Rep. Arthur L. Turner
Filed: 5/24/2007
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1 | AMENDMENT TO HOUSE BILL 765
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2 | AMENDMENT NO. ______. Amend House Bill 765, AS AMENDED, by | ||||||
3 | replacing the preamble with the following:
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4 | "WHEREAS, Post-conviction review of credible claims, | ||||||
5 | supported by verifiable evidence, of torture by former Chicago | ||||||
6 | Police Commander Jon Burge and/or officers under his | ||||||
7 | supervision should be addressed expeditiously to ensure the | ||||||
8 | victims of torture receive justice; and | ||||||
9 | WHEREAS, More than 100 African-American men and women were | ||||||
10 | victims of systematic torture committed by several Chicago | ||||||
11 | Police officers under the Supervision of former Police | ||||||
12 | Commander Jon Burge over a two-decade period, from as early | ||||||
13 | 1970 to 1992 and later; and | ||||||
14 | WHEREAS, The incarceration of an innocent victim of torture | ||||||
15 | not only works an injustice against that individual, but also |
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1 | harms society in that the real perpetrator of a crime remains | ||||||
2 | free and able to commit additional criminal acts; and | ||||||
3 | WHEREAS, Wrongful convictions result in an erosion of | ||||||
4 | public confidence in the judicial systems; and | ||||||
5 | WHEREAS, May 19, 2006, The United Nations Committee Against
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6 | Torture when issuing its Conclusions and Recommendations with | ||||||
7 | respect to the US Government's compliance with the Convention | ||||||
8 | Against Torture and Other Cruel, Inhuman, Degrading Treatment | ||||||
9 | and Punishment cited the limited investigation and lack of | ||||||
10 | prosecution in the Chicago Police torture cases and called on | ||||||
11 | the US Government to thoroughly and impartially investigate all | ||||||
12 | allegations of acts of torture or cruel, inhuman or degrading | ||||||
13 | treatment or punishment in these cases; and
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14 | WHEREAS, Between 1973-1981 - numerous other | ||||||
15 | African-American arrestees were tortured with electric-shock | ||||||
16 | and suffocation at Area 2 by Burge and his cohorts to obtain | ||||||
17 | confessions. The torture included, plastic bags placed over | ||||||
18 | arrestees heads until lose of consciousness; electric shock | ||||||
19 | with dark box referred to as "nigger box", to testicles, | ||||||
20 | armpits, ears, Russian roulette; beatings with guns, fists, and | ||||||
21 | flashlights; repeated racial epithets; cattle prods; and | ||||||
22 | cigarette burns; and |
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1 | WHEREAS, 1981-1988 - 55 separate victims allege torture at | ||||||
2 | Area 2, including Madison Hobley, Leroy Orange, Stanley Howard, | ||||||
3 | Darrell Cannon, and Aaron Patterson. In most of these cases, | ||||||
4 | the State's Attorney's Office is aware of the allegations, and | ||||||
5 | nonetheless uses the coerced evidence to send the victims to | ||||||
6 | prison; and | ||||||
7 | WHEREAS, January 28, 1991 - Amnesty International issued a | ||||||
8 | report calling for an inquiry into allegations of police | ||||||
9 | torture in Chicago. Mayor Daley had "no comment whatsoever". | ||||||
10 | September 1991 - a thirteen year old boy alleged that he had
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11 | been tortured with electric shock at Area three. Burge and | ||||||
12 | former Sergeant John Byrne
allegedly supervised the | ||||||
13 | interrogation; and
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14 | WHEREAS, January 1992 - During proceedings before the | ||||||
15 | Police Board, City lawyers admitted that the evidence of Area 2 | ||||||
16 | torture established "an astounding pattern or plan. . . to | ||||||
17 | torture certain suspects. . . into confessing to crimes or to | ||||||
18 | condone such activity"; and | ||||||
19 | WHEREAS, February 7, 1992 - the Office of Professional | ||||||
20 | Standards publicly released its
Torture reports after being | ||||||
21 | ordered to do so by a federal
judge, and in the Goldston Report | ||||||
22 | the agency found the abuse was "systematic", it included acts | ||||||
23 | of torture" and that "[p]articular command members were aware |
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1 | of the systematic abuse and participated in it either by | ||||||
2 | actively participating in same or failing to take any action to | ||||||
3 | bring it to an end"; and | ||||||
4 | WHEREAS, February-March 1992 - City administratively | ||||||
5 | prosecuted Burge, Yucaitis, and O'Hara in a 6 week hearing | ||||||
6 | before the Police Board for the torture of Andrew Wilson; and | ||||||
7 | WHEREAS, February 11, 1993 - The Chicago Police Board fired | ||||||
8 | Jon Burge and suspended John Yucaitis for 15 months on charges | ||||||
9 | of torturing and physically abusing Andrew Wilson. O'Hara was | ||||||
10 | completely exonerated; and | ||||||
11 | WHEREAS, 1993 - The OPS reopened investigations into | ||||||
12 | approximately 10 of the 60 known victims of police torture. | ||||||
13 | These cases include Cannon and Howard; and | ||||||
14 | WHEREAS, 1993-1994 - After exhaustive investigations, OPS | ||||||
15 | investigators complete detailed reports, sustaining torture | ||||||
16 | allegations in 6 cases, including Cannon and Howard, against | ||||||
17 | several of Burge's trusted Area 2 associates, including Sgt. | ||||||
18 | Byrne and Detective Dignan; and | ||||||
19 | WHEREAS, May 15, 1995 - City of Chicago admitted that | ||||||
20 | Melvin Jones had been electrically shocked in an attempt to | ||||||
21 | extract a confession; and |
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1 | WHEREAS, July 13, 1995 - City of Chicago admits in a legal | ||||||
2 | document that Andrew Wilson was tortured by Burge; and | ||||||
3 | WHEREAS, November 1, 1999 - At Cannon's hearing, Dr. Robert | ||||||
4 | Kirschner, an internationally respected expert on torture and | ||||||
5 | human rights violations, testified that Cannon and several | ||||||
6 | other Area 2 victims were tortured and that this torture was | ||||||
7 | part of a pattern and practice similar to that found in other | ||||||
8 | countries where official torture is practiced by their military | ||||||
9 | and law enforcement agencies; and | ||||||
10 | WHEREAS, 1999 - Federal Judge Milton Shadur found that "it | ||||||
11 | is now common knowledge that Jon Burge and many officers | ||||||
12 | working under him regularly engaged in the physical abuse and | ||||||
13 | torture of prisoners in order to extract confessions"; and | ||||||
14 | WHEREAS, August 2000 - Illinois Supreme Court recognized | ||||||
15 | the importance of the newly discovered evidence of torture, and | ||||||
16 | ordered that Aaron Patterson, Stanley Howard, and 2 other death | ||||||
17 | row inmates be afforded hearings on their allegations of | ||||||
18 | torture; and | ||||||
19 | WHEREAS, April 2002 - Chief Cook County Criminal Court | ||||||
20 | Judge Paul Biebel found that Cook County State's Attorney | ||||||
21 | Richard Devine had a conflict arising from his prior |
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1 | representation of Burge and other Area Two Detectives while in | ||||||
2 | private practice, and appointed Retired Judge Edward Egan as | ||||||
3 | Special Prosecutor to investigate Area 2 torture; and | ||||||
4 | WHEREAS, January 10, 2003 - Governor George Ryan granted | ||||||
5 | Madison Hobley, Stanley Howard, Aaron Patterson, and Leroy | ||||||
6 | Orange pardons on the basis of innocence, while determining | ||||||
7 | that their confessions were tortured from them by Burge and his | ||||||
8 | men; and | ||||||
9 | WHEREAS, 2004 - During the course of the civil litigation | ||||||
10 | and in furtherance of the code of silence, Burge, Byrne, and | ||||||
