SB1276 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1276

 

Introduced 2/3/2023, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 40/5
775 ILCS 40/25
775 ILCS 40/40
775 ILCS 40/45
775 ILCS 40/50
775 ILCS 40/75 new
775 ILCS 40/70 rep.

    Amends the Illinois Torture Inquiry and Relief Commission Act. In the definition of "claim of torture": provides that it also means a third party was tortured into implicating a person for the crime for which the person was convicted; provides that it also means a witness statement was used to obtain the conviction; and removes language providing that the allegations of torture occur within a county of more than 3,000,000 inhabitants. Defines "torture" as: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; any pain or suffering that is intentionally inflicted on a person for such purposes as obtaining from that person a confession or information about a third party; any pain or suffering that is intentionally inflicted on a person for purposes of punishing a suspected act by that person; or any intimidation or coercion for any reason based on discrimination of any kind. Requires the Torture Inquiry and Relief Commission to determine the resources necessary to assess the credibility or lack thereof of each claim within 2 years after the date upon the claim was received, and to make a report of its findings to the Governor and the General Assembly. Repeals a provision providing that the Act applies to claims of torture filed not later than 10 years after the effective date of the Act (August 10, 2009). Makes conforming changes.


LRB103 26040 LNS 52395 b

 

 

A BILL FOR

 

SB1276LRB103 26040 LNS 52395 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 5, 25, 40, 45,
6and 50 and by adding Section 75 as follows:
 
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 or
11she was tortured into confessing to the crime or a third party
12was tortured into implicating him or her for the crime for
13which the person was convicted and the tortured confession or
14witness statement was used to obtain the conviction and for
15which there is some credible evidence related to allegations
16of torture occurring within a county of more than 3,000,000
17inhabitants.
18    (2) "Commission" means the Illinois Torture Inquiry and
19Relief Commission established by this Act.
20    (3) "Convicted person" means the person making a claim of
21torture under this Act.
22    (4) "Director" means the Director of the Illinois Torture
23Inquiry and Relief Commission.

 

 

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1    (4.5) "Torture" means:
2        (i) Any act by which severe pain or suffering, whether
3    physical or mental, is intentionally inflicted on a
4    person.
5        (ii) Any pain or suffering that is intentionally
6    inflicted on a person for such purposes as obtaining from
7    that person a confession or information about a third
8    party.
9        (iii) Any pain or suffering that is intentionally
10    inflicted on a person for purposes of punishing a
11    suspected act by that person.
12        (iv) Any intimidation or coercion for any reason based
13    on discrimination of any kind.
14    (5) "Victim" means the victim of the crime, or if the
15victim of the crime is deceased, the next of kin of the victim,
16which shall be the parent, spouse, child, or sibling of the
17deceased victim.
18(Source: P.A. 99-688, eff. 7-29-16.)
 
19    (775 ILCS 40/25)
20    Sec. 25. Terms of members; compensation; expenses.
21    (a) Of the initial members, the appointments under clauses
22(a)(3) and (6) of Section 20 shall be for one-year terms, the
23appointments under clauses (a)(1), (2), and (4) of Section 20
24shall be for 2-year terms, and the appointments under clause
25(a)(5) of Section 20 shall be for 3-year terms. Thereafter,

 

 

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1all terms shall be for 3 years. Members of the Commission shall
2serve no more than 2 consecutive 3-year terms plus any initial
3term of less than 3 years. Unless provided otherwise by this
4Act, all terms of members shall begin on January 1 and end on
5December 31.
6    Members serving by virtue of elective or appointive
7office, may serve only so long as the office holders hold those
8respective offices. The Chief Judge of the original
9jurisdiction Cook County Circuit Court may remove members for
10good cause shown. Vacancies occurring before the expiration of
11a term shall be filled in the manner provided for the members
12first appointed.
13    (b) The Commission members shall receive no salary for
14serving, but may be reimbursed for reasonable expenses
15incurred as a result of their duties as members of the
16Commission from funds appropriated by the General Assembly for
17that purpose, or from funds obtained from sources other than
18the General Assembly.
19(Source: P.A. 96-223, eff. 8-10-09.)
 
20    (775 ILCS 40/40)
21    Sec. 40. Claims of torture; waiver of convicted person's
22procedural safeguards and privileges; formal inquiry;
23notification of the crime victim.
24    (a) A claim of torture may be referred to the Commission by
25any court, person, or agency. The Commission shall not

 

 

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1consider a claim of torture if the convicted person is
2deceased. The determination of whether to grant a formal
3inquiry regarding any other claim of torture is in the
4discretion of the Commission. The Commission may informally
5screen and dismiss a case summarily at its discretion.
6    (b) No formal inquiry into a claim of torture shall be made
7by the Commission unless the Director or the Director's
8designee first obtains a signed agreement from the convicted
9person in which the convicted person waives his or her
10procedural safeguards and privileges including but not limited
11to the right against self-incrimination under the United
12States Constitution and the Constitution of the State of
13Illinois, agrees to cooperate with the Commission, and agrees
14to provide full disclosure regarding inquiry requirements of
15the Commission. The waiver under this subsection does not
16apply to matters unrelated to a convicted person's claim of
17torture. The convicted person shall have the right to advice
18of counsel prior to the execution of the agreement and, if a
19formal inquiry is granted, throughout the formal inquiry. If
20counsel represents the convicted person, then the convicted
21person's counsel must be present at the signing of the
22agreement. If counsel does not represent the convicted person,
23the Commission Chair shall determine the convicted person's
24indigency status and, if appropriate, enter an order for the
25appointment of counsel for the purpose of advising on the
26agreement.

