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HB 3817

Relating to ibogaine.

2025 Regular Session Introduced by Willy Chotzen and 8 co-sponsors

HB3817 tightens certificates of innocence: petitions must prove innocence of actual convictions by preponderance, retroactive to 2008 filings.

In committee upon adjournment.
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Bill Summary · HB 3817

Summary — HB 3817 (104th General Assembly)

Status: In committee upon adjournment
Introduced: Feb 18, 2025 (filed March 5, 2025) by Rep. Michael Crawford
Subject (bill text): Amendments to the Code of Civil Procedure (735 ILCS 5/2‑702) — petitions for a certificate of innocence

Note: The bill header/title shown as “Relating to ibogaine” appears to be a clerical mismatch. The text of the bill amends Section 2‑702 of the Illinois Code of Civil Procedure regarding certificates of innocence for persons wrongfully convicted.

Purpose / Intent

HB 3817 clarifies and modifies the statutory requirements and proof standards for obtaining a certificate of innocence under 735 ILCS 5/2‑702. It is intended to provide a clearer avenue for persons who were convicted and imprisoned for crimes they did not commit to obtain a judicial finding of innocence and attendant relief.

Key provisions and changes

  • Petition content: Requires a petition to state facts in sufficient detail to permit the court to find the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which the petitioner was convicted (language replaces prior reference to offenses “charged in the indictment or information”).
  • Attached documentation: The petitioner must attach proof that (1) they were convicted of one or more felonies, imprisoned and served all or part of the sentence; (2) the conviction was reversed or vacated and the indictment/information dismissed, or a retrial resulted in acquittal or was not held, or the statute/application violated the U.S. or Illinois Constitution; and (3) the claim is not time‑barred per subsection (i).
  • Proof standard: The petitioner must prove by a preponderance of the evidence that they are innocent of the alleged offenses for which they were convicted (again, shifting focus from offenses “charged” to offenses “for which the petitioner was convicted”) or that the acts/omissions for which they were convicted did not constitute a felony or misdemeanor under Illinois law.
  • Judicial notice and evidentiary considerations: The court may take judicial notice of prior sworn testimony or evidence from related criminal proceedings (if the petitioner had counsel or knowingly waived counsel). The bill also directs courts to consider—“in the interest of justice”—evidentiary difficulties caused by passage of time, unavailable witnesses, destruction of evidence, etc.
  • Relief on success: If the court issues a certificate of innocence, the clerk must transmit a copy to the Court of Claims and the court must order expungement/sealing of arrest and conviction records and other related record‑clearing measures (consistent with existing statutory relief language).
  • Applicability: The bill specifies that the amendments apply to petitions filed on and after September 22, 2008.

Who is affected

  • Primary: Persons previously convicted and imprisoned in Illinois who seek a judicial certificate of innocence (wrongful conviction claimants).
  • Secondary: Circuit courts, the Attorney General, county State’s Attorneys (who may be served and may intervene), the Court of Claims, arresting authorities, clerks of court, and the Illinois State Police (records management/expungement).
  • Indirect: Victims, witnesses, and prosecutors affected by intervening litigation or evidentiary rulings.

Procedural / timeline notes

  • Bill actions: First reading Feb 18, 2025; filed March 5, 2025; referred among several committees (Rules, Behavioral Health & Health Care, State Affairs); public hearing held March 13, 2025; work session April 8, 2025; recommended do pass with amendments April 16, 2025 and referred to Ways & Means; read first time March 26, 2025; in committee upon adjournment as of June 28, 2025.
  • Retroactivity clause: The bill expressly covers petitions filed on or after September 22, 2008, creating retrospective application to cases filed since that date.

Effect / practical impact

  • Clarifies that the relevant inquiry is innocence of the offenses for which a person was actually convicted (rather than merely the charges originally filed), which may tighten or better focus judicial review in certificate proceedings.
  • Codifies that petitioners must meet a preponderance standard on that conviction‑specific question.
  • Reinforces evidentiary flexibility by instructing courts to consider difficulties due to time and unavailable evidence.
  • If enacted, the bill would affect pending and future certificate petitions (subject to the retroactivity clause) and could change the framing and success prospects of innocence petitions.

If you want, I can: (1) compare this draft against current statutory text of 735 ILCS 5/2‑702 to highlight exact differences, or (2) prepare a short explainer of how this change might affect specific wrongful‑conviction claim scenarios.

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

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