11 | more than 30 other Area 2 detectives and supervisors asserted | ||||||
12 | their Fifth Amendment right not to incriminate themselves and | ||||||
13 | refused to answer questions on each and every allegation of | ||||||
14 | torture; and | ||||||
15 | WHEREAS, 2004 - Several African-American former Area 2 | ||||||
16 | detectives who worked under Burge come forward and broke the | ||||||
17 | code of silence, admitting that they saw or heard evidence of | ||||||
18 | torture, saw implements of torture, including Burge's shock | ||||||
19 | box, and that torture by Burge and his men was an "open secret" | ||||||
20 | at Area 2; and | ||||||
21 | WHEREAS, January 2005 - United States Court of Appeals | ||||||
22 | Justice Diane Wood likened Area 2 torture to that of Abu |
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1 | Ghraib, writing: "[A] mountain of evidence indicates that | ||||||
2 | torture was an ordinary occurrence at the Area 2 station of the | ||||||
3 | Chicago Police Department. Eventually, as this sorry tale came | ||||||
4 | to light, the Office of Professional Standards Investigation of | ||||||
5 | the Police Department looked into the allegations, and it | ||||||
6 | issued a report that concluded that police torture under the | ||||||
7 | command of Lt. Jon Burge - the officer in charge of Hinton's | ||||||
8 | case - had been a regular part of the system for more than ten | ||||||
9 | years. And, in language reminiscent of the news reports of 2004 | ||||||
10 | concerning the notorious Abu Ghraib facility in Iraq, the | ||||||
11 | report said that: [t]he type of abuse described was not limited | ||||||
12 | to the usual beating, but went into such esoteric areas as | ||||||
13 | psychological techniques and planned torture"; and | ||||||
14 | WHEREAS, January 2005 - Justice Wood further found that | ||||||
15 | Area Two torture violated the United Nations prohibition | ||||||
16 | against torture, writing: Indeed, the alleged conduct is so | ||||||
17 | extreme that, if proven, it would fall within the prohibitions | ||||||
18 | established by the United Nations Convention Against Torture | ||||||
19 | ("CAT"), which defines torture as "any act by which severe pain | ||||||
20 | or suffering, whether physical or mental, is intentionally | ||||||
21 | inflicted on a person for such purposes as obtaining from him | ||||||
22 | or a third person information or a confession. . . ." thereby | ||||||
23 | violating the fundamental human rights principles that the | ||||||
24 | United States is committed to uphold. . . .; and |
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1 | WHEREAS, Spring 2005 - Freedom of information documents | ||||||
2 | reveal that the City of Chicago has spent more than $6,000,000 | ||||||
3 | in legal fees defending itself and Burge and his men against | ||||||
4 | allegations of torture, despite repeatedly acknowledging that | ||||||
5 | they had engaged in a pattern and practice of torture; and | ||||||
6 | WHEREAS, September 1, 2005 - Frustrated by the fact that | ||||||
7 | the Special Prosecutor had not brought indictments, community | ||||||
8 | groups petitioned the Organization of American States' | ||||||
9 | Inter-American Commission on Human Rights and was granted a | ||||||
10 | hearing on police torture and the failure to prosecute Burge | ||||||
11 | and his men; and | ||||||
12 | WHEREAS, On July 19, 2006, the Special Prosecutors filed a | ||||||
13 | 292-page report documenting their investigation, which took | ||||||
14 | four years to complete at a cost to taxpayers of $7,000,000, | ||||||
15 | and although they claimed Burge and others could not be | ||||||
16 | criminally prosecuted due to the state statute of limitations, | ||||||
17 | and they concluded: | ||||||
18 | "Beyond a reasonable doubt," Jon Burge and five other | ||||||
19 | detectives under his command committed criminal acts in | ||||||
20 | violation of the laws of the State of Illinois which | ||||||
21 | included armed violence, aggravated battery, intimidation, | ||||||
22 | official misconduct, perjury, and/or obstruction of | ||||||
23 | justice against three African American male torture | ||||||
24 | victims, Andrew Wilson, Alphonso Pinex and Phillip Adkins; |
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1 | and | ||||||
2 | Many other African American victims were abused by | ||||||
3 | Burge including Melvin Jones, Shaded Mumin and Michael | ||||||
4 | Johnson, but "proof beyond a reasonable doubt [was] | ||||||
5 | absent"; and | ||||||
6 | Of the 148 cases they investigated, they believed that | ||||||
7 | abuse occurred in 74, or approximately half of the cases; | ||||||
8 | and | ||||||
9 | Jon Burge was guilty of abusing people with impunity | ||||||
10 | and therefore those serving under his command believed they | ||||||
11 | too could abuse people with impunity; and | ||||||
12 | Eight to twelve detectives (out a police unit of | ||||||
13 | forty-four) were responsible for the majority of the | ||||||
14 | torture; and | ||||||
15 | The former Superintendent of the Chicago Police | ||||||
16 | Department (hereinafter CPD) Richard J. Brzeczek was | ||||||
17 | guilty of a "dereliction of duty" and "did not act in good | ||||||
18 | faith in the investigation of Andrew Wilson's case" | ||||||
19 | because: 1) Brzeczek "believed at the time that officers at | ||||||
20 | Area 2 had tortured Andrew Wilson," yet Brzeczek "kept | ||||||
21 | Burge in command at Area 2, and issued a letter of | ||||||
22 | commendation to all of the detectives at Area 2;" and 2) | ||||||
23 | Brzeczek was aware CPD officers falsely testified under | ||||||
24 | oath at a motion to suppress Wilson's coerced confession | ||||||
25 | and before a jury in Wilson's criminal trial, denying | ||||||
26 | Wilson had been tortured, in order to use his coerced |
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1 | confession to convict him and sentence him to death; and | ||||||
2 | The Chief of Felony Review of the Cook County State's | ||||||
3 | Attorney's Office, Lawrence Hyman, who interviewed Andrew | ||||||
4 | Wilson after he was tortured at Police Headquarters, gave | ||||||
5 | "false testimony" in Andrew Wilson's criminal proceedings | ||||||
6 | when "he denied that Andrew Wilson told him he had been | ||||||
7 | tortured by detectives under the command of Jon Burge;" and | ||||||
8 | Something should have been done about the disgrace and | ||||||
9 | embarrassment [at Area 2] 24 years ago by the Chicago | ||||||
10 | Police Superintendent"; and | ||||||
11 | WHEREAS, The 100 or more torture victims were forced to | ||||||
12 | confess to crimes and the forced confessions were used to | ||||||
13 | convict them; and | ||||||
14 | WHEREAS, At least 24 victims of torture are still | ||||||
15 | imprisoned in Illinois prisons and these victims no longer have | ||||||
16 | recourse through the courts; and | ||||||
17 | WHEREAS, Public confidence in the justice system is | ||||||
18 | strengthened by thorough and timely inquiry into claims of | ||||||
19 | torture; and | ||||||
20 | WHEREAS, Factual claims of torture, which are determined to | ||||||
21 | be credible, can most effectively and efficiently be evaluated | ||||||
22 | through complete and independent investigation and review of |
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1 | the same; therefore"; and | ||||||
2 | by replacing everything after the enacting clause with the | ||||||
3 | following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Torture Inquiry and Relief Commission Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | (1) "Claim of torture" means a claim on behalf of
a living | ||||||
8 | person convicted of a felony in Illinois asserting that
he was | ||||||
9 | tortured into confessing to the crime
for which the person was | ||||||
10 | convicted and the tortured confession was used to obtain the | ||||||
11 | conviction
and for
which there is some credible evidence
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12 | related to allegations of torture committed by
Commander Jon | ||||||
13 | Burge or any officer under the supervision of Jon
Burge.
