102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2119

 

Introduced 2/26/2021, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 40/5
775 ILCS 40/25
775 ILCS 40/40
775 ILCS 40/45
775 ILCS 40/50
775 ILCS 40/75 new
775 ILCS 40/70 rep.

    Amends the Illinois Torture Inquiry and Relief Commission Act. Changes the definition of "claim of torture" by deleting the requirement that the allegations of torture occur within a county of more than 3,000,000 inhabitants. Defines "torture". Provides that, no later than one year after the effective date, the Commission shall determine the resources necessary to assess the credibility or lack thereof of each claim within 2 years after the date upon the claim was received, and shall make a report of its findings to the Governor and the General Assembly. Repeals a Section providing that the Act applies to claims of torture filed not later than August 10, 2019 (10 years after the effective date of the Act). Makes conforming changes.


LRB102 15319 LNS 20675 b

 

 

A BILL FOR

 

SB2119LRB102 15319 LNS 20675 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Torture Inquiry and Relief
5Commission Act is amended by changing Sections 5, 25, 40, 45,
6and 50 and by adding Section 75 as follows:
 
7    (775 ILCS 40/5)
8    Sec. 5. Definitions. As used in this Act:
9    (1) "Claim of torture" means a claim on behalf of a living
10person convicted of a felony in Illinois asserting that he was
11tortured into confessing to the crime for which the person was
12convicted and the tortured confession was used to obtain the
13conviction and for which there is some credible evidence
14related to allegations of torture occurring within a county of
15more than 3,000,000 inhabitants.
16    (2) "Commission" means the Illinois Torture Inquiry and
17Relief Commission established by this Act.
18    (3) "Convicted person" means the person making a claim of
19torture under this Act.
20    (4) "Director" means the Director of the Illinois Torture
21Inquiry and Relief Commission.
22    (4.5) "Torture" means:
23        Any act by which severe pain or suffering, whether

 

 

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1    physical or mental, is intentionally inflicted on a
2    person.
3        Any pain or suffering that is intentionally inflicted
4    on a person for such purposes as obtaining from that
5    person a confession.
6        Any pain or suffering that is intentionally inflicted
7    on a person for purposes of punishing for a suspected act
8    by that person.
9        Any intimidation or coercion for any reason based on
10    discrimination of any kind.
11    (5) "Victim" means the victim of the crime, or if the
12victim of the crime is deceased, the next of kin of the victim,
13which shall be the parent, spouse, child, or sibling of the
14deceased victim.
15(Source: P.A. 99-688, eff. 7-29-16.)
 
16    (775 ILCS 40/25)
17    Sec. 25. Terms of members; compensation; expenses.
18    (a) Of the initial members, the appointments under clauses
19(a)(3) and (6) of Section 20 shall be for one-year terms, the
20appointments under clauses (a)(1), (2), and (4) of Section 20
21shall be for 2-year terms, and the appointments under clause
22(a)(5) of Section 20 shall be for 3-year terms. Thereafter,
23all terms shall be for 3 years. Members of the Commission shall
24serve no more than 2 consecutive 3-year terms plus any initial
25term of less than 3 years. Unless provided otherwise by this

 

 

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1Act, all terms of members shall begin on January 1 and end on
2December 31.
3    Members serving by virtue of elective or appointive
4office, may serve only so long as the office holders hold those
5respective offices. The Chief Judge of the Cook County Circuit
6Court may remove members for good cause shown. Vacancies
7occurring before the expiration of a term shall be filled in
8the manner provided for the members first appointed.
9    (b) The Commission members shall receive no salary for
10serving, but may be reimbursed for reasonable expenses
11incurred as a result of their duties as members of the
12Commission from funds appropriated by the General Assembly for
13that purpose, or from funds obtained from sources other than
14the General Assembly.
15(Source: P.A. 96-223, eff. 8-10-09.)
 
