Full Text of HB0765 95th General Assembly
HB0765ham002 95TH GENERAL ASSEMBLY
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Rep. Arthur L. Turner
Filed: 5/24/2007
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| AMENDMENT TO HOUSE BILL 765
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| AMENDMENT NO. ______. Amend House Bill 765, AS AMENDED, by | 3 |
| replacing the preamble with the following:
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| "WHEREAS, Post-conviction review of credible claims, | 5 |
| supported by verifiable evidence, of torture by former Chicago | 6 |
| Police Commander Jon Burge and/or officers under his | 7 |
| supervision should be addressed expeditiously to ensure the | 8 |
| victims of torture receive justice; and | 9 |
| WHEREAS, More than 100 African-American men and women were | 10 |
| victims of systematic torture committed by several Chicago | 11 |
| Police officers under the Supervision of former Police | 12 |
| Commander Jon Burge over a two-decade period, from as early | 13 |
| 1970 to 1992 and later; and | 14 |
| WHEREAS, The incarceration of an innocent victim of torture | 15 |
| not only works an injustice against that individual, but also |
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| harms society in that the real perpetrator of a crime remains | 2 |
| free and able to commit additional criminal acts; and | 3 |
| WHEREAS, Wrongful convictions result in an erosion of | 4 |
| public confidence in the judicial systems; and | 5 |
| WHEREAS, May 19, 2006, The United Nations Committee Against
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| Torture when issuing its Conclusions and Recommendations with | 7 |
| respect to the US Government's compliance with the Convention | 8 |
| Against Torture and Other Cruel, Inhuman, Degrading Treatment | 9 |
| and Punishment cited the limited investigation and lack of | 10 |
| prosecution in the Chicago Police torture cases and called on | 11 |
| the US Government to thoroughly and impartially investigate all | 12 |
| allegations of acts of torture or cruel, inhuman or degrading | 13 |
| treatment or punishment in these cases; and
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| WHEREAS, Between 1973-1981 - numerous other | 15 |
| African-American arrestees were tortured with electric-shock | 16 |
| and suffocation at Area 2 by Burge and his cohorts to obtain | 17 |
| confessions. The torture included, plastic bags placed over | 18 |
| arrestees heads until lose of consciousness; electric shock | 19 |
| with dark box referred to as "nigger box", to testicles, | 20 |
| armpits, ears, Russian roulette; beatings with guns, fists, and | 21 |
| flashlights; repeated racial epithets; cattle prods; and | 22 |
| cigarette burns; and |
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| WHEREAS, 1981-1988 - 55 separate victims allege torture at | 2 |
| Area 2, including Madison Hobley, Leroy Orange, Stanley Howard, | 3 |
| Darrell Cannon, and Aaron Patterson. In most of these cases, | 4 |
| the State's Attorney's Office is aware of the allegations, and | 5 |
| nonetheless uses the coerced evidence to send the victims to | 6 |
| prison; and | 7 |
| WHEREAS, January 28, 1991 - Amnesty International issued a | 8 |
| report calling for an inquiry into allegations of police | 9 |
| torture in Chicago. Mayor Daley had "no comment whatsoever". | 10 |
| September 1991 - a thirteen year old boy alleged that he had
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| been tortured with electric shock at Area three. Burge and | 12 |
| former Sergeant John Byrne
allegedly supervised the | 13 |
| interrogation; and
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| WHEREAS, January 1992 - During proceedings before the | 15 |
| Police Board, City lawyers admitted that the evidence of Area 2 | 16 |
| torture established "an astounding pattern or plan. . . to | 17 |
| torture certain suspects. . . into confessing to crimes or to | 18 |
| condone such activity"; and | 19 |
| WHEREAS, February 7, 1992 - the Office of Professional | 20 |
| Standards publicly released its
Torture reports after being | 21 |
| ordered to do so by a federal
judge, and in the Goldston Report | 22 |
| the agency found the abuse was "systematic", it included acts | 23 |
| of torture" and that "[p]articular command members were aware |
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| of the systematic abuse and participated in it either by | 2 |
| actively participating in same or failing to take any action to | 3 |
| bring it to an end"; and | 4 |
| WHEREAS, February-March 1992 - City administratively | 5 |
| prosecuted Burge, Yucaitis, and O'Hara in a 6 week hearing | 6 |
| before the Police Board for the torture of Andrew Wilson; and | 7 |
| WHEREAS, February 11, 1993 - The Chicago Police Board fired | 8 |
| Jon Burge and suspended John Yucaitis for 15 months on charges | 9 |
| of torturing and physically abusing Andrew Wilson. O'Hara was | 10 |
| completely exonerated; and | 11 |
| WHEREAS, 1993 - The OPS reopened investigations into | 12 |
| approximately 10 of the 60 known victims of police torture. | 13 |
| These cases include Cannon and Howard; and | 14 |
| WHEREAS, 1993-1994 - After exhaustive investigations, OPS | 15 |
| investigators complete detailed reports, sustaining torture | 16 |
| allegations in 6 cases, including Cannon and Howard, against | 17 |
| several of Burge's trusted Area 2 associates, including Sgt. | 18 |
| Byrne and Detective Dignan; and | 19 |
| WHEREAS, May 15, 1995 - City of Chicago admitted that | 20 |
| Melvin Jones had been electrically shocked in an attempt to | 21 |
| extract a confession; and |
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| WHEREAS, July 13, 1995 - City of Chicago admits in a legal | 2 |
| document that Andrew Wilson was tortured by Burge; and | 3 |
| WHEREAS, November 1, 1999 - At Cannon's hearing, Dr. Robert | 4 |
| Kirschner, an internationally respected expert on torture and | 5 |
| human rights violations, testified that Cannon and several | 6 |
| other Area 2 victims were tortured and that this torture was | 7 |
| part of a pattern and practice similar to that found in other | 8 |
| countries where official torture is practiced by their military | 9 |
| and law enforcement agencies; and | 10 |
| WHEREAS, 1999 - Federal Judge Milton Shadur found that "it | 11 |
| is now common knowledge that Jon Burge and many officers | 12 |
| working under him regularly engaged in the physical abuse and | 13 |
| torture of prisoners in order to extract confessions"; and | 14 |
| WHEREAS, August 2000 - Illinois Supreme Court recognized | 15 |
| the importance of the newly discovered evidence of torture, and | 16 |
| ordered that Aaron Patterson, Stanley Howard, and 2 other death | 17 |
| row inmates be afforded hearings on their allegations of | 18 |
| torture; and | 19 |
| WHEREAS, April 2002 - Chief Cook County Criminal Court | 20 |
| Judge Paul Biebel found that Cook County State's Attorney | 21 |
| Richard Devine had a conflict arising from his prior |
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| representation of Burge and other Area Two Detectives while in | 2 |
| private practice, and appointed Retired Judge Edward Egan as | 3 |
| Special Prosecutor to investigate Area 2 torture; and | 4 |
| WHEREAS, January 10, 2003 - Governor George Ryan granted | 5 |
| Madison Hobley, Stanley Howard, Aaron Patterson, and Leroy | 6 |
| Orange pardons on the basis of innocence, while determining | 7 |
| that their confessions were tortured from them by Burge and his | 8 |
| men; and | 9 |
| WHEREAS, 2004 - During the course of the civil litigation | 10 |
