Illinois General Assembly - Full Text of HB2613
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Full Text of HB2613  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Jim Durkin


775 ILCS 40/20
775 ILCS 40/25
775 ILCS 40/45

    Amends the Illinois Torture Inquiry and Relief Commission Act. Adds 2 members to the Illinois Torture Inquiry and Relief Commission who shall be members of a law enforcement organization representing law enforcement officers in a county of more than 3,000,000 inhabitants. Provides that the terms of the new members shall begin on January 1, 2023. Makes conforming changes. Effective immediately.

LRB102 14659 LNS 20012 b





HB2613LRB102 14659 LNS 20012 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Torture Inquiry and Relief
5Commission Act is amended by changing Sections 20, 25, and 45
6as follows:
7    (775 ILCS 40/20)
8    Sec. 20. Membership; chair; meetings; quorum.
9    (a) The Commission shall consist of 10 8 voting members as
11        (1) One shall be a retired Circuit Court Judge.
12        (2) One shall be a former prosecuting attorney.
13        (3) One shall be a law school professor.
14        (4) One shall be engaged in the practice of criminal
15    defense law.
16        (5) Three shall be members of the public who are not
17    attorneys and who are not officers or employees of the
18    Judicial branch.
19        (6) One shall be a former public defender.
20        (7) Two shall be members of a law enforcement
21    organization representing law enforcement officers in a
22    county of a more than 3,000,000 inhabitants.
23    The members of the Commission shall be appointed by the



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1Governor, with the advice and consent of the Senate. Members
2may be re-appointed for additional terms, as provided for
3under Section 25.
4    (a-1) The Governor shall also appoint alternate Commission
5members for the Commission members he or she has appointed to
6serve in the event of scheduling conflicts, conflicts of
7interest, disability, or other disqualification arising in a
8particular case. Where an alternate member is called upon to
9serve in a particular place, the alternate member shall vote
10in the place of, and otherwise exercise the same powers as, the
11member which he or she is replacing. The alternate member
12shall have the same qualifications for appointment as the
13original member. In making the appointments, the Governor
14shall make a good faith effort to appoint members with
15different perspectives of the justice system. The Governor
16shall also consider geographical location, gender, and racial
17diversity in making the appointments.
18    (b) The retired judge who is appointed as a member under
19subsection (a) shall serve as Chair of the Commission. The
20Commission shall have its initial meeting no later than one
21month after the appointment of a quorum of members of the
22Commission, at the call of the Chair. The Commission shall
23meet a minimum of once every 6 months and may also meet more
24often at the call of the Chair. The Commission shall meet at
25such time and place as designated by the Chair, in accordance
26with the provisions of the Open Meetings Act. Notice of the



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1meetings shall be given at such time and manner as provided by
2the rules of the Commission, in accordance with the provisions
3of the Open Meetings Act. A majority of the voting members
4shall constitute a quorum. All Commission votes shall be by
5majority vote of the voting members appointed.
6(Source: P.A. 96-223, eff. 8-10-09.)
7    (775 ILCS 40/25)
8    Sec. 25. Terms of members; compensation; expenses.
9    (a) Of the initial members, the appointments under clauses
10(a)(3) and (6) of Section 20 shall be for one-year terms, the
11appointments under clauses (a)(1), (2), and (4), and (7) of
12Section 20 shall be for 2-year terms, and the appointments
13under clause (a)(5) of Section 20 shall be for 3-year terms.
14Thereafter, all terms shall be for 3 years. Members of the
15Commission shall serve no more than 2 consecutive 3-year terms
16plus any initial term of less than 3 years. Unless provided
17otherwise by this Act, all terms of members shall begin on
18January 1 and end on December 31.
19    Members serving by virtue of elective or appointive
20office, may serve only so long as the office holders hold those
21respective offices. The Chief Judge of the Cook County Circuit
22Court may remove members for good cause shown. Vacancies
23occurring before the expiration of a term shall be filled in
24the manner provided for the members first appointed.
25    (b) The Commission members shall receive no salary for



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1serving, but may be reimbursed for reasonable expenses
2incurred as a result of their duties as members of the
3Commission from funds appropriated by the General Assembly for
4that purpose, or from funds obtained from sources other than
5the General Assembly.
6    (c) The terms of the persons appointed under paragraph (7)
7of subsection (a) of Section 20 shall begin on January 1, 2023.
8(Source: P.A. 96-223, eff. 8-10-09.)
9    (775 ILCS 40/45)
10    Sec. 45. Commission proceedings.
11    (a) At the completion of a formal inquiry, all relevant
12evidence shall be presented to the full Commission. As part of
13its proceedings, the Commission may conduct hearings. The
14determination as to whether to conduct hearings is solely in
15the discretion of the Commission. Any hearing held in
16accordance with this Section shall be a public hearing and
17shall be held subject to the Commission's rules of operation,
18and conducted pursuant to the Open Meetings Act.
19    (b) The Director shall use all due diligence to notify the
20victim at least 30 days prior to any proceedings of the full
21Commission held in regard to the victim's case. The Commission
22shall notify the victim that the victim is permitted to attend
23proceedings otherwise closed to the public, subject to any
24limitations imposed by this Act, and subject to Section
252(c)(14) of the Open Meetings Act. If the victim plans to



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1attend proceedings otherwise closed to the public, the victim
2shall notify the Commission at least 10 days in advance of the
3proceedings of his or her intent to attend. The Commission may
4close any portion of the proceedings to the victim, if the
5victim is to testify and the Commission determines that the
6victim's testimony would be materially affected if the victim
7hears other testimony at the proceeding.
8    (c) After hearing the evidence, the full Commission shall
9vote to establish further case disposition as provided by this
10subsection. All 10 8 voting members of the Commission shall
11participate in that vote.
12    If 7 5 or more of the 10 8 voting members of the Commission
13conclude by a preponderance of the evidence that there is
14sufficient evidence of torture to merit judicial review, the
15case shall be referred to the Chief Judge of the Circuit Court
16of Cook County by filing with the clerk of court the opinion of
17the Commission with supporting findings of fact, as well as
18the record in support of such opinion, with service on the
19State's Attorney in non-capital cases and service on both the
20State's Attorney and Attorney General in capital cases.
21    If less than 7 5 of the 10 8 voting members of the
22Commission conclude by a preponderance of the evidence that
23there is sufficient evidence of torture to merit judicial
24review, the Commission shall conclude there is insufficient
25evidence of torture to merit judicial review. The Commission
26shall document that opinion, along with supporting findings of



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1fact, and file those documents and supporting materials with
2the court clerk in the circuit of original jurisdiction, with
3a copy to the State's Attorney and the chief judge.
4    The Director of the Commission shall use all due diligence
5to notify immediately the victim of the Commission's
6conclusion in a case.
7    (d) Evidence of criminal acts, professional misconduct, or
8other wrongdoing disclosed through formal inquiry or
9Commission proceedings shall be referred to the appropriate
10authority. Evidence favorable to the convicted person
11disclosed through formal inquiry or Commission proceedings
12shall be disclosed to the convicted person and the convicted
13person's counsel, if the convicted person has counsel. The
14Commission shall have the discretion to refer its findings
15together with the supporting record and evidence, to such
16other parties or entities as the Commission in its discretion
17shall deem appropriate.
18    (e) All proceedings of the Commission shall be recorded
19and transcribed as part of the record. All Commission member
20votes shall be recorded in the record. All records of the
21Commission shall be confidential until the proceedings before
22the Commission are concluded and a final decision has been
23made by the Commission.
24(Source: P.A. 96-223, eff. 8-10-09.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.