Illinois House Bill 2881 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: Failed on December 3 2014 - 100% progression
Action: 2014-12-03 - Session Sine Die
Text: Latest bill text (Engrossed) [HTML]

Amends the Civil Practice Law of the Code of Civil Procedure. Provides that if a person is released from prison after his or her judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, either he or she was found not guilty at the new trial or he or she was not retried and the indictment or information dismissed; or the statute, or application thereof, on which the indictment or information was based was unconstitutional; the court shall sua sponte enter a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. Provides that a certificate issued under the new provisions shall be provided to an eligible person upon release from prison, or shall be made available for pickup from the clerk of the circuit court. Provides that upon entry of the certificate: (1) the clerk of the court shall transmit a copy of the certificate to the clerk of the Court of Claims; and (2) the court shall enter an order expunging or sealing the record of arrest and directing that the records of the clerk of the circuit court and Department of State Police be sealed, and that the name of the defendant be obliterated from the official index requested to be kept by the circuit court clerk in connection with the arrest and conviction for the offense, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Provides that nothing in the new provisions may be construed as preventing a person from filing a petition under the Section allowing a person to file a petition for a certificate of innocence. Makes corresponding changes.

CIV PRO-INNOCENCE CERTIFICATE

Rep. Monique Davis [D]	Rep. Barbara Currie [D]	Rep. Barbara Currie [D]	Rep. Dennis Reboletti [R]
Rep. Dennis Reboletti [R]	Rep. Mary Flowers [D]

Date	Chamber	Action
2014-12-03	House	Session Sine Die
2013-04-19	House	Rule 19(a) / Re-referred to Rules Committee
2013-04-10	House	House Floor Amendment No. 2 Recommends Be Adopted Judiciary; 011-001-000
2013-04-10	House	Second Reading - Short Debate
2013-04-08	House	Added Chief Co-Sponsor Rep. Mary E. Flowers
2013-04-08	House	Held on Calendar Order of Second Reading - Short Debate
2013-04-08	House	Recalled to Second Reading - Short Debate
2013-04-08	House	Placed on Calendar Order of 3rd Reading - Short Debate
2013-04-08	House	Second Reading - Short Debate
2013-04-08	House	House Floor Amendment No. 2 Rules Refers to Judiciary
2013-03-22	House	Added Chief Co-Sponsor Rep. Dennis M. Reboletti
2013-03-22	House	Added Chief Co-Sponsor Rep. Barbara Flynn Currie
2013-03-22	House	House Floor Amendment No. 2 Referred to Rules Committee
2013-03-22	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Monique D. Davis
2013-03-20	House	Placed on Calendar 2nd Reading - Short Debate
2013-03-20	House	House Committee Amendment No. 1 Tabled Pursuant to Rule 40
2013-03-20	House	Do Pass / Short Debate Judiciary; 014-000-000
2013-03-20	House	House Committee Amendment No. 1 Rules Refers to Judiciary
2013-03-19	House	House Committee Amendment No. 1 Referred to Rules Committee
2013-03-19	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Monique D. Davis
2013-03-04	House	Assigned to Judiciary
2013-02-26	House	Referred to Rules Committee
2013-02-26	House	First Reading
2013-02-25	House	Filed with the Clerk by Rep. Monique D. Davis

Chapter	Article	Section	Citation Type	Statute Text
20	1015	2	Amended Code	Citation Text
705	505	11	Amended Code	Citation Text
705	505	22	Amended Code	Citation Text
705	505	8	Amended Code	Citation Text
730	5	3-1-2	Amended Code	Citation Text
735	5	2-702.5	New Code	See Bill Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2881&GAID=12&DocTypeID=HB&SessionID=85&GA=98
Text	https://www.ilga.gov/legislation/98/HB/09800HB2881.htm
Text	https://www.ilga.gov/legislation/98/HB/09800HB2881ham001.htm
Text	https://www.ilga.gov/legislation/98/HB/09800HB2881ham002.htm
Text	https://www.ilga.gov/legislation/98/HB/09800HB2881eng.htm