| and in furtherance of the code of silence, Burge, Byrne, and | 11 |
| more than 30 other Area 2 detectives and supervisors asserted | 12 |
| their Fifth Amendment right not to incriminate themselves and | 13 |
| refused to answer questions on each and every allegation of | 14 |
| torture; and | 15 |
| WHEREAS, 2004 - Several African-American former Area 2 | 16 |
| detectives who worked under Burge come forward and broke the | 17 |
| code of silence, admitting that they saw or heard evidence of | 18 |
| torture, saw implements of torture, including Burge's shock | 19 |
| box, and that torture by Burge and his men was an "open secret" | 20 |
| at Area 2; and | 21 |
| WHEREAS, January 2005 - United States Court of Appeals | 22 |
| Justice Diane Wood likened Area 2 torture to that of Abu |
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| Ghraib, writing: "[A] mountain of evidence indicates that | 2 |
| torture was an ordinary occurrence at the Area 2 station of the | 3 |
| Chicago Police Department. Eventually, as this sorry tale came | 4 |
| to light, the Office of Professional Standards Investigation of | 5 |
| the Police Department looked into the allegations, and it | 6 |
| issued a report that concluded that police torture under the | 7 |
| command of Lt. Jon Burge - the officer in charge of Hinton's | 8 |
| case - had been a regular part of the system for more than ten | 9 |
| years. And, in language reminiscent of the news reports of 2004 | 10 |
| concerning the notorious Abu Ghraib facility in Iraq, the | 11 |
| report said that: [t]he type of abuse described was not limited | 12 |
| to the usual beating, but went into such esoteric areas as | 13 |
| psychological techniques and planned torture"; and | 14 |
| WHEREAS, January 2005 - Justice Wood further found that | 15 |
| Area Two torture violated the United Nations prohibition | 16 |
| against torture, writing: Indeed, the alleged conduct is so | 17 |
| extreme that, if proven, it would fall within the prohibitions | 18 |
| established by the United Nations Convention Against Torture | 19 |
| ("CAT"), which defines torture as "any act by which severe pain | 20 |
| or suffering, whether physical or mental, is intentionally | 21 |
| inflicted on a person for such purposes as obtaining from him | 22 |
| or a third person information or a confession. . . ." thereby | 23 |
| violating the fundamental human rights principles that the | 24 |
| United States is committed to uphold. . . .; and |
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| WHEREAS, Spring 2005 - Freedom of information documents | 2 |
| reveal that the City of Chicago has spent more than $6,000,000 | 3 |
| in legal fees defending itself and Burge and his men against | 4 |
| allegations of torture, despite repeatedly acknowledging that | 5 |
| they had engaged in a pattern and practice of torture; and | 6 |
| WHEREAS, September 1, 2005 - Frustrated by the fact that | 7 |
| the Special Prosecutor had not brought indictments, community | 8 |
| groups petitioned the Organization of American States' | 9 |
| Inter-American Commission on Human Rights and was granted a | 10 |
| hearing on police torture and the failure to prosecute Burge | 11 |
| and his men; and | 12 |
| WHEREAS, On July 19, 2006, the Special Prosecutors filed a | 13 |
| 292-page report documenting their investigation, which took | 14 |
| four years to complete at a cost to taxpayers of $7,000,000, | 15 |
| and although they claimed Burge and others could not be | 16 |
| criminally prosecuted due to the state statute of limitations, | 17 |
| and they concluded: | 18 |
| "Beyond a reasonable doubt," Jon Burge and five other | 19 |
| detectives under his command committed criminal acts in | 20 |
| violation of the laws of the State of Illinois which | 21 |
| included armed violence, aggravated battery, intimidation, | 22 |
| official misconduct, perjury, and/or obstruction of | 23 |
| justice against three African American male torture | 24 |
| victims, Andrew Wilson, Alphonso Pinex and Phillip Adkins; |
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| and | 2 |
| Many other African American victims were abused by | 3 |
| Burge including Melvin Jones, Shaded Mumin and Michael | 4 |
| Johnson, but "proof beyond a reasonable doubt [was] | 5 |
| absent"; and | 6 |
| Of the 148 cases they investigated, they believed that | 7 |
| abuse occurred in 74, or approximately half of the cases; | 8 |
| and | 9 |
| Jon Burge was guilty of abusing people with impunity | 10 |
| and therefore those serving under his command believed they | 11 |
| too could abuse people with impunity; and | 12 |
| Eight to twelve detectives (out a police unit of | 13 |
| forty-four) were responsible for the majority of the | 14 |
| torture; and | 15 |
| The former Superintendent of the Chicago Police | 16 |
| Department (hereinafter CPD) Richard J. Brzeczek was | 17 |
| guilty of a "dereliction of duty" and "did not act in good | 18 |
| faith in the investigation of Andrew Wilson's case" | 19 |
| because: 1) Brzeczek "believed at the time that officers at | 20 |
| Area 2 had tortured Andrew Wilson," yet Brzeczek "kept | 21 |
| Burge in command at Area 2, and issued a letter of | 22 |
| commendation to all of the detectives at Area 2;" and 2) | 23 |
| Brzeczek was aware CPD officers falsely testified under | 24 |
| oath at a motion to suppress Wilson's coerced confession | 25 |
| and before a jury in Wilson's criminal trial, denying | 26 |
| Wilson had been tortured, in order to use his coerced |
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| confession to convict him and sentence him to death; and | 2 |
| The Chief of Felony Review of the Cook County State's | 3 |
| Attorney's Office, Lawrence Hyman, who interviewed Andrew | 4 |
| Wilson after he was tortured at Police Headquarters, gave | 5 |
| "false testimony" in Andrew Wilson's criminal proceedings | 6 |
| when "he denied that Andrew Wilson told him he had been | 7 |
| tortured by detectives under the command of Jon Burge;" and | 8 |
| Something should have been done about the disgrace and | 9 |
| embarrassment [at Area 2] 24 years ago by the Chicago | 10 |
| Police Superintendent"; and | 11 |
| WHEREAS, The 100 or more torture victims were forced to | 12 |
| confess to crimes and the forced confessions were used to | 13 |
| convict them; and | 14 |
| WHEREAS, At least 24 victims of torture are still | 15 |
| imprisoned in Illinois prisons and these victims no longer have | 16 |
| recourse through the courts; and | 17 |
| WHEREAS, Public confidence in the justice system is | 18 |
| strengthened by thorough and timely inquiry into claims of | 19 |
| torture; and | 20 |
| WHEREAS, Factual claims of torture, which are determined to | 21 |
| be credible, can most effectively and efficiently be evaluated | 22 |
| through complete and independent investigation and review of |
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| the same; therefore"; and | 2 |
| by replacing everything after the enacting clause with the | 3 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Torture Inquiry and Relief Commission Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| (1) "Claim of torture" means a claim on behalf of
a living | 8 |
| person convicted of a felony in Illinois asserting that
he was | 9 |
| tortured into confessing to the crime
for which the person was | 10 |
| convicted and the tortured confession was used to obtain the | 11 |
| conviction
and for
which there is some credible evidence
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| related to allegations of torture committed by
Commander Jon | 13 |
| Burge or any officer under the supervision of Jon
Burge.
