summary
Introduced
02/07/2025
02/07/2025
In Committee
02/18/2025
02/18/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Civil Procedure. Provides that a petition for a certificate of innocence shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which the person was convicted (rather than innocent of the offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of for those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that in order to obtain a certificate of innocence, the petitioner must prove by a preponderance of the evidence that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that the changes made by the amendatory Act apply to petitions filed on and after September 22, 2008.
AI Summary
This bill amends the Illinois Code of Civil Procedure to modify the process for obtaining a certificate of innocence for individuals who believe they were wrongly imprisoned. The bill changes the language around how petitioners must prove their innocence, shifting from describing innocence based on original charges to focusing on the actual offenses for which they were convicted. Specifically, petitioners must now demonstrate by a "preponderance of evidence" that they are innocent of the specific offenses they were convicted of, rather than the original charges. The bill maintains the existing framework that allows wrongfully imprisoned individuals to seek legal redress, including potential compensation through the Court of Claims. Key requirements include proving that the conviction was reversed or vacated, that the petitioner did not voluntarily cause their own conviction, and that they are innocent of the specific offenses. The bill also preserves provisions for expunging arrest records and sealing court records upon a successful petition. Additionally, the bill includes a time limitation for filing such petitions, requiring them to be submitted within two years of either the dismissal of charges or the effective date of the amendment, depending on when the original case occurred.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/18/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3817&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3817.htm |
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