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Sen. Iris Y. Martinez
Filed: 4/22/2015
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| 1 | | AMENDMENT TO SENATE BILL 1813
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1813, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Illinois Torture Inquiry and Relief |
| 6 | | Commission Act is amended by changing Sections 5, 35, and 70 as |
| 7 | | follows:
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| 8 | | (775 ILCS 40/5)
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| 9 | | Sec. 5. Definitions. As used in this Act: |
| 10 | | (1) "Claim of torture" means a claim on behalf of a living
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| 11 | | person convicted of a felony in Illinois asserting that he was
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| 12 | | tortured into confessing to the crime for which the person was
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| 13 | | convicted and the tortured confession was used to obtain the
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| 14 | | conviction and for which there is some credible evidence
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| 15 | | related to allegations of torture occurring within a county of |
| 16 | | more than 3,000,000 inhabitants committed by Commander Jon
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| 1 | | Burge or any officer under the supervision of Jon Burge. |
| 2 | | (2) "Commission" means the Illinois Torture Inquiry and
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| 3 | | Relief Commission established by this Act. |
| 4 | | (3) "Convicted person" means the person making a claim of |
| 5 | | torture under this Act. |
| 6 | | (4) "Director" means the Director of the Illinois Torture
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| 7 | | Inquiry and Relief Commission. |
| 8 | | (5) "Victim" means the victim of the crime, or if the
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| 9 | | victim of the crime is deceased, the next of kin of the victim, |
| 10 | | which shall be the parent, spouse, child, or sibling of the |
| 11 | | deceased victim.
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| 12 | | (Source: P.A. 96-223, eff. 8-10-09.)
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| 13 | | (775 ILCS 40/35)
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| 14 | | Sec. 35. Duties. The Commission shall have the following
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| 15 | | duties and powers:
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| 16 | | (1) To establish the criteria and screening process to
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| 17 | | be used to determine which cases shall be accepted for
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| 18 | | review.
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| 19 | | (2) To conduct inquiries into claims of torture with
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| 20 | | priority to be given to those cases in which the convicted
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| 21 | | person is currently incarcerated solely for the crime to
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| 22 | | which he or she claims torture by Jon Burge or officers
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| 23 | | under his command, or both. |
| 24 | | (3) To coordinate the investigation of cases accepted
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| 25 | | for review. |
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| 1 | | (4) To maintain records for all case investigations. |
| 2 | | (5) To prepare written reports outlining Commission
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| 3 | | investigations and recommendations to the trial court at
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| 4 | | the completion of each inquiry. |
| 5 | | (6) To apply for and accept any funds that may become
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| 6 | | available for the Commission's work from government
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| 7 | | grants, private gifts, donations, or bequests from any
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| 8 | | source.
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| 9 | | (Source: P.A. 96-223, eff. 8-10-09.)
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| 10 | | (775 ILCS 40/70)
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| 11 | | Sec. 70. Filing of claims. This Act applies to claims of |
| 12 | | torture filed not later than 10 5 years after the effective |
| 13 | | date of this Act.
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| 14 | | (Source: P.A. 96-223, eff. 8-10-09.)".
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| 15 | | Section 99. Effective date. This Act takes effect upon |
| 16 | | becoming law.".
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