Bill Text: IL HB2881 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2881 Detail]

Download: Illinois-2013-HB2881-Amended.html

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Rep. Monique D. Davis

Filed: 3/22/2013

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AMENDMENT TO HOUSE BILL 2881
AMENDMENT NO. ______. Amend House Bill 2881 on page 14,
line 26 by changing "702.5" to "2-702.5"; and
on page 15, by replacing lines 7 through 24 with the following:
(735 ILCS 5/2-702.5 new)
Sec. 2-702.5. Automatic issuance of certificate of
innocence.
(a) 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 if:
(1) on the basis of DNA evidence or other substantive
evidence, the person is released from prison after his or
her judgment of conviction was reversed or vacated, and the
indictment or information was dismissed; or
(2) either (A) a new trial was ordered, at which the
person was found not guilty at the new trial on the basis

09800HB2881ham002 - 2 - LRB098 10016 HEP 43766 a
of DNA evidence or other substantive evidence; or (B) the
person was not retried and the indictment or information
was dismissed on the basis of DNA evidence or other
substantive evidence.
(b) The State's Attorney shall be given notice that the
court will be entering a certificate of innocence. If the
State's Attorney fails to file an objection within 60 days, the
certificate of innocence shall be issued by the court. If the
State's Attorney files an objection, the court shall hear
evidence on whether the certificate of innocence should be
granted.
(c) The court may not issue the person a certificate of
innocence if the State's Attorney files an objection to the
issuance of the certificate of innocence and shows by a
preponderance of the evidence that the person is ineligible for
a certificate of innocence under this Section.
(d) A person is ineligible for a certificate of innocence
under this Section if:
(1) the person is released from prison after his or her
judgment of conviction was reversed or vacated and the
indictment or information was dismissed on the basis of
technical grounds; or
(2) either (A) a new trial was ordered, at which the
person was found not guilty at the new trial on the basis
of technical grounds; or (B) the person was not retried and
the indictment or information was dismissed on the basis of

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technical grounds.
(e) A certificate of innocence issued under this Section
shall be provided to an eligible person upon his or her release
from prison, or shall be made available for pickup from the
clerk of the circuit court within a reasonable time after the
person's release from prison.
(f) Upon entry of the certificate of innocence: (i) the
clerk of the court shall transmit a copy of the certificate of
innocence to the clerk of the Court of Claims, together with
the claimant's current address; and (ii) the court shall enter
an order expunging or sealing the record of arrest from the
official records of the arresting authority and directing that
the records of the clerk of the circuit court and Department of
State Police be sealed until further order of the court upon
good cause shown or as otherwise provided by law, and that the
name of the defendant be obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act 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.
(g) Nothing in this Section may be construed as preventing
a person from filing a petition under Section 2-702 of this
Code."; and
by deleting page 16.