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14 | (2) "Commission" means the Illinois Torture Inquiry and | ||||||
15 | Relief Commission established by this Act. | ||||||
16 | (3) "Director" means the Director of the Illinois Torture | ||||||
17 | Inquiry and Relief Commission. | ||||||
18 | (4) "Victim" means the victim of the crime, or if the | ||||||
19 | victim of the crime is deceased, the next of kin of the victim. | ||||||
20 | Section 10. Purpose of Act. This Act establishes an | ||||||
21 | extraordinary procedure to investigate and determine factual | ||||||
22 | claims of torture related to allegations of torture that shall |
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1 | require an individual to voluntarily waive rights and | ||||||
2 | privileges as described in this Act. | ||||||
3 | Section 15. Commission established. | ||||||
4 | (a) There is established the Illinois Torture and Relief | ||||||
5 | Inquiry Commission. The Illinois Torture Relief Inquiry | ||||||
6 | Commission shall be an independent commission under the | ||||||
7 | Administrative Office of the Illinois Courts for | ||||||
8 | administrative purposes. | ||||||
9 | (b) The Administrative Office of the Illinois Courts shall | ||||||
10 | provide administrative support to the Commission as needed. The | ||||||
11 | Director of the Administrative Office of the Illinois Courts | ||||||
12 | shall not reduce or modify the budget of the Commission or use | ||||||
13 | funds appropriated to the Commission without the approval of | ||||||
14 | the Commission. | ||||||
15 | Section 20. Membership; chair; meetings; quorum. | ||||||
16 | (a) The Commission shall consist of 8 voting members as | ||||||
17 | follows: | ||||||
18 | (1) One shall be a Circuit Court Judge, with 10 years | ||||||
19 | or less seniority. | ||||||
20 | (2) One shall be a former prosecuting attorney. | ||||||
21 | (3) One shall be a law school professor. | ||||||
22 | (4) One shall be engaged in the practice of criminal | ||||||
23 | defense law. | ||||||
24 | (5) Three shall be members of the public who are not |
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1 | attorneys
and who are not officers or employees of the | ||||||
2 | Judicial
branch.
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3 | (6) One shall be a former public defender. | ||||||
4 | The Commission shall be appointed as follows: | ||||||
5 | 2 members appointed by the Governor; | ||||||
6 | 2 members appointed by the President of the Senate; | ||||||
7 | One member appointed by the Minority Leader of the | ||||||
8 | Senate; | ||||||
9 | 2 members appointed by the Speaker of the House of | ||||||
10 | Representatives; and | ||||||
11 | One member appointed by the Minority Leader of the | ||||||
12 | House of Representatives. | ||||||
13 | After an appointee has served his or her first 3-year term, | ||||||
14 | the subsequent appointment or reappointment may be by the | ||||||
15 | initial appointing authority. | ||||||
16 | (a-1) The appointing authority shall also appoint | ||||||
17 | alternate Commission members for the Commission members he or | ||||||
18 | she has appointed to serve in the event of scheduling | ||||||
19 | conflicts, conflicts of interest, disability, or other | ||||||
20 | disqualification arising in a particular case. The alternate | ||||||
21 | members shall have the same qualifications for appointment as | ||||||
22 | the original member. In making the appointments, the appointing | ||||||
23 | authority shall make a good faith effort to appoint members | ||||||
24 | with different perspectives of the justice system. The | ||||||
25 | appointing authority shall also consider geographical | ||||||
26 | location, gender, and racial diversity in making the |
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1 | appointments. | ||||||
2 | (b) The judge who is appointed as a member under subsection | ||||||
3 | (a) shall serve as Chair of the Commission. The Commission | ||||||
4 | shall have its initial meeting no later than January 31, 2008, | ||||||
5 | at the call of the Chair. The Commission shall meet a minimum | ||||||
6 | of once every 6 months and may also meet more often at the call | ||||||
7 | of the Chair. The Commission shall meet at such time and place | ||||||
8 | as designated by the Chair. Notice of the meetings shall be | ||||||
9 | given at such time and manner as provided by the rules of the | ||||||
10 | Commission. A majority of the members shall constitute a | ||||||
11 | quorum. All Commission votes shall be by majority vote. | ||||||
12 | Section 25. Terms of members; compensation; expenses. | ||||||
13 | (a) Of the initial members, 2 appointments shall be for | ||||||
14 | one-year terms, 3 appointments shall be for 2-year terms, and 3 | ||||||
15 | appointments shall be for 3-year terms. Thereafter, all terms | ||||||
16 | shall be for 3 years. Members of the Commission shall serve no | ||||||
17 | more than 2 consecutive 3-year terms plus any initial term of | ||||||
18 | less than 3 years. Unless provided otherwise by this Act, all | ||||||
19 | terms of members shall begin on January 1 and end on December | ||||||
20 | 31. | ||||||
21 | Members serving by virtue of elective or appointive office, | ||||||
22 | may serve only so long as the office holders hold those | ||||||
23 | respective offices. The Chief Judge of the Cook County Circuit | ||||||
24 | Court may remove members, with cause. Vacancies occurring | ||||||
25 | before the expiration of a term shall be filled in the manner |
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1 | provided for the members first appointed. | ||||||
2 | (b) The Commission members shall receive no salary for | ||||||
3 | serving. All Commission members shall receive necessary | ||||||
4 | subsistence and travel expenses. | ||||||
5 | Section 30. Director and other staff. The Commission shall | ||||||
6 | employ a Director. The Director shall be an attorney licensed | ||||||
7 | to practice in Illinois at the time of appointment and at all | ||||||
8 | times during service as Director. The Director shall assist the | ||||||
9 | Commission in developing rules and standards for cases accepted | ||||||
10 | for review, coordinate investigation of cases accepted for | ||||||
11 | review, maintain records for all cases investigations, prepare | ||||||
12 | reports outlining Commission investigations and | ||||||
13 | recommendations to the trial court, and apply for and accept on | ||||||
14 | behalf of the Commission any funds that may become available | ||||||
15 | from government grants, private gifts, donations, or bequests | ||||||
16 | from any source. | ||||||
17 | Subject to the approval of the Chair, the Director shall | ||||||
18 | employ such other staff and shall contract for services as is | ||||||
19 | necessary to assist the Commission in the performance of its | ||||||
20 | duties, and as funds permit. | ||||||
21 | The Commission may meet in an area provided by the | ||||||
22 | Administrative Office of the Illinois Courts. The | ||||||
23 | Administrative Office of the Illinois Courts shall provide | ||||||
24 | office space for the Commission and the Commission staff. |
