Full Text of SB1533 101st General Assembly
SB1533eng 101ST GENERAL ASSEMBLY |
| | SB1533 Engrossed | | LRB101 08393 LNS 53463 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 20, 25, and 45 | 6 | | as follows: | 7 | | (775 ILCS 40/20)
| 8 | | Sec. 20. Membership; chair; meetings; quorum. | 9 | | (a) The Commission shall consist of 8 voting members as
| 10 | | follows: | 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 | 21 | | Governor, with the advice and consent of the Senate. Members | 22 | | may be re-appointed for additional terms, as provided for under | 23 | | Section 25. |
| | | SB1533 Engrossed | - 2 - | LRB101 08393 LNS 53463 b |
|
| 1 | | (a-1) The Governor shall also appoint
alternate Commission | 2 | | members for the Commission members he or
she has appointed to | 3 | | serve in the event of scheduling
conflicts, conflicts of | 4 | | interest, disability, or other
disqualification arising in a | 5 | | particular case. Where an alternate member is called upon to | 6 | | serve in a particular place, the alternate member shall vote in | 7 | | the place of, and otherwise exercise the same powers as, the | 8 | | member which he or she is replacing. The alternate
member shall | 9 | | have the same qualifications for appointment as
the original | 10 | | member. In making the appointments, the Governor shall make a | 11 | | good faith effort to appoint members
with different | 12 | | perspectives of the justice system. The
Governor shall also | 13 | | consider geographical
location, gender, and racial diversity | 14 | | in making the
appointments.
| 15 | | (b) The retired judge who is appointed as a member under | 16 | | subsection
(a) shall serve as Chair of the Commission. The | 17 | | Commission
shall have its initial meeting no later than one | 18 | | month after the appointment of a quorum of members of the | 19 | | Commission,
at the call of the Chair. The Commission shall meet | 20 | | a minimum
of once every 6 months and may also meet more often | 21 | | at the call
of the Chair. The Commission shall meet at such | 22 | | time and place
as designated by the Chair, in accordance with | 23 | | the provisions of the Open Meetings Act. Notice of the meetings | 24 | | shall be
given at such time and manner as provided by the rules | 25 | | of the
Commission, in accordance with the provisions of the | 26 | | Open Meetings Act. A majority of the Commission voting members |
| | | SB1533 Engrossed | - 3 - | LRB101 08393 LNS 53463 b |
|
| 1 | | currently appointed shall constitute a
quorum. A vacancy in the | 2 | | membership of the Commission shall not impair the right of a | 3 | | quorum to perform all of the duties of the Commission. Except | 4 | | votes under subsection (c) of Section 45, all All Commission | 5 | | votes shall be by majority vote of the voting members | 6 | | appointed.
| 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 | 12 | | appointments under clauses (a)(1), (2), and (4) of Section 20 | 13 | | shall be for 2-year terms, and the
appointments under clause | 14 | | (a)(5) of Section 20 shall be for 3-year terms. Thereafter, to | 15 | | achieve staggered terms, all terms
shall be for 3 years. | 16 | | Members of the Commission shall serve no
more than 2 | 17 | | consecutive 3-year terms plus any initial term of
less than 3 | 18 | | years. Unless provided otherwise by this Act, all
terms of | 19 | | members shall begin on January 1 and end on December
31.
| 20 | | Members serving by virtue of elective or appointive office,
| 21 | | may serve only so long as the office holders hold those
| 22 | | respective offices. The Chief Judge of the Cook County Circuit
| 23 | | Court may remove members for good cause shown. Vacancies | 24 | | occurring
before the expiration of a term shall be filled by | 25 | | gubernatorial appointment for the remainder of the unexpired |
| | | SB1533 Engrossed | - 4 - | LRB101 08393 LNS 53463 b |
|
| 1 | | term with the advice and consent of the Senate in the manner
| 2 | | provided for the members first appointed .
| 3 | | (b) The Commission members shall receive no salary for
| 4 | | serving, but may be reimbursed for reasonable expenses incurred | 5 | | as a result of their duties as members of the Commission from | 6 | | funds appropriated by the General Assembly for that purpose, or | 7 | | from funds obtained from sources other than the General | 8 | | Assembly.
| 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
| 13 | | evidence shall be presented to the full Commission. As part of
| 14 | | its proceedings, the Commission may conduct hearings.
