SB1533 EngrossedLRB101 08393 LNS 53463 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 8 voting members as
10follows:
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    The members of the Commission shall be appointed by the
21Governor, with the advice and consent of the Senate. Members
22may be re-appointed for additional terms, as provided for under
23Section 25.

 

 

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

 

 

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1currently appointed shall constitute a quorum. A vacancy in the
2membership of the Commission shall not impair the right of a
3quorum to perform all of the duties of the Commission. Except
4votes under subsection (c) of Section 45, all All Commission
5votes shall be by majority vote of the voting members
6appointed.
7(Source: P.A. 96-223, eff. 8-10-09.)
 
8    (775 ILCS 40/25)
9    Sec. 25. Terms of members; compensation; expenses.
10    (a) Of the initial members, the appointments under clauses
11(a)(3) and (6) of Section 20 shall be for one-year terms, the
12appointments under clauses (a)(1), (2), and (4) of Section 20
13shall be for 2-year terms, and the appointments under clause
14(a)(5) of Section 20 shall be for 3-year terms. Thereafter, to
15achieve staggered terms, all terms shall be for 3 years.
16Members of the Commission shall serve no more than 2
17consecutive 3-year terms plus any initial term of less than 3
18years. Unless provided otherwise by this Act, all terms of
19members shall begin on January 1 and end on December 31.
20    Members serving by virtue of elective or appointive office,
21may serve only so long as the office holders hold those
22respective offices. The Chief Judge of the Cook County Circuit
23Court may remove members for good cause shown. Vacancies
24occurring before the expiration of a term shall be filled by
25gubernatorial appointment for the remainder of the unexpired

 

 

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1term with the advice and consent of the Senate in the manner
2provided for the members first appointed.
3    (b) The Commission members shall receive no salary for
4serving, but may be reimbursed for reasonable expenses incurred
5as a result of their duties as members of the Commission from
6funds appropriated by the General Assembly for that purpose, or
7from funds obtained from sources other than the General
8Assembly.
9(Source: P.A. 96-223, eff. 8-10-09.)
 
10    (775 ILCS 40/45)
11    Sec. 45. Commission proceedings.
12    (a) At the completion of a formal inquiry, all relevant
13evidence shall be presented to the full Commission. As part of
14its proceedings, the Commission may conduct hearings. The
15determination as to whether to conduct hearings is solely in
16the discretion of the Commission. Any hearing held in
17accordance with this Section shall be a public hearing and
18shall be held subject to the Commission's rules of operation,
19and conducted pursuant to the Open Meetings Act.
20    (b) The Director shall use all due diligence to notify the
21victim at least 30 days prior to any proceedings of the full
22Commission held in regard to the victim's case. The Commission
23shall notify the victim that the victim is permitted to attend
24proceedings otherwise closed to the public, subject to any
25limitations imposed by this Act, and subject to Section

 

 

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

 

 

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1Commission shall document that opinion, along with supporting
2findings of fact, and file those documents and supporting
3materials with the court clerk in the circuit of original
4jurisdiction, with a copy to the State's Attorney and the chief
5judge.
6    If a vote results in neither a minimum of 5 votes finding
7sufficient evidence of torture to merit judicial review, nor a
8minimum of 4 votes finding insufficient evidence of torture to
9merit judicial review, the claim shall be postponed for future
10reconsideration.
11    The Director of the Commission shall use all due diligence
12to notify immediately the victim of the Commission's conclusion
13in a case.
14    (d) Evidence of criminal acts, professional misconduct, or
15other wrongdoing disclosed through formal inquiry or
16Commission proceedings shall be referred to the appropriate
17authority. Evidence favorable to the convicted person
18disclosed through formal inquiry or Commission proceedings
19shall be disclosed to the convicted person and the convicted
20person's counsel, if the convicted person has counsel. The
21Commission shall have the discretion to refer its findings
22together with the supporting record and evidence, to such other
23parties or entities as the Commission in its discretion shall
24deem appropriate.
25    (e) All proceedings of the Commission shall be recorded and
26transcribed as part of the record. All Commission member votes

 

 

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1shall be recorded in the record. All records of the Commission
2shall be confidential until the proceedings before the
3Commission are concluded and a final decision has been made by
4the Commission.
5(Source: P.A. 96-223, eff. 8-10-09.)