Full Text of HB2613 102nd General Assembly
HB2613 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2613 Introduced 2/19/2021, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| 775 ILCS 40/20 | | 775 ILCS 40/25 | | 775 ILCS 40/45 | |
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Amends the Illinois Torture Inquiry and Relief Commission Act. Adds 2 members to the Illinois Torture Inquiry and Relief Commission who shall be members of a law enforcement organization representing law enforcement officers in a county of more than 3,000,000 inhabitants. Provides that the terms of the new members shall begin on January 1, 2023. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 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 10 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 | | (7) Two shall be members of a law enforcement | 21 | | organization representing law enforcement officers in a | 22 | | county of a more than 3,000,000 inhabitants. | 23 | | The members of the Commission shall be appointed by the |
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| 1 | | Governor, with the advice and consent of the Senate. Members | 2 | | may be re-appointed for additional terms, as provided for | 3 | | under Section 25. | 4 | | (a-1) The Governor shall also appoint
alternate Commission | 5 | | members for the Commission members he or
she has appointed to | 6 | | serve in the event of scheduling
conflicts, conflicts of | 7 | | interest, disability, or other
disqualification arising in a | 8 | | particular case. Where an alternate member is called upon to | 9 | | serve in a particular place, the alternate member shall vote | 10 | | in the place of, and otherwise exercise the same powers as, the | 11 | | member which he or she is replacing. The alternate
member | 12 | | shall have the same qualifications for appointment as
the | 13 | | original member. In making the appointments, the Governor | 14 | | shall make a good faith effort to appoint members
with | 15 | | different perspectives of the justice system. The
Governor | 16 | | shall also consider geographical
location, gender, and racial | 17 | | diversity in making the
appointments.
| 18 | | (b) The retired judge who is appointed as a member under | 19 | | subsection
(a) shall serve as Chair of the Commission. The | 20 | | Commission
shall have its initial meeting no later than one | 21 | | month after the appointment of a quorum of members of the | 22 | | Commission,
at the call of the Chair. The Commission shall | 23 | | meet a minimum
of once every 6 months and may also meet more | 24 | | often at the call
of the Chair. The Commission shall meet at | 25 | | such time and place
as designated by the Chair, in accordance | 26 | | with the provisions of the Open Meetings Act. Notice of the |
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| 1 | | meetings shall be
given at such time and manner as provided by | 2 | | the rules of the
Commission, in accordance with the provisions | 3 | | of the Open Meetings Act. A majority of the voting members | 4 | | shall constitute a
quorum. All Commission votes shall be by | 5 | | majority vote of the voting members appointed.
| 6 | | (Source: P.A. 96-223, eff. 8-10-09.) | 7 | | (775 ILCS 40/25)
| 8 | | Sec. 25. Terms of members; compensation; expenses. | 9 | | (a) Of the initial members, the appointments under clauses | 10 | | (a)(3) and (6) of Section 20 shall be for
one-year terms, the | 11 | | appointments under clauses (a)(1), (2), and (4) , and (7) of | 12 | | Section 20 shall be for 2-year terms, and the
appointments | 13 | | under clause (a)(5) of Section 20 shall be for 3-year terms. | 14 | | Thereafter, all terms
shall be for 3 years. Members of the | 15 | | Commission shall serve no
more than 2 consecutive 3-year terms | 16 | | plus any initial term of
less than 3 years. Unless provided | 17 | | otherwise by this Act, all
terms of members shall begin on | 18 | | January 1 and end on December
31.
| 19 | | Members serving by virtue of elective or appointive | 20 | | office,
may serve only so long as the office holders hold those
| 21 | | respective offices. The Chief Judge of the Cook County Circuit
| 22 | | Court may remove members for good cause shown. Vacancies | 23 | | occurring
before the expiration of a term shall be filled in | 24 | | the manner
provided for the members first appointed.
| 25 | | (b) The Commission members shall receive no salary for
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| 1 | | serving, but may be reimbursed for reasonable expenses | 2 | | incurred as a result of their duties as members of the | 3 | | Commission from funds appropriated by the General Assembly for | 4 | | that purpose, or from funds obtained from sources other than | 5 | | the General Assembly.
| 6 | | (c) The terms of the persons appointed under paragraph (7) | 7 | | of subsection (a) of Section 20 shall begin on January 1, 2023. | 8 | | (Source: P.A. 96-223, eff. 8-10-09.) | 9 | | (775 ILCS 40/45)
| 10 | | Sec. 45. Commission proceedings. | 11 | | (a) At the completion of a formal inquiry, all relevant
| 12 | | evidence shall be presented to the full Commission. As part of
| 13 | | its proceedings, the Commission may conduct hearings.
