Full Text of SB2737 94th General Assembly
SB2737ham002 94TH GENERAL ASSEMBLY
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Rep. Constance A. Howard
Filed: 11/27/2006
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| AMENDMENT TO SENATE BILL 2737
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| AMENDMENT NO. ______. Amend Senate Bill 2737 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Civil Rights Act of 2006. | 6 |
| Section 5. Compelled confession; civil action. | 7 |
| (a) Independent of any criminal prosecution or the result | 8 |
| thereof, any person suffering injury to his or her person or | 9 |
| damage
to his or her property as a result of having been | 10 |
| compelled to confess or provide information by force or threat | 11 |
| of imminent physical harm may bring a civil action
for damages, | 12 |
| injunctive relief, or other appropriate relief. Upon a finding | 13 |
| of liability, the court
shall award actual damages, including | 14 |
| damages for emotional distress, punitive damages, when
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| appropriate, and any suitable equitable relief. A judgment in | 16 |
| favor of the prevailing plaintiff
shall include an award for | 17 |
| reasonable attorney's fees and costs. | 18 |
| (b) Independent of any criminal prosecution or the result | 19 |
| thereof, any person suffering damages as a result of
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| retaliatory action may bring a civil action for damages, | 21 |
| injunctive relief, or other appropriate
relief. A judgment in | 22 |
| favor of the prevailing plaintiff shall include an award for | 23 |
| reasonable
attorney's fees and costs. | 24 |
| (c) For purposes of this Section, "retaliatory action" |
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| means: (1) tortious
conduct directed against an individual, or | 2 |
| (2) the reprimand, discharge, suspension, demotion, or
denial | 3 |
| of promotion or change in the terms and conditions of | 4 |
| employment, that is taken in
retaliation because he or she has | 5 |
| opposed or reported that which he or she reasonably and in
good | 6 |
| faith believed to be the use of force or threat to compel a | 7 |
| confession or information
regarding an offense, or because he | 8 |
| or she has made a charge, filed a complaint, testified,
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| assisted, or participated in an investigation, proceeding, or | 10 |
| hearing involving the use of force or threat to compel a | 11 |
| confession or information regarding an offense. | 12 |
| Section 105. The Criminal Code of 1961 is amended by | 13 |
| changing Sections 3-7 and 12-7 as follows:
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| (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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| Sec. 3-7. Periods
excluded from limitation.
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| The period within which a prosecution must be commenced | 17 |
| does not include
any period in which:
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| (a) The defendant is not usually and publicly resident | 19 |
| within this
State; or
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| (b) The defendant is a public officer and the offense | 21 |
| charged is theft
of public funds while in public office; or
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| (c) A prosecution is pending against the defendant for the | 23 |
| same conduct,
even if the indictment or information which | 24 |
| commences the prosecution is
quashed or the proceedings thereon | 25 |
| are set aside, or are reversed on
appeal; or
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| (d) A proceeding or an appeal from a proceeding relating
to | 27 |
| the quashing or enforcement of a Grand Jury subpoena issued in | 28 |
| connection
with an investigation of a violation of a criminal | 29 |
| law of this State is
pending. However, the period within which | 30 |
| a prosecution must be commenced
includes any period in which | 31 |
| the State brings a proceeding or an appeal from a
proceeding | 32 |
| specified in this subsection (d); or
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| (e) A material witness is placed on active military duty or | 2 |
| leave. In
this subsection (e), "material witness" includes, but | 3 |
| is not limited to, the
arresting officer, occurrence witness, | 4 |
| or the alleged victim of the offense.
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| (f) The victim of unlawful force or threats to obtain | 6 |
| information or a
confession is incarcerated, and the victim of | 7 |
| such force or threat is incarcerated as a consequence of this | 8 |
| unlawful conduct (whether
the incarceration is directly or | 9 |
| indirectly, in whole or in part, the result of the unlawful | 10 |
| force or
threats).
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| (Source: P.A. 93-417, eff. 8-5-03.)
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| (720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
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| Sec. 12-7. Compelling confession or information by force or | 14 |
| threat.
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| (a) A person who, with intent to obtain a confession, | 16 |
| statement or
information regarding any offense, inflicts or | 17 |
| threatens to inflict
imminent physical harm upon the person | 18 |
| threatened or upon any other person commits
the offense of | 19 |
| compelling a confession or information by force or threat.
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(b) Sentence.
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| Compelling a confession or information is a : (1) Class 4 | 22 |
| felony if the
defendant uses threats to inflict imminent | 23 |
| physical harm to obtain a confession, statement, or information | 24 |
| but does not inflict
physical harm on the victim, (2) Class 1 | 25 |
| felony if the defendant inflicts physical harm on
the victim to | 26 |
| obtain a confession, statement, or information, but does not | 27 |
| torture the victim, and
(3) Class X felony if the defendant | 28 |
| tortures the victim to obtain a confession, statement, or
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| information. | 30 |
| (c) For purposes of this Section, "torture" means an act | 31 |
| committed by a person acting under
the color of law | 32 |
| specifically intended to inflict severe and prolonged physical
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| pain or suffering (other than pain or suffering
incidental to |
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| lawful sanctions) upon another person within his
or her custody | 2 |
| or physical control .
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| (Source: P.A. 77-2638.)
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| Section 110. The Code of Civil Procedure is amended by | 5 |
| changing Section 13-202 as follows:
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| (735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
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| Sec. 13-202. Personal injury - Penalty. Actions for damages | 8 |
| for an injury
to the person, or for
false imprisonment, or | 9 |
| malicious prosecution, or for a statutory
penalty, or for | 10 |
| abduction, or for seduction, or for criminal
conversation, | 11 |
| except damages resulting from first degree murder or the | 12 |
| commission of
a Class X felony and the perpetrator thereof is | 13 |
| convicted of such crime,
shall be commenced within 2 years next | 14 |
| after the cause
of action accrued but such an action against a | 15 |
| defendant arising from a
crime committed by the defendant in | 16 |
| whose name an escrow account was established
under the | 17 |
| "Criminal Victims' Escrow Account Act" shall be commenced | 18 |
| within
2 years after the establishment of such account. If the | 19 |
| compelling of a confession or information by force or threat | 20 |
| results in whole or in part in a criminal prosecution of the | 21 |
| plaintiff, the
2-year period set out in this Section shall be | 22 |
| tolled during the time in which the plaintiff is incarcerated, | 23 |
| or until criminal prosecution has been finally resolved in | 24 |
| favor of the above referred plaintiff. However, this provision | 25 |
| shall not apply to units of local government governed by the | 26 |
| Local Governmental and Governmental Employees Tort Immunity | 27 |
| Act.
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| (Source: P.A. 84-1450.)".
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