 

 

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1    (c) If a formal inquiry regarding a claim of torture is
2granted, the Director shall use all due diligence to notify
3the victim in the case and explain the inquiry process. The
4Commission shall give the victim notice that the victim has
5the right to present his or her views and concerns throughout
6the Commission's investigation.
7    (d) The Commission may use any measure provided in the
8Code of Civil Procedure and the Code of Criminal Procedure of
91963 to obtain information necessary to its inquiry. The
10Commission may also do any of the following: issue subpoenas
11or other process to compel the attendance of witnesses and the
12production of evidence, administer oaths, petition the Circuit
13Court of Cook County or of the original jurisdiction for
14enforcement of process or for other relief, and prescribe its
15own rules of procedure. All challenges with regard to the
16Commission's authority or the Commission's access to evidence
17shall be heard by the Circuit Court of the original
18jurisdiction of Cook County, including any in camera review.
19    (e) While performing duties for the Commission, the
20Director or the Director's designee may serve subpoenas or
21other process issued by the Commission throughout the State in
22the same manner and with the same effect as an officer
23authorized to serve process under the laws of this State.
24    (f) All State discovery and disclosure statutes in effect
25at the time of formal inquiry shall be enforceable as if the
26convicted person were currently being tried for the charge for

 

 

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1which the convicted person is claiming torture.
2    (g) If, at any point during an inquiry, the convicted
3person refuses to comply with requests of the Commission or is
4otherwise deemed to be uncooperative by the Commission, the
5Commission shall discontinue the inquiry.
6(Source: P.A. 96-223, eff. 8-10-09.)
 
7    (775 ILCS 40/45)
8    Sec. 45. Commission proceedings.
9    (a) At the completion of a formal inquiry, all relevant
10evidence shall be presented to the full Commission. As part of
11its proceedings, the Commission may conduct hearings. The
12determination as to whether to conduct hearings is solely in
13the discretion of the Commission. Any hearing held in
14accordance with this Section shall be a public hearing and
15shall be held subject to the Commission's rules of operation,
16and conducted pursuant to the Open Meetings Act.
17    (b) The Director shall use all due diligence to notify the
18victim at least 30 days prior to any proceedings of the full
19Commission held in regard to the victim's case. The Commission
20shall notify the victim that the victim is permitted to attend
21proceedings otherwise closed to the public, subject to any
22limitations imposed by this Act, and subject to Section
232(c)(14) of the Open Meetings Act. If the victim plans to
24attend proceedings otherwise closed to the public, the victim
25shall notify the Commission at least 10 days in advance of the

 

 

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

 

 

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1court clerk in the circuit of original jurisdiction, with a
2copy to the State's Attorney and the chief judge.
3    The Director of the Commission shall use all due diligence
4to notify immediately the victim of the Commission's
5conclusion in a case.
6    (d) Evidence of criminal acts, professional misconduct, or
7other wrongdoing disclosed through formal inquiry or
8Commission proceedings shall be referred to the appropriate
9authority. Evidence favorable to the convicted person
10disclosed through formal inquiry or Commission proceedings
11shall be disclosed to the convicted person and the convicted
12person's counsel, if the convicted person has counsel. The
13Commission shall have the discretion to refer its findings
14together with the supporting record and evidence, to such
15other parties or entities as the Commission in its discretion
16shall deem appropriate.
17    (e) All proceedings of the Commission shall be recorded
18and transcribed as part of the record. All Commission member
19votes shall be recorded in the record. All records of the
20Commission shall be confidential until the proceedings before
21the Commission are concluded and a final decision has been
22made by the Commission.
23(Source: P.A. 96-223, eff. 8-10-09.)
 
24    (775 ILCS 40/50)
25    Sec. 50. Post-commission judicial review.

 

 

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1    (a) If the Commission concludes there is sufficient
2evidence of torture to merit judicial review, the Chair of the
3Commission shall request the Chief Judge of the original
4jurisdiction Circuit Court of Cook County for assignment to a
5trial judge for consideration. The court may receive proof by
6affidavits, depositions, oral testimony, or other evidence. In
7its discretion the court may order the petitioner brought
8before the court for the hearing. Notwithstanding the status
9of any other postconviction proceedings relating to the
10petitioner, if the court finds in favor of the petitioner, it
11shall enter an appropriate order with respect to the judgment
12or sentence in the former proceedings and such supplementary
13orders as to rearraignment, retrial, custody, pretrial release
14or discharge, or for such relief as may be granted under a
15petition for a certificate of innocence, as may be necessary
16and proper.
17    (b) The State's Attorney, or the State's Attorney's
18designee, shall represent the State at the hearing before the
19assigned judge.
20(Source: P.A. 101-652, eff. 1-1-23.)
 
21    (775 ILCS 40/75 new)
22    Sec. 75. Processing of claims.
23    (a) No later than one year after the effective date of this
24amendatory Act of the 103rd General Assembly, the Commission
25shall determine the resources necessary to assess the

 

 

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1credibility or lack thereof of each claim within 2 years after
2the date upon the claim was received, and shall make a report
3of its findings to the Governor and the General Assembly.
4    (b) This Section is repealed 2 years after the effective
5date of this amendatory Act of the 103rd General Assembly.
 
6    (775 ILCS 40/70 rep.)
7    Section 10. The Illinois Torture Inquiry and Relief
8Commission Act is amended by repealing Section 70.