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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Civil Rights Act of 2006. | ||||||
6 | Section 5. Compelled confession; civil action. | ||||||
7 | (a) Independent of any criminal prosecution or the result | ||||||
8 | thereof, any person suffering injury to his or her person or | ||||||
9 | damage
to his or her property as a result of having been | ||||||
10 | compelled to confess or provide information regarding an | ||||||
11 | offense by force or threat of imminent bodily harm may bring a | ||||||
12 | civil action
for damages, injunctive relief, or other | ||||||
13 | appropriate relief. Upon a finding of liability, the court
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14 | shall award actual damages, including damages for emotional | ||||||
15 | distress, punitive damages, when
appropriate, and any suitable | ||||||
16 | equitable relief. A judgment in favor of the prevailing | ||||||
17 | plaintiff
shall include an award for reasonable attorney's fees | ||||||
18 | and costs. | ||||||
19 | (b) Independent of any criminal prosecution or the result | ||||||
20 | thereof, any person suffering damages as a result of
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21 | retaliatory action may bring a civil action for damages, | ||||||
22 | injunctive relief, or other appropriate
relief. A judgment in | ||||||
23 | favor of the prevailing plaintiff shall include an award for | ||||||
24 | reasonable
attorney's fees and costs. | ||||||
25 | (c) For purposes of this Section, "retaliatory action" | ||||||
26 | means: (1) tortious
conduct directed against an individual, or | ||||||
27 | (2) the reprimand, discharge, suspension, demotion, or
denial | ||||||
28 | of promotion or change in the terms and conditions of | ||||||
29 | employment, that is taken in
retaliation because he or she has | ||||||
30 | opposed or reported that which he or she reasonably and in
good | ||||||
31 | faith believed to be the use of force or threat of imminent | ||||||
32 | bodily harm to compel a confession or information
regarding an |
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1 | offense, or because he or she has made a charge, filed a | ||||||
2 | complaint, testified,
assisted, or participated in an | ||||||
3 | investigation, proceeding, or hearing involving the use of | ||||||
4 | force or threat of imminent bodily harm to compel a confession | ||||||
5 | or information regarding an offense. | ||||||
6 | Section 105. The Criminal Code of 1961 is amended by | ||||||
7 | changing Sections 3-7 and 12-7 as follows:
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8 | (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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9 | Sec. 3-7. Periods
excluded from limitation.
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10 | The period within which a prosecution must be commenced | ||||||
11 | does not include
any period in which:
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12 | (a) The defendant is not usually and publicly resident | ||||||
13 | within this
State; or
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14 | (b) The defendant is a public officer and the offense | ||||||
15 | charged is theft
of public funds while in public office; or
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16 | (c) A prosecution is pending against the defendant for the | ||||||
17 | same conduct,
even if the indictment or information which | ||||||
18 | commences the prosecution is
quashed or the proceedings thereon | ||||||
19 | are set aside, or are reversed on
appeal; or
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20 | (d) A proceeding or an appeal from a proceeding relating
to | ||||||
21 | the quashing or enforcement of a Grand Jury subpoena issued in | ||||||
22 | connection
with an investigation of a violation of a criminal | ||||||
23 | law of this State is
pending. However, the period within which | ||||||
24 | a prosecution must be commenced
includes any period in which | ||||||
25 | the State brings a proceeding or an appeal from a
proceeding | ||||||
26 | specified in this subsection (d); or
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27 | (e) A material witness is placed on active military duty or | ||||||
28 | leave. In
this subsection (e), "material witness" includes, but | ||||||
29 | is not limited to, the
arresting officer, occurrence witness, | ||||||
30 | or the alleged victim of the offense ; or
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31 | (f) The victim of unlawful force or threat of imminent | ||||||
32 | bodily harm to obtain information or a
confession is | ||||||
33 | incarcerated, and the victim's incarceration, in whole or in | ||||||
34 | part, is a consequence of the unlawful force or
threats.
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1 | (Source: P.A. 93-417, eff. 8-5-03.)
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2 | (720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
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3 | Sec. 12-7. Compelling confession or information by force or | ||||||
4 | threat.
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5 | (a) A person who, with intent to obtain a confession, | ||||||
6 | statement or
information regarding any offense, knowingly
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7 | inflicts or threatens imminent bodily
to inflict
physical harm | ||||||
8 | upon the person threatened or upon any other person commits
the | ||||||
9 | offense of compelling a confession or information by force or | ||||||
10 | threat.
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11 |
(b) Sentence.
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12 | Compelling a confession or information is a : (1) Class 4 | ||||||
13 | felony if the
defendant threatens imminent bodily harm to | ||||||
14 | obtain a confession, statement, or information but does not | ||||||
15 | inflict
bodily harm on the victim, (2) Class 3 felony if the | ||||||
16 | defendant inflicts bodily harm on
the victim to obtain a | ||||||
17 | confession, statement, or information, and
(3) Class 2 felony | ||||||
18 | if the defendant inflicts great bodily harm to obtain a | ||||||
19 | confession, statement, or
information .
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20 | (Source: P.A. 77-2638.)
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21 | Section 110. The Code of Civil Procedure is amended by | ||||||
22 | changing Section 13-202 as follows:
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23 | (735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
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24 | Sec. 13-202. Personal injury - Penalty. Actions for damages | ||||||
25 | for an injury
to the person, or for
false imprisonment, or | ||||||
26 | malicious prosecution, or for a statutory
penalty, or for | ||||||
27 | abduction, or for seduction, or for criminal
conversation, | ||||||
28 | except damages resulting from first degree murder or the | ||||||
29 | commission of
a Class X felony and the perpetrator thereof is | ||||||
30 | convicted of such crime,
shall be commenced within 2 years next | ||||||
31 | after the cause
of action accrued but such an action against a | ||||||
32 | defendant arising from a
crime committed by the defendant in | ||||||
33 | whose name an escrow account was established
under the |
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1 | "Criminal Victims' Escrow Account Act" shall be commenced | ||||||
2 | within
2 years after the establishment of such account. If the | ||||||
3 | compelling of a confession or information by imminent bodily | ||||||
4 | harm or threat of imminent bodily harm results in whole or in | ||||||
5 | part in a criminal prosecution of the plaintiff, the
2-year | ||||||
6 | period set out in this Section shall be tolled during the time | ||||||
7 | in which the plaintiff is incarcerated, or until criminal | ||||||
8 | prosecution has been finally adjudicated in favor of the above | ||||||
9 | referred plaintiff, whichever is later. However, this | ||||||
10 | provision relating to the compelling of a confession or | ||||||
11 | information shall not apply to units of local government | ||||||
12 | subject to the Local Governmental and Governmental Employees | ||||||
13 | Tort Immunity Act.
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14 | (Source: P.A. 84-1450.)
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