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IL SB3502

Bill

Status

Failed

1/13/2021

Primary Sponsor

William Cunningham

Click for details

Origin

Senate

101st General Assembly

AI Summary

  • Allows any party to intervene and present evidence opposing a person seeking a certificate of innocence, including the State's Attorney, municipality, county, or arresting agency.

  • Permits persons convicted of Illinois felonies they did not commit to petition the circuit court for a certificate of innocence after their conviction is reversed, vacated, dismissed, or they are acquitted at a new trial.

  • Requires petitioner to prove by preponderance of evidence that they were convicted, imprisoned, are innocent of the charges, and did not voluntarily cause their conviction.

  • Upon granting a certificate of innocence, the court must expunge the arrest record and seal records with the circuit court clerk and Department of State Police.

  • Sets a 2-year filing deadline for petitions based on dismissals or acquittals occurring before the law's effective date, and 2 years after dismissal for subsequent cases.

Legislative Description

INNOCENCE CERTIFICATE-OPPOSE

Last Action

Session Sine Die

1/13/2021

Committee Referrals

Assignments4/12/2020
Criminal Law Special Issues3/4/2020
Criminal Law2/25/2020
Assignments2/14/2020

Full Bill Text

No bill text available