Sen. Kwame Raoul
Filed: 4/14/2016
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 392




2    AMENDMENT NO. ______. Amend Senate Bill 392 by replacing 
3everything after the enacting clause with the following:







 
4    "Section 5. The Illinois Torture Inquiry and Relief 
5Commission Act is amended  by changing Sections 5, 35, and 70 as 
6follows:
 
7    (775 ILCS 40/5)

8    Sec. 5. Definitions. As used in this Act:
9    (1) "Claim of torture" means a claim on behalf of a living

10person convicted of a felony in Illinois asserting that he was

11tortured into confessing to the crime for which the person was

12convicted and the tortured confession was used to obtain the

13conviction and for which there is some credible evidence

14related to allegations of torture occurring within a county of 
15more than 3,000,000 inhabitants committed by Commander Jon

16Burge or any officer under the supervision of Jon Burge.
 
 
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1    (2) "Commission" means the Illinois Torture Inquiry and

2Relief Commission established by this Act.
3    (3) "Convicted person" means the person making a claim of 
4torture under this Act.
5    (4) "Director" means the Director of the Illinois Torture

6Inquiry and Relief Commission.
7    (5) "Victim" means the victim of the crime, or if the

8victim of the crime is deceased, the next of kin of the victim, 
9which shall be the parent, spouse, child, or sibling of the 
10deceased victim.

11(Source: P.A. 96-223, eff. 8-10-09.)
 
12    (775 ILCS 40/35)

13    Sec. 35. Duties.     The Commission shall have the following

14duties and powers:

15        (1) To establish the criteria and screening process to
    
16    be used to determine which cases shall be accepted for
    
17    review.
        
18        (2) To conduct inquiries into claims of torture with
    
19    priority to be given to those cases in which the convicted
    
20    person is currently incarcerated solely for the crime to
    
21    which he or she claims torture by Jon Burge or officers
    
22    under his command, or both.
23        (3) To coordinate the investigation of cases accepted
    
24    for review.
25        (4) To maintain records for all case investigations.
 
 
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1        (5) To prepare written reports outlining Commission
    
2    investigations and recommendations to the trial court at
    
3    the completion of each inquiry.
4        (6) To apply for and accept any funds that may become
    
5    available for the Commission's work from government
    
6    grants, private gifts, donations, or bequests from any
    
7    source.



8(Source: P.A. 96-223, eff. 8-10-09.)
 
9    (775 ILCS 40/70)

10    Sec. 70. Filing of claims.    This Act applies to claims of 
11torture filed not later than 10 5 years after the effective 
12date of this Act.



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


 
14    Section 99. Effective date. This Act takes effect upon 
15becoming law.".