Public Act 099-0688

SB0392 Enrolled LRB099 03120 AWJ 23128 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Torture Inquiry and Relief

Commission Act is amended by changing Sections 5, 35, and 70 as

follows:

(775 ILCS 40/5)

Sec. 5. Definitions. As used in this Act:

(1) "Claim of torture" means a claim on behalf of a living

person convicted of a felony in Illinois asserting that he was

tortured into confessing to the crime for which the person was

convicted and the tortured confession was used to obtain the

conviction and for which there is some credible evidence

related to allegations of torture occurring within a county of

more than 3,000,000 inhabitants committed by Commander Jon

Burge or any officer under the supervision of Jon Burge.

(2) "Commission" means the Illinois Torture Inquiry and

Relief Commission established by this Act.

(3) "Convicted person" means the person making a claim of

torture under this Act.

(4) "Director" means the Director of the Illinois Torture

Inquiry and Relief Commission.

(5) "Victim" means the victim of the crime, or if the

victim of the crime is deceased, the next of kin of the victim,

which shall be the parent, spouse, child, or sibling of the

deceased victim.

(Source: P.A. 96-223, eff. 8-10-09.)

(775 ILCS 40/35)

Sec. 35. Duties. The Commission shall have the following

duties and powers:

(1) To establish the criteria and screening process to

be used to determine which cases shall be accepted for

review.

(2) To conduct inquiries into claims of torture with

priority to be given to those cases in which the convicted

person is currently incarcerated solely for the crime to

which he or she claims torture by Jon Burge or officers

under his command, or both.

(3) To coordinate the investigation of cases accepted

for review.

(4) To maintain records for all case investigations.

(5) To prepare written reports outlining Commission

investigations and recommendations to the trial court at

the completion of each inquiry.

(6) To apply for and accept any funds that may become

available for the Commission's work from government

grants, private gifts, donations, or bequests from any

source.

(Source: P.A. 96-223, eff. 8-10-09.)

(775 ILCS 40/70)

Sec. 70. Filing of claims. This Act applies to claims of

torture filed not later than 10 5 years after the effective

date of this Act.

(Source: P.A. 96-223, eff. 8-10-09.)