Full Text of SB1276 103rd General Assembly
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.
|
| |
| | A BILL FOR |
|
| | | SB1276 | | LRB103 26040 LNS 52395 b |
|
| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Torture Inquiry and Relief | 5 | | Commission Act is amended by changing Sections 5, 25, 40, 45, | 6 | | and 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
| 10 | | person convicted of a felony in Illinois asserting that he or | 11 | | she was
tortured into confessing to the crime or a third party | 12 | | was tortured into implicating him or her for the crime for | 13 | | which the person was
convicted and the tortured confession or | 14 | | witness statement was used to obtain the
conviction and for | 15 | | which there is some credible evidence
related to allegations | 16 | | of torture occurring within a county of more than 3,000,000 | 17 | | inhabitants . | 18 | | (2) "Commission" means the Illinois Torture Inquiry and
| 19 | | Relief Commission established by this Act. | 20 | | (3) "Convicted person" means the person making a claim of | 21 | | torture under this Act. | 22 | | (4) "Director" means the Director of the Illinois Torture
| 23 | | Inquiry and Relief Commission. |
| | | SB1276 | - 2 - | LRB103 26040 LNS 52395 b |
|
| 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
| 15 | | victim of the crime is deceased, the next of kin of the victim, | 16 | | which shall be the parent, spouse, child, or sibling of the | 17 | | deceased 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 | 23 | | appointments under clauses (a)(1), (2), and (4) of Section 20 | 24 | | shall be for 2-year terms, and the
appointments under clause | 25 | | (a)(5) of Section 20 shall be for 3-year terms. Thereafter, |
| | | SB1276 | - 3 - | LRB103 26040 LNS 52395 b |
|
| 1 | | all terms
shall be for 3 years. Members of the Commission shall | 2 | | serve no
more than 2 consecutive 3-year terms plus any initial | 3 | | term of
less than 3 years. Unless provided otherwise by this | 4 | | Act, all
terms of members shall begin on January 1 and end on | 5 | | December
31.
| 6 | | Members serving by virtue of elective or appointive | 7 | | office,
may serve only so long as the office holders hold those
| 8 | | respective offices. The Chief Judge of the original | 9 | | jurisdiction Cook County Circuit
Court may remove members for | 10 | | good cause shown. Vacancies occurring
before the expiration of | 11 | | a term shall be filled in the manner
provided for the members | 12 | | first appointed.
| 13 | | (b) The Commission members shall receive no salary for
| 14 | | serving, but may be reimbursed for reasonable expenses | 15 | | incurred as a result of their duties as members of the | 16 | | Commission from funds appropriated by the General Assembly for | 17 | | that purpose, or from funds obtained from sources other than | 18 | | the 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
| 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 |
| | | SB1276 | - 4 - | LRB103 26040 LNS 52395 b |
|
| 1 | | consider
a claim of torture if the convicted person is | 2 | | deceased. The
determination of whether to grant a formal | 3 | | inquiry regarding
any other claim of torture is in the | 4 | | discretion of the
Commission. The Commission may informally | 5 | | screen and dismiss a
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 safeguards and privileges including but not limited | 11 | | to the right against self-incrimination under the United | 12 | | States Constitution and the Constitution of the State of | 13 | | Illinois, agrees to cooperate with
the Commission, and agrees | 14 | | to provide full disclosure regarding
inquiry requirements of | 15 | | the Commission. The waiver under this
subsection does not | 16 | | apply to matters unrelated to a convicted
person's claim of | 17 | | torture. The convicted person shall have the
right to advice | 18 | | of counsel prior to the execution of the
agreement and, if a | 19 | | formal inquiry is granted, throughout the
formal inquiry. If | 20 | | counsel represents the convicted person,
then the convicted | 21 | | person's counsel must be present at the
