Illinois General Assembly - Full Text of SB0392
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Full Text of SB0392  99th General Assembly


Sen. Kwame Raoul

Filed: 4/14/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 392 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Torture Inquiry and Relief
5Commission Act is amended by changing Sections 5, 35, and 70 as
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 committed by Commander Jon
16Burge or any officer under the supervision of Jon Burge.



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1    (2) "Commission" means the Illinois Torture Inquiry and
2Relief Commission established by this Act.
3    (3) "Convicted person" means the person making a claim of
4torture under this Act.
5    (4) "Director" means the Director of the Illinois Torture
6Inquiry and Relief Commission.
7    (5) "Victim" means the victim of the crime, or if the
8victim of the crime is deceased, the next of kin of the victim,
9which shall be the parent, spouse, child, or sibling of the
10deceased victim.
11(Source: P.A. 96-223, eff. 8-10-09.)
12    (775 ILCS 40/35)
13    Sec. 35. Duties. The Commission shall have the following
14duties and powers:
15        (1) To establish the criteria and screening process to
16    be used to determine which cases shall be accepted for
17    review.
18        (2) To conduct inquiries into claims of torture with
19    priority to be given to those cases in which the convicted
20    person is currently incarcerated solely for the crime to
21    which he or she claims torture by Jon Burge or officers
22    under his command, or both.
23        (3) To coordinate the investigation of cases accepted
24    for review.
25        (4) To maintain records for all case investigations.



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1        (5) To prepare written reports outlining Commission
2    investigations and recommendations to the trial court at
3    the completion of each inquiry.
4        (6) To apply for and accept any funds that may become
5    available for the Commission's work from government
6    grants, private gifts, donations, or bequests from any
7    source.
8(Source: P.A. 96-223, eff. 8-10-09.)
9    (775 ILCS 40/70)
10    Sec. 70. Filing of claims. This Act applies to claims of
11torture filed not later than 10 5 years after the effective
12date of this Act.
13(Source: P.A. 96-223, eff. 8-10-09.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".