SB0392sam001 99TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/14/2016

09900SB0392sam001 LRB099 03120 HEP 47550 a

AMENDMENT TO SENATE BILL 392

AMENDMENT NO. ______. Amend Senate Bill 392 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Torture Inquiry and Relief Commission Act is amended by changing Sections 5, 35, and 70 as follows:

(775 ILCS 40/5)

Sec. 5. Definitions. As used in this Act:

(1) "Claim of torture" means a claim on behalf of a living person convicted of a felony in Illinois asserting that he was tortured into confessing to the crime for which the person was convicted and the tortured confession was used to obtain the conviction and for which there is some credible evidence related to allegations of torture occurring within a county of more than 3,000,000 inhabitants committed by Commander Jon Burge or any officer under the supervision of Jon Burge.

(2) "Commission" means the Illinois Torture Inquiry and Relief Commission established by this Act.

(3) "Convicted person" means the person making a claim of torture under this Act.

(4) "Director" means the Director of the Illinois Torture Inquiry and Relief Commission.

(5) "Victim" means the victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim, which shall be the parent, spouse, child, or sibling of the deceased victim.

(Source: P.A. 96-223, eff. 8-10-09.)

(775 ILCS 40/35)

Sec. 35. Duties. The Commission shall have the following duties and powers:

(1) To establish the criteria and screening process to be used to determine which cases shall be accepted for review.

(2) To conduct inquiries into claims of torture with priority to be given to those cases in which the convicted person is currently incarcerated solely for the crime to which he or she claims torture by Jon Burge or officers under his command, or both.

(3) To coordinate the investigation of cases accepted for review.

(4) To maintain records for all case investigations.

(5) To prepare written reports outlining Commission investigations and recommendations to the trial court at the completion of each inquiry.

(6) To apply for and accept any funds that may become available for the Commission's work from government grants, private gifts, donations, or bequests from any source.

(Source: P.A. 96-223, eff. 8-10-09.)

(775 ILCS 40/70)

Sec. 70. Filing of claims. This Act applies to claims of torture filed not later than 10 5 years after the effective date of this Act.

(Source: P.A. 96-223, eff. 8-10-09.)

Section 99. Effective date. This Act takes effect upon becoming law.".