Executive Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 765
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2 | AMENDMENT NO. ______. Amend House Bill 765 by inserting | ||||||
3 | after the title the following:
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4 | "WHEREAS, Post-conviction review of credible claims of | ||||||
5 | factual innocence supported by verifiable evidence, of torture | ||||||
6 | by Jon Burge and/or officers under his supervision should be | ||||||
7 | addressed expeditiously to ensure the innocent as well as the | ||||||
8 | guilty receive justice; and | ||||||
9 | WHEREAS, More than 200 African-American men and women were | ||||||
10 | victims of systematic torture committed by several Chicago | ||||||
11 | Police officers under the Supervision of Police Commander Jon | ||||||
12 | Burge over a two-decade period, from as early 1970 to 1992 and | ||||||
13 | later; and | ||||||
14 | WHEREAS, In May, 1972, Jon Burge was promoted to Chicago | ||||||
15 | Police Detective and was assigned to Area 2 detective division | ||||||
16 | on the Southside of Chicago; and | ||||||
17 | WHEREAS, Between 1973-1981 - numerous other | ||||||
18 | African-American arrestees were tortured with electric-shock |
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1 | and suffocation at Area 2 by Burge and his cohorts to obtain | ||||||
2 | confessions. The torture included, plastic bags placed over | ||||||
3 | arrestees heads until lose of consciousness; electric shock | ||||||
4 | with dark box referred to as "nigger box", to testicles, | ||||||
5 | armpits, ears, Russian roulette; beatings with guns, fists, and | ||||||
6 | flashlights; repeated racial epithets; cattle prods; and | ||||||
7 | cigarette burns; and | ||||||
8 | WHEREAS, 1988 - Burge is transferred to Area 3 Detective | ||||||
9 | Division and appointed Commander. Many of his trusted Area 2 | ||||||
10 | associates, including Sgt John Byrne also transferred to Area | ||||||
11 | 3, and allegations of torture follow them; and | ||||||
12 | WHEREAS, 1981-1988 - 55 separate victims allege torture at | ||||||
13 | Area 2, including Madison Hobley, Leroy Orange, Stanley Howard, | ||||||
14 | Darrell Cannon, and Aaron Patterson. In most of these cases, | ||||||
15 | the States Attorney's Office is aware of the allegations, and | ||||||
16 | nonetheless uses the coerced evidence to send the victims to | ||||||
17 | prison; and | ||||||
18 | WHEREAS, January 28, 1991 - Amnesty International issued a | ||||||
19 | report calling for an inquiry into allegations of police | ||||||
20 | torture in Chicago. Mayor Daley had "no comment whatsoever". | ||||||
21 | September 1991 - 13 year old Marcus Wiggins alleged that he had | ||||||
22 | been tortured with electric shock at Area 3. Burge and Byrne | ||||||
23 | allegedly supervised the interrogation; and | ||||||
24 | WHEREAS, January 1992 - During proceedings before the | ||||||
25 | Police Board, City lawyers admitted that the evidence of Area 2 | ||||||
26 | torture established "an astounding pattern or plan. . . to |
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1 | torture certain suspects. . . into confessing to crimes or to | ||||||
2 | condone such activity"; and | ||||||
3 | WHEREAS, February 7, 1992 - OPS publicly released its 2 | ||||||
4 | torture reports after being ordered to do so by a federal | ||||||
5 | judge, and its findings of "systematic torture" received | ||||||
6 | national attention. Martin and Mayor Daley jointly attack the | ||||||
7 | findings in widely covered public statements, and take no | ||||||
8 | action to criminally investigate or charge Burge or any of his | ||||||
9 | men in light of the OPS findings; and | ||||||
10 | WHEREAS, February-March 1992 - City administratively | ||||||
11 | prosecuted Burge, Yucaitis, and O'Hara in a 6 week hearing | ||||||
12 | before the Police Board for the torture of Andrew Wilson; and | ||||||
13 | WHEREAS, February 11, 1993 - The Chicago Police Board fired | ||||||
14 | Jon Burge and suspended John Yucaitis for 15 months on charges | ||||||
15 | of torturing and physically abusing Andrew Wilson. O'Hara is | ||||||
16 | completely exonerated; and | ||||||
17 | WHEREAS, 1993 - The OPS reopened investigations into | ||||||
18 | approximately 10 of the 60 known victims of police torture. | ||||||
19 | These cases include Cannon and Howard; and | ||||||
20 | WHEREAS, 1993-1994 - After exhaustive investigations, OPS | ||||||
21 | investigators complete detailed reports, sustaining torture | ||||||
22 | allegations in 6 cases, including Cannon and Howard, against | ||||||
23 | several of Burge's trusted Area 2 associates, including Sgt. | ||||||
24 | Byrne and Detective Dignan; and | ||||||
25 | WHEREAS, May 15, 1995 - City of Chicago admitted that | ||||||
26 | Melvin Jones had been electrically shocked in an attempt to |
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1 | extract a confession; and | ||||||
2 | WHEREAS, July 13, 1995 - City of Chicago admits in a legal | ||||||
3 | document that Andrew Wilson was tortured by Burge; and | ||||||
4 | WHEREAS, November 1, 1999 - At Cannon's hearing, Dr. Robert | ||||||
5 | Kirschner, an internationally respected expert on torture and | ||||||
6 | human rights violations, testified that Cannon and several | ||||||
7 | other Area 2 victims were tortured and that this torture was | ||||||
8 | part of a pattern and practice similar to that found in other | ||||||
9 | countries where official torture is practiced by their military | ||||||
10 | and law enforcement agencies; and | ||||||
11 | WHEREAS, 1999 - Federal Judge Milton Shadur found that "it | ||||||
12 | is now common knowledge that Jon Burge and many officers | ||||||
13 | working under him regularly engaged in the physical abuse and | ||||||
14 | torture of prisoners in order to extract confessions"; and | ||||||
15 | WHEREAS, August 2000 - Illinois Supreme Court recognized | ||||||
16 | the importance of the newly discovered evidence of torture, and | ||||||
17 | ordered that Aaron Patterson, Stanley Howard, and 2 other death | ||||||
18 | row inmates be afforded hearings on their allegations of | ||||||
19 | torture; and | ||||||
20 | WHEREAS, April 2002 - Chief Cook County Criminal Court | ||||||
21 | Judge Paul Biebel found that State's Attorney Richard Devine | ||||||
22 | had a conflict arising from his prior representation of Burge, | ||||||
23 | and appointed Retired Judge Edward Egan as Special Prosecutor | ||||||
24 | to investigate Area 2 torture; and | ||||||
25 | WHEREAS, January 10, 2003 - Governor George Ryan granted | ||||||
26 | Madison Hobley, Stanley Howard, Aaron Patterson, and Leroy |
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1 | Orange pardons on the basis of innocence, while determining | ||||||
2 | that their confessions were tortured from them by Burge and his | ||||||
3 | men; and | ||||||
4 | WHEREAS, 2004 - During the course of the civil litigation | ||||||
5 | and in furtherance of the code of silence, Burge, Byrne, and | ||||||
6 | more than 30 other Area 2 detectives and supervisors take the | ||||||
7 | Fifth Amendment on each and every allegation of torture; and | ||||||
8 | WHEREAS, 2004 - Several African-American former Area 2 | ||||||
9 | detectives who worked under Burge come forward and broke the | ||||||
10 | code of silence, admitting that they saw or heard evidence of | ||||||
11 | torture, saw implements of torture, including Burge's shock | ||||||
