Illinois General Assembly - Full Text of HB4283
Illinois General Assembly

Previous General Assemblies

Full Text of HB4283  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/28/2020, by Rep. Jim Durkin - Bradley Stephens


775 ILCS 40/20
775 ILCS 40/25
775 ILCS 40/45

    Amends the Illinois Torture Inquiry and Relief Commission Act. Provides that the Illinois Torture and Inquiry and Relief Commission shall consist of 10 (rather than 8) voting members. Provides that the 2 additional members shall be members of the Fraternal Order of Police, Chicago Lodge 7, whose terms shall initially be for 2 years and shall begin on January 1, 2022. Makes corresponding changes. Effective immediately.

LRB101 12922 LNS 66944 b





HB4283LRB101 12922 LNS 66944 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 20, 25, and 45
6as follows:
7    (775 ILCS 40/20)
8    Sec. 20. Membership; chair; meetings; quorum.
9    (a) The Commission shall consist of 10 8 voting members as
11        (1) One shall be a retired Circuit Court Judge.
12        (2) One shall be a former prosecuting attorney.
13        (3) One shall be a law school professor.
14        (4) One shall be engaged in the practice of criminal
15    defense law.
16        (5) Three shall be members of the public who are not
17    attorneys and who are not officers or employees of the
18    Judicial branch.
19        (6) One shall be a former public defender.
20        (7) Two shall be members of the Fraternal Order of
21    Police, Chicago Lodge 7.
22    The members of the Commission shall be appointed by the
23Governor, with the advice and consent of the Senate. Members



HB4283- 2 -LRB101 12922 LNS 66944 b

1may be re-appointed for additional terms, as provided for under
2Section 25.
3    (a-1) The Governor shall also appoint alternate Commission
4members for the Commission members he or she has appointed to
5serve in the event of scheduling conflicts, conflicts of
6interest, disability, or other disqualification arising in a
7particular case. Where an alternate member is called upon to
8serve in a particular place, the alternate member shall vote in
9the place of, and otherwise exercise the same powers as, the
10member which he or she is replacing. The alternate member shall
11have the same qualifications for appointment as the original
12member. In making the appointments, the Governor shall make a
13good faith effort to appoint members with different
14perspectives of the justice system. The Governor shall also
15consider geographical location, gender, and racial diversity
16in making the appointments.
17    (b) The retired judge who is appointed as a member under
18subsection (a) shall serve as Chair of the Commission. The
19Commission shall have its initial meeting no later than one
20month after the appointment of a quorum of members of the
21Commission, at the call of the Chair. The Commission shall meet
22a minimum of once every 6 months and may also meet more often
23at the call of the Chair. The Commission shall meet at such
24time and place as designated by the Chair, in accordance with
25the provisions of the Open Meetings Act. Notice of the meetings
26shall be given at such time and manner as provided by the rules



HB4283- 3 -LRB101 12922 LNS 66944 b

1of the Commission, in accordance with the provisions of the
2Open Meetings Act. A majority of the voting members shall
3constitute a quorum. All Commission votes shall be by majority
4vote of the voting members appointed.
5(Source: P.A. 96-223, eff. 8-10-09.)
6    (775 ILCS 40/25)
7    Sec. 25. Terms of members; compensation; expenses.
8    (a) Of the initial members, the appointments under clauses
9(a)(3) and (6) of Section 20 shall be for one-year terms, the
10appointments under clauses (a)(1), (2), and (4), and (7) of
11Section 20 shall be for 2-year terms, and the appointments
12under clause (a)(5) of Section 20 shall be for 3-year terms.
13Thereafter, all terms shall be for 3 years. Members of the
14Commission shall serve no more than 2 consecutive 3-year terms
15plus any initial term of less than 3 years. Unless provided
16otherwise by this Act, all terms of members shall begin on
17January 1 and end on December 31.
18    Members serving by virtue of elective or appointive office,
19may serve only so long as the office holders hold those
20respective offices. The Chief Judge of the Cook County Circuit
21Court may remove members for good cause shown. Vacancies
22occurring before the expiration of a term shall be filled in
23the manner provided for the members first appointed.
24    (b) The Commission members shall receive no salary for
25serving, but may be reimbursed for reasonable expenses incurred