signing of the | 22 | | agreement. If counsel does not represent the
convicted person, | 23 | | the Commission Chair shall determine the
convicted person's | 24 | | indigency status and, if appropriate, enter
an order for the | 25 | | appointment of counsel for the purpose of
advising on the | 26 | | agreement. |
| | | SB1276 | - 5 - | LRB103 26040 LNS 52395 b |
|
| 1 | | (c) If a formal inquiry regarding a claim of torture is
| 2 | | granted, the Director shall use all due diligence to notify | 3 | | the
victim in the case and explain the inquiry process. The
| 4 | | Commission shall give the victim notice that the victim has | 5 | | the
right to present his or her views and concerns throughout | 6 | | the
Commission's investigation. | 7 | | (d) The Commission may use any measure provided in the | 8 | | Code
of Civil Procedure and the Code of Criminal Procedure of | 9 | | 1963
to obtain information necessary to its inquiry. The | 10 | | Commission
may also do any of the following: issue subpoenas | 11 | | or other process to compel the
attendance of witnesses and the | 12 | | production of evidence,
administer oaths, petition the Circuit | 13 | | Court of Cook County or
of the original jurisdiction for | 14 | | enforcement of process or for
other relief, and prescribe its | 15 | | own rules of procedure. All
challenges with regard to the | 16 | | Commission's authority or the
Commission's access to evidence | 17 | | shall be heard by the Circuit Court of the original | 18 | | jurisdiction of Cook County , including
any in camera review.
| 19 | | (e) While performing duties for the Commission, the
| 20 | | Director or the Director's designee may serve subpoenas or
| 21 | | other process issued by the Commission throughout the State in
| 22 | | the same manner and with the same effect as an officer
| 23 | | authorized to serve process under the laws of this State.
| 24 | | (f) All State discovery and disclosure statutes in effect
| 25 | | at the time of formal inquiry shall be enforceable as if the
| 26 | | convicted person were currently being tried for the charge for
|
| | | SB1276 | - 6 - | LRB103 26040 LNS 52395 b |
|
| 1 | | which the convicted person is claiming torture.
| 2 | | (g) If, at any point during an inquiry, the convicted
| 3 | | person refuses to comply with requests of the Commission or is
| 4 | | otherwise deemed to be uncooperative by the Commission, the
| 5 | | Commission 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
| 10 | | evidence shall be presented to the full Commission. As part of
| 11 | | its proceedings, the Commission may conduct hearings.
The | 12 | | determination as to whether to conduct hearings is
solely in | 13 | | the discretion of the Commission. Any hearing
held in | 14 | | accordance with this Section shall be a public hearing and | 15 | | shall be held subject to the
Commission's rules of operation, | 16 | | and
conducted pursuant to the Open Meetings Act. | 17 | | (b) The Director shall use all due diligence to notify the
| 18 | | victim at least 30 days prior to any proceedings of the full
| 19 | | Commission held in regard to the victim's case. The Commission
| 20 | | shall notify the victim that the victim is permitted to attend
| 21 | | proceedings otherwise closed to the public, subject to any
| 22 | | limitations imposed by this Act, and
subject to Section | 23 | | 2(c)(14) of the Open Meetings Act. If the victim plans to | 24 | | attend
proceedings otherwise closed to the public, the victim | 25 | | shall
notify the Commission at least 10 days in advance of the
|
| | | SB1276 | - 7 - | LRB103 26040 LNS 52395 b |
|
| 1 | | proceedings of his or her intent to attend. The Commission may | 2 | | close any portion of the
proceedings to the victim, if the | 3 | | victim is to testify and the Commission determines that the | 4 | | victim's testimony would be materially affected if the victim | 5 | | hears other testimony at the proceeding. | 6 | | (c) After hearing the evidence, the full Commission shall
| 7 | | vote to establish further case disposition as provided by this
| 8 | | subsection. All 8 voting members of the Commission shall
| 9 | | participate in that vote.
