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Rep. Constance A. Howard
Filed: 11/27/2006
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| AMENDMENT TO SENATE BILL 2737
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| AMENDMENT NO. ______. Amend Senate Bill 2737 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the |
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| Illinois Civil Rights Act of 2006. |
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| Section 5. Compelled confession; civil action. |
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| (a) Independent of any criminal prosecution or the result |
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| thereof, any person suffering injury to his or her person or |
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| damage
to his or her property as a result of having been |
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| compelled to confess or provide information by force or threat |
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| of imminent physical harm may bring a civil action
for damages, |
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| injunctive relief, or other appropriate relief. Upon a finding |
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| of liability, the court
shall award actual damages, including |
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| damages for emotional distress, punitive damages, when
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| appropriate, and any suitable equitable relief. A judgment in |
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| favor of the prevailing plaintiff
shall include an award for |
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| reasonable attorney's fees and costs. |
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| (b) Independent of any criminal prosecution or the result |
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| thereof, any person suffering damages as a result of
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| retaliatory action may bring a civil action for damages, |
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| injunctive relief, or other appropriate
relief. A judgment in |
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| favor of the prevailing plaintiff shall include an award for |
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| reasonable
attorney's fees and costs. |
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| (c) For purposes of this Section, "retaliatory action" |
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| means: (1) tortious
conduct directed against an individual, or |
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| (2) the reprimand, discharge, suspension, demotion, or
denial |
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| of promotion or change in the terms and conditions of |
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| employment, that is taken in
retaliation because he or she has |
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| opposed or reported that which he or she reasonably and in
good |
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| faith believed to be the use of force or threat to compel a |
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| confession or information
regarding an offense, or because he |
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| or she has made a charge, filed a complaint, testified,
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| assisted, or participated in an investigation, proceeding, or |
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| hearing involving the use of force or threat to compel a |
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| confession or information regarding an offense. |
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| Section 105. The Criminal Code of 1961 is amended by |
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| changing Sections 3-7 and 12-7 as follows:
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| (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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| Sec. 3-7. Periods
excluded from limitation.
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| The period within which a prosecution must be commenced |
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| does not include
any period in which:
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| (a) The defendant is not usually and publicly resident |
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| within this
State; or
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| (b) The defendant is a public officer and the offense |
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| charged is theft
of public funds while in public office; or
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| (c) A prosecution is pending against the defendant for the |
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| same conduct,
even if the indictment or information which |
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| commences the prosecution is
quashed or the proceedings thereon |
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| are set aside, or are reversed on
appeal; or
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| (d) A proceeding or an appeal from a proceeding relating
to |
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| the quashing or enforcement of a Grand Jury subpoena issued in |
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| connection
with an investigation of a violation of a criminal |
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| law of this State is
pending. However, the period within which |
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| a prosecution must be commenced
includes any period in which |
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| the State brings a proceeding or an appeal from a
proceeding |
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| specified in this subsection (d); or
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LRB094 18851 RLC 60614 a |
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| (e) A material witness is placed on active military duty or |
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| leave. In
this subsection (e), "material witness" includes, but |
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| is not limited to, the
arresting officer, occurrence witness, |
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| or the alleged victim of the offense.
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| (f) The victim of unlawful force or threats to obtain |
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| information or a
confession is incarcerated, and the victim of |
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| such force or threat is incarcerated as a consequence of this |
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| unlawful conduct (whether
the incarceration is directly or |
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| indirectly, in whole or in part, the result of the unlawful |
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| force or
threats).
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| (Source: P.A. 93-417, eff. 8-5-03.)
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| (720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
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| Sec. 12-7. Compelling confession or information by force or |
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| threat.
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| (a) A person who, with intent to obtain a confession, |
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| statement or
information regarding any offense, inflicts or |
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| threatens to inflict
imminent physical harm upon the person |
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| threatened or upon any other person commits
the offense of |
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| compelling a confession or information by force or threat.
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(b) Sentence.
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| Compelling a confession or information is a : (1) Class 4 |
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| felony if the
defendant uses threats to inflict imminent |
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| physical harm to obtain a confession, statement, or information |
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| but does not inflict
physical harm on the victim, (2) Class 1 |
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| felony if the defendant inflicts physical harm on
the victim to |
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| obtain a confession, statement, or information, but does not |
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| torture the victim, and
(3) Class X felony if the defendant |
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| tortures the victim to obtain a confession, statement, or
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| information. |
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| (c) For purposes of this Section, "torture" means an act |
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| committed by a person acting under
the color of law |
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| specifically intended to inflict severe and prolonged physical
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| pain or suffering (other than pain or suffering
incidental to |
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| lawful sanctions) upon another person within his
or her custody |
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| or physical control .
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| (Source: P.A. 77-2638.)
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| Section 110. The Code of Civil Procedure is amended by |
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| changing Section 13-202 as follows:
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| (735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
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| Sec. 13-202. Personal injury - Penalty. Actions for damages |
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| for an injury
to the person, or for
false imprisonment, or |
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| malicious prosecution, or for a statutory
penalty, or for |
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| abduction, or for seduction, or for criminal
conversation, |
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| except damages resulting from first degree murder or the |
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| commission of
a Class X felony and the perpetrator thereof is |
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| convicted of such crime,
shall be commenced within 2 years next |
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| after the cause
of action accrued but such an action against a |
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| defendant arising from a
crime committed by the defendant in |
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| whose name an escrow account was established
under the |
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| "Criminal Victims' Escrow Account Act" shall be commenced |
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| within
2 years after the establishment of such account. If the |
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| compelling of a confession or information by force or threat |
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| results in whole or in part in a criminal prosecution of the |
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| plaintiff, the
2-year period set out in this Section shall be |
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| tolled during the time in which the plaintiff is incarcerated, |
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| or until criminal prosecution has been finally resolved in |
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| favor of the above referred plaintiff. However, this provision |
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| shall not apply to units of local government governed by the |
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| Local Governmental and Governmental Employees Tort Immunity |
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| Act.
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| (Source: P.A. 84-1450.)".
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