The | 14 | | determination as to whether to conduct hearings is
solely in | 15 | | the discretion of the Commission. Any hearing
held in | 16 | | accordance with this Section shall be a public hearing and | 17 | | shall be held subject to the
Commission's rules of operation, | 18 | | and
conducted pursuant to the Open Meetings Act. | 19 | | (b) The Director shall use all due diligence to notify the
| 20 | | victim at least 30 days prior to any proceedings of the full
| 21 | | Commission held in regard to the victim's case. The Commission
| 22 | | shall notify the victim that the victim is permitted to attend
| 23 | | proceedings otherwise closed to the public, subject to any
| 24 | | limitations imposed by this Act, and
subject to Section | 25 | | 2(c)(14) of the Open Meetings Act. If the victim plans to |
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| 1 | | attend
proceedings otherwise closed to the public, the victim | 2 | | shall
notify the Commission at least 10 days in advance of the
| 3 | | proceedings of his or her intent to attend. The Commission may | 4 | | close any portion of the
proceedings to the victim, if the | 5 | | victim is to testify and the Commission determines that the | 6 | | victim's testimony would be materially affected if the victim | 7 | | hears other testimony at the proceeding. | 8 | | (c) After hearing the evidence, the full Commission shall
| 9 | | vote to establish further case disposition as provided by this
| 10 | | subsection. All 10 8 voting members of the Commission shall
| 11 | | participate in that vote.
| 12 | | If 7 5 or more of the 10 8 voting members of the Commission
| 13 | | conclude by a preponderance of the evidence that there is | 14 | | sufficient evidence of torture to merit
judicial review, the | 15 | | case shall be referred to the Chief Judge
of the Circuit Court | 16 | | of Cook County by filing with the clerk of
court the opinion of | 17 | | the Commission with supporting findings of
fact, as well as | 18 | | the record in support of such opinion, with
service on the | 19 | | State's Attorney in non-capital cases and
service on both the | 20 | | State's Attorney and Attorney General in
capital cases.
| 21 | | If less than 7 5 of the 10 8 voting members of the | 22 | | Commission
conclude by a preponderance of the evidence that | 23 | | there is sufficient evidence of torture to merit
judicial | 24 | | review, the Commission shall conclude there is
insufficient | 25 | | evidence of torture to merit judicial review. The
Commission | 26 | | shall document that opinion, along with supporting
findings of |
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| 1 | | fact, and file those documents and supporting
materials with | 2 | | the court clerk in the circuit of original
jurisdiction, with | 3 | | a copy to the State's Attorney and the chief
judge.
| 4 | | The Director of the Commission shall use all due diligence
| 5 | | to notify immediately the victim of the Commission's | 6 | | conclusion
in a case. | 7 | | (d) Evidence of criminal acts, professional misconduct, or
| 8 | | other wrongdoing disclosed through formal inquiry or
| 9 | | Commission proceedings shall be referred to the appropriate
| 10 | | authority. Evidence favorable to the convicted person
| 11 | | disclosed through formal inquiry or Commission proceedings
| 12 | | shall be disclosed to the convicted person and the convicted
| 13 | | person's counsel, if the convicted person has counsel. The | 14 | | Commission shall have the discretion to refer its findings | 15 | | together with the supporting record and evidence, to such | 16 | | other parties or entities as the Commission in its discretion | 17 | | shall deem appropriate. | 18 | | (e) All proceedings of the Commission shall be recorded | 19 | | and
transcribed as part of the record. All Commission member | 20 | | votes
shall be recorded in the record. All records of
the | 21 | | Commission shall be confidential until the proceedings before | 22 | | the Commission are concluded and a final decision has been | 23 | | made by the Commission.
| 24 | | (Source: P.A. 96-223, eff. 8-10-09.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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