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| (2) "Commission" means the Illinois Torture Inquiry and | 15 |
| Relief Commission established by this Act. | 16 |
| (3) "Director" means the Director of the Illinois Torture | 17 |
| Inquiry and Relief Commission. | 18 |
| (4) "Victim" means the victim of the crime, or if the | 19 |
| victim of the crime is deceased, the next of kin of the victim. | 20 |
| Section 10. Purpose of Act. This Act establishes an | 21 |
| extraordinary procedure to investigate and determine factual | 22 |
| claims of torture related to allegations of torture that shall |
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| require an individual to voluntarily waive rights and | 2 |
| privileges as described in this Act. | 3 |
| Section 15. Commission established. | 4 |
| (a) There is established the Illinois Torture and Relief | 5 |
| Inquiry Commission. The Illinois Torture Relief Inquiry | 6 |
| Commission shall be an independent commission under the | 7 |
| Administrative Office of the Illinois Courts for | 8 |
| administrative purposes. | 9 |
| (b) The Administrative Office of the Illinois Courts shall | 10 |
| provide administrative support to the Commission as needed. The | 11 |
| Director of the Administrative Office of the Illinois Courts | 12 |
| shall not reduce or modify the budget of the Commission or use | 13 |
| funds appropriated to the Commission without the approval of | 14 |
| the Commission. | 15 |
| Section 20. Membership; chair; meetings; quorum. | 16 |
| (a) The Commission shall consist of 8 voting members as | 17 |
| follows: | 18 |
| (1) One shall be a Circuit Court Judge, with 10 years | 19 |
| or less seniority. | 20 |
| (2) One shall be a former prosecuting attorney. | 21 |
| (3) One shall be a law school professor. | 22 |
| (4) One shall be engaged in the practice of criminal | 23 |
| defense law. | 24 |
| (5) Three shall be members of the public who are not |
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| attorneys
and who are not officers or employees of the | 2 |
| Judicial
branch.
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| (6) One shall be a former public defender. | 4 |
| The Commission shall be appointed as follows: | 5 |
| 2 members appointed by the Governor; | 6 |
| 2 members appointed by the President of the Senate; | 7 |
| One member appointed by the Minority Leader of the | 8 |
| Senate; | 9 |
| 2 members appointed by the Speaker of the House of | 10 |
| Representatives; and | 11 |
| One member appointed by the Minority Leader of the | 12 |
| House of Representatives. | 13 |
| After an appointee has served his or her first 3-year term, | 14 |
| the subsequent appointment or reappointment may be by the | 15 |
| initial appointing authority. | 16 |
| (a-1) The appointing authority shall also appoint | 17 |
| alternate Commission members for the Commission members he or | 18 |
| she has appointed to serve in the event of scheduling | 19 |
| conflicts, conflicts of interest, disability, or other | 20 |
| disqualification arising in a particular case. The alternate | 21 |
| members shall have the same qualifications for appointment as | 22 |
| the original member. In making the appointments, the appointing | 23 |
| authority shall make a good faith effort to appoint members | 24 |
| with different perspectives of the justice system. The | 25 |
| appointing authority shall also consider geographical | 26 |
| location, gender, and racial diversity in making the |
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| appointments. | 2 |
| (b) The judge who is appointed as a member under subsection | 3 |
| (a) shall serve as Chair of the Commission. The Commission | 4 |
| shall have its initial meeting no later than January 31, 2008, | 5 |
| at the call of the Chair. The Commission shall meet a minimum | 6 |
| of once every 6 months and may also meet more often at the call | 7 |
| of the Chair. The Commission shall meet at such time and place | 8 |
| as designated by the Chair. Notice of the meetings shall be | 9 |
| given at such time and manner as provided by the rules of the | 10 |
| Commission. A majority of the members shall constitute a | 11 |
| quorum. All Commission votes shall be by majority vote. | 12 |
| Section 25. Terms of members; compensation; expenses. | 13 |
| (a) Of the initial members, 2 appointments shall be for | 14 |
| one-year terms, 3 appointments shall be for 2-year terms, and 3 | 15 |
| appointments shall be for 3-year terms. Thereafter, all terms | 16 |
| shall be for 3 years. Members of the Commission shall serve no | 17 |
| more than 2 consecutive 3-year terms plus any initial term of | 18 |
| less than 3 years. Unless provided otherwise by this Act, all | 19 |
| terms of members shall begin on January 1 and end on December | 20 |
| 31. | 21 |
| Members serving by virtue of elective or appointive office, | 22 |
| may serve only so long as the office holders hold those | 23 |
| respective offices. The Chief Judge of the Cook County Circuit | 24 |
| Court may remove members, with cause. Vacancies occurring | 25 |
| before the expiration of a term shall be filled in the manner |
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| provided for the members first appointed. | 2 |
| (b) The Commission members shall receive no salary for | 3 |
| serving. All Commission members shall receive necessary | 4 |
| subsistence and travel expenses. | 5 |
| Section 30. Director and other staff. The Commission shall | 6 |
| employ a Director. The Director shall be an attorney licensed | 7 |
| to practice in Illinois at the time of appointment and at all | 8 |
| times during service as Director. The Director shall assist the | 9 |
| Commission in developing rules and standards for cases accepted | 10 |
| for review, coordinate investigation of cases accepted for | 11 |
| review, maintain records for all cases investigations, prepare | 12 |
| reports outlining Commission investigations and | 13 |
| recommendations to the trial court, and apply for and accept on | 14 |
| behalf of the Commission any funds that may become available | 15 |
| from government grants, private gifts, donations, or bequests | 16 |
| from any source. | 17 |
| Subject to the approval of the Chair, the Director shall | 18 |
| employ such other staff and shall contract for services as is | 19 |
| necessary to assist the Commission in the performance of its | 20 |
| duties, and as funds permit. | 21 |
| The Commission may meet in an area provided by the | 22 |
| Administrative Office of the Illinois Courts. The | 23 |
| Administrative Office of the Illinois Courts shall provide | 24 |