12 | box, and that torture by Burge and his men was an "open secret" | ||||||
13 | at Area 2; and | ||||||
14 | WHEREAS, January 2005 - Federal Appeals Court Judge Diane | ||||||
15 | Wood likened Area 2 torture to that of Abu Ghraib, writing: | ||||||
16 | "[A] mountain of evidence indicates that torture was an | ||||||
17 | ordinary occurrence at the Area 2 station of the Chicago Police | ||||||
18 | Department. Eventually, as this sorry tale came to light, the | ||||||
19 | Office of Professional Standards Investigation of the Police | ||||||
20 | Department looked into the allegations, and it issued a report | ||||||
21 | that concluded that police torture under the command of Lt. Jon | ||||||
22 | Burge - the officer in charge of Hinton's case - had been a | ||||||
23 | regular part of the system for more than ten years. And, in | ||||||
24 | language reminiscent of the news reports of 2004 concerning the | ||||||
25 | notorious Abu Ghraib facility in Iraq, the report said that: | ||||||
26 | [t]he type of abuse described was not limited to the usual |
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1 | beating, but went into such esoteric areas as psychological | ||||||
2 | techniques and planned torture"; and | ||||||
3 | WHEREAS, January 2005 - Judge Wood further found that Area | ||||||
4 | 2 torture violated the United Nations prohibition against | ||||||
5 | torture, writing: Indeed, the alleged conduct is so extreme | ||||||
6 | that, if proven, it would fall within the prohibitions | ||||||
7 | established by the United Nations Convention Against Torture | ||||||
8 | ("CAT"), which defines torture as "any act by which severe pain | ||||||
9 | or suffering, whether physical or mental, is intentionally | ||||||
10 | inflicted on a person for such purposes as obtaining from him | ||||||
11 | or a third person information or a confession. . . ." thereby | ||||||
12 | violating the fundamental human rights principles that the | ||||||
13 | United States is committed to uphold. . . .; and | ||||||
14 | WHEREAS, Spring 2005 - Freedom of information documents | ||||||
15 | reveal that the City of Chicago has spent more than $6,000,000 | ||||||
16 | in legal fees defending itself and Burge and his men against | ||||||
17 | allegations of torture, despite repeatedly acknowledging that | ||||||
18 | they had engaged in a pattern and practice of torture; and | ||||||
19 | WHEREAS, May 19, 2006, The United Nations Committee Against | ||||||
20 | Torture ruled that the U.S. Government and the City of Chicago | ||||||
21 | are in violation of the Convention Against Torture and cruel, | ||||||
22 | inhuman, and degrading treatment; and | ||||||
23 | WHEREAS, September 1, 2005 - Frustrated by the fact that | ||||||
24 | the Special Prosecutor had not brought indictments, community | ||||||
25 | groups petitioned the organization of Inter-American | ||||||
26 | Commission on Human Rights and was granted a hearing on police |
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1 | torture and the failure to prosecute Burge and his men; and | ||||||
2 | WHEREAS, July 26, 2006, Special Prosecutor Egan published | ||||||
3 | his findings which concluded that although there had been | ||||||
4 | police torture in at least half of the 148 cases examined, no | ||||||
5 | one, including Burge, could be indicted because of Statute of | ||||||
6 | Limitations; and | ||||||
7 | WHEREAS, Prof. Thomas K. Kenemore, Ph.D., conducted a pilot | ||||||
8 | study of the experiences of people affected by Chicago Police | ||||||
9 | Torture. Dr. Kenemore's findings summarize, among other | ||||||
10 | things, the lasting impact of the torture experience; and | ||||||
11 | WHEREAS, Prof. Kenemore observed that may survivors of | ||||||
12 | torture suffer from post-traumatic stress disorder. "The | ||||||
13 | prolonged and recurrent trauma is known to create a | ||||||
14 | hyper-vigilance and chronic fear of the re-occurrences of the | ||||||
15 | trauma, generalized constriction and avoidance, | ||||||
16 | disassociation, severe mistrust and isolation, a radically | ||||||
17 | changed identity which incorporates the trauma, and a tenacious | ||||||
18 | state of depression"; and | ||||||
19 | WHEREAS, The 200 or more torture victims were forced to | ||||||
20 | confess to crimes and the forced confessions was used to | ||||||
21 | convict them; and | ||||||
22 | WHEREAS, At least 27 victims of torture are still | ||||||
23 | imprisoned in Illinois prisons; and | ||||||
24 | WHEREAS, Public confidence in the justice system is | ||||||
25 | strengthened by thorough and timely inquiry into claims of | ||||||
26 | factual innocence; and |
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1 | WHEREAS, Factual claims of innocence, which are determined | ||||||
2 | to be credible, can most effectively and efficiently be | ||||||
3 | evaluated through complete and independent investigation and | ||||||
4 | review of the same; therefore"; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 1. Short title. This Act may be cited as the | ||||||
8 | Illinois Innocence Inquiry Commission Act. | ||||||
9 | Section 5. Definitions. As used in this Act: | ||||||
10 | (1) "Claim of factual innocence" means a claim on behalf of | ||||||
11 | a living person convicted of a felony in Illinois asserting the | ||||||
12 | complete innocence of any criminal responsibility of the felony | ||||||
13 | for which the person was convicted and for any other reduced | ||||||
14 | level of criminal responsibility relating to the crime, and for | ||||||
15 | which there is some credible, certifiable evidence of innocence | ||||||
16 | that is related to allegations of torture committed by | ||||||
17 | Commander Jon Burge or any officer under the supervision of Jon | ||||||
18 | Burge. | ||||||
19 | (2) "Commission" means the Illinois Innocence Inquiry | ||||||
20 | Commission established by this Act. | ||||||
21 | (3) "Director" means the Director of the Illinois Innocence | ||||||
22 | Inquiry Commission. | ||||||
23 | (4) "Victim" means the victim of the crime, or if the |
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1 | victim of the crime is deceased, the next of kin of the victim. | ||||||
2 | Section 10. Purpose of Act. This Act establishes an | ||||||
3 | extraordinary procedure to investigate and determine credible | ||||||
4 | claims of factual innocence related to allegations of torture | ||||||
5 | that shall require an individual to voluntarily waive rights | ||||||
6 | and privileges as described in this Act. | ||||||
7 | Section 15. Commission established. | ||||||
8 | (a) There is established the Illinois Innocence Inquiry | ||||||
9 | Commission. The Illinois Innocence Inquiry Commission shall be | ||||||
10 | an independent commission under the Administrative Office of | ||||||
11 | the Illinois Courts for administrative purposes. | ||||||
12 | (b) The Administrative Office of the Illinois Courts shall | ||||||
13 | provide administrative support to the Commission as needed. The | ||||||
14 | Director of the Administrative Office of the Illinois Courts | ||||||
15 | shall not reduce or modify the budget of the Commission or use | ||||||
16 | funds appropriated to the Commission without the approval of | ||||||
17 | the Commission. | ||||||
18 | Section 20. Membership; chair; meetings; quorum. | ||||||
19 | (a) The Commission shall consist of 8 voting members as | ||||||
20 | follows: | ||||||
21 | (1) One shall be a Circuit Judge. | ||||||
22 | (2) One shall be a prosecuting attorney. | ||||||