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1 | Section 35. Duties. The Commission shall have the following | ||||||
2 | duties and powers: | ||||||
3 | (1) To establish the criteria and screening process to | ||||||
4 | be used to determine which cases shall be accepted for | ||||||
5 | review. | ||||||
6 | (2) To conduct inquiries into claims of torture with | ||||||
7 | priority to be given to those cases in which the convicted | ||||||
8 | person is currently incarcerated solely for the crime to | ||||||
9 | which he or she claims torture by Jon Burge and - or | ||||||
10 | officers under his command. | ||||||
11 | (3) To coordinate the investigation of cases accepted | ||||||
12 | for review. | ||||||
13 | (4) To maintain records for all case investigations. | ||||||
14 | (5) To prepare written reports outlining Commission | ||||||
15 | investigations and recommendations to the trial court at | ||||||
16 | the completion of each inquiry. | ||||||
17 | (6) To apply for and accept any funds that may become | ||||||
18 | available for the Commission's work from government | ||||||
19 | grants, private gifts, donations, or bequests from any | ||||||
20 | source. | ||||||
21 | Section 40. Claims of torture; waiver of convicted person's | ||||||
22 | procedural safeguards and privileges; formal inquiry; | ||||||
23 | notification of the crime victim. | ||||||
24 | (a) A claim of torture may be referred to the Commission by | ||||||
25 | any court, person, or agency. The Commission shall not consider |
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1 | a claim of torture if the convicted person is deceased. The | ||||||
2 | determination of whether to grant a formal inquiry regarding | ||||||
3 | any other claim of torture is in the discretion of the | ||||||
4 | Commission. The Commission may informally screen and dismiss a | ||||||
5 | case summarily at its discretion. | ||||||
6 | (b) No formal inquiry into a claim of torture shall be made | ||||||
7 | by the Commission unless the Director or the Director's | ||||||
8 | designee first obtains a signed agreement from the convicted | ||||||
9 | person in which the convicted person waives his or her | ||||||
10 | procedural safeguard and privileges, agrees to cooperate with | ||||||
11 | the Commission, and agrees to provide full disclosure regarding | ||||||
12 | inquiry requirements of the Commission. The Waver under this | ||||||
13 | subsection does not apply to matters unrelated to a convicted | ||||||
14 | person's claim of torture. The convicted person shall have the | ||||||
15 | right to advice of counsel prior to the execution of the | ||||||
16 | agreement and, if a formal inquiry is granted, throughout the | ||||||
17 | formal inquiry. If counsel represents the convicted person, | ||||||
18 | then the convicted person's counsel must be present at the | ||||||
19 | signing of the agreement. If counsel does not represent the | ||||||
20 | convicted person, the Commission Chair shall determine the | ||||||
21 | convicted person's indigency status and, if appropriate, enter | ||||||
22 | an order for the appointment of counsel for the purpose of | ||||||
23 | advising on the agreement. | ||||||
24 | (c) If a formal inquiry regarding a claim of torture is | ||||||
25 | granted, the Director shall use all due diligence to notify the | ||||||
26 | victim in the case and explain the inquiry process. The |
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1 | Commission shall give the victim notice that the victim has the | ||||||
2 | right to present his or her views and concerns throughout the | ||||||
3 | Commission's investigation. | ||||||
4 | (d) The Commission may use any measure provided in the Code | ||||||
5 | of Civil Procedure and the Code of Criminal Procedure of 1963 | ||||||
6 | to obtain information necessary to its inquiry. The Commission | ||||||
7 | may also do any of the following: issue process to compel the | ||||||
8 | attendance of witnesses and the production of evidence, | ||||||
9 | administer oaths, petition the Circuit Court of Cook County or | ||||||
10 | of the original jurisdiction for enforcement of process or for | ||||||
11 | other relief, and prescribe its own rules of procedure. All | ||||||
12 | challenges with regard to the Commission's authority or the | ||||||
13 | Commission's access to evidence shall be heard by the | ||||||
14 | Commission Chair in the Chair's judicial capacity, including | ||||||
15 | any in camera review. | ||||||
16 | (e) While performing duties for the Commission, the | ||||||
17 | Director or the Director's designee may serve subpoenas or | ||||||
18 | other process issued by the Commission throughout the State in | ||||||
19 | the same manner and with the same effect as an officer | ||||||
20 | authorized to serve process under the laws of this State. | ||||||
21 | (f) All State discovery and disclosure statutes in effect | ||||||
22 | at the time of formal inquiry shall be enforceable as if the | ||||||
23 | convicted person were currently being tried for the charge for | ||||||
24 | which the convicted person is claiming torture. | ||||||
25 | (g) If, at any point during an inquiry, the convicted | ||||||
26 | person refuses to comply with requests of the Commission or is |
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1 | otherwise deemed to be uncooperative by the Commission, the | ||||||
2 | Commission shall discontinue the inquiry. | ||||||
3 | Section 45. Commission proceedings. | ||||||
4 | (a) At the completion of a formal inquiry, all relevant | ||||||
5 | evidence shall be presented to the full Commission. As part of | ||||||
6 | its proceedings, the Commission may conduct public hearings. | ||||||
7 | The determination as to whether to conduct public hearings is | ||||||
8 | solely in the discretion of the Commission. Any public hearing | ||||||
9 | held in accordance with this Section shall be subject to the | ||||||
10 | Commission's rules of operation. | ||||||
11 | (b) The Director shall use all due diligence to notify the | ||||||
12 | victim at least 30 days prior to any proceedings of the full | ||||||
13 | Commission held in regard to the victim's case. The Commission | ||||||
14 | shall notify the victim that the victim is permitted to attend | ||||||
15 | proceedings otherwise closed to the public, subject to any | ||||||
16 | limitations imposed by this Act, If the victim plans to attend | ||||||
17 | proceedings otherwise closed to the public, the victim shall | ||||||
18 | notify the Commission at least 10 days in advance of the | ||||||
19 | proceedings of his or her intent to attend. If the Commission | ||||||
20 | determines that the victim's presence may interfere with the | ||||||
21 | investigation, the Commission may close any portion of the | ||||||
22 | proceedings to the victim. | ||||||
23 | (c) After hearing the evidence, the full Commission shall | ||||||
24 | vote to establish further case disposition as provided by this | ||||||
25 | subsection. All 8 voting members of the Commission shall |
| |||||||
| |||||||
1 | participate in that vote. | ||||||
2 | If 5 or more of the 8 voting members of the Commission | ||||||