16    (775 ILCS 40/40)
17    Sec. 40. Claims of torture; waiver of convicted person's
18procedural safeguards and privileges; formal inquiry;
19notification of the crime victim.
20    (a) A claim of torture may be referred to the Commission by
21any court, person, or agency. The Commission shall not
22consider a claim of torture if the convicted person is
23deceased. The determination of whether to grant a formal
24inquiry regarding any other claim of torture is in the
25discretion of the Commission. The Commission may informally

 

 

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1screen and dismiss a case summarily at its discretion.
2    (b) No formal inquiry into a claim of torture shall be made
3by the Commission unless the Director or the Director's
4designee first obtains a signed agreement from the convicted
5person in which the convicted person waives his or her
6procedural safeguards and privileges including but not limited
7to the right against self-incrimination under the United
8States Constitution and the Constitution of the State of
9Illinois, agrees to cooperate with the Commission, and agrees
10to provide full disclosure regarding inquiry requirements of
11the Commission. The waiver under this subsection does not
12apply to matters unrelated to a convicted person's claim of
13torture. The convicted person shall have the right to advice
14of counsel prior to the execution of the agreement and, if a
15formal inquiry is granted, throughout the formal inquiry. If
16counsel represents the convicted person, then the convicted
17person's counsel must be present at the signing of the
18agreement. If counsel does not represent the convicted person,
19the Commission Chair shall determine the convicted person's
20indigency status and, if appropriate, enter an order for the
21appointment of counsel for the purpose of advising on the
22agreement.
23    (c) If a formal inquiry regarding a claim of torture is
24granted, the Director shall use all due diligence to notify
25the victim in the case and explain the inquiry process. The
26Commission shall give the victim notice that the victim has

 

 

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1the right to present his or her views and concerns throughout
2the Commission's investigation.
3    (d) The Commission may use any measure provided in the
4Code of Civil Procedure and the Code of Criminal Procedure of
51963 to obtain information necessary to its inquiry. The
6Commission may also do any of the following: issue subpoenas
7or other process to compel the attendance of witnesses and the
8production of evidence, administer oaths, petition the Circuit
9Court of Cook County or of the original jurisdiction for
10enforcement of process or for other relief, and prescribe its
11own rules of procedure. All challenges with regard to the
12Commission's authority or the Commission's access to evidence
13shall be heard by the Circuit Court of the original
14jurisdiction Cook County, including any in camera review.
15    (e) While performing duties for the Commission, the
16Director or the Director's designee may serve subpoenas or
17other process issued by the Commission throughout the State in
18the same manner and with the same effect as an officer
19authorized to serve process under the laws of this State.
20    (f) All State discovery and disclosure statutes in effect
21at the time of formal inquiry shall be enforceable as if the
22convicted person were currently being tried for the charge for
23which the convicted person is claiming torture.
24    (g) If, at any point during an inquiry, the convicted
25person refuses to comply with requests of the Commission or is
26otherwise deemed to be uncooperative by the Commission, the

 

 

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1Commission shall discontinue the inquiry.
2(Source: P.A. 96-223, eff. 8-10-09.)
 
3    (775 ILCS 40/45)
4    Sec. 45. Commission proceedings.
5    (a) At the completion of a formal inquiry, all relevant
6evidence shall be presented to the full Commission. As part of
7its proceedings, the Commission may conduct hearings. The
8determination as to whether to conduct hearings is solely in
9the discretion of the Commission. Any hearing held in
10accordance with this Section shall be a public hearing and
11shall be held subject to the Commission's rules of operation,
12and conducted pursuant to the Open Meetings Act.
13    (b) The Director shall use all due diligence to notify the
14victim at least 30 days prior to any proceedings of the full
15Commission held in regard to the victim's case. The Commission
16shall notify the victim that the victim is permitted to attend
17proceedings otherwise closed to the public, subject to any
18limitations imposed by this Act, and subject to Section
192(c)(14) of the Open Meetings Act. If the victim plans to
20attend proceedings otherwise closed to the public, the victim
21shall notify the Commission at least 10 days in advance of the
22proceedings of his or her intent to attend. The Commission may
23close any portion of the proceedings to the victim, if the
24victim is to testify and the Commission determines that the
25victim's testimony would be materially affected if the victim