HB4283- 4 -LRB101 12922 LNS 66944 b

1as a result of their duties as members of the Commission from
2funds appropriated by the General Assembly for that purpose, or
3from funds obtained from sources other than the General
5    (c) The terms of the persons appointed under paragraph (7)
6of subsection (a) of Section 20 shall begin on January 1, 2022.
7(Source: P.A. 96-223, eff. 8-10-09.)
8    (775 ILCS 40/45)
9    Sec. 45. Commission proceedings.
10    (a) At the completion of a formal inquiry, all relevant
11evidence shall be presented to the full Commission. As part of
12its proceedings, the Commission may conduct hearings. The
13determination as to whether to conduct hearings is solely in
14the discretion of the Commission. Any hearing held in
15accordance with this Section shall be a public hearing and
16shall be held subject to the Commission's rules of operation,
17and conducted pursuant to the Open Meetings Act.
18    (b) The Director shall use all due diligence to notify the
19victim at least 30 days prior to any proceedings of the full
20Commission held in regard to the victim's case. The Commission
21shall notify the victim that the victim is permitted to attend
22proceedings otherwise closed to the public, subject to any
23limitations imposed by this Act, and subject to Section
242(c)(14) of the Open Meetings Act. If the victim plans to
25attend proceedings otherwise closed to the public, the victim



HB4283- 5 -LRB101 12922 LNS 66944 b

1shall notify the Commission at least 10 days in advance of the
2proceedings of his or her intent to attend. The Commission may
3close any portion of the proceedings to the victim, if the
4victim is to testify and the Commission determines that the
5victim's testimony would be materially affected if the victim
6hears other testimony at the proceeding.
7    (c) After hearing the evidence, the full Commission shall
8vote to establish further case disposition as provided by this
9subsection. All 10 8 voting members of the Commission shall
10participate in that vote.
11    If 7 5 or more of the 10 8 voting members of the Commission
12conclude by a preponderance of the evidence that there is
13sufficient evidence of torture to merit judicial review, the
14case shall be referred to the Chief Judge of the Circuit Court
15of Cook County by filing with the clerk of court the opinion of
16the Commission with supporting findings of fact, as well as the
17record in support of such opinion, with service on the State's
18Attorney in non-capital cases and service on both the State's
19Attorney and Attorney General in capital cases.
20    If less than 7 5 of the 10 8 voting members of the
21Commission conclude by a preponderance of the evidence that
22there is sufficient evidence of torture to merit judicial
23review, the Commission shall conclude there is insufficient
24evidence of torture to merit judicial review. The Commission
25shall document that opinion, along with supporting findings of
26fact, and file those documents and supporting materials with



HB4283- 6 -LRB101 12922 LNS 66944 b

1the court clerk in the circuit of original jurisdiction, with a
2copy to the State's Attorney and the chief judge.
3    The Director of the Commission shall use all due diligence
4to notify immediately the victim of the Commission's conclusion
5in a case.
6    (d) Evidence of criminal acts, professional misconduct, or
7other wrongdoing disclosed through formal inquiry or
8Commission proceedings shall be referred to the appropriate
9authority. Evidence favorable to the convicted person
10disclosed through formal inquiry or Commission proceedings
11shall be disclosed to the convicted person and the convicted
12person's counsel, if the convicted person has counsel. The
13Commission shall have the discretion to refer its findings
14together with the supporting record and evidence, to such other
15parties or entities as the Commission in its discretion shall
16deem appropriate.
17    (e) All proceedings of the Commission shall be recorded and
18transcribed as part of the record. All Commission member votes
19shall be recorded in the record. All records of the Commission
20shall be confidential until the proceedings before the
21Commission are concluded and a final decision has been made by
22the Commission.
23(Source: P.A. 96-223, eff. 8-10-09.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.