3 | conclude there is sufficient evidence of torture to merit | ||||||
4 | judicial review, the case shall be referred to the Chief Judge | ||||||
5 | of the Circuit Court of Cook County by filing with the clerk of | ||||||
6 | court the opinion of the Commission with supporting findings of | ||||||
7 | fact, as well as the record in support of such opinion, with | ||||||
8 | service on the State's Attorney if another State's Attorney is | ||||||
9 | appointed other than Richard Devine in non-capital cases and | ||||||
10 | service on both the State's Attorney and Attorney General in | ||||||
11 | capital cases. | ||||||
12 | If less than 5 of the 8 voting members of the Commission | ||||||
13 | conclude there is insufficient evidence of torture to merit | ||||||
14 | judicial review, the Commission shall conclude there is | ||||||
15 | insufficient evidence of torture to merit judicial review. The | ||||||
16 | Commission shall document that opinion, along with supporting | ||||||
17 | findings of fact, and file those documents and supporting | ||||||
18 | materials with the court clerk in the circuit of original | ||||||
19 | jurisdiction, with a copy to the State's Attorney and the chief | ||||||
20 | judge. | ||||||
21 | The Director of the Commission shall use all due diligence | ||||||
22 | to notify immediately the victim of the Commission's conclusion | ||||||
23 | in a case. | ||||||
24 | (d) Evidence of criminal acts, professional misconduct, or | ||||||
25 | other wrongdoing disclosed through formal inquiry or | ||||||
26 | Commission proceedings shall be referred to the appropriate |
| |||||||
| |||||||
1 | authority. Evidence favorable to the convicted person | ||||||
2 | disclosed through formal inquiry or Commission proceedings | ||||||
3 | shall be disclosed to the convicted person and the convicted | ||||||
4 | person's counsel, if the convicted person has counsel. | ||||||
5 | (e) All proceedings, of the Commission shall be recorded | ||||||
6 | and transcribed as part of the record. All Commission member | ||||||
7 | votes shall be recorded in the record. All records and | ||||||
8 | proceedings of the Commission are confidential and are exempt | ||||||
9 | from public record and public meeting laws except that the | ||||||
10 | supporting records for the Commission's conclusion that there | ||||||
11 | is sufficient evidence of torture to merit judicial review, | ||||||
12 | including all files and materials considered by the Commission | ||||||
13 | and an full transcript of the hearing before the Commission, | ||||||
14 | shall become public at the time of referral to the court. | ||||||
15 | Commission records for conclusions of insufficient evidence of | ||||||
16 | torture to merit judicial review shall remain confidential, | ||||||
17 | except as provided in subsection (d). | ||||||
18 | Section 50. Post-commission judicial review. | ||||||
19 | (a) If the Commission concludes there is sufficient | ||||||
20 | evidence of torture to merit judicial review, the
Chair of the | ||||||
21 | Commission shall request the Chief Judge of the Circuit Court | ||||||
22 | of Cook County for assignment to a trial judge for | ||||||
23 | consideration. The court may receive proof by affidavits, | ||||||
24 | depositions, oral testimony, or other evidence. In its | ||||||
25 | discretion the court may order the petitioner brought before |
| |||||||
| |||||||
1 | the court for the hearing. If the court finds in favor of the | ||||||
2 | petitioner, it shall enter an appropriate order with respect to | ||||||
3 | the judgment or sentence in the former proceedings and such | ||||||
4 | supplementary orders as to rearraignment, retrial, custody, | ||||||
5 | bail or discharge as may be necessary and proper.
| ||||||
6 | (c) The State's Attorney, or the State's Attorney's | ||||||
7 | designee, shall represent the State at the hearing before the | ||||||
8 | Assigned judge. | ||||||
9 | Section 55. No right to further review of decision by | ||||||
10 | Commission; convicted person retains right to other | ||||||
11 | postconviction relief. | ||||||
12 | (a) Unless otherwise authorized by this Act, the decisions | ||||||
13 | of the Commission are final and are subject to further review | ||||||
14 | by appeal, certification, writ, motion, or otherwise. | ||||||
15 | (b) A claim of torture asserted through the Commission | ||||||
16 | shall not adversely affect the convicted person's rights to | ||||||
17 | other post conviction relief.
| ||||||
18 | Section 60. In order to allow staggered terms of members of | ||||||
19 | the Illinois Torture Inquiry and Relief Commission, the | ||||||
20 | Commission members identified in paragraphs (1), (2), and (4) | ||||||
21 | of subsection (a) of Section 20 shall be appointed to initial | ||||||
22 | terms of 2 years, the Commission members identified in | ||||||
23 | paragraph (5) of subsection (a) of Section 20 shall be | ||||||
24 | appointed to initial terms of 3 years, and the Commission |
| |||||||
| |||||||
1 | members identified in paragraph (3) and (6) of subsection (a) | ||||||
2 | of Section 20 shall be appointed to initial terms of one year. | ||||||
3 | Section 65. Beginning January 1, 2009, and annually | ||||||
4 | thereafter, the Illinois Torture and Inquiry Relief Commission | ||||||
5 | shall report on its activities to the General Assembly and the | ||||||
6 | Governor. The report may contain recommendations of any needed | ||||||
7 | legislative changes related to the activities of the | ||||||
8 | Commission. The report shall recommend the funding needed by | ||||||
9 | the Commission, the State's Attorneys, and the Department of | ||||||
10 | State Police in order to meet their responsibilities under this | ||||||
11 | Act. Recommendations concerning the State's Attorneys or the | ||||||
12 | Department of State Police shall only be made after | ||||||
13 | consultations with the Illinois State's Attorneys Association | ||||||
14 | and the Attorney General. | ||||||
15 | Section 70. The Administrative Office of the Illinois | ||||||
16 | Courts shall report to the General Assembly and the Chief | ||||||
17 | Justice no later than December 31, 2010, and no later than | ||||||
18 | December 31 of every third year, regarding the implementation | ||||||
19 | of this Act and shall include in its report the statistics | ||||||
20 | regarding inquiries and any recommendations for changes. The | ||||||
21 | House of Representatives and the Senate shall refer the report | ||||||
22 | to the appropriate committees for their review. | ||||||
23 | Section 75. The initial members of the Illinois Torture |
| |||||||
| |||||||
1 | Inquiry and Relief Commission shall be appointed not later than | ||||||
2 | October 1, 2007. No claims of torture may be filed with the | ||||||
3 | Commission until November 1, 2007. | ||||||
4 | Section 80. This Act applies to claims of torture filed on | ||||||
5 | or before December 31, 2012. | ||||||
6 | Section 905. The Freedom of Information Act is amended by | ||||||
7 | changing Section 7 as follows: | ||||||
8 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
9 | Sec. 7. Exemptions.
