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HB 3818

Relating to discipline of children in early childhood care.

2025 Regular Session Introduced by Ricki Ruiz

HB 3818 expands who can seek a certificate of innocence and imposes fixed, mandatory damages and fees for those wrongfully convicted.

In committee upon adjournment.
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Bill Summary · HB 3818

HB 3818 — Relating to discipline of children in early childhood care (summary)

Note: Although the bill caption references early childhood care, the operative text shown amends the Court of Claims Act and the Code of Civil Procedure to change remedies for wrongful convictions and to expand access to a certificate of innocence.

Main purpose

HB 3818 revises Illinois law governing state liability and remedies for persons who were wrongfully convicted or adjudicated delinquent, expanding who may seek a certificate of innocence and setting mandatory damage awards and fee recovery when innocence is established.

Key provisions

  • Court of Claims jurisdiction
    • Confirms the Court of Claims has exclusive jurisdiction over claims against the State for time unjustly served by persons who were later pardoned on grounds of innocence or who received a certificate of innocence.
  • Mandatory awards for wrongful deprivation of liberty
    • Replaces the prior discretionary/capped award scheme with fixed statutory awards:
    • $50,000 per year (prorated for partial years) for each year a person was wrongfully incarcerated (state prison or county jail, including pretrial incarceration).
    • $25,000 per year (prorated) for each year a person was wrongfully on parole, wrongfully on intensive supervised probation (ISP), or wrongfully required to register as a sex offender.
    • The Court of Claims shall also award reasonable attorney’s fees, costs, and expenses tied to a certificate of innocence.
    • Changes apply to claims pending or filed on or after the Act’s effective date.
  • Certificate of innocence (Code of Civil Procedure, section 2-702)
    • Expands eligibility to any person convicted or adjudicated delinquent who served any part of a sentence by incarceration, parole, ISP, or sex-offender registration for one or more felonies they did not commit (broadens prior language).
    • Requires the court to award reasonable attorney’s fees, costs, and expenses after granting a certificate of innocence.
    • Filing deadlines for petitions based on juvenile dismissals or acquittals:
    • If dismissal/acquittal occurred before the Act’s effective date: petition must be filed within 4 years after the effective date.
    • If dismissal/acquittal occurs on/after the effective date: petition must be filed within 2 years after the dismissal or acquittal.
  • Effective date: immediate upon enactment.

Who is affected

  • Wrongfully convicted adults and juveniles who were incarcerated, on parole, on ISP, or required to register as sex offenders.
  • Survivors of juvenile adjudications seeking certificates of innocence.
  • The State of Illinois and its budget (potentially increased liability/awards).
  • Court of Claims (increased caseload and mandatory award determinations).

Procedural status / timeline

  • Introduced by Rep. Michael Crawford (filed Feb 7, 2025; first reading Feb 18, 2025).
  • Read first time Mar 26, 2025; referred to committees (Early Childhood and Human Services; Natural Resources; Rules at various steps).
  • Status: In committee upon adjournment (as of June 28, 2025).

Potential impacts (brief)

  • Increases and standardizes compensation to wrongfully affected persons and assures fee recovery, which may increase State expenditures.
  • Lowers legal barriers and expands eligibility for certificates of innocence, likely increasing filings and administrative burden on courts and the Court of Claims.

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

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