SB 1844

Abstract

Amends the Code of Civil Procedure. Allows a delinquent adjudicated in juvenile court and subsequently imprisoned for one or more felonies by the State which he or she did not commit to file a petition for certificate of innocence in the circuit court of the county in which the delinquent was adjudicated. In a provision regarding the facts that a petitioner must prove by a preponderance of evidence to obtain a certificate of innocence, when proving that the petitioner did not by his or her own conduct cause or bring about (rather than voluntarily cause or bring about) his or her own conviction, provides that a guilty plea or confession does not alone constitute bringing about one's conviction. Makes conforming changes. Senate Committee Amendment No. 1 Changes the phrase "delinquent adjudicated" to "adjudicated delinquent". Removes a change to a provision concerning what a petitioner must prove to obtain a certificate of innocence. Provides that a guilty plea or confession does not alone constitute bringing about one's adjudication.