| office space for the Commission and the Commission staff. |
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| Section 35. Duties. The Commission shall have the following | 2 |
| duties and powers: | 3 |
| (1) To establish the criteria and screening process to | 4 |
| be used to determine which cases shall be accepted for | 5 |
| review. | 6 |
| (2) To conduct inquiries into claims of torture with | 7 |
| priority to be given to those cases in which the convicted | 8 |
| person is currently incarcerated solely for the crime to | 9 |
| which he or she claims torture by Jon Burge and - or | 10 |
| officers under his command. | 11 |
| (3) To coordinate the investigation of cases accepted | 12 |
| for review. | 13 |
| (4) To maintain records for all case investigations. | 14 |
| (5) To prepare written reports outlining Commission | 15 |
| investigations and recommendations to the trial court at | 16 |
| the completion of each inquiry. | 17 |
| (6) To apply for and accept any funds that may become | 18 |
| available for the Commission's work from government | 19 |
| grants, private gifts, donations, or bequests from any | 20 |
| source. | 21 |
| Section 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 consider |
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| a claim of torture if the convicted person is deceased. The | 2 |
| determination of whether to grant a formal inquiry regarding | 3 |
| any other claim of torture is in the discretion of the | 4 |
| Commission. The Commission may informally screen and dismiss a | 5 |
| 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 safeguard and privileges, agrees to cooperate with | 11 |
| the Commission, and agrees to provide full disclosure regarding | 12 |
| inquiry requirements of the Commission. The Waver under this | 13 |
| subsection does not apply to matters unrelated to a convicted | 14 |
| person's claim of torture. The convicted person shall have the | 15 |
| right to advice of counsel prior to the execution of the | 16 |
| agreement and, if a formal inquiry is granted, throughout the | 17 |
| formal inquiry. If counsel represents the convicted person, | 18 |
| then the convicted person's counsel must be present at the | 19 |
| signing of the agreement. If counsel does not represent the | 20 |
| convicted person, the Commission Chair shall determine the | 21 |
| convicted person's indigency status and, if appropriate, enter | 22 |
| an order for the appointment of counsel for the purpose of | 23 |
| advising on the agreement. | 24 |
| (c) If a formal inquiry regarding a claim of torture is | 25 |
| granted, the Director shall use all due diligence to notify the | 26 |
| victim in the case and explain the inquiry process. The |
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| Commission shall give the victim notice that the victim has the | 2 |
| right to present his or her views and concerns throughout the | 3 |
| Commission's investigation. | 4 |
| (d) The Commission may use any measure provided in the Code | 5 |
| of Civil Procedure and the Code of Criminal Procedure of 1963 | 6 |
| to obtain information necessary to its inquiry. The Commission | 7 |
| may also do any of the following: issue process to compel the | 8 |
| attendance of witnesses and the production of evidence, | 9 |
| administer oaths, petition the Circuit Court of Cook County or | 10 |
| of the original jurisdiction for enforcement of process or for | 11 |
| other relief, and prescribe its own rules of procedure. All | 12 |
| challenges with regard to the Commission's authority or the | 13 |
| Commission's access to evidence shall be heard by the | 14 |
| Commission Chair in the Chair's judicial capacity, including | 15 |
| any in camera review. | 16 |
| (e) While performing duties for the Commission, the | 17 |
| Director or the Director's designee may serve subpoenas or | 18 |
| other process issued by the Commission throughout the State in | 19 |
| the same manner and with the same effect as an officer | 20 |
| authorized to serve process under the laws of this State. | 21 |
| (f) All State discovery and disclosure statutes in effect | 22 |
| at the time of formal inquiry shall be enforceable as if the | 23 |
| convicted person were currently being tried for the charge for | 24 |
| which the convicted person is claiming torture. | 25 |
| (g) If, at any point during an inquiry, the convicted | 26 |
| person refuses to comply with requests of the Commission or is |
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| otherwise deemed to be uncooperative by the Commission, the | 2 |
| Commission shall discontinue the inquiry. | 3 |
| Section 45. Commission proceedings. | 4 |
| (a) At the completion of a formal inquiry, all relevant | 5 |
| evidence shall be presented to the full Commission. As part of | 6 |
| its proceedings, the Commission may conduct public hearings. | 7 |
| The determination as to whether to conduct public hearings is | 8 |
| solely in the discretion of the Commission. Any public hearing | 9 |
| held in accordance with this Section shall be subject to the | 10 |
| Commission's rules of operation. | 11 |
| (b) The Director shall use all due diligence to notify the | 12 |
| victim at least 30 days prior to any proceedings of the full | 13 |
| Commission held in regard to the victim's case. The Commission | 14 |
| shall notify the victim that the victim is permitted to attend | 15 |
| proceedings otherwise closed to the public, subject to any | 16 |
| limitations imposed by this Act, If the victim plans to attend | 17 |
| proceedings otherwise closed to the public, the victim shall | 18 |
| notify the Commission at least 10 days in advance of the | 19 |
| proceedings of his or her intent to attend. If the Commission | 20 |
| determines that the victim's presence may interfere with the | 21 |
| investigation, the Commission may close any portion of the | 22 |
| proceedings to the victim. | 23 |
| (c) After hearing the evidence, the full Commission shall | 24 |
| vote to establish further case disposition as provided by this | 25 |
| subsection. All 8 voting members of the Commission shall |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| participate in that vote. | 2 |
| If 5 or more of the 8 voting members of the Commission | 3 |
| conclude there is sufficient evidence of torture to merit | 4 |
| judicial review, the case shall be referred to the Chief Judge | 5 |
| of the Circuit Court of Cook County by filing with the clerk of | 6 |
| court the opinion of the Commission with supporting findings of | 7 |
| fact, as well as the record in support of such opinion, with | 8 |