23 | (3) One shall be a victim advocate. |
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1 | (4) One shall be engaged in the practice of criminal | ||||||
2 | defense law. | ||||||
3 | (5) One shall be a public member who is not an attorney | ||||||
4 | and who is not an officer or employee of the Judicial | ||||||
5 | branch. | ||||||
6 | (6) One shall be a sheriff holding office at the time | ||||||
7 | of his or her appointment. | ||||||
8 | (7) The vocations of the 2 remaining appointed voting | ||||||
9 | members shall be at discretion of the Chief Justice. | ||||||
10 | The Chief Justice of the Illinois Supreme Court shall make | ||||||
11 | the initial appointment for members identified in subdivisions | ||||||
12 | (4) through (6) of this subsection. The presiding judge of the | ||||||
13 | First District Appellate Court shall make the initial | ||||||
14 | appointment for members identified in subdivisions (1) through | ||||||
15 | (3) of this subsection. After an appointee has served his or | ||||||
16 | her first 3-year term, the subsequent appointment shall be by | ||||||
17 | the Chief Justice or presiding judge who did not make the | ||||||
18 | previous appointment. Thereafter, the Chief Justice or | ||||||
19 | presiding judge shall rotate the appointing power, except for | ||||||
20 | the 2 discretionary appointments identified by subdivision (7) | ||||||
21 | of this subsection which shall be appointed by the Chief | ||||||
22 | Justice. | ||||||
23 | (a-1) The appointing authority shall also appoint | ||||||
24 | alternate Commission members for the Commission members he or | ||||||
25 | she has appointed to serve in the event of scheduling | ||||||
26 | conflicts, conflicts of interest, disability, or other |
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1 | disqualification arising in a particular case. The alternate | ||||||
2 | members shall have the same qualifications for appointment as | ||||||
3 | the original member. In making the appointments, the appointing | ||||||
4 | authority shall make a good faith effort to appoint members | ||||||
5 | with different perspectives of the justice system. The | ||||||
6 | appointing authority shall also consider geographical | ||||||
7 | location, gender, and racial diversity in making the | ||||||
8 | appointments. | ||||||
9 | (b) The judge who is appointed as a member under subsection | ||||||
10 | (a) shall serve as Chair of the Commission, and he or she shall | ||||||
11 | not have had any substantial previous involvement in any case | ||||||
12 | in which torture has been alleged against Jon Burge or those | ||||||
13 | under his supervision. The Commission shall have its initial | ||||||
14 | meeting no later than January 31, 2008, at the call of the | ||||||
15 | Chair. The Commission shall meet a minimum of once every 6 | ||||||
16 | months and may also meet more often at the call of the Chair. | ||||||
17 | The Commission shall meet at such time and place as designated | ||||||
18 | by the Chair. Notice of the meetings shall be given at such | ||||||
19 | time and manner as provided by the rules of the Commission. A | ||||||
20 | majority of the members shall constitute a quorum. All | ||||||
21 | Commission votes shall be by majority vote. | ||||||
22 | Section 25. Terms of members; compensation; expenses. | ||||||
23 | (a) Of the initial members, 2 appointments shall be for | ||||||
24 | one-year terms, 3 appointments shall be for 2-year terms, and 3 | ||||||
25 | appointments shall be for 3-year terms. Thereafter, all terms |
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1 | shall be for 3 years. Members of the Commission shall serve no | ||||||
2 | more than 2 consecutive 3-year terms plus any initial term of | ||||||
3 | less than 3 years. Unless provided otherwise by this Act, all | ||||||
4 | terms of members shall begin on January 1 and end on December | ||||||
5 | 31. | ||||||
6 | Members serving by virtue of elective or appointive office, | ||||||
7 | except for the sheriff, may serve only so long as the office | ||||||
8 | holders hold those respective offices. The Chief Justice may | ||||||
9 | remove members, with cause. Vacancies occurring before the | ||||||
10 | expiration of a term shall be filled in the manner provided for | ||||||
11 | the members first appointed. | ||||||
12 | (b) The Commission members shall receive no salary for | ||||||
13 | serving. All Commission members shall receive necessary | ||||||
14 | subsistence and travel expenses. | ||||||
15 | Section 30. Director and other staff. The Commission shall | ||||||
16 | employ a Director. The Director shall be an attorney licensed | ||||||
17 | to practice in Illinois at the time of appointment and at all | ||||||
18 | times during service as Director. The Director shall assist the | ||||||
19 | Commission in developing rules and standards for cases accepted | ||||||
20 | for review, coordinate investigation of cases accepted for | ||||||
21 | review, maintain records for all cases investigations, prepare | ||||||
22 | reports outlining Commission investigations and | ||||||
23 | recommendations to the trial court, and apply for and accept on | ||||||
24 | behalf of the Commission any funds that may become available | ||||||
25 | from government grants, private gifts, donations, or bequests |
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1 | from any source. | ||||||
2 | Subject to the approval of the Chair, the Director shall | ||||||
3 | employ such other staff and shall contract for services as is | ||||||
4 | necessary to assist the Commission in the performance of its | ||||||
5 | duties, and as funds permit. | ||||||
6 | The Commission may meet in an area provided by the | ||||||
7 | Administrative Office of the Illinois Courts. The | ||||||
8 | Administrative Office of the Illinois Courts shall provide | ||||||
9 | office space for the Commission and the Commission staff. | ||||||
10 | Section 35. Duties. The Commission shall have the following | ||||||
11 | duties and powers: | ||||||
12 | (1) To establish the criteria and screening process to | ||||||
13 | be used to determine which cases shall be accepted for | ||||||
14 | review. | ||||||
15 | (2) To conduct inquiries into claims of factual | ||||||
16 | innocence, with priority to be given to those cases in | ||||||
17 | which the convicted person is currently incarcerated | ||||||
18 | solely for the crime to which he or she claims factual | ||||||
19 | innocence. | ||||||
20 | (3) To coordinate the investigation of cases accepted | ||||||
21 | for review. | ||||||
22 | (4) To maintain records for all case investigations. | ||||||
23 | (5) To prepare written reports outlining Commission | ||||||
24 | investigations and recommendations to the trial court at | ||||||
25 | the completion of each inquiry. |
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1 | (6) To apply for and accept any funds that may become | ||||||
2 | available for the Commission's work from government | ||||||
3 | grants, private gifts, donations, or bequests from any | ||||||
4 | source. | ||||||
5 | Section 40. Claims of innocence; waiver of convicted | ||||||
6 | person's procedural safeguards and privileges; formal inquiry; | ||||||
7 | notification of the crime victim. | ||||||
8 | (a) A claim of factual innocence may be referred to the | ||||||
9 | Commission by any court, person, or agency. The Commission | ||||||
10 | shall not consider a claim of factual innocence if the | ||||||
