IllinoisHB3663104th General Assembly (2025–2026)HouseWALLET

COURT OF CLAIMS-AWARDS

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.

judiciary - criminalassignmentsappropriationsexecutive

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Compensation and fee limits for exonerated people

People wrongfully convicted or found delinquent can receive compensation with an innocence-based Governor’s pardon or a court certificate of innocence. Annual maximums are $50,000 for wrongful incarceration and $25,000 for wrongful parole, probation, or required sex-offender registration. Partial years are prorated, and custody time on a companion charge from the same case is deducted. Maximums rise with inflation, subject to a 5% annual increase limit. Court-approved attorney fees, costs, and expenses are capped at 25% of the award for incarceration of three years or less; 15% for more than three but less than ten years; and 10% for ten years or more.

Exonerated people get covered records cleared

An innocence certificate or an innocence-based Governor’s pardon triggers clearing of the covered arrest record. The law also requires sealing related court and Illinois State Police records and removing the person’s name from the official index. This relief covers wrongful convictions and juvenile findings of delinquency. It applies even when the person has other convictions or juvenile findings.

More people can seek innocence certificates

People convicted of Illinois felonies or found delinquent can seek innocence certificates after incarceration, parole, probation, or required sex-offender registration. They must prove innocence of one or more offenses as more likely than not, without having voluntarily caused the conviction or adjudication. The judgment must be reversed or vacated with dismissal or acquittal, or the law or its application must be unconstitutional. For juvenile dismissals or acquittals before this law took effect, the filing window is four years from its effective date. That window includes people previously denied solely because juvenile cases were excluded; later juvenile dismissals or acquittals carry a two-year deadline.

Larger innocence awards come in installments

Wrongful-conviction awards of $1 million or less are paid in full during the State fiscal year the award is entered. Awards above $1 million but below $1.3 million receive $1 million that year and the balance the next fiscal year. Awards of $1.3 million or more receive $1 million that year. The remaining balance is paid in equal installments over the next three fiscal years.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Elgie R. Sims, Jr.

    Democratic • Senate

  • Justin Slaughter

    Democratic • House

  • Kimberly A. Lightford

    Democratic • Senate

  • Lisa Davis

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Mattie Hunter

    Democratic • Senate

  • Michael Crawford

    Democratic • House

  • Napoleon Harris III

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 529 • No: 39

House vote • 6/1/2026

Motion Prevailed

Yes: 74 • No: 39

House vote • 6/1/2026

Senate Floor Amendment No. 3 House Concurs

Yes: 116 • No: 0

House vote • 6/1/2026

Senate Committee Amendment No. 2 House Concurs

Yes: 116 • No: 0

House vote • 5/31/2026

Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

Senate vote • 5/31/2026

Third Reading - Passed;

Yes: 58 • No: 0

House vote • 5/31/2026

Senate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

Senate vote • 5/29/2026

Senate Floor Amendment No. 3 Recommend Do Adopt Executive;

Yes: 13 • No: 0

Senate vote • 5/6/2026

Do Pass as Amended Executive;

Yes: 13 • No: 0

House vote • 4/9/2025

Third Reading - Short Debate - Passed

Yes: 114 • No: 0 • Other: 1

House vote • 3/18/2025

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 15 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0573

    7/14/2026House
  2. Effective Date July 14, 2026

    7/14/2026House
  3. Governor Approved

    7/14/2026House
  4. Sent to the Governor

    6/8/2026House
  5. Passed Both Houses

    6/1/2026House
  6. 3/5 Vote Required

    6/1/2026House
  7. House Concurs

    6/1/2026House
  8. Senate Floor Amendment No. 3 House Concurs 116-000-000

    6/1/2026House
  9. Senate Committee Amendment No. 2 House Concurs 116-000-000

    6/1/2026House
  10. Motion Prevailed 074-039-000

    6/1/2026House
  11. 3/5 Vote Required

    6/1/2026House
  12. Motion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Maurice A. West, II

    6/1/2026House
  13. Senate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/31/2026House
  14. Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/31/2026House
  15. Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee

    5/31/2026House
  16. Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee

    5/31/2026House
  17. Senate Floor Amendment No. 3 Motion Filed Concur Rep. Justin Slaughter

    5/31/2026House
  18. Senate Committee Amendment No. 2 Motion Filed Concur Rep. Justin Slaughter

    5/31/2026House
  19. Placed on Calendar Order of Concurrence Senate Amendment(s) 2, 3

    5/31/2026House
  20. Arrived in House

    5/31/2026House
  21. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

    5/31/2026Senate
  22. Third Reading - Passed; 058-000-000

    5/31/2026Senate
  23. Placed on Calendar Order of 3rd Reading

    5/31/2026Senate
  24. Senate Floor Amendment No. 3 Adopted; Sims

    5/31/2026Senate
  25. Recalled to Second Reading

    5/31/2026Senate

Bill Text

  • Engrossed

  • Enrolled

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

  • Senate Amendment 3

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