IllinoisHB3663104th General Assembly (2025–2026)House

COURT OF CLAIMS-AWARDS

Sponsored By: Sponsor information unavailable

Became Law

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

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Money awards for the wrongfully convicted

If you have a Governor’s innocence pardon or a court certificate, the Court of Claims can pay you for wrongful conviction. The court may award up to $50,000 per calendar year you were jailed, and up to $25,000 per year you were on parole, probation, or sex‑offender registration; partial years are prorated and time on companion charges is deducted. Some awards are limited by total caps based on time imprisoned: up to $85,350 (5 years or less), up to $170,000 (over 5 to 14 years), and up to $199,150 (over 14 years). These maximums rise each year with inflation, up to 5% a year. Awards of $1,000,000 or less are paid in the same state fiscal year; more than $1,000,000 but less than $1,300,000 are split over two years; $1,300,000 or more are paid over four years (first $1,000,000 this year, the rest in three equal yearly payments). Attorney fees are capped: up to 25% if you served 3 years or less; 15% if over 3 to 10 years; 10% if 10 years or more.

How to get a certificate of innocence

You may file in the circuit court that convicted you if you were convicted of one or more felonies, served time, and claim actual innocence. You must prove by a preponderance of the evidence that you are innocent, that the conviction was reversed or dismissed or had a constitutional defect, that you served time, and that you did not cause your conviction. Attach records showing the reversal or dismissal and that your claim meets the law’s filing deadlines, and verify the petition under oath. You must serve the Attorney General and the county State’s Attorney; they can join the case. The judge may rely on sworn evidence from the original case if you had a lawyer. If the court grants relief, it issues a certificate of innocence you can use to seek money in the Court of Claims.

State tort claims: where and payout caps

Most money claims against the State must be filed in the Illinois Court of Claims; workers’ compensation cases are excluded. The Court can hear negligence suits against the State and certain university and medical boards, and the State cannot rely on immunity for employee negligence in these cases. Tort awards are capped at $2,000,000 per claimant, but this limit does not apply if a State employee was driving a State‑owned, leased, or controlled vehicle. The maximum is raised each year for inflation, and the Comptroller posts the new amount by January 31.

Faster claims after innocence is proven

When the pardon or certificate of innocence and your address are sent to the Court of Claims, the case is docketed right away. That transmission counts as conclusive proof your claim is valid. The court must hear the case and issue a decision within 90 days after docketing.

Faster line of duty and Guard claims

The Court of Claims must decide Line of Duty Compensation Act and Illinois National Guardsman Compensation Act claims within one year after you apply. This speeds up decisions for these duty‑related benefits.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Elgie R. Sims, Jr.

    Affiliation unavailable

  • Justin Slaughter

    Affiliation unavailable

  • Kimberly A. Lightford

    Affiliation unavailable

  • Lisa Davis

    Affiliation unavailable

  • Mary Edly-Allen

    Affiliation unavailable

  • Mattie Hunter

    Affiliation unavailable

  • Michael Crawford

    Affiliation unavailable

  • Napoleon Harris III

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 529 • No: 39

House vote 6/1/2026

Senate Committee Amendment No. 2 House Concurs

Yes: 116 • No: 0

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 5/31/2026

Senate Floor Amendment No. 3 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 Committee Amendment No. 2 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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