 

 

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1hears other testimony at the proceeding.
2    (c) After hearing the evidence, the full Commission shall
3vote to establish further case disposition as provided by this
4subsection. All 8 voting members of the Commission shall
5participate in that vote.
6    If 5 or more of the 8 voting members of the Commission
7conclude by a preponderance of the evidence that there is
8sufficient evidence of torture to merit judicial review, the
9case shall be referred to the Chief Judge of the original
10jurisdiction Circuit Court of Cook County by filing with the
11clerk of court the opinion of the Commission with supporting
12findings of fact, as well as the record in support of such
13opinion, with service on the State's Attorney in non-capital
14cases and service on both the State's Attorney and Attorney
15General in capital cases.
16    If less than 5 of the 8 voting members of the Commission
17conclude by a preponderance of the evidence that there is
18sufficient evidence of torture to merit judicial review, the
19Commission shall conclude there is insufficient evidence of
20torture to merit judicial review. The Commission shall
21document that opinion, along with supporting findings of fact,
22and file those documents and supporting materials with the
23court clerk in the circuit of original jurisdiction, with a
24copy to the State's Attorney and the chief judge.
25    The Director of the Commission shall use all due diligence
26to notify immediately the victim of the Commission's

 

 

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1conclusion in a case.
2    (d) Evidence of criminal acts, professional misconduct, or
3other wrongdoing disclosed through formal inquiry or
4Commission proceedings shall be referred to the appropriate
5authority. Evidence favorable to the convicted person
6disclosed through formal inquiry or Commission proceedings
7shall be disclosed to the convicted person and the convicted
8person's counsel, if the convicted person has counsel. The
9Commission shall have the discretion to refer its findings
10together with the supporting record and evidence, to such
11other parties or entities as the Commission in its discretion
12shall deem appropriate.
13    (e) All proceedings of the Commission shall be recorded
14and transcribed as part of the record. All Commission member
15votes shall be recorded in the record. All records of the
16Commission shall be confidential until the proceedings before
17the Commission are concluded and a final decision has been
18made by the Commission.
19(Source: P.A. 96-223, eff. 8-10-09.)
 
20    (775 ILCS 40/50)
21    Sec. 50. Post-commission judicial review.
22    (a) If the Commission concludes there is sufficient
23evidence of torture to merit judicial review, the Chair of the
24Commission shall request the Chief Judge of the original
25jurisdiction Circuit Court of Cook County for assignment to a

 

 

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1trial judge for consideration. The court may receive proof by
2affidavits, depositions, oral testimony, or other evidence. In
3its discretion the court may order the petitioner brought
4before the court for the hearing. Notwithstanding the status
5of any other postconviction proceedings relating to the
6petitioner, if the court finds in favor of the petitioner, it
7shall enter an appropriate order with respect to the judgment
8or sentence in the former proceedings and such supplementary
9orders as to rearraignment, retrial, custody, bail or
10discharge, or for such relief as may be granted under a
11petition for a certificate of innocence, as may be necessary
12and proper.
13    (b) The State's Attorney, or the State's Attorney's
14designee, shall represent the State at the hearing before the
15assigned judge.
16(Source: P.A. 96-223, eff. 8-10-09.)
 
17    (775 ILCS 40/75 new)
18    Sec. 75. Processing of claims.
19    (a) No later than one year after the effective date of this
20amendatory Act of the 102nd General Assembly, the Commission
21shall determine the resources necessary to assess the
22credibility or lack thereof of each claim within 2 years after
23the date upon the claim was received, and shall make a report
24of its findings to the Governor and the General Assembly.
25    (b) This Section is repealed 2 years after the effective

 

 

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1date of this amendatory Act of the 102nd General Assembly.
 
2    (775 ILCS 40/70 rep.)
3    Section 10. The Illinois Torture Inquiry and Relief
4Commission Act is amended by repealing Section 70.