The | 15 | | determination as to whether to conduct hearings is
solely in | 16 | | the discretion of the Commission. Any hearing
held in | 17 | | accordance with this Section shall be a public hearing and | 18 | | shall be held subject to the
Commission's rules of operation, | 19 | | and
conducted pursuant to the Open Meetings Act. | 20 | | (b) The Director shall use all due diligence to notify the
| 21 | | victim at least 30 days prior to any proceedings of the full
| 22 | | Commission held in regard to the victim's case. The Commission
| 23 | | shall notify the victim that the victim is permitted to attend
| 24 | | proceedings otherwise closed to the public, subject to any
| 25 | | limitations imposed by this Act, and
subject to Section |
| | | SB1533 Engrossed | - 5 - | LRB101 08393 LNS 53463 b |
|
| 1 | | 2(c)(14) of the Open Meetings Act. If the victim plans to | 2 | | attend
proceedings otherwise closed to the public, the victim | 3 | | shall
notify the Commission at least 10 days in advance of the
| 4 | | proceedings of his or her intent to attend. The Commission may | 5 | | close any portion of the
proceedings to the victim, if the | 6 | | victim is to testify and the Commission determines that the | 7 | | victim's testimony would be materially affected if the victim | 8 | | hears other testimony at the proceeding. | 9 | | (c) After hearing the evidence, the full Commission shall
| 10 | | vote to establish further case disposition as provided by this
| 11 | | subsection. All 8 voting members of the Commission shall
| 12 | | participate in that vote.
| 13 | | If 5 or more of the 8 voting members of the Commission
| 14 | | conclude by a preponderance of the evidence that there is | 15 | | sufficient evidence of torture to merit
judicial review, the | 16 | | case shall be referred to the Chief Judge
of the Circuit Court | 17 | | of Cook County by filing with the clerk of
court the opinion of | 18 | | the Commission with supporting findings of
fact, as well as the | 19 | | record in support of such opinion, with
service on the State's | 20 | | Attorney in non-capital cases and
service on both the State's | 21 | | Attorney and Attorney General in
capital cases.
| 22 | | If 4 or more less than 5 of the 8 voting members of the | 23 | | Commission
conclude by a preponderance of the evidence that | 24 | | there is insufficient sufficient evidence of torture to merit
| 25 | | judicial review, the Commission shall conclude there is
| 26 | | insufficient evidence of torture to merit judicial review. The
|
| | | SB1533 Engrossed | - 6 - | LRB101 08393 LNS 53463 b |
|
| 1 | | Commission shall document that opinion, along with supporting
| 2 | | findings of fact, and file those documents and supporting
| 3 | | materials with the court clerk in the circuit of original
| 4 | | jurisdiction, with a copy to the State's Attorney and the chief
| 5 | | judge.
| 6 | | If a vote results in neither a minimum of 5 votes finding | 7 | | sufficient evidence of torture to merit judicial review, nor a | 8 | | minimum of 4 votes finding insufficient evidence of torture to | 9 | | merit judicial review, the claim shall be postponed for future | 10 | | reconsideration. | 11 | | The Director of the Commission shall use all due diligence
| 12 | | to notify immediately the victim of the Commission's conclusion
| 13 | | in a case. | 14 | | (d) Evidence of criminal acts, professional misconduct, or
| 15 | | other wrongdoing disclosed through formal inquiry or
| 16 | | Commission proceedings shall be referred to the appropriate
| 17 | | authority. Evidence favorable to the convicted person
| 18 | | disclosed through formal inquiry or Commission proceedings
| 19 | | shall be disclosed to the convicted person and the convicted
| 20 | | person's counsel, if the convicted person has counsel. The | 21 | | Commission shall have the discretion to refer its findings | 22 | | together with the supporting record and evidence, to such other | 23 | | parties or entities as the Commission in its discretion shall | 24 | | deem appropriate. | 25 | | (e) All proceedings of the Commission shall be recorded and
| 26 | | transcribed as part of the record. All Commission member votes
|
| | | SB1533 Engrossed | - 7 - | LRB101 08393 LNS 53463 b |
|
| 1 | | shall be recorded in the record. All records of
the Commission | 2 | | shall be confidential until the proceedings before the | 3 | | Commission are concluded and a final decision has been made by | 4 | | the Commission.
| 5 | | (Source: P.A. 96-223, eff. 8-10-09.)
|
|