| ||||||
10 | (1) The following shall be exempt from inspection and | ||||||
11 | copying:
| ||||||
12 | (a) Information specifically prohibited from | ||||||
13 | disclosure by federal or
State law or rules and regulations | ||||||
14 | adopted under federal or State law.
| ||||||
15 | (b) Information that, if disclosed, would constitute a | ||||||
16 | clearly
unwarranted invasion of personal privacy, unless | ||||||
17 | the disclosure is
consented to in writing by the individual | ||||||
18 | subjects of the information. The
disclosure of information | ||||||
19 | that bears on the public duties of public
employees and | ||||||
20 | officials shall not be considered an invasion of personal
| ||||||
21 | privacy. Information exempted under this subsection (b) | ||||||
22 | shall include but
is not limited to:
| ||||||
23 | (i) files and personal information maintained with |
| |||||||
| |||||||
1 | respect to
clients, patients, residents, students or | ||||||
2 | other individuals receiving
social, medical, | ||||||
3 | educational, vocational, financial, supervisory or
| ||||||
4 | custodial care or services directly or indirectly from | ||||||
5 | federal agencies
or public bodies;
| ||||||
6 | (ii) personnel files and personal information | ||||||
7 | maintained with
respect to employees, appointees or | ||||||
8 | elected officials of any public body or
applicants for | ||||||
9 | those positions;
| ||||||
10 | (iii) files and personal information maintained | ||||||
11 | with respect to any
applicant, registrant or licensee | ||||||
12 | by any public body cooperating with or
engaged in | ||||||
13 | professional or occupational registration, licensure | ||||||
14 | or discipline;
| ||||||
15 | (iv) information required of any taxpayer in | ||||||
16 | connection with the
assessment or collection of any tax | ||||||
17 | unless disclosure is otherwise required
by State | ||||||
18 | statute;
| ||||||
19 | (v) information revealing the identity of persons | ||||||
20 | who file complaints
with or provide information to | ||||||
21 | administrative, investigative, law enforcement
or | ||||||
22 | penal agencies; provided, however, that identification | ||||||
23 | of witnesses to
traffic accidents, traffic accident | ||||||
24 | reports, and rescue reports may be provided
by agencies | ||||||
25 | of local government, except in a case for which a | ||||||
26 | criminal
investigation is ongoing, without |
| |||||||
| |||||||
1 | constituting a clearly unwarranted per se
invasion of | ||||||
2 | personal privacy under this subsection; and
| ||||||
3 | (vi) the names, addresses, or other personal | ||||||
4 | information of
participants and registrants in park | ||||||
5 | district, forest preserve district, and
conservation | ||||||
6 | district programs.
| ||||||
7 | (c) Records compiled by any public body for | ||||||
8 | administrative enforcement
proceedings and any law | ||||||
9 | enforcement or correctional agency for
law enforcement | ||||||
10 | purposes or for internal matters of a public body,
but only | ||||||
11 | to the extent that disclosure would:
| ||||||
12 | (i) interfere with pending or actually and | ||||||
13 | reasonably contemplated
law enforcement proceedings | ||||||
14 | conducted by any law enforcement or correctional
| ||||||
15 | agency;
| ||||||
16 | (ii) interfere with pending administrative | ||||||
17 | enforcement proceedings
conducted by any public body;
| ||||||
18 | (iii) deprive a person of a fair trial or an | ||||||
19 | impartial hearing;
| ||||||
20 | (iv) unavoidably disclose the identity of a | ||||||
21 | confidential source or
confidential information | ||||||
22 | furnished only by the confidential source;
| ||||||
23 | (v) disclose unique or specialized investigative | ||||||
24 | techniques other than
those generally used and known or | ||||||
25 | disclose internal documents of
correctional agencies | ||||||
26 | related to detection, observation or investigation of
|
| |||||||
| |||||||
1 | incidents of crime or misconduct;
| ||||||
2 | (vi) constitute an invasion of personal privacy | ||||||
3 | under subsection (b) of
this Section;
| ||||||
4 | (vii) endanger the life or physical safety of law | ||||||
5 | enforcement personnel
or any other person; or
| ||||||
6 | (viii) obstruct an ongoing criminal investigation.
| ||||||
7 | (d) Criminal history record information maintained by | ||||||
8 | State or local
criminal justice agencies, except the | ||||||
9 | following which shall be open for
public inspection and | ||||||
10 | copying:
| ||||||
11 | (i) chronologically maintained arrest information, | ||||||
12 | such as traditional
arrest logs or blotters;
| ||||||
13 | (ii) the name of a person in the custody of a law | ||||||
14 | enforcement agency and
the charges for which that | ||||||
15 | person is being held;
| ||||||
16 | (iii) court records that are public;
| ||||||
17 | (iv) records that are otherwise available under | ||||||
18 | State or local law; or
| ||||||
19 | (v) records in which the requesting party is the | ||||||
20 | individual
identified, except as provided under part | ||||||
21 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
22 | Section.
| ||||||
23 | "Criminal history record information" means data | ||||||
24 | identifiable to an
individual and consisting of | ||||||
25 | descriptions or notations of arrests,
detentions, | ||||||
26 | indictments, informations, pre-trial proceedings, trials, |
| |||||||
| |||||||
1 | or
other formal events in the criminal justice system or | ||||||
2 | descriptions or
notations of criminal charges (including | ||||||
3 | criminal violations of local
municipal ordinances) and the | ||||||
4 | nature of any disposition arising therefrom,
including | ||||||
5 | sentencing, court or correctional supervision, | ||||||
6 | rehabilitation and
release. The term does not apply to | ||||||
7 | statistical records and reports in
which individuals are | ||||||
8 | not identified and from which
their identities are not | ||||||
9 | ascertainable, or to information that is for
criminal | ||||||
10 | investigative or intelligence purposes.
| ||||||
11 | (e) Records that relate to or affect the security of | ||||||
12 | correctional
institutions and detention facilities.