| service on the State's Attorney if another State's Attorney is | 9 |
| appointed other than Richard Devine in non-capital cases and | 10 |
| service on both the State's Attorney and Attorney General in | 11 |
| capital cases. | 12 |
| If less than 5 of the 8 voting members of the Commission | 13 |
| conclude there is insufficient evidence of torture to merit | 14 |
| judicial review, the Commission shall conclude there is | 15 |
| insufficient evidence of torture to merit judicial review. The | 16 |
| Commission shall document that opinion, along with supporting | 17 |
| findings of fact, and file those documents and supporting | 18 |
| materials with the court clerk in the circuit of original | 19 |
| jurisdiction, with a copy to the State's Attorney and the chief | 20 |
| judge. | 21 |
| The Director of the Commission shall use all due diligence | 22 |
| to notify immediately the victim of the Commission's conclusion | 23 |
| in a case. | 24 |
| (d) Evidence of criminal acts, professional misconduct, or | 25 |
| other wrongdoing disclosed through formal inquiry or | 26 |
| Commission proceedings shall be referred to the appropriate |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| authority. Evidence favorable to the convicted person | 2 |
| disclosed through formal inquiry or Commission proceedings | 3 |
| shall be disclosed to the convicted person and the convicted | 4 |
| person's counsel, if the convicted person has counsel. | 5 |
| (e) All proceedings, of the Commission shall be recorded | 6 |
| and transcribed as part of the record. All Commission member | 7 |
| votes shall be recorded in the record. All records and | 8 |
| proceedings of the Commission are confidential and are exempt | 9 |
| from public record and public meeting laws except that the | 10 |
| supporting records for the Commission's conclusion that there | 11 |
| is sufficient evidence of torture to merit judicial review, | 12 |
| including all files and materials considered by the Commission | 13 |
| and an full transcript of the hearing before the Commission, | 14 |
| shall become public at the time of referral to the court. | 15 |
| Commission records for conclusions of insufficient evidence of | 16 |
| torture to merit judicial review shall remain confidential, | 17 |
| except as provided in subsection (d). | 18 |
| Section 50. Post-commission judicial review. | 19 |
| (a) If the Commission concludes there is sufficient | 20 |
| evidence of torture to merit judicial review, the
Chair of the | 21 |
| Commission shall request the Chief Judge of the Circuit Court | 22 |
| of Cook County for assignment to a trial judge for | 23 |
| consideration. The court may receive proof by affidavits, | 24 |
| depositions, oral testimony, or other evidence. In its | 25 |
| discretion the court may order the petitioner brought before |
|
|
|
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LRB095 10271 RLC 36923 a |
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| 1 |
| the court for the hearing. If the court finds in favor of the | 2 |
| petitioner, it shall enter an appropriate order with respect to | 3 |
| the judgment or sentence in the former proceedings and such | 4 |
| supplementary orders as to rearraignment, retrial, custody, | 5 |
| bail or discharge as may be necessary and proper.
| 6 |
| (c) The State's Attorney, or the State's Attorney's | 7 |
| designee, shall represent the State at the hearing before the | 8 |
| Assigned judge. | 9 |
| Section 55. No right to further review of decision by | 10 |
| Commission; convicted person retains right to other | 11 |
| postconviction relief. | 12 |
| (a) Unless otherwise authorized by this Act, the decisions | 13 |
| of the Commission are final and are subject to further review | 14 |
| by appeal, certification, writ, motion, or otherwise. | 15 |
| (b) A claim of torture asserted through the Commission | 16 |
| shall not adversely affect the convicted person's rights to | 17 |
| other post conviction relief.
| 18 |
| Section 60. In order to allow staggered terms of members of | 19 |
| the Illinois Torture Inquiry and Relief Commission, the | 20 |
| Commission members identified in paragraphs (1), (2), and (4) | 21 |
| of subsection (a) of Section 20 shall be appointed to initial | 22 |
| terms of 2 years, the Commission members identified in | 23 |
| paragraph (5) of subsection (a) of Section 20 shall be | 24 |
| appointed to initial terms of 3 years, and the Commission |
|
|
|
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LRB095 10271 RLC 36923 a |
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| 1 |
| members identified in paragraph (3) and (6) of subsection (a) | 2 |
| of Section 20 shall be appointed to initial terms of one year. | 3 |
| Section 65. Beginning January 1, 2009, and annually | 4 |
| thereafter, the Illinois Torture and Inquiry Relief Commission | 5 |
| shall report on its activities to the General Assembly and the | 6 |
| Governor. The report may contain recommendations of any needed | 7 |
| legislative changes related to the activities of the | 8 |
| Commission. The report shall recommend the funding needed by | 9 |
| the Commission, the State's Attorneys, and the Department of | 10 |
| State Police in order to meet their responsibilities under this | 11 |
| Act. Recommendations concerning the State's Attorneys or the | 12 |
| Department of State Police shall only be made after | 13 |
| consultations with the Illinois State's Attorneys Association | 14 |
| and the Attorney General. | 15 |
| Section 70. The Administrative Office of the Illinois | 16 |
| Courts shall report to the General Assembly and the Chief | 17 |
| Justice no later than December 31, 2010, and no later than | 18 |
| December 31 of every third year, regarding the implementation | 19 |
| of this Act and shall include in its report the statistics | 20 |
| regarding inquiries and any recommendations for changes. The | 21 |
| House of Representatives and the Senate shall refer the report | 22 |
| to the appropriate committees for their review. | 23 |
| Section 75. The initial members of the Illinois Torture |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| Inquiry and Relief Commission shall be appointed not later than | 2 |
| October 1, 2007. No claims of torture may be filed with the | 3 |
| Commission until November 1, 2007. | 4 |
| Section 80. This Act applies to claims of torture filed on | 5 |
| or before December 31, 2012. | 6 |
| Section 905. The Freedom of Information Act is amended by | 7 |
| changing Section 7 as follows: | 8 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) | 9 |
| Sec. 7. Exemptions.
