IL HB1015

Amends the Code of Civil Procedure to allow persons wrongly convicted and imprisoned for felonies in Illinois to petition for a certificate of innocence in circuit court.

Petitioner must prove by preponderance of evidence that their conviction was reversed/vacated with charges dismissed, they were acquitted at retrial, or the statute violated the U.S. or Illinois Constitution, and that they did not voluntarily cause their own conviction.

Upon entry of a certificate of innocence, the court must expunge the arrest record, seal records with the circuit court clerk and Illinois State Police, and transmit the certificate to the Court of Claims to enable the person to seek compensation.

Petitioners with dismissals or acquittals before the effective date of the 95th General Assembly amendments have 2 years to file; those occurring after have 2 years from the dismissal date to file.

The certificate of innocence decision binds only Court of Claims claims and has no res judicata effect on other proceedings.