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IL SB3502
Bill
Status
1/13/2021
Primary Sponsor
William Cunningham
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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