11 | convicted person is deceased. The determination of whether to | ||||||
12 | grant a formal inquiry regarding any other claim of factual | ||||||
13 | innocence is in the discretion of the Commission. The | ||||||
14 | Commission may informally screen and dismiss a case summarily | ||||||
15 | at its discretion. | ||||||
16 | (b) No formal inquiry into a claim of innocence shall be | ||||||
17 | made by the Commission unless the Director or the Director's | ||||||
18 | designee first obtains a signed agreement from the convicted | ||||||
19 | person in which the convicted person waives his or her | ||||||
20 | procedural safeguard and privileges, agrees to cooperate with | ||||||
21 | the Commission, and agrees to provide full disclosure regarding | ||||||
22 | all matters unrelated to a convicted person's claim of | ||||||
23 | innocence. The convicted person shall have the right to advice | ||||||
24 | of counsel prior to the execution of the agreement and, if a | ||||||
25 | formal inquiry is granted, throughout the formal inquiry. If |
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1 | counsel represents the convicted person, then the convicted | ||||||
2 | person, the Commission Chair shall determine the convicted | ||||||
3 | person's indigency status and, if appropriate, enter an order | ||||||
4 | for the appointment of counsel for the purpose of advising on | ||||||
5 | the agreement. | ||||||
6 | (c) If a formal inquiry regarding a claim of factual | ||||||
7 | innocence is granted, the Director shall use all due diligence | ||||||
8 | to notify the victim in the case and explain the inquiry | ||||||
9 | process. The Commission shall give the victim notice that the | ||||||
10 | victim has the right to present his or her views and concerns | ||||||
11 | throughout the Commission's investigation. | ||||||
12 | (d) The Commission may use any measure provided in the Code | ||||||
13 | of Civil Procedure and the Code of Criminal Procedure of 1963 | ||||||
14 | to obtain information necessary to its inquiry. The Commission | ||||||
15 | may also do any of the following: issue process to compel the | ||||||
16 | attendance of witnesses and the production of evidence, | ||||||
17 | administer oaths, petition the Circuit Court of Cook County or | ||||||
18 | of the original jurisdiction for enforcement of process or for | ||||||
19 | other relief, and prescribe its own rules of procedure. All | ||||||
20 | challenges with regard to the Commission's authority or the | ||||||
21 | Commission's access to evidence shall be heard by the | ||||||
22 | Commission Chair in the Chair's judicial capacity, including | ||||||
23 | any in camera review. | ||||||
24 | (e) While performing duties for the Commission, the | ||||||
25 | Director or the Director's designee may serve subpoenas or | ||||||
26 | other process issued by the Commission throughout the State in |
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1 | the same manner and with the same effect as an officer | ||||||
2 | authorized to serve process under the laws of this State. | ||||||
3 | (f) All State discovery and disclosure statutes in effect | ||||||
4 | at the time of formal inquiry shall be enforceable as if the | ||||||
5 | convicted person were currently being tried for the charge for | ||||||
6 | which the convicted person is claiming innocence. | ||||||
7 | (g) If, at any point during an inquiry, the convicted | ||||||
8 | person refuses to comply with requests of the Commission or is | ||||||
9 | otherwise deemed to be uncooperative by the Commission, the | ||||||
10 | Commission shall discontinue the inquiry. | ||||||
11 | Section 45. Commission proceedings. | ||||||
12 | (a) At the completion of a formal inquiry, all relevant | ||||||
13 | evidence shall be presented to the full Commission. As part of | ||||||
14 | its proceedings, the Commission may conduct public hearings. | ||||||
15 | The determination as to whether to conduct public hearings is | ||||||
16 | solely in the discretion of the Commission. Any public hearing | ||||||
17 | held in accordance with this Section shall be subject to the | ||||||
18 | Commission's rules of operation. | ||||||
19 | (b) The Director shall use all due diligence to notify the | ||||||
20 | victim at least 30 days prior to any proceedings of the full | ||||||
21 | Commission held in regard to the victim's case. The Commission | ||||||
22 | shall notify the victim that the victim is permitted to attend | ||||||
23 | proceedings otherwise closed to the public, subject to any | ||||||
24 | limitations imposed by this Act, If the victim plans to attend | ||||||
25 | proceedings otherwise closed to the public, the victim shall |
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1 | notify the Commission at least 10 days in advance of the | ||||||
2 | proceedings of his or her intent to attend. If the Commission | ||||||
3 | determines that the victim's presence may interfere with the | ||||||
4 | investigation, the Commission may close any portion of the | ||||||
5 | proceedings to the victim. | ||||||
6 | (c) After hearing the evidence, the full Commission shall | ||||||
7 | vote to establish further case disposition as provided by this | ||||||
8 | subsection. All 8 voting members of the Commission shall | ||||||
9 | participate in that vote. | ||||||
10 | Except in cases where the convicted person entered and was | ||||||
11 | convicted on a plea of guilty, if 5 or more of the 8 voting | ||||||
12 | members of the Commission conclude there is sufficient evidence | ||||||
13 | of factual innocence to merit judicial review, the case shall | ||||||
14 | be referred to the chief judge in the circuit of original | ||||||
15 | jurisdiction by filing with the clerk of court the opinion of | ||||||
16 | the Commission with supporting findings of fact, as well as the | ||||||
17 | record in support of such opinion, with service on the State's | ||||||
18 | Attorney in non-capital cases and service on both the State's | ||||||
19 | Attorney and Attorney General in capital cases. In cases where | ||||||
20 | the convicted person entered and was convicted on a plea of | ||||||
21 | guilty, if all of the 8 voting members of the Commission | ||||||
22 | conclude there is sufficient evidence of factual innocence to | ||||||
23 | merit judicial review, the case shall be referred to the chief | ||||||
24 | judge in the circuit of original jurisdiction. | ||||||
25 | If less than 5 of the 8 voting members of the Commission, | ||||||
26 | or in cases where the convicted person entered and was |
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1 | convicted on a guilty plea less than all of the 8 voting | ||||||
2 | members of the Commission, conclude there insufficient | ||||||
3 | evidence of factual innocence to merit judicial review, the | ||||||
4 | Commission shall conclude there is insufficient evidence of | ||||||
5 | factual innocence to merit judicial review. The Commission | ||||||
6 | shall document that opinion, along with supporting findings of | ||||||
7 | fact, and file those documents and supporting materials with | ||||||
8 | the court clerk in the circuit of original jurisdiction, with a | ||||||
9 | copy to the State's Attorney and the chief judge. | ||||||
10 | The Director of the Commission shall use all due diligence | ||||||
11 | to notify immediately the victim of the Commission's conclusion | ||||||
12 | in a case. | ||||||
13 | (d) Evidence of criminal acts, professional misconduct, or | ||||||
