Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.
Senate Committee Amendment No. 2: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Deletes provisions that authorize a court to make an additional award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Requires the Court of Claims to direct payments under the Act as follows: (1) For awards of $1,000,000 or less, the full amount is to be paid with funds from the State fiscal year in which the award was entered. (2) For awards of more than $1,000,000 but less than $1,300,000, $1,000,000 is to be paid from the State fiscal year in which the award was entered, and the remainder is to be paid in the next fiscal year thereafter. (3) For awards of $1,300,000 or more, $1,000,000 is to be paid from the State fiscal year in which the award was entered, and the remainder is to be paid in equal installments over the next 3 years. Requires that court to determine reasonable attorney's fees, costs, and expenses for the claimant's attorney not to exceed: (1) 25% of the award for claimants incarcerated 3 years or less; (2) 15% of the award for claimants incarcerated more than 3 years but less than 10 years; and (3) 10% of the award for claimants incarcerated 10 years or more. Effective immediately.
Senate Floor Amendment No. 3: Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following change in the Court of Claims Act. With regard to awards for time unjustly served in prison, in county jail, in county juvenile detention facilities, in Illinois Youth Centers, on parole or probation, or registered as a sex offender when the person unjustly convicted or adjudicated a delinquent received a pardon from the Governor on the grounds of innocence of the crime for which he or she was convicted or adjudicated a delinquent, provides that any time in custody that was served on a companion charge arising out of the same case shall be deducted from the total award. Effective immediately.

Statutes affected:
Introduced: 705 ILCS 505/8, 705 ILCS 505/11, 735 ILCS 5/2
Engrossed: 705 ILCS 505/8, 705 ILCS 505/11, 735 ILCS 5/2
Enrolled: 705 ILCS 505/8, 705 ILCS 505/11, 735 ILCS 5/2