| 10 |
| (1) The following shall be exempt from inspection and | 11 |
| copying:
| 12 |
| (a) Information specifically prohibited from | 13 |
| disclosure by federal or
State law or rules and regulations | 14 |
| adopted under federal or State law.
| 15 |
| (b) Information that, if disclosed, would constitute a | 16 |
| clearly
unwarranted invasion of personal privacy, unless | 17 |
| the disclosure is
consented to in writing by the individual | 18 |
| subjects of the information. The
disclosure of information | 19 |
| that bears on the public duties of public
employees and | 20 |
| officials shall not be considered an invasion of personal
| 21 |
| privacy. Information exempted under this subsection (b) | 22 |
| shall include but
is not limited to:
| 23 |
| (i) files and personal information maintained with |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| respect to
clients, patients, residents, students or | 2 |
| other individuals receiving
social, medical, | 3 |
| educational, vocational, financial, supervisory or
| 4 |
| custodial care or services directly or indirectly from | 5 |
| federal agencies
or public bodies;
| 6 |
| (ii) personnel files and personal information | 7 |
| maintained with
respect to employees, appointees or | 8 |
| elected officials of any public body or
applicants for | 9 |
| those positions;
| 10 |
| (iii) files and personal information maintained | 11 |
| with respect to any
applicant, registrant or licensee | 12 |
| by any public body cooperating with or
engaged in | 13 |
| professional or occupational registration, licensure | 14 |
| or discipline;
| 15 |
| (iv) information required of any taxpayer in | 16 |
| connection with the
assessment or collection of any tax | 17 |
| unless disclosure is otherwise required
by State | 18 |
| statute;
| 19 |
| (v) information revealing the identity of persons | 20 |
| who file complaints
with or provide information to | 21 |
| administrative, investigative, law enforcement
or | 22 |
| penal agencies; provided, however, that identification | 23 |
| of witnesses to
traffic accidents, traffic accident | 24 |
| reports, and rescue reports may be provided
by agencies | 25 |
| of local government, except in a case for which a | 26 |
| criminal
investigation is ongoing, without |
|
|
|
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| 1 |
| constituting a clearly unwarranted per se
invasion of | 2 |
| personal privacy under this subsection; and
| 3 |
| (vi) the names, addresses, or other personal | 4 |
| information of
participants and registrants in park | 5 |
| district, forest preserve district, and
conservation | 6 |
| district programs.
| 7 |
| (c) Records compiled by any public body for | 8 |
| administrative enforcement
proceedings and any law | 9 |
| enforcement or correctional agency for
law enforcement | 10 |
| purposes or for internal matters of a public body,
but only | 11 |
| to the extent that disclosure would:
| 12 |
| (i) interfere with pending or actually and | 13 |
| reasonably contemplated
law enforcement proceedings | 14 |
| conducted by any law enforcement or correctional
| 15 |
| agency;
| 16 |
| (ii) interfere with pending administrative | 17 |
| enforcement proceedings
conducted by any public body;
| 18 |
| (iii) deprive a person of a fair trial or an | 19 |
| impartial hearing;
| 20 |
| (iv) unavoidably disclose the identity of a | 21 |
| confidential source or
confidential information | 22 |
| furnished only by the confidential source;
| 23 |
| (v) disclose unique or specialized investigative | 24 |
| techniques other than
those generally used and known or | 25 |
| disclose internal documents of
correctional agencies | 26 |
| related to detection, observation or investigation of
|
|
|
|
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LRB095 10271 RLC 36923 a |
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| 1 |
| incidents of crime or misconduct;
| 2 |
| (vi) constitute an invasion of personal privacy | 3 |
| under subsection (b) of
this Section;
| 4 |
| (vii) endanger the life or physical safety of law | 5 |
| enforcement personnel
or any other person; or
| 6 |
| (viii) obstruct an ongoing criminal investigation.
| 7 |
| (d) Criminal history record information maintained by | 8 |
| State or local
criminal justice agencies, except the | 9 |
| following which shall be open for
public inspection and | 10 |
| copying:
| 11 |
| (i) chronologically maintained arrest information, | 12 |
| such as traditional
arrest logs or blotters;
| 13 |
| (ii) the name of a person in the custody of a law | 14 |
| enforcement agency and
the charges for which that | 15 |
| person is being held;
| 16 |
| (iii) court records that are public;
| 17 |
| (iv) records that are otherwise available under | 18 |
| State or local law; or
| 19 |
| (v) records in which the requesting party is the | 20 |
| individual
identified, except as provided under part | 21 |
| (vii) of
paragraph (c) of subsection (1) of this | 22 |
| Section.
| 23 |
| "Criminal history record information" means data | 24 |
| identifiable to an
individual and consisting of | 25 |
| descriptions or notations of arrests,
detentions, | 26 |
| indictments, informations, pre-trial proceedings, trials, |
|
|
|
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| 1 |
| or
other formal events in the criminal justice system or | 2 |
| descriptions or
notations of criminal charges (including | 3 |
| criminal violations of local
municipal ordinances) and the | 4 |
| nature of any disposition arising therefrom,
including | 5 |
| sentencing, court or correctional supervision, | 6 |
| rehabilitation and
release. The term does not apply to | 7 |
| statistical records and reports in
which individuals are | 8 |
| not identified and from which
their identities are not | 9 |
| ascertainable, or to information that is for
criminal | 10 |
| investigative or intelligence purposes.
| 11 |
| (e) Records that relate to or affect the security of | 12 |
| correctional
institutions and detention facilities.
| 13 |
| (f) Preliminary drafts, notes, recommendations, | 14 |
| memoranda and other
records in which opinions are | 15 |
| expressed, or policies or actions are
formulated, except | 16 |
| that a specific record or relevant portion of a
record | 17 |
| shall not be exempt when the record is publicly cited
and | 18 |
| identified by the head of the public body. The exemption | 19 |
| provided in
this paragraph (f) extends to all those records | 20 |
| of officers and agencies
of the General Assembly that | 21 |
| pertain to the preparation of legislative
documents.