14 | other wrongdoing disclosed through formal inquiry or | ||||||
15 | Commission proceedings shall be referred to the appropriate | ||||||
16 | authority. Evidence favorable to the convicted person | ||||||
17 | disclosed through formal inquiry or Commission proceedings | ||||||
18 | shall be disclosed to the convicted person and the convicted | ||||||
19 | person's counsel, if the convicted person has counsel. | ||||||
20 | (e) All proceedings, of the Commission shall be recorded | ||||||
21 | and transcribed as part of the record. All Commission member | ||||||
22 | votes shall be recorded in the record. All records and | ||||||
23 | proceedings of the Commission are confidential and are exempt | ||||||
24 | from public record and public meeting laws except that the | ||||||
25 | supporting records for the Commission's conclusion that there | ||||||
26 | is sufficient evidence of factual innocence to merit judicial |
| |||||||
| |||||||
1 | review, including all files and materials considered by the | ||||||
2 | Commission and an full transcript of the hearing before the | ||||||
3 | Commission, shall become public at the time of referral to the | ||||||
4 | court. Commission records for conclusions of insufficient | ||||||
5 | evidence of factual innocence to merit judicial review shall | ||||||
6 | remain confidential, except as provided in subsection (d). | ||||||
7 | Section 50. Post-commission 3-judge panel. | ||||||
8 | (a) If the Commission concludes there is sufficient | ||||||
9 | evidence of factual innocence to merit judicial review, the | ||||||
10 | Chair of the Commission shall request the Chief Justice to | ||||||
11 | appoint a 3-judge panel, not to include any trial judge that | ||||||
12 | has had substantial previous involvement in the case, and issue | ||||||
13 | commissions to the members of the 3-judge panel to convene a | ||||||
14 | special session of the court of the original jurisdiction to | ||||||
15 | hear evidence relevant to the Commission's recommendation. The | ||||||
16 | senior judge of the panel shall preside. | ||||||
17 | (b) The senior judge shall enter an order setting the case | ||||||
18 | for hearing at the special session of court for which the | ||||||
19 | 3-judge panel is commissioned and shall require the State to | ||||||
20 | file a response to the Commission's opinion within 60 days of | ||||||
21 | the date of the order. | ||||||
22 | (c) The State's Attorney, or the State's Attorney's | ||||||
23 | designee, shall represent the State at the hearing before the | ||||||
24 | 3-judge panel. | ||||||
25 | (d) The 3-judge panel shall conduct an evidentiary hearing. |
| |||||||
| |||||||
1 | At the hearing, the court may compel the testimony of any | ||||||
2 | witness, including the convicted person. The convicted person | ||||||
3 | may not assert any privilege or prevent a witness from | ||||||
4 | testifying. The convicted person has a right to be present at | ||||||
5 | the evidentiary hearing and to be represented by counsel. A | ||||||
6 | waiver of the right to be present shall be in writing. | ||||||
7 | (e) The senior judge shall determine the convicted person's | ||||||
8 | indigency status and, if appropriate, enter an order for the | ||||||
9 | appointment of counsel. The court may also enter an order | ||||||
10 | relieving an indigent convicted person of all or a portion of | ||||||
11 | the costs of the proceedings. | ||||||
12 | (f) The clerk of court shall provide written notification | ||||||
13 | to the victim 30 days prior to any case-related hearings. | ||||||
14 | (g) The 3-judge panel shall rule as to whether the | ||||||
15 | convicted person has proved by clear and convincing evidence | ||||||
16 | that the convicted person is innocent of the charges. Such a | ||||||
17 | determination shall require a unanimous vote. If the vote is | ||||||
18 | unanimous, the panel shall enter dismissal of all or any of the | ||||||
19 | charges. If the vote is not unanimous, the panel shall deny | ||||||
20 | relief. | ||||||
21 | Section 55. No right to further review of decision by | ||||||
22 | Commission or 3-judge panel; convicted person retains right to | ||||||
23 | other postconviction relief. | ||||||
24 | (a) Unless otherwise authorized by this Act, the decisions | ||||||
25 | of the Commission and of the 3-judge panel are final and are |
| |||||||
| |||||||
1 | not subject to further review by appeal, certification, writ, | ||||||
2 | motion, or otherwise. | ||||||
3 | (b) A claim of factual innocence asserted through the | ||||||
4 | Commission shall not adversely affect the convicted person's | ||||||
5 | rights to other post conviction relief.
| ||||||
6 | Section 60. 60 In order to allow staggered terms of members | ||||||
7 | of the Illinois Innocence Inquiry Commission, the Commission | ||||||
8 | members identified in paragraphs (1), (2), and (4) of | ||||||
9 | subsection (a) of Section 20 shall be appointed to initial | ||||||
10 | terms of 2 years, the Commission members identified paragraphs | ||||||
11 | (3), (5), and (6) of subsection (a) of Section 20 shall be | ||||||
12 | appointed to initial terms of 3 years, and the Commission | ||||||
13 | members identified in paragraph (7) of subsection (a) of | ||||||
14 | Section 20 shall be appointed to initial terms of one year. | ||||||
15 | Section 65. Beginning January 1, 2009, and annually | ||||||
16 | thereafter, the Illinois Innocence Inquiry Commission shall | ||||||
17 | report on its activities to the General Assembly and the | ||||||
18 | Governor. The report may contain recommendations of any needed | ||||||
19 | legislative changes related to the activities of the | ||||||
20 | Commission. The report shall recommend the funding needed by | ||||||
21 | the Commission, the State's Attorneys, and the Department of | ||||||
22 | State Police in order to meet their responsibilities under this | ||||||
23 | Act. Recommendations concerning the State's Attorneys or the | ||||||
24 | Department of State Police shall only be made after |
| |||||||
| |||||||
1 | consultations with the Illinois State's Attorneys Association | ||||||
2 | and the Attorney General. | ||||||
3 | Section 70. The Administrative Office of the Illinois | ||||||
4 | Courts shall report to the General Assembly and the Chief | ||||||
5 | Justice no later than December 31, 2010, and no later than | ||||||
6 | December 31 of every third year, regarding the implementation | ||||||
7 | of this Act and shall include in its report the statistics | ||||||
8 | regarding inquiries and any recommendations for changes. The | ||||||
9 | House of Representatives and the Senate shall refer the report | ||||||
10 | to the appropriate committees for their review. | ||||||
11 | Section 75. The initial members of the Illinois Innocence | ||||||
12 | Inquiry Commission shall be appointed not later than October 1, | ||||||
13 | 2007. No claims of actual innocence may be filed with the | ||||||
14 | Commission until November 1, 2007. No claims of actual | ||||||
15 | innocence where the convicted person entered and was convicted | ||||||
16 | on a plea of guilty may be filed with the Commission until | ||||||
17 | November 1, 2009. | ||||||
18 | Section 80. This Act applies to claims of factual innocence | ||||||
19 | filed on or before December 31, 2012. | ||||||
20 | Section 905. The Freedom of Information Act is amended by | ||||||
21 | changing Section 7 as follows: |
| |||||||
| |||||||
1 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
2 | Sec. 7. Exemptions.
