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Bill Summary · SB 1621

Summary — SB 1621 (Illinois) — Court of Claims; wrongful conviction awards

Status & sponsors
- Introduced: Feb 4, 2025 (Sen. Elgie R. Sims, Jr.; co-sponsors Sen. Mattie Hunter, Graciela Guzmán, Adriane Johnson, Michael E. Hastings). Companion: HB 4911.
- Legislative history included committee and floor action; enrolled and presented to the Governor. (The bill text indicates it is effective immediately; the statute also makes the new awards apply to claims pending or filed on or after the act’s effective date.)

Purpose
- To standardize and increase statutory compensation for persons wrongfully convicted or adjudicated delinquent in Illinois, to expand eligibility for a certificate of innocence, and to ensure recovery of attorney fees and costs when a certificate is granted.

Key provisions
1. Court of Claims jurisdiction
- Confirms exclusive Court of Claims jurisdiction over claims against the State for "time unjustly served" by persons who were unjustly convicted/adjudicated and later pardoned on grounds of innocence or who received a certificate of innocence.

  1. Prescribed award amounts (replaces prior discretionary/capped award language)

    • $50,000 per year (prorated for partial years) for each year wrongfully incarcerated (including pretrial custody).
    • $25,000 per year (prorated) for each year wrongfully on parole or probation or required to register as a sex offender.
    • The court also shall award reasonable attorney’s fees, costs, and expenses (amount to be determined by the circuit court after issuance of a certificate of innocence).

  2. Certificate-of-innocence process (Code of Civil Procedure changes)

    • Expands who may petition for a certificate of innocence to any person convicted or adjudicated delinquent who then served any part of a sentence of incarceration, was on parole/probation, or registered as a sex offender for one or more felonies the person did not commit.
    • Requires award of reasonable attorney’s fees, costs, and expenses following issuance of a certificate.

  3. Filing deadlines for certain juvenile-based claims

    • For petitions based on dismissal of a juvenile delinquency petition or an acquittal that occurred before the act’s effective date: file within 4 years after the effective date.
    • For dismissals/acquittals occurring on/after the effective date: file within 2 years after the dismissal or acquittal.

  4. Applicability

    • The Court of Claims amendments apply to claims pending or filed on or after the act’s effective date.

Who is affected
- Wrongfully convicted adults and juveniles in Illinois who received a gubernatorial pardon on innocence grounds or a court-issued certificate of innocence.
- Attorneys who represent successful petitioners (now eligible for court-awarded fees).
- The State of Illinois (potentially increased fiscal exposure for compensation and fees).

Potential impact
- Creates predictable, statutory per‑year awards that may increase total compensation relative to previous discretionary limits/caps.
- Likely to increase the value and number of claims filed with the Court of Claims and increase State expenditures for awards and attorney fees.
- Expands access to certificates of innocence and financial relief for those wrongly convicted or adjudicated.

For more detail
- See amendments to: Court of Claims Act (705 ILCS 505/8 and /11) and Code of Civil Procedure (735 ILCS 5/2‑702) as set out in the bill text.

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

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