| 22 |
| (g) Trade secrets and commercial or financial | 23 |
| information obtained from
a person or business where the | 24 |
| trade secrets or information are
proprietary, privileged | 25 |
| or confidential, or where disclosure of the trade
secrets | 26 |
| or information may cause competitive harm, including: |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| (i) All
information determined to be confidential | 2 |
| under Section 4002 of the
Technology Advancement and | 3 |
| Development Act. | 4 |
| (ii) All trade secrets and commercial or financial | 5 |
| information obtained by a public body, including a | 6 |
| public pension fund, from a private equity fund or a | 7 |
| privately held company within the investment portfolio | 8 |
| of a private equity fund as a result of either | 9 |
| investing or evaluating a potential investment of | 10 |
| public funds in a private equity fund. The exemption | 11 |
| contained in this item does not apply to the aggregate | 12 |
| financial performance information of a private equity | 13 |
| fund, nor to the identity of the fund's managers or | 14 |
| general partners. The exemption contained in this item | 15 |
| does not apply to the identity of a privately held | 16 |
| company within the investment portfolio of a private | 17 |
| equity fund, unless the disclosure of the identity of a | 18 |
| privately held company may cause competitive harm.
| 19 |
| Nothing contained in this
paragraph (g) shall be construed | 20 |
| to prevent a person or business from
consenting to disclosure.
| 21 |
| (h) Proposals and bids for any contract, grant, or | 22 |
| agreement, including
information which if it were | 23 |
| disclosed would frustrate procurement or give
an advantage | 24 |
| to any person proposing to enter into a contractor | 25 |
| agreement
with the body, until an award or final selection | 26 |
| is made. Information
prepared by or for the body in |
|
|
|
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LRB095 10271 RLC 36923 a |
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| 1 |
| preparation of a bid solicitation shall be
exempt until an | 2 |
| award or final selection is made.
| 3 |
| (i) Valuable formulae,
computer geographic systems,
| 4 |
| designs, drawings and research data obtained or
produced by | 5 |
| any public body when disclosure could reasonably be | 6 |
| expected to
produce private gain or public loss.
The | 7 |
| exemption for "computer geographic systems" provided in | 8 |
| this paragraph
(i) does not extend to requests made by news | 9 |
| media as defined in Section 2 of
this Act when the | 10 |
| requested information is not otherwise exempt and the only
| 11 |
| purpose of the request is to access and disseminate | 12 |
| information regarding the
health, safety, welfare, or | 13 |
| legal rights of the general public.
| 14 |
| (j) Test questions, scoring keys and other examination | 15 |
| data used to
administer an academic examination or | 16 |
| determined the qualifications of an
applicant for a license | 17 |
| or employment.
| 18 |
| (k) Architects' plans, engineers' technical | 19 |
| submissions, and
other
construction related technical | 20 |
| documents for
projects not constructed or developed in | 21 |
| whole or in part with public funds
and the same for | 22 |
| projects constructed or developed with public funds, but
| 23 |
| only to the extent
that disclosure would compromise | 24 |
| security, including but not limited to water
treatment | 25 |
| facilities, airport facilities, sport stadiums, convention | 26 |
| centers,
and all government owned, operated, or occupied |
|
|
|
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LRB095 10271 RLC 36923 a |
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| 1 |
| buildings.
| 2 |
| (l) Library circulation and order records identifying | 3 |
| library users with
specific materials.
| 4 |
| (m) Minutes of meetings of public bodies closed to the
| 5 |
| public as provided in the Open Meetings Act until the | 6 |
| public body
makes the minutes available to the public under | 7 |
| Section 2.06 of the Open
Meetings Act.
| 8 |
| (n) Communications between a public body and an | 9 |
| attorney or auditor
representing the public body that would | 10 |
| not be subject to discovery in
litigation, and materials | 11 |
| prepared or compiled by or for a public body in
| 12 |
| anticipation of a criminal, civil or administrative | 13 |
| proceeding upon the
request of an attorney advising the | 14 |
| public body, and materials prepared or
compiled with | 15 |
| respect to internal audits of public bodies.
| 16 |
| (o) Information received by a primary or secondary | 17 |
| school, college or
university under its procedures for the | 18 |
| evaluation of faculty members by
their academic peers.
| 19 |
| (p) Administrative or technical information associated | 20 |
| with automated
data processing operations, including but | 21 |
| not limited to software,
operating protocols, computer | 22 |
| program abstracts, file layouts, source
listings, object | 23 |
| modules, load modules, user guides, documentation
| 24 |
| pertaining to all logical and physical design of | 25 |
| computerized systems,
employee manuals, and any other | 26 |
| information that, if disclosed, would
jeopardize the |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| security of the system or its data or the security of
| 2 |
| materials exempt under this Section.
| 3 |
| (q) Documents or materials relating to collective | 4 |
| negotiating matters
between public bodies and their | 5 |
| employees or representatives, except that
any final | 6 |
| contract or agreement shall be subject to inspection and | 7 |
| copying.
| 8 |
| (r) Drafts, notes, recommendations and memoranda | 9 |
| pertaining to the
financing and marketing transactions of | 10 |
| the public body. The records of
ownership, registration, | 11 |
| transfer, and exchange of municipal debt
obligations, and | 12 |
| of persons to whom payment with respect to these | 13 |
| obligations
is made.
| 14 |
| (s) The records, documents and information relating to | 15 |
| real estate
purchase negotiations until those negotiations | 16 |
| have been completed or
otherwise terminated. With regard to | 17 |
| a parcel involved in a pending or
actually and reasonably | 18 |
| contemplated eminent domain proceeding under the Eminent | 19 |
| Domain Act, records, documents and
information relating to | 20 |
| that parcel shall be exempt except as may be
allowed under | 21 |
| discovery rules adopted by the Illinois Supreme Court. The
| 22 |
| records, documents and information relating to a real | 23 |
| estate sale shall be
exempt until a sale is consummated.
| 24 |
| (t) Any and all proprietary information and records | 25 |
| related to the
operation of an intergovernmental risk | 26 |
| management association or
self-insurance pool or jointly |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| self-administered health and accident
cooperative or pool.
| 2 |
| (u) Information concerning a university's adjudication | 3 |
| of student or
employee grievance or disciplinary cases, to | 4 |
| the extent that disclosure
would reveal the identity of the | 5 |
| student or employee and information
concerning any public | 6 |
| body's adjudication of student or employee grievances
or | 7 |
| disciplinary cases, except for the final outcome of the | 8 |
| cases.
