Illinois 102nd Regular Session Status: Passed House 3 D cosponsors

HB 86 — CRT CLAIMS-UNJUST IMPRISONMENT

Last action — Session Sine Die

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Amends the Court of Claims Act. Provides that if a person who has been granted a pardon or issued a certificate of innocence establishes that he or she plead guilty due to a forced confession, the Court of Claims shall make an award of $50,000 per year the person was wrongfully imprisoned and attorney's fees not exceeding 25% of the award granted. Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination of the award and that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Provides that the court shall annually adjust the awards authorized by the new provisions to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. Makes corresponding changes. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date. Fiscal Note (Court of Claims) House Bill 86 could have a cost to the State of Illinois, however no dollar estimate can be given. Under the current statute, award amounts for innocent individuals that were incarcerated are in three tiers, with maximum payouts based on the length of incareration. Each tier could be affected by this amendment, which allows payment of $50,000.00 per year in cases involving coerced confessions. It is not possible to forecast the number of future innocence claims that may be received by the Court of Claims, nor the lengths of incarceration or circumstances surrounding any individual future claim. The Court received approximately 50 certificates in fiscal year 2020 and, to date, over 70 certificates in fiscal year 2021. House Floor Amendment No. 3 Adds an immediate effective date.

Bill Text

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Session Sine Die

  2. Rule 3-9(a) / Re-referred to Assignments

  3. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  4. Assigned to Appropriations

  5. Alternate Chief Sponsor Changed to Sen. Patricia Van Pelt

  6. Referred to Assignments

  7. First Reading

  8. Chief Senate Sponsor Sen. Jacqueline Y. Collins

  9. Placed on Calendar Order of First Reading April 22, 2021

  10. Arrive in Senate

  11. Third Reading - Short Debate - Passed 117-000-000

  12. Placed on Calendar Order of 3rd Reading - Short Debate

  13. House Floor Amendment No. 3 Adopted

  14. Held on Calendar Order of Second Reading - Short Debate

  15. Removed from Consent Calendar Status Rep. Dan Brady

  16. Held on Calendar Order of Second Reading - Consent Calendar

  17. Second Reading - Consent Calendar

  18. Added Co-Sponsor Rep. Elizabeth Hernandez

  19. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000

  20. House Floor Amendment No. 3 Referred to Rules Committee

  21. House Floor Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers

  22. House Committee Amendment No. 2 Tabled Pursuant to Rule 40

  23. Placed on Calendar 2nd Reading - Consent Calendar

  24. Do Pass as Amended / Consent Calendar Judiciary - Criminal Committee; 019-000-000

  25. House Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote

  26. House Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee

  27. Fiscal Note Filed

  28. House Committee Amendment No. 2 Referred to Rules Committee

  29. House Committee Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers

  30. House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee

  31. Added Chief Co-Sponsor Rep. Carol Ammons

  32. House Committee Amendment No. 1 Referred to Rules Committee

  33. House Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers

  34. Assigned to Judiciary - Criminal Committee

  35. Added Co-Sponsor Rep. Rita Mayfield

  36. Referred to Rules Committee

  37. First Reading

  38. Filed with the Clerk by Rep. Mary E. Flowers

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 177 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democrat 53001
Republican 26000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ozinga — Yea
Batinick — Yea
Ramirez — Yea
Bennett — Yea
Bos — Yea
Bourne — Yea
Robinson — Yea
Harris — Yea
Brady — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Sommer — Yea
Hurley — Yea
Caulkins — Yea
Jones — Yea
Conroy — Yea
Stoneback — Yea
Luft — Yea
D'Amico — Yea
Davis — Yea
Marron — Yea
Demmer — Yea
Welter — Yea
Mazzochi — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Zalewski — Yea
Greenwood — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Not Voting
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Jackie Haas Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
Martin McLaughlin Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Seth Lewis Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 86 do?
Amends the Court of Claims Act. Provides that if a person who has been granted a pardon or issued a certificate of innocence establishes that he or she plead guilty due to a forced confession, the Court of Claims shall make an award of $50,000 per year the person was wrongfully imprisoned and attorney's fees not exceeding 25% of the award granted. Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination of the award and that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Provides that the court shall annually adjust the awards authorized by the new provisions to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. Makes corresponding changes. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date. Fiscal Note (Court of Claims) House Bill 86 could have a cost to the State of Illinois, however no dollar estimate can be given. Under the current statute, award amounts for innocent individuals that were incarcerated are in three tiers, with maximum payouts based on the length of incareration. Each tier could be affected by this amendment, which allows payment of $50,000.00 per year in cases involving coerced confessions. It is not possible to forecast the number of future innocence claims that may be received by the Court of Claims, nor the lengths of incarceration or circumstances surrounding any individual future claim. The Court received approximately 50 certificates in fiscal year 2020 and, to date, over 70 certificates in fiscal year 2021. House Floor Amendment No. 3 Adds an immediate effective date.
Who sponsors HB 86?
HB 86 is sponsored by Elizabeth "Lisa" Hernandez (Democrat), Mary E. Flowers, Carol Ammons (Democrat), Rita Mayfield (Democrat), Jacqueline Y. Collins, and Van Pelt.
What is the current status of HB 86?
This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 86?
Track HB 86 free on One Click Politics — get push/email alerts when it moves.

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