Illinois General Assembly - Full Text of SB2082
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Full Text of SB2082  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Heather A. Steans


775 ILCS 40/5
775 ILCS 40/30
775 ILCS 40/70

    Amends the Illinois Torture Inquiry and Relief Commission Act. Changes the definition of "claim of torture" to include allegations of torture occurring throughout the State (rather than occurring within a county of more than 3,000,000 inhabitants). Provides that, subject to appropriation, the Illinois Torture Inquiry and Relief Commission shall employ a legal staff. Provides that the Act applies to any claims of torture filed after the effective date of the Act (rather than filed not later than 10 years after the effective date of the Act).

LRB101 11218 LNS 56477 b





SB2082LRB101 11218 LNS 56477 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, 30, 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 throughout this
15State within a county of more 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    (5) "Victim" means the victim of the crime, or if the
23victim of the crime is deceased, the next of kin of the victim,



SB2082- 2 -LRB101 11218 LNS 56477 b

1which shall be the parent, spouse, child, or sibling of the
2deceased victim.
3(Source: P.A. 99-688, eff. 7-29-16.)
4    (775 ILCS 40/30)
5    Sec. 30. Director and other staff. The Commission shall
6employ a Director. The Director shall be an attorney licensed
7to practice in Illinois at the time of appointment and at all
8times during service as Director. The Director shall assist the
9Commission in developing rules and standards for cases accepted
10for review, coordinate investigation of cases accepted for
11review, maintain records for all case investigations, prepare
12reports outlining Commission investigations and
13recommendations to the trial court, and apply for and accept on
14behalf of the Commission any funds that may become available
15from government grants, private gifts, donations, or bequests
16from any source.
17    Subject to the approval of the Chair, the Director shall
18employ such other staff and shall contract for services as is
19necessary to assist the Commission in the performance of its
20duties, and as funds permit.
21    The Commission may meet in an area provided by the Illinois
22Human Rights Commission, or any other State agency. The
23Illinois Human Rights Commission shall provide, directly or
24through any other State agency, office space for the Commission
25and the Commission staff.



SB2082- 3 -LRB101 11218 LNS 56477 b

1    Subject to appropriation, the Commission shall employ a
2legal staff.
3(Source: P.A. 96-223, eff. 8-10-09.)
4    (775 ILCS 40/70)
5    Sec. 70. Filing of claims. This Act applies to any claims
6of torture filed after the effective date of this Act not later
7than 10 years after the effective date of this Act.
8(Source: P.A. 99-688, eff. 7-29-16.)