8-20-21; 103-1046, eff. 1-1-25
.)

25

Section 99.
Effective date.
This Act takes effect upon
26
becoming law.

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