Bill Text: IL HB1015 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Code of Civil Procedure. Provides that a petition for a certificate of innocence shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than innocent of the offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of for those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that in order to obtain a certificate of innocence, the petitioner must prove by a preponderance of the evidence that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that the changes made by the amendatory Act apply to petitions filed on and after September 22, 2008.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Engrossed) 2024-01-29 - Added as Alternate Chief Co-Sponsor Sen. Adriane Johnson [HB1015 Detail]

Download: Illinois-2023-HB1015-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-702 as follows:
(735 ILCS 5/2-702)
Sec. 2-702. Petition for a certificate of innocence that
the petitioner was innocent of all offenses for which he or she
was incarcerated.
(a) The General Assembly finds and declares that innocent
persons who have been wrongly convicted of crimes in Illinois
and subsequently imprisoned have been frustrated in seeking
legal redress due to a variety of substantive and technical
obstacles in the law and that such persons should have an
available avenue to obtain a finding of innocence so that they
may obtain relief through a petition in the Court of Claims.
The General Assembly further finds misleading the current
legal nomenclature which compels an innocent person to seek a
pardon for being wrongfully incarcerated. It is the intent of
the General Assembly that the court, in exercising its
discretion as permitted by law regarding the weight and
admissibility of evidence submitted pursuant to this Section,
shall, in the interest of justice, give due consideration to

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difficulties of proof caused by the passage of time, the death
or unavailability of witnesses, the destruction of evidence or
other factors not caused by such persons or those acting on
their behalf.
(b) Any person convicted and subsequently imprisoned for
one or more felonies by the State of Illinois which he or she
did not commit may, under the conditions hereinafter provided,
file a petition for certificate of innocence in the circuit
court of the county in which the person was convicted. The
petition shall request a certificate of innocence finding that
the petitioner was innocent of all offenses for which he or she
was incarcerated.
(c) In order to present the claim for certificate of
innocence of an unjust conviction and imprisonment, the
petitioner must attach to his or her petition documentation
demonstrating that:
(1) he or she has been convicted of one or more
felonies by the State of Illinois and subsequently
sentenced to a term of imprisonment, and has served all or
any part of the sentence; and
(2) 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

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information was based violated the Constitution of the
United States or the State of Illinois; and
(3) his or her claim is not time barred by the
provisions of subsection (i) of this Section.
(d) The petition shall state facts in sufficient detail to
permit the court to find that the petitioner is likely to
succeed at trial in proving that the petitioner is innocent of
the alleged offenses for which he or she was convicted charged
in the indictment or information or his or her acts or
omissions for which he or she was convicted charged in the
indictment or information did not constitute a felony or
misdemeanor against the State of Illinois, and the petitioner
did not by his or her own conduct voluntarily cause or bring
about his or her conviction. The petition shall be verified by
the petitioner.
(e) A copy of the petition shall be served on the Attorney
General and the State's Attorney of the county where the
conviction was had. The Attorney General and the State's
Attorney of the county where the conviction was had shall have
the right to intervene as parties.
(f) In any hearing seeking a certificate of innocence, the
court may take judicial notice of prior sworn testimony or
evidence admitted in the criminal proceedings related to the
convictions which resulted in the alleged wrongful
incarceration, if the petitioner was either represented by
counsel at such prior proceedings or the right to counsel was

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knowingly waived.
(g) In order to obtain a certificate of innocence the
petitioner must prove by a preponderance of evidence that:
(1) the petitioner was convicted of one or more
felonies by the State of Illinois and subsequently
sentenced to a term of imprisonment, and has served all or
any part of the sentence;
(2)(A) the judgment of conviction was reversed or
vacated, and the indictment or information dismissed or,
if a new trial was ordered, either the petitioner was
found not guilty at the new trial or the petitioner was not
retried and the indictment or information dismissed; or
(B) the statute, or application thereof, on which the
indictment or information was based violated the
Constitution of the United States or the State of
Illinois;
(3) the petitioner is innocent of the alleged offenses
for which he or she was convicted charged in the
indictment or information or his or her acts or omissions
for which he or she was convicted charged in the
indictment or information did not constitute a felony or
misdemeanor against the State; and
(4) the petitioner did not by his or her own conduct
voluntarily cause or bring about his or her conviction.
(h) If the court finds that the petitioner is entitled to a
judgment, it shall enter a certificate of innocence finding

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that the petitioner was innocent of all offenses for which he
or she was incarcerated. Upon entry of the certificate of
innocence or pardon from the Governor stating that such pardon
was issued on the ground of innocence of the crime for which he
or she was imprisoned, (1) 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 (2) the court shall enter an order expunging the
record of arrest from the official records of the arresting
authority and order that the records of the clerk of the
circuit court and the Illinois State Police be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
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. The
court shall enter the expungement order regardless of whether
the petitioner has prior criminal convictions.
All records sealed by the Illinois State Police may be
disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, the court upon
a later arrest for the same or similar offense, or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of

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Corrections shall have access to all sealed records of the
Department pertaining to that individual.
Upon entry of the order of expungement, the clerk of the
circuit court shall promptly mail a copy of the order to the
person whose records were expunged and sealed.
(i) Any person seeking a certificate of innocence under
this Section based on the dismissal of an indictment or
information or acquittal that occurred before the effective
date of this amendatory Act of the 95th General Assembly shall
file his or her petition within 2 years after the effective
date of this amendatory Act of the 95th General Assembly. Any
person seeking a certificate of innocence under this Section
based on the dismissal of an indictment or information or
acquittal that occurred on or after the effective date of this
amendatory Act of the 95th General Assembly shall file his or
her petition within 2 years after the dismissal.
(j) The decision to grant or deny a certificate of
innocence shall be binding only with respect to claims filed
in the Court of Claims and shall not have a res judicata effect
on any other proceedings.
(k) The changes to this Section made by this amendatory
Act of the 103rd General Assembly apply to petitions filed on
and after September 22, 2008.
(Source: P.A. 102-538, eff. 8-20-21.)