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HB 3663

COURT OF CLAIMS-AWARDS

104th Regular Session Introduced by Mike Crawford and 7 co-sponsors

Expands Court of Claims authority to award compensation for time wrongly served and parole/probation, plus fees, with phased payments and broader eligibility for innocence certific

Passed Both Houses
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Bill Summary · HB 3663

Summary — HB 3663 (COURT OF CLAIMS — AWARDS)

Status: Introduced 3/4/2025; passed House (114–0); arrived in Senate; Senate Committee Amendment filed (Sen. Elgie R. Sims, Jr.); referred to Appropriations. Companion: SB 1532. Effective immediately upon enactment.

Purpose / Intent

HB 3663 revises the Court of Claims Act and related provisions of the Code of Civil Procedure to (1) clarify and expand the Court of Claims’ exclusive jurisdiction over claims for time unjustly served, (2) establish statutory awards for wrongfully incarcerated/ supervised individuals, (3) expand eligibility to seek a certificate of innocence, and (4) specify payment/attorney-fee rules and filing deadlines.

Key provisions

  • Jurisdiction: Confirms the Court of Claims has exclusive jurisdiction to hear claims for time unjustly served by persons who were (a) pardoned by the Governor on the ground of actual innocence or (b) awarded a certificate of innocence by a circuit court.

  • Statutory awards:

    • $50,000 per calendar year (prorated for partial years) for time wrongfully incarcerated in State prison, county jail, county juvenile detention facility, or Illinois Youth Center (including pretrial incarceration).
    • $25,000 per calendar year (prorated) for time wrongfully on parole or probation or required to register as a sex offender.

  • Attorney fees and costs:

    • The bill requires an additional award of reasonable attorney’s fees, costs, and expenses tied to the certificate of innocence process.
    • The Senate amendment limits recoverable attorney fees by tiered percentages (declining with longer incarceration) and bars collection in excess of the statutory fee award.

  • Payment schedule for large awards (Senate amendment):

    • Awards ≤ $1,000,000: paid from the State fiscal year in which the award is entered.
    • Awards > $1,000,000 and < $1,300,000: $1,000,000 paid in award year; remainder paid in next fiscal year.
    • Awards ≥ $1,300,000: $1,000,000 paid in award year; remainder paid in equal installments over the next 3 fiscal years.

  • Certificate of innocence / CCP changes:

    • Broadens who may seek a certificate of innocence to any person convicted or adjudicated delinquent who served any portion of incarceration, parole, probation, or sex-offender registration for felony(ies) they did not commit.
    • Directs the court to award reasonable attorney's fees, costs, and expenses upon issuing a certificate.
    • Sets filing deadlines for petitions based on juvenile dismissals or acquittals (4 years after effective date for pre-effective dismissals/acquittals; 2 years after dismissal/acquittal if on/after effective date).

  • Applicability: The bill specifies that its changes apply to claims pending or filed on or after the bill’s effective date.

Who is affected

  • Wrongfully convicted persons (including those adjudicated delinquent) who served time, were on supervision, or required to register as sex offenders.
  • Attorneys representing certificate-of-innocence and Court of Claims claimants (fee rules change).
  • State of Illinois — potential increased liabilities and multi-year appropriation impacts; reflected by referral to Appropriations.

Procedural notes / timeline

  • Passed the House and transmitted to the Senate (arrived 4/10/2025).
  • Senate Committee Amendment No. 1 filed 5/26/2025; the measure was assigned to Appropriations and subject to rule re-referrals. Sponsors and co-sponsors were updated through Oct 2025.
  • Because the bill creates or modifies payable awards against the State, the Senate amendment includes phased payment language to address fiscal-year funding.

Compiled from official sources — confirm details with the bill’s official record.

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