HB1015: CRT CLAIMS-UNJUST IMPRISONMENT

Legislative Summary

Amends the Code of Civil Procedure. Provides that a petition for a certificate of innocence shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than innocent of the offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of for those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that in order to obtain a certificate of innocence, the petitioner must prove by a preponderance of the evidence that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that the changes made by the amendatory Act apply to petitions filed on and after September 22, 2008.