| ||||||
13 | (f) Preliminary drafts, notes, recommendations, | ||||||
14 | memoranda and other
records in which opinions are | ||||||
15 | expressed, or policies or actions are
formulated, except | ||||||
16 | that a specific record or relevant portion of a
record | ||||||
17 | shall not be exempt when the record is publicly cited
and | ||||||
18 | identified by the head of the public body. The exemption | ||||||
19 | provided in
this paragraph (f) extends to all those records | ||||||
20 | of officers and agencies
of the General Assembly that | ||||||
21 | pertain to the preparation of legislative
documents.
| ||||||
22 | (g) Trade secrets and commercial or financial | ||||||
23 | information obtained from
a person or business where the | ||||||
24 | trade secrets or information are
proprietary, privileged | ||||||
25 | or confidential, or where disclosure of the trade
secrets | ||||||
26 | or information may cause competitive harm, including: |
| |||||||
| |||||||
1 | (i) All
information determined to be confidential | ||||||
2 | under Section 4002 of the
Technology Advancement and | ||||||
3 | Development Act. | ||||||
4 | (ii) All trade secrets and commercial or financial | ||||||
5 | information obtained by a public body, including a | ||||||
6 | public pension fund, from a private equity fund or a | ||||||
7 | privately held company within the investment portfolio | ||||||
8 | of a private equity fund as a result of either | ||||||
9 | investing or evaluating a potential investment of | ||||||
10 | public funds in a private equity fund. The exemption | ||||||
11 | contained in this item does not apply to the aggregate | ||||||
12 | financial performance information of a private equity | ||||||
13 | fund, nor to the identity of the fund's managers or | ||||||
14 | general partners. The exemption contained in this item | ||||||
15 | does not apply to the identity of a privately held | ||||||
16 | company within the investment portfolio of a private | ||||||
17 | equity fund, unless the disclosure of the identity of a | ||||||
18 | privately held company may cause competitive harm.
| ||||||
19 | Nothing contained in this
paragraph (g) shall be construed | ||||||
20 | to prevent a person or business from
consenting to disclosure.
| ||||||
21 | (h) Proposals and bids for any contract, grant, or | ||||||
22 | agreement, including
information which if it were | ||||||
23 | disclosed would frustrate procurement or give
an advantage | ||||||
24 | to any person proposing to enter into a contractor | ||||||
25 | agreement
with the body, until an award or final selection | ||||||
26 | is made. Information
prepared by or for the body in |
| |||||||
| |||||||
1 | preparation of a bid solicitation shall be
exempt until an | ||||||
2 | award or final selection is made.
| ||||||
3 | (i) Valuable formulae,
computer geographic systems,
| ||||||
4 | designs, drawings and research data obtained or
produced by | ||||||
5 | any public body when disclosure could reasonably be | ||||||
6 | expected to
produce private gain or public loss.
The | ||||||
7 | exemption for "computer geographic systems" provided in | ||||||
8 | this paragraph
(i) does not extend to requests made by news | ||||||
9 | media as defined in Section 2 of
this Act when the | ||||||
10 | requested information is not otherwise exempt and the only
| ||||||
11 | purpose of the request is to access and disseminate | ||||||
12 | information regarding the
health, safety, welfare, or | ||||||
13 | legal rights of the general public.
| ||||||
14 | (j) Test questions, scoring keys and other examination | ||||||
15 | data used to
administer an academic examination or | ||||||
16 | determined the qualifications of an
applicant for a license | ||||||
17 | or employment.
| ||||||
18 | (k) Architects' plans, engineers' technical | ||||||
19 | submissions, and
other
construction related technical | ||||||
20 | documents for
projects not constructed or developed in | ||||||
21 | whole or in part with public funds
and the same for | ||||||
22 | projects constructed or developed with public funds, but
| ||||||
23 | only to the extent
that disclosure would compromise | ||||||
24 | security, including but not limited to water
treatment | ||||||
25 | facilities, airport facilities, sport stadiums, convention | ||||||
26 | centers,
and all government owned, operated, or occupied |
| |||||||
| |||||||
1 | buildings.
| ||||||
2 | (l) Library circulation and order records identifying | ||||||
3 | library users with
specific materials.
| ||||||
4 | (m) Minutes of meetings of public bodies closed to the
| ||||||
5 | public as provided in the Open Meetings Act until the | ||||||
6 | public body
makes the minutes available to the public under | ||||||
7 | Section 2.06 of the Open
Meetings Act.
| ||||||
8 | (n) Communications between a public body and an | ||||||
9 | attorney or auditor
representing the public body that would | ||||||
10 | not be subject to discovery in
litigation, and materials | ||||||
11 | prepared or compiled by or for a public body in
| ||||||
12 | anticipation of a criminal, civil or administrative | ||||||
13 | proceeding upon the
request of an attorney advising the | ||||||
14 | public body, and materials prepared or
compiled with | ||||||
15 | respect to internal audits of public bodies.
| ||||||
16 | (o) Information received by a primary or secondary | ||||||
17 | school, college or
university under its procedures for the | ||||||
18 | evaluation of faculty members by
their academic peers.
| ||||||
19 | (p) Administrative or technical information associated | ||||||
20 | with automated
data processing operations, including but | ||||||
21 | not limited to software,
operating protocols, computer | ||||||
22 | program abstracts, file layouts, source
listings, object | ||||||
23 | modules, load modules, user guides, documentation
| ||||||
24 | pertaining to all logical and physical design of | ||||||
25 | computerized systems,
employee manuals, and any other | ||||||
26 | information that, if disclosed, would
jeopardize the |
| |||||||
| |||||||
1 | security of the system or its data or the security of
| ||||||
2 | materials exempt under this Section.
| ||||||
3 | (q) Documents or materials relating to collective | ||||||
4 | negotiating matters
between public bodies and their | ||||||
5 | employees or representatives, except that
any final | ||||||
6 | contract or agreement shall be subject to inspection and | ||||||
7 | copying.
| ||||||
8 | (r) Drafts, notes, recommendations and memoranda | ||||||
9 | pertaining to the
financing and marketing transactions of | ||||||
10 | the public body. The records of
ownership, registration, | ||||||
11 | transfer, and exchange of municipal debt
obligations, and | ||||||
12 | of persons to whom payment with respect to these | ||||||
13 | obligations
is made.
| ||||||
14 | (s) The records, documents and information relating to | ||||||
15 | real estate
purchase negotiations until those negotiations | ||||||
16 | have been completed or
otherwise terminated. With regard to | ||||||
17 | a parcel involved in a pending or
actually and reasonably | ||||||
18 | contemplated eminent domain proceeding under the Eminent | ||||||
19 | Domain Act, records, documents and
information relating to | ||||||
20 | that parcel shall be exempt except as may be
allowed under | ||||||
21 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
22 | records, documents and information relating to a real | ||||||
23 | estate sale shall be
exempt until a sale is consummated.