| 10 | | If 5 or more of the 8 voting members of the Commission
| 11 | | conclude by a preponderance of the evidence that there is | 12 | | sufficient evidence of torture to merit
judicial review, the | 13 | | case shall be referred to the Chief Judge
of the original | 14 | | jurisdiction Circuit Court of Cook County by filing with the | 15 | | clerk of
court the opinion of the Commission with supporting | 16 | | findings of
fact, as well as the record in support of such | 17 | | opinion, with
service on the State's Attorney in non-capital | 18 | | cases and
service on both the State's Attorney and Attorney | 19 | | General in
capital cases.
| 20 | | If less than 5 of the 8 voting members of the Commission
| 21 | | conclude by a preponderance of the evidence that there is | 22 | | sufficient evidence of torture to merit
judicial review, the | 23 | | Commission shall conclude there is
insufficient evidence of | 24 | | torture to merit judicial review. The
Commission shall | 25 | | document that opinion, along with supporting
findings of fact, | 26 | | and file those documents and supporting
materials with the |
| | | SB1276 | - 8 - | LRB103 26040 LNS 52395 b |
|
| 1 | | court clerk in the circuit of original
jurisdiction, with a | 2 | | copy to the State's Attorney and the chief
judge.
| 3 | | The Director of the Commission shall use all due diligence
| 4 | | to notify immediately the victim of the Commission's | 5 | | conclusion
in a case. | 6 | | (d) Evidence of criminal acts, professional misconduct, or
| 7 | | other wrongdoing disclosed through formal inquiry or
| 8 | | Commission proceedings shall be referred to the appropriate
| 9 | | authority. Evidence favorable to the convicted person
| 10 | | disclosed through formal inquiry or Commission proceedings
| 11 | | shall be disclosed to the convicted person and the convicted
| 12 | | person's counsel, if the convicted person has counsel. The | 13 | | Commission shall have the discretion to refer its findings | 14 | | together with the supporting record and evidence, to such | 15 | | other parties or entities as the Commission in its discretion | 16 | | shall deem appropriate. | 17 | | (e) All proceedings of the Commission shall be recorded | 18 | | and
transcribed as part of the record. All Commission member | 19 | | votes
shall be recorded in the record. All records of
the | 20 | | Commission shall be confidential until the proceedings before | 21 | | the Commission are concluded and a final decision has been | 22 | | made 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. |
| | | SB1276 | - 9 - | LRB103 26040 LNS 52395 b |
|
| 1 | | (a) If the Commission concludes there is sufficient
| 2 | | evidence of torture to merit judicial review, the Chair of the
| 3 | | Commission shall request the Chief Judge of the original | 4 | | jurisdiction Circuit Court
of Cook County for assignment to a | 5 | | trial judge for
consideration. The court may receive proof by | 6 | | affidavits,
depositions, oral testimony, or other evidence. In | 7 | | its
discretion the court may order the petitioner brought | 8 | | before
the court for the hearing. Notwithstanding the status | 9 | | of any other postconviction proceedings relating to the | 10 | | petitioner, if the court finds in favor of the
petitioner, it | 11 | | shall enter an appropriate order with respect to
the judgment | 12 | | or sentence in the former proceedings and such
supplementary | 13 | | orders as to rearraignment, retrial, custody,
pretrial release | 14 | | or discharge, or for such relief as may be granted under a | 15 | | petition for a certificate of innocence, as may be necessary | 16 | | and proper. | 17 | | (b) The State's Attorney, or the State's Attorney's
| 18 | | designee, shall represent the State at the hearing before the
| 19 | | assigned 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 | 24 | | amendatory Act of the 103rd General Assembly, the Commission | 25 | | shall determine the resources necessary to assess the |
| | | SB1276 | - 10 - | LRB103 26040 LNS 52395 b |
|
| 1 | | credibility or lack thereof of each claim within 2 years after | 2 | | the date upon the claim was received, and shall make a report | 3 | | of its findings to the Governor and the General Assembly. | 4 | | (b) This Section is repealed 2 years after the effective | 5 | | date of this amendatory Act of the 103rd General Assembly. | 6 | | (775 ILCS 40/70 rep.) | 7 | | Section 10. The Illinois Torture Inquiry and Relief | 8 | | Commission Act is amended by repealing Section 70.
|
|