| ||||||
3 | (1) The following shall be exempt from inspection and | ||||||
4 | copying:
| ||||||
5 | (a) Information specifically prohibited from | ||||||
6 | disclosure by federal or
State law or rules and regulations | ||||||
7 | adopted under federal or State law.
| ||||||
8 | (b) Information that, if disclosed, would constitute a | ||||||
9 | clearly
unwarranted invasion of personal privacy, unless | ||||||
10 | the disclosure is
consented to in writing by the individual | ||||||
11 | subjects of the information. The
disclosure of information | ||||||
12 | that bears on the public duties of public
employees and | ||||||
13 | officials shall not be considered an invasion of personal
| ||||||
14 | privacy. Information exempted under this subsection (b) | ||||||
15 | shall include but
is not limited to:
| ||||||
16 | (i) files and personal information maintained with | ||||||
17 | respect to
clients, patients, residents, students or | ||||||
18 | other individuals receiving
social, medical, | ||||||
19 | educational, vocational, financial, supervisory or
| ||||||
20 | custodial care or services directly or indirectly from | ||||||
21 | federal agencies
or public bodies;
| ||||||
22 | (ii) personnel files and personal information | ||||||
23 | maintained with
respect to employees, appointees or | ||||||
24 | elected officials of any public body or
applicants for | ||||||
25 | those positions;
| ||||||
26 | (iii) files and personal information maintained |
| |||||||
| |||||||
1 | with respect to any
applicant, registrant or licensee | ||||||
2 | by any public body cooperating with or
engaged in | ||||||
3 | professional or occupational registration, licensure | ||||||
4 | or discipline;
| ||||||
5 | (iv) information required of any taxpayer in | ||||||
6 | connection with the
assessment or collection of any tax | ||||||
7 | unless disclosure is otherwise required
by State | ||||||
8 | statute;
| ||||||
9 | (v) information revealing the identity of persons | ||||||
10 | who file complaints
with or provide information to | ||||||
11 | administrative, investigative, law enforcement
or | ||||||
12 | penal agencies; provided, however, that identification | ||||||
13 | of witnesses to
traffic accidents, traffic accident | ||||||
14 | reports, and rescue reports may be provided
by agencies | ||||||
15 | of local government, except in a case for which a | ||||||
16 | criminal
investigation is ongoing, without | ||||||
17 | constituting a clearly unwarranted per se
invasion of | ||||||
18 | personal privacy under this subsection; and
| ||||||
19 | (vi) the names, addresses, or other personal | ||||||
20 | information of
participants and registrants in park | ||||||
21 | district, forest preserve district, and
conservation | ||||||
22 | district programs.
| ||||||
23 | (c) Records compiled by any public body for | ||||||
24 | administrative enforcement
proceedings and any law | ||||||
25 | enforcement or correctional agency for
law enforcement | ||||||
26 | purposes or for internal matters of a public body,
but only |
| |||||||
| |||||||
1 | to the extent that disclosure would:
| ||||||
2 | (i) interfere with pending or actually and | ||||||
3 | reasonably contemplated
law enforcement proceedings | ||||||
4 | conducted by any law enforcement or correctional
| ||||||
5 | agency;
| ||||||
6 | (ii) interfere with pending administrative | ||||||
7 | enforcement proceedings
conducted by any public body;
| ||||||
8 | (iii) deprive a person of a fair trial or an | ||||||
9 | impartial hearing;
| ||||||
10 | (iv) unavoidably disclose the identity of a | ||||||
11 | confidential source or
confidential information | ||||||
12 | furnished only by the confidential source;
| ||||||
13 | (v) disclose unique or specialized investigative | ||||||
14 | techniques other than
those generally used and known or | ||||||
15 | disclose internal documents of
correctional agencies | ||||||
16 | related to detection, observation or investigation of
| ||||||
17 | incidents of crime or misconduct;
| ||||||
18 | (vi) constitute an invasion of personal privacy | ||||||
19 | under subsection (b) of
this Section;
| ||||||
20 | (vii) endanger the life or physical safety of law | ||||||
21 | enforcement personnel
or any other person; or
| ||||||
22 | (viii) obstruct an ongoing criminal investigation.
| ||||||
23 | (d) Criminal history record information maintained by | ||||||
24 | State or local
criminal justice agencies, except the | ||||||
25 | following which shall be open for
public inspection and | ||||||
26 | copying:
|
| |||||||
| |||||||
1 | (i) chronologically maintained arrest information, | ||||||
2 | such as traditional
arrest logs or blotters;
| ||||||
3 | (ii) the name of a person in the custody of a law | ||||||
4 | enforcement agency and
the charges for which that | ||||||
5 | person is being held;
| ||||||
6 | (iii) court records that are public;
| ||||||
7 | (iv) records that are otherwise available under | ||||||
8 | State or local law; or
| ||||||
9 | (v) records in which the requesting party is the | ||||||
10 | individual
identified, except as provided under part | ||||||
11 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
12 | Section.
| ||||||
13 | "Criminal history record information" means data | ||||||
14 | identifiable to an
individual and consisting of | ||||||
15 | descriptions or notations of arrests,
detentions, | ||||||
16 | indictments, informations, pre-trial proceedings, trials, | ||||||
17 | or
other formal events in the criminal justice system or | ||||||
18 | descriptions or
notations of criminal charges (including | ||||||
19 | criminal violations of local
municipal ordinances) and the | ||||||
20 | nature of any disposition arising therefrom,
including | ||||||
21 | sentencing, court or correctional supervision, | ||||||
22 | rehabilitation and
release. The term does not apply to | ||||||
23 | statistical records and reports in
which individuals are | ||||||
24 | not identified and from which
their identities are not | ||||||
25 | ascertainable, or to information that is for
criminal | ||||||
26 | investigative or intelligence purposes.
|
| |||||||
| |||||||
1 | (e) Records that relate to or affect the security of | ||||||
2 | correctional
institutions and detention facilities.
| ||||||
3 | (f) Preliminary drafts, notes, recommendations, | ||||||
4 | memoranda and other
records in which opinions are | ||||||
5 | expressed, or policies or actions are
formulated, except | ||||||
6 | that a specific record or relevant portion of a
record | ||||||
7 | shall not be exempt when the record is publicly cited
and | ||||||
8 | identified by the head of the public body. The exemption | ||||||
9 | provided in
this paragraph (f) extends to all those records | ||||||
10 | of officers and agencies
of the General Assembly that | ||||||
11 | pertain to the preparation of legislative
documents.