| ||||||
24 | (t) Any and all proprietary information and records | ||||||
25 | related to the
operation of an intergovernmental risk | ||||||
26 | management association or
self-insurance pool or jointly |
| |||||||
| |||||||
1 | self-administered health and accident
cooperative or pool.
| ||||||
2 | (u) Information concerning a university's adjudication | ||||||
3 | of student or
employee grievance or disciplinary cases, to | ||||||
4 | the extent that disclosure
would reveal the identity of the | ||||||
5 | student or employee and information
concerning any public | ||||||
6 | body's adjudication of student or employee grievances
or | ||||||
7 | disciplinary cases, except for the final outcome of the | ||||||
8 | cases.
| ||||||
9 | (v) Course materials or research materials used by | ||||||
10 | faculty members.
| ||||||
11 | (w) Information related solely to the internal | ||||||
12 | personnel rules and
practices of a public body.
| ||||||
13 | (x) Information contained in or related to | ||||||
14 | examination, operating, or
condition reports prepared by, | ||||||
15 | on behalf of, or for the use of a public
body responsible | ||||||
16 | for the regulation or supervision of financial
| ||||||
17 | institutions or insurance companies, unless disclosure is | ||||||
18 | otherwise
required by State law.
| ||||||
19 | (y) Information the disclosure of which is restricted | ||||||
20 | under Section
5-108 of the Public Utilities Act.
| ||||||
21 | (z) Manuals or instruction to staff that relate to | ||||||
22 | establishment or
collection of liability for any State tax | ||||||
23 | or that relate to investigations
by a public body to | ||||||
24 | determine violation of any criminal law.
| ||||||
25 | (aa) Applications, related documents, and medical | ||||||
26 | records received by
the Experimental Organ Transplantation |
| |||||||
| |||||||
1 | Procedures Board and any and all
documents or other records | ||||||
2 | prepared by the Experimental Organ
Transplantation | ||||||
3 | Procedures Board or its staff relating to applications
it | ||||||
4 | has received.
| ||||||
5 | (bb) Insurance or self insurance (including any | ||||||
6 | intergovernmental risk
management association or self | ||||||
7 | insurance pool) claims, loss or risk
management | ||||||
8 | information, records, data, advice or communications.
| ||||||
9 | (cc) Information and records held by the Department of | ||||||
10 | Public Health and
its authorized representatives relating | ||||||
11 | to known or suspected cases of
sexually transmissible | ||||||
12 | disease or any information the disclosure of which
is | ||||||
13 | restricted under the Illinois Sexually Transmissible | ||||||
14 | Disease Control Act.
| ||||||
15 | (dd) Information the disclosure of which is exempted | ||||||
16 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
17 | (ee) Firm performance evaluations under Section 55 of | ||||||
18 | the
Architectural, Engineering, and Land Surveying | ||||||
19 | Qualifications Based
Selection Act.
| ||||||
20 | (ff) Security portions of system safety program plans, | ||||||
21 | investigation
reports, surveys, schedules, lists, data, or | ||||||
22 | information compiled, collected,
or prepared by or for the | ||||||
23 | Regional Transportation Authority under Section 2.11
of | ||||||
24 | the Regional Transportation Authority Act or the St. Clair | ||||||
25 | County Transit
District under the
Bi-State Transit Safety | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (gg) Information the disclosure of which is restricted | ||||||
2 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
3 | Tuition Act.
| ||||||
4 | (hh) Information the disclosure of which is
exempted | ||||||
5 | under the State Officials and Employees Ethics Act.
| ||||||
6 | (ii) Beginning July 1, 1999, information that would | ||||||
7 | disclose
or might lead to the disclosure of
secret or | ||||||
8 | confidential information, codes, algorithms, programs, or | ||||||
9 | private
keys intended to be used to create electronic or | ||||||
10 | digital signatures under the
Electronic Commerce Security | ||||||
11 | Act.
| ||||||
12 | (jj) Information contained in a local emergency energy | ||||||
13 | plan submitted to
a municipality in accordance with a local | ||||||
14 | emergency energy plan ordinance that
is adopted under | ||||||
15 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
16 | (kk) Information and data concerning the distribution | ||||||
17 | of
surcharge moneys collected and remitted by wireless | ||||||
18 | carriers under the Wireless
Emergency Telephone Safety | ||||||
19 | Act.
| ||||||
20 | (ll) Vulnerability assessments, security measures, and | ||||||
21 | response policies
or plans that are designed to identify, | ||||||
22 | prevent, or respond to potential
attacks upon a community's | ||||||
23 | population or systems, facilities, or installations,
the | ||||||
24 | destruction or contamination of which would constitute a | ||||||
25 | clear and present
danger to the health or safety of the | ||||||
26 | community, but only to the extent that
disclosure could |
| |||||||
| |||||||
1 | reasonably be expected to jeopardize the effectiveness of | ||||||
2 | the
measures or the safety of the personnel who implement | ||||||
3 | them or the public.
Information exempt under this item may | ||||||
4 | include such things as details
pertaining to the | ||||||
5 | mobilization or deployment of personnel or equipment, to | ||||||
6 | the
operation of communication systems or protocols, or to | ||||||
7 | tactical operations.
| ||||||
8 | (mm) Maps and other records regarding the location or | ||||||
9 | security of a
utility's generation, transmission, | ||||||
10 | distribution, storage, gathering,
treatment, or switching | ||||||
11 | facilities.
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12 | (nn) Law enforcement officer identification | ||||||
13 | information or
driver
identification
information compiled | ||||||
14 | by a law enforcement agency or the Department of
| ||||||
15 | Transportation
under Section 11-212 of the Illinois | ||||||
16 | Vehicle Code.
| ||||||
17 | (oo) Records and information provided to a residential
| ||||||
18 | health care
facility resident sexual assault
and death | ||||||
19 | review team or the Executive Council under the Abuse | ||||||
20 | Prevention Review Team Act.
| ||||||
21 | (pp) Information provided to the predatory lending | ||||||
22 | database created pursuant to Article 3 of the Residential | ||||||
23 | Real Property Disclosure Act, except to the extent | ||||||
24 | authorized under that Article.
| ||||||
25 | (qq) Defense budgets and petitions for certification | ||||||
26 | of compensation and expenses for court appointed trial |
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| |||||||
1 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
2 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
3 | until the conclusion of the trial of the case, even if the | ||||||
4 | prosecution chooses not to pursue the death penalty prior | ||||||
5 | to trial or sentencing.
| ||||||
6 | (rr) Records of investigations conducted by the | ||||||
7 | Illinois Torture Inquiry and Relief Commission.
| ||||||
8 | (2) This Section does not authorize withholding of | ||||||
9 | information or limit the
availability of records to the public, | ||||||
10 | except as stated in this Section or
otherwise provided in this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
13 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||||||
14 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
15 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||||||
16 | 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||||||
17 | 8-3-06.)
| ||||||
18 | Section 999. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|