Bill Text: IL HB2613 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2613 Detail]
Download: Illinois-2021-HB2613-Introduced.html
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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Torture Inquiry and Relief | |||||||||||||||||||||||
5 | Commission Act is amended by changing Sections 20, 25, and 45 | |||||||||||||||||||||||
6 | as follows:
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7 | (775 ILCS 40/20)
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8 | Sec. 20. Membership; chair; meetings; quorum. | |||||||||||||||||||||||
9 | (a) The Commission shall consist of 10 8 voting members as
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10 | follows: | |||||||||||||||||||||||
11 | (1) One shall be a retired Circuit Court Judge.
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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
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15 | defense law. | |||||||||||||||||||||||
16 | (5) Three shall be members of the public who are not
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17 | attorneys and who are not officers or employees of the
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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.
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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.
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6 | (Source: P.A. 96-223, eff. 8-10-09.)
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7 | (775 ILCS 40/25)
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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.
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19 | Members serving by virtue of elective or appointive | ||||||
20 | office,
may serve only so long as the office holders hold those
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21 | respective offices. The Chief Judge of the Cook County Circuit
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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.
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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.
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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.)
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9 | (775 ILCS 40/45)
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10 | Sec. 45. Commission proceedings. | ||||||
11 | (a) At the completion of a formal inquiry, all relevant
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12 | evidence shall be presented to the full Commission. As part of
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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
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20 | victim at least 30 days prior to any proceedings of the full
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21 | Commission held in regard to the victim's case. The Commission
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22 | shall notify the victim that the victim is permitted to attend
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23 | proceedings otherwise closed to the public, subject to any
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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
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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
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9 | vote to establish further case disposition as provided by this
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10 | subsection. All 10 8 voting members of the Commission shall
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11 | participate in that vote.
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12 | If 7 5 or more of the 10 8 voting members of the Commission
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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.
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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.
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4 | The Director of the Commission shall use all due diligence
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5 | to notify immediately the victim of the Commission's | ||||||
6 | conclusion
in a case. | ||||||
7 | (d) Evidence of criminal acts, professional misconduct, or
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8 | other wrongdoing disclosed through formal inquiry or
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9 | Commission proceedings shall be referred to the appropriate
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10 | authority. Evidence favorable to the convicted person
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11 | disclosed through formal inquiry or Commission proceedings
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12 | shall be disclosed to the convicted person and the convicted
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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.
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24 | (Source: P.A. 96-223, eff. 8-10-09.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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