Illinois HB 3818: COURT OF CLAIMS AWARDS

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104TH GENERAL ASSEMBLY 
State of Illinois 
2025 and 2026
HB3818

Introduced 2/18/2025, by Rep. Michael Crawford 

SYNOPSIS AS INTRODUCED:

705 ILCS 505/8 from Ch. 37, par. 439.8

705 ILCS 505/11 from Ch. 37, par. 439.11

735 ILCS 5/2-702

 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, on parole, on intensive supervised probation, or registered as a sex offender if the person was unjustly convicted and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted 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, wrongfully on intensive supervised probation, or wrongfully 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, on parole, on intensive supervised 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, an