| ||||||
12 | (g) Trade secrets and commercial or financial | ||||||
13 | information obtained from
a person or business where the | ||||||
14 | trade secrets or information are
proprietary, privileged | ||||||
15 | or confidential, or where disclosure of the trade
secrets | ||||||
16 | or information may cause competitive harm, including: | ||||||
17 | (i) All
information determined to be confidential | ||||||
18 | under Section 4002 of the
Technology Advancement and | ||||||
19 | Development Act. | ||||||
20 | (ii) All trade secrets and commercial or financial | ||||||
21 | information obtained by a public body, including a | ||||||
22 | public pension fund, from a private equity fund or a | ||||||
23 | privately held company within the investment portfolio | ||||||
24 | of a private equity fund as a result of either | ||||||
25 | investing or evaluating a potential investment of | ||||||
26 | public funds in a private equity fund. The exemption |
| |||||||
| |||||||
1 | contained in this item does not apply to the aggregate | ||||||
2 | financial performance information of a private equity | ||||||
3 | fund, nor to the identity of the fund's managers or | ||||||
4 | general partners. The exemption contained in this item | ||||||
5 | does not apply to the identity of a privately held | ||||||
6 | company within the investment portfolio of a private | ||||||
7 | equity fund, unless the disclosure of the identity of a | ||||||
8 | privately held company may cause competitive harm.
| ||||||
9 | Nothing contained in this
paragraph (g) shall be construed | ||||||
10 | to prevent a person or business from
consenting to disclosure.
| ||||||
11 | (h) Proposals and bids for any contract, grant, or | ||||||
12 | agreement, including
information which if it were | ||||||
13 | disclosed would frustrate procurement or give
an advantage | ||||||
14 | to any person proposing to enter into a contractor | ||||||
15 | agreement
with the body, until an award or final selection | ||||||
16 | is made. Information
prepared by or for the body in | ||||||
17 | preparation of a bid solicitation shall be
exempt until an | ||||||
18 | award or final selection is made.
| ||||||
19 | (i) Valuable formulae,
computer geographic systems,
| ||||||
20 | designs, drawings and research data obtained or
produced by | ||||||
21 | any public body when disclosure could reasonably be | ||||||
22 | expected to
produce private gain or public loss.
The | ||||||
23 | exemption for "computer geographic systems" provided in | ||||||
24 | this paragraph
(i) does not extend to requests made by news | ||||||
25 | media as defined in Section 2 of
this Act when the | ||||||
26 | requested information is not otherwise exempt and the only
|
| |||||||
| |||||||
1 | purpose of the request is to access and disseminate | ||||||
2 | information regarding the
health, safety, welfare, or | ||||||
3 | legal rights of the general public.
| ||||||
4 | (j) Test questions, scoring keys and other examination | ||||||
5 | data used to
administer an academic examination or | ||||||
6 | determined the qualifications of an
applicant for a license | ||||||
7 | or employment.
| ||||||
8 | (k) Architects' plans, engineers' technical | ||||||
9 | submissions, and
other
construction related technical | ||||||
10 | documents for
projects not constructed or developed in | ||||||
11 | whole or in part with public funds
and the same for | ||||||
12 | projects constructed or developed with public funds, but
| ||||||
13 | only to the extent
that disclosure would compromise | ||||||
14 | security, including but not limited to water
treatment | ||||||
15 | facilities, airport facilities, sport stadiums, convention | ||||||
16 | centers,
and all government owned, operated, or occupied | ||||||
17 | buildings.
| ||||||
18 | (l) Library circulation and order records identifying | ||||||
19 | library users with
specific materials.
| ||||||
20 | (m) Minutes of meetings of public bodies closed to the
| ||||||
21 | public as provided in the Open Meetings Act until the | ||||||
22 | public body
makes the minutes available to the public under | ||||||
23 | Section 2.06 of the Open
Meetings Act.
| ||||||
24 | (n) Communications between a public body and an | ||||||
25 | attorney or auditor
representing the public body that would | ||||||
26 | not be subject to discovery in
litigation, and materials |
| |||||||
| |||||||
1 | prepared or compiled by or for a public body in
| ||||||
2 | anticipation of a criminal, civil or administrative | ||||||
3 | proceeding upon the
request of an attorney advising the | ||||||
4 | public body, and materials prepared or
compiled with | ||||||
5 | respect to internal audits of public bodies.
| ||||||
6 | (o) Information received by a primary or secondary | ||||||
7 | school, college or
university under its procedures for the | ||||||
8 | evaluation of faculty members by
their academic peers.
| ||||||
9 | (p) Administrative or technical information associated | ||||||
10 | with automated
data processing operations, including but | ||||||
11 | not limited to software,
operating protocols, computer | ||||||
12 | program abstracts, file layouts, source
listings, object | ||||||
13 | modules, load modules, user guides, documentation
| ||||||
14 | pertaining to all logical and physical design of | ||||||
15 | computerized systems,
employee manuals, and any other | ||||||
16 | information that, if disclosed, would
jeopardize the | ||||||
17 | security of the system or its data or the security of
| ||||||
18 | materials exempt under this Section.
| ||||||
19 | (q) Documents or materials relating to collective | ||||||
20 | negotiating matters
between public bodies and their | ||||||
21 | employees or representatives, except that
any final | ||||||
22 | contract or agreement shall be subject to inspection and | ||||||
23 | copying.
| ||||||
24 | (r) Drafts, notes, recommendations and memoranda | ||||||
25 | pertaining to the
financing and marketing transactions of | ||||||
26 | the public body. The records of
ownership, registration, |
| |||||||
| |||||||
1 | transfer, and exchange of municipal debt
obligations, and | ||||||
2 | of persons to whom payment with respect to these | ||||||
3 | obligations
is made.
| ||||||
4 | (s) The records, documents and information relating to | ||||||
5 | real estate
purchase negotiations until those negotiations | ||||||
6 | have been completed or
otherwise terminated. With regard to | ||||||
7 | a parcel involved in a pending or
actually and reasonably | ||||||
8 | contemplated eminent domain proceeding under the Eminent | ||||||
9 | Domain Act, records, documents and
information relating to | ||||||
10 | that parcel shall be exempt except as may be
allowed under | ||||||
11 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
12 | records, documents and information relating to a real | ||||||
13 | estate sale shall be
exempt until a sale is consummated.
| ||||||
14 | (t) Any and all proprietary information and records | ||||||
15 | related to the
operation of an intergovernmental risk | ||||||
16 | management association or
self-insurance pool or jointly | ||||||
17 | self-administered health and accident
cooperative or pool.
| ||||||
18 | (u) Information concerning a university's adjudication | ||||||
19 | of student or
employee grievance or disciplinary cases, to | ||||||
20 | the extent that disclosure
would reveal the identity of the | ||||||
21 | student or employee and information
concerning any public | ||||||
22 | body's adjudication of student or employee grievances
or | ||||||
23 | disciplinary cases, except for the final outcome of the | ||||||
24 | cases.
| ||||||
25 | (v) Course materials or research materials used by | ||||||
26 | faculty members.
|
| |||||||
| |||||||
1 | (w) Information related solely to the internal | ||||||
2 | personnel rules and
practices of a public body.
