SB2082 101ST GENERAL ASSEMBLY

LRB101 11218 LNS 56477 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2082

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

SYNOPSIS AS INTRODUCED:

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).

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Torture Inquiry and Relief Commission Act is amended by changing Sections 5, 30, 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 throughout this State within a county of more than 3,000,000 inhabitants.

(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. 99-688, eff. 7-29-16.)

(775 ILCS 40/30)

Sec. 30. Director and other staff. The Commission shall employ a Director. The Director shall be an attorney licensed to practice in Illinois at the time of appointment and at all times during service as Director. The Director shall assist the Commission in developing rules and standards for cases accepted for review, coordinate investigation of cases accepted for review, maintain records for all case investigations, prepare reports outlining Commission investigations and recommendations to the trial court, and apply for and accept on behalf of the Commission any funds that may become available from government grants, private gifts, donations, or bequests from any source.

Subject to the approval of the Chair, the Director shall employ such other staff and shall contract for services as is necessary to assist the Commission in the performance of its duties, and as funds permit.

The Commission may meet in an area provided by the Illinois Human Rights Commission, or any other State agency. The Illinois Human Rights Commission shall provide, directly or through any other State agency, office space for the Commission and the Commission staff.

Subject to appropriation, the Commission shall employ a legal staff.

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

(775 ILCS 40/70)

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

(Source: P.A. 99-688, eff. 7-29-16.)