| 9 |
| (v) Course materials or research materials used by | 10 |
| faculty members.
| 11 |
| (w) Information related solely to the internal | 12 |
| personnel rules and
practices of a public body.
| 13 |
| (x) Information contained in or related to | 14 |
| examination, operating, or
condition reports prepared by, | 15 |
| on behalf of, or for the use of a public
body responsible | 16 |
| for the regulation or supervision of financial
| 17 |
| institutions or insurance companies, unless disclosure is | 18 |
| otherwise
required by State law.
| 19 |
| (y) Information the disclosure of which is restricted | 20 |
| under Section
5-108 of the Public Utilities Act.
| 21 |
| (z) Manuals or instruction to staff that relate to | 22 |
| establishment or
collection of liability for any State tax | 23 |
| or that relate to investigations
by a public body to | 24 |
| determine violation of any criminal law.
| 25 |
| (aa) Applications, related documents, and medical | 26 |
| records received by
the Experimental Organ Transplantation |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| Procedures Board and any and all
documents or other records | 2 |
| prepared by the Experimental Organ
Transplantation | 3 |
| Procedures Board or its staff relating to applications
it | 4 |
| has received.
| 5 |
| (bb) Insurance or self insurance (including any | 6 |
| intergovernmental risk
management association or self | 7 |
| insurance pool) claims, loss or risk
management | 8 |
| information, records, data, advice or communications.
| 9 |
| (cc) Information and records held by the Department of | 10 |
| Public Health and
its authorized representatives relating | 11 |
| to known or suspected cases of
sexually transmissible | 12 |
| disease or any information the disclosure of which
is | 13 |
| restricted under the Illinois Sexually Transmissible | 14 |
| Disease Control Act.
| 15 |
| (dd) Information the disclosure of which is exempted | 16 |
| under Section 30
of the Radon Industry Licensing Act.
| 17 |
| (ee) Firm performance evaluations under Section 55 of | 18 |
| the
Architectural, Engineering, and Land Surveying | 19 |
| Qualifications Based
Selection Act.
| 20 |
| (ff) Security portions of system safety program plans, | 21 |
| investigation
reports, surveys, schedules, lists, data, or | 22 |
| information compiled, collected,
or prepared by or for the | 23 |
| Regional Transportation Authority under Section 2.11
of | 24 |
| the Regional Transportation Authority Act or the St. Clair | 25 |
| County Transit
District under the
Bi-State Transit Safety | 26 |
| Act.
|
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| (gg) Information the disclosure of which is restricted | 2 |
| and
exempted under Section 50 of the Illinois Prepaid | 3 |
| Tuition Act.
| 4 |
| (hh) Information the disclosure of which is
exempted | 5 |
| under the State Officials and Employees Ethics Act.
| 6 |
| (ii) Beginning July 1, 1999, information that would | 7 |
| disclose
or might lead to the disclosure of
secret or | 8 |
| confidential information, codes, algorithms, programs, or | 9 |
| private
keys intended to be used to create electronic or | 10 |
| digital signatures under the
Electronic Commerce Security | 11 |
| Act.
| 12 |
| (jj) Information contained in a local emergency energy | 13 |
| plan submitted to
a municipality in accordance with a local | 14 |
| emergency energy plan ordinance that
is adopted under | 15 |
| Section 11-21.5-5 of the Illinois Municipal Code.
| 16 |
| (kk) Information and data concerning the distribution | 17 |
| of
surcharge moneys collected and remitted by wireless | 18 |
| carriers under the Wireless
Emergency Telephone Safety | 19 |
| Act.
| 20 |
| (ll) Vulnerability assessments, security measures, and | 21 |
| response policies
or plans that are designed to identify, | 22 |
| prevent, or respond to potential
attacks upon a community's | 23 |
| population or systems, facilities, or installations,
the | 24 |
| destruction or contamination of which would constitute a | 25 |
| clear and present
danger to the health or safety of the | 26 |
| community, but only to the extent that
disclosure could |
|
|
|
09500HB0765ham002 |
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LRB095 10271 RLC 36923 a |
|
| 1 |
| reasonably be expected to jeopardize the effectiveness of | 2 |
| the
measures or the safety of the personnel who implement | 3 |
| them or the public.
Information exempt under this item may | 4 |
| include such things as details
pertaining to the | 5 |
| mobilization or deployment of personnel or equipment, to | 6 |
| the
operation of communication systems or protocols, or to | 7 |
| tactical operations.
| 8 |
| (mm) Maps and other records regarding the location or | 9 |
| security of a
utility's generation, transmission, | 10 |
| distribution, storage, gathering,
treatment, or switching | 11 |
| facilities.
| 12 |
| (nn) Law enforcement officer identification | 13 |
| information or
driver
identification
information compiled | 14 |
| by a law enforcement agency or the Department of
| 15 |
| Transportation
under Section 11-212 of the Illinois | 16 |
| Vehicle Code.
| 17 |
| (oo) Records and information provided to a residential
| 18 |
| health care
facility resident sexual assault
and death | 19 |
| review team or the Executive Council under the Abuse | 20 |
| Prevention Review Team Act.
| 21 |
| (pp) Information provided to the predatory lending | 22 |
| database created pursuant to Article 3 of the Residential | 23 |
| Real Property Disclosure Act, except to the extent | 24 |
| authorized under that Article.
| 25 |
| (qq) Defense budgets and petitions for certification | 26 |
| of compensation and expenses for court appointed trial |
|
|
|
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LRB095 10271 RLC 36923 a |
|
| 1 |
| counsel as provided under Sections 10 and 15 of the Capital | 2 |
| Crimes Litigation Act. This subsection (qq) shall apply | 3 |
| until the conclusion of the trial of the case, even if the | 4 |
| prosecution chooses not to pursue the death penalty prior | 5 |
| to trial or sentencing.
| 6 |
| (rr) Records of investigations conducted by the | 7 |
| Illinois Torture Inquiry and Relief Commission.
| 8 |
| (2) This Section does not authorize withholding of | 9 |
| information or limit the
availability of records to the public, | 10 |
| except as stated in this Section or
otherwise provided in this | 11 |
| Act.
| 12 |
| (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | 13 |
| eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | 14 |
| 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | 15 |
| 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | 16 |
| 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | 17 |
| 8-3-06.)
| 18 |
| Section 999. Effective date. This Act takes effect upon | 19 |
| becoming law.".
|
|