| ||||||
3 | (x) Information contained in or related to | ||||||
4 | examination, operating, or
condition reports prepared by, | ||||||
5 | on behalf of, or for the use of a public
body responsible | ||||||
6 | for the regulation or supervision of financial
| ||||||
7 | institutions or insurance companies, unless disclosure is | ||||||
8 | otherwise
required by State law.
| ||||||
9 | (y) Information the disclosure of which is restricted | ||||||
10 | under Section
5-108 of the Public Utilities Act.
| ||||||
11 | (z) Manuals or instruction to staff that relate to | ||||||
12 | establishment or
collection of liability for any State tax | ||||||
13 | or that relate to investigations
by a public body to | ||||||
14 | determine violation of any criminal law.
| ||||||
15 | (aa) Applications, related documents, and medical | ||||||
16 | records received by
the Experimental Organ Transplantation | ||||||
17 | Procedures Board and any and all
documents or other records | ||||||
18 | prepared by the Experimental Organ
Transplantation | ||||||
19 | Procedures Board or its staff relating to applications
it | ||||||
20 | has received.
| ||||||
21 | (bb) Insurance or self insurance (including any | ||||||
22 | intergovernmental risk
management association or self | ||||||
23 | insurance pool) claims, loss or risk
management | ||||||
24 | information, records, data, advice or communications.
| ||||||
25 | (cc) Information and records held by the Department of | ||||||
26 | Public Health and
its authorized representatives relating |
| |||||||
| |||||||
1 | to known or suspected cases of
sexually transmissible | ||||||
2 | disease or any information the disclosure of which
is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act.
| ||||||
5 | (dd) Information the disclosure of which is exempted | ||||||
6 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
7 | (ee) Firm performance evaluations under Section 55 of | ||||||
8 | the
Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based
Selection Act.
| ||||||
10 | (ff) Security portions of system safety program plans, | ||||||
11 | investigation
reports, surveys, schedules, lists, data, or | ||||||
12 | information compiled, collected,
or prepared by or for the | ||||||
13 | Regional Transportation Authority under Section 2.11
of | ||||||
14 | the Regional Transportation Authority Act or the St. Clair | ||||||
15 | County Transit
District under the
Bi-State Transit Safety | ||||||
16 | Act.
| ||||||
17 | (gg) Information the disclosure of which is restricted | ||||||
18 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
19 | Tuition Act.
| ||||||
20 | (hh) Information the disclosure of which is
exempted | ||||||
21 | under the State Officials and Employees Ethics Act.
| ||||||
22 | (ii) Beginning July 1, 1999, information that would | ||||||
23 | disclose
or might lead to the disclosure of
secret or | ||||||
24 | confidential information, codes, algorithms, programs, or | ||||||
25 | private
keys intended to be used to create electronic or | ||||||
26 | digital signatures under the
Electronic Commerce Security |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (jj) Information contained in a local emergency energy | ||||||
3 | plan submitted to
a municipality in accordance with a local | ||||||
4 | emergency energy plan ordinance that
is adopted under | ||||||
5 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
6 | (kk) Information and data concerning the distribution | ||||||
7 | of
surcharge moneys collected and remitted by wireless | ||||||
8 | carriers under the Wireless
Emergency Telephone Safety | ||||||
9 | Act.
| ||||||
10 | (ll) Vulnerability assessments, security measures, and | ||||||
11 | response policies
or plans that are designed to identify, | ||||||
12 | prevent, or respond to potential
attacks upon a community's | ||||||
13 | population or systems, facilities, or installations,
the | ||||||
14 | destruction or contamination of which would constitute a | ||||||
15 | clear and present
danger to the health or safety of the | ||||||
16 | community, but only to the extent that
disclosure could | ||||||
17 | reasonably be expected to jeopardize the effectiveness of | ||||||
18 | the
measures or the safety of the personnel who implement | ||||||
19 | them or the public.
Information exempt under this item may | ||||||
20 | include such things as details
pertaining to the | ||||||
21 | mobilization or deployment of personnel or equipment, to | ||||||
22 | the
operation of communication systems or protocols, or to | ||||||
23 | tactical operations.
| ||||||
24 | (mm) Maps and other records regarding the location or | ||||||
25 | security of a
utility's generation, transmission, | ||||||
26 | distribution, storage, gathering,
treatment, or switching |
| |||||||
| |||||||
1 | facilities.
| ||||||
2 | (nn) Law enforcement officer identification | ||||||
3 | information or
driver
identification
information compiled | ||||||
4 | by a law enforcement agency or the Department of
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5 | Transportation
under Section 11-212 of the Illinois | ||||||
6 | Vehicle Code.
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7 | (oo) Records and information provided to a residential
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8 | health care
facility resident sexual assault
and death | ||||||
9 | review team or the Executive Council under the Abuse | ||||||
10 | Prevention Review Team Act.
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11 | (pp) Information provided to the predatory lending | ||||||
12 | database created pursuant to Article 3 of the Residential | ||||||
13 | Real Property Disclosure Act, except to the extent | ||||||
14 | authorized under that Article.
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15 | (qq) Defense budgets and petitions for certification | ||||||
16 | of compensation and expenses for court appointed trial | ||||||
17 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
18 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
19 | until the conclusion of the trial of the case, even if the | ||||||
20 | prosecution chooses not to pursue the death penalty prior | ||||||
21 | to trial or sentencing.
| ||||||
22 | (rr) Records of investigations conducted by the | ||||||
23 | Illinois Innocence Inquiry Commission.
| ||||||
24 | (2) This Section does not authorize withholding of | ||||||
25 | information or limit the
availability of records to the public, | ||||||
26 | except as stated in this Section or
otherwise provided in this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
3 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||||||
4 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
5 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||||||
6 | 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||||||
7 | 8-3-06.)
| ||||||
8 | Section 910. The Code of Criminal Procedure of 1963 is | ||||||
9 | amended by adding Section 116-6 as follows: | ||||||
10 | (725 ILCS 5/116-6 new)
| ||||||
11 | Sec. 116-6. Post-trial motions and appeal. | ||||||
12 | (a) Relief from errors committed in criminal trials and | ||||||
13 | proceedings and other post-trial relief may be sought by a | ||||||
14 | motion for innocence claim inquiry under the Illinois Innocence | ||||||
15 | Inquiry Commission Act. | ||||||
16 | (b) For claims of factual innocence, the court may grant a | ||||||
17 | motion for referral to the Illinois Innocence Inquiry | ||||||
18 | Commission.
| ||||||
19 | (c) A claim of factual innocence asserted through the | ||||||
20 | Illinois Innocence Inquiry Commission does not impact rights or | ||||||
21 | relief provided for in this Code. | ||||||
22 | (d) When a motion for relief is made under this Article, | ||||||
23 | the court must decide for claims of factual innocence, whether | ||||||
24 | to refer the case for further investigation to the Illinois |
| |||||||
| |||||||
1 | Innocence Inquiry Commission.
| ||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|