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IL SB3682

Bill

Status

Failed

1/13/2021

Primary Sponsor

Elgie Sims

Click for details

Origin

Senate

101st General Assembly

AI Summary

SB3682 Summary

  • Amends the Court of Claims Act to establish a fixed compensation rate of $50,000 per year for persons wrongfully imprisoned who received a gubernatorial pardon on grounds of innocence or a certificate of innocence from circuit court.

  • Requires courts to prorate the $50,000 annual award for partial years of wrongful imprisonment and include time spent awaiting trial in the calculation.

  • Eliminates previous discretionary award amounts that capped compensation at $85,350 for 5 years or less, $170,000 for 6-14 years, and $199,150 for over 14 years of imprisonment.

  • Maintains attorney's fees at no more than 25% of the awarded amount and requires annual adjustment of awards based on the Consumer Price Index with a maximum 5% annual increase.

  • Applies retroactively to all claims pending or filed on or after the effective date of this amending act.

Legislative Description

CLAIMS-WRONGFUL IMPRISONMENT

Last Action

Session Sine Die

1/13/2021

Committee Referrals

Assignments2/14/2020

Full Bill Text

No bill text available