Bill Text: IL SB1276 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Torture Inquiry and Relief Commission Act. In the definition of "claim of torture": provides that it also means a third party was tortured into implicating a person for the crime for which the person was convicted; provides that it also means a witness statement was used to obtain the conviction; and removes language providing that the allegations of torture occur within a county of more than 3,000,000 inhabitants. Defines "torture" as: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; any pain or suffering that is intentionally inflicted on a person for such purposes as obtaining from that person a confession or information about a third party; any pain or suffering that is intentionally inflicted on a person for purposes of punishing a suspected act by that person; or any intimidation or coercion for any reason based on discrimination of any kind. Requires the Torture Inquiry and Relief Commission to determine the resources necessary to assess the credibility or lack thereof of each claim within 2 years after the date upon the claim was received, and to make a report of its findings to the Governor and the General Assembly. Repeals a provision providing that the Act applies to claims of torture filed not later than 10 years after the effective date of the Act (August 10, 2009). Makes conforming changes.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2023-03-15 - Added as Co-Sponsor Sen. Rachel Ventura [SB1276 Detail]

Download: Illinois-2023-SB1276-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1276 Introduced 2/3/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
775 ILCS 40/5
775 ILCS 40/25
775 ILCS 40/40
775 ILCS 40/45
775 ILCS 40/50
775 ILCS 40/75 new
775 ILCS 40/70 rep.
Amends the Illinois Torture Inquiry and Relief Commission Act. In the definition of "claim of torture": provides that it also means a third party was tortured into implicating a person for the crime for which the person was convicted; provides that it also means a witness statement was used to obtain the conviction; and removes language providing that the allegations of torture occur within a county of more than 3,000,000 inhabitants. Defines "torture" as: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; any pain or suffering that is intentionally inflicted on a person for such purposes as obtaining from that person a confession or information about a third party; any pain or suffering that is intentionally inflicted on a person for purposes of punishing a suspected act by that person; or any intimidation or coercion for any reason based on discrimination of any kind. Requires the Torture Inquiry and Relief Commission to determine the resources necessary to assess the credibility or lack thereof of each claim within 2 years after the date upon the claim was received, and to make a report of its findings to the Governor and the General Assembly. Repeals a provision providing that the Act applies to claims of torture filed not later than 10 years after the effective date of the Act (August 10, 2009). Makes conforming changes.
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A BILL FOR
SB1276 LRB103 26040 LNS 52395 b
AN ACT concerning human rights.
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, 25, 40, 45,
and 50 and by adding Section 75 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 or
she was tortured into confessing to the crime or a third party
was tortured into implicating him or her for the crime for
which the person was convicted and the tortured confession or
witness statement 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.
(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.

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(4.5) "Torture" means:
(i) Any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a
person.
(ii) Any pain or suffering that is intentionally
inflicted on a person for such purposes as obtaining from
that person a confession or information about a third
party.
(iii) Any pain or suffering that is intentionally
inflicted on a person for purposes of punishing a
suspected act by that person.
(iv) Any intimidation or coercion for any reason based
on discrimination of any kind.
(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. 99-688, eff. 7-29-16.)
(775 ILCS 40/25)
Sec. 25. Terms of members; compensation; expenses.
(a) Of the initial members, the appointments under clauses
(a)(3) and (6) of Section 20 shall be for one-year terms, the
appointments under clauses (a)(1), (2), and (4) of Section 20
shall be for 2-year terms, and the appointments under clause
(a)(5) of Section 20 shall be for 3-year terms. Thereafter,

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all terms shall be for 3 years. Members of the Commission shall
serve no more than 2 consecutive 3-year terms plus any initial
term of less than 3 years. Unless provided otherwise by this
Act, all terms of members shall begin on January 1 and end on
December 31.
Members serving by virtue of elective or appointive
office, may serve only so long as the office holders hold those
respective offices. The Chief Judge of the original
jurisdiction Cook County Circuit Court may remove members for
good cause shown. Vacancies occurring before the expiration of
a term shall be filled in the manner provided for the members
first appointed.
(b) The Commission members shall receive no salary for
serving, but may be reimbursed for reasonable expenses
incurred as a result of their duties as members of the
Commission from funds appropriated by the General Assembly for
that purpose, or from funds obtained from sources other than
the General Assembly.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/40)
Sec. 40. Claims of torture; waiver of convicted person's
procedural safeguards and privileges; formal inquiry;
notification of the crime victim.
(a) A claim of torture may be referred to the Commission by
any court, person, or agency. The Commission shall not

SB1276 - 4 - LRB103 26040 LNS 52395 b
consider a claim of torture if the convicted person is
deceased. The determination of whether to grant a formal
inquiry regarding any other claim of torture is in the
discretion of the Commission. The Commission may informally
screen and dismiss a case summarily at its discretion.
(b) No formal inquiry into a claim of torture shall be made
by the Commission unless the Director or the Director's
designee first obtains a signed agreement from the convicted
person in which the convicted person waives his or her
procedural safeguards and privileges including but not limited
to the right against self-incrimination under the United
States Constitution and the Constitution of the State of
Illinois, agrees to cooperate with the Commission, and agrees
to provide full disclosure regarding inquiry requirements of
the Commission. The waiver under this subsection does not
apply to matters unrelated to a convicted person's claim of
torture. The convicted person shall have the right to advice
of counsel prior to the execution of the agreement and, if a
formal inquiry is granted, throughout the formal inquiry. If
counsel represents the convicted person, then the convicted
person's counsel must be present at the signing of the
agreement. If counsel does not represent the convicted person,
the Commission Chair shall determine the convicted person's
indigency status and, if appropriate, enter an order for the
appointment of counsel for the purpose of advising on the
agreement.

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(c) If a formal inquiry regarding a claim of torture is
granted, the Director shall use all due diligence to notify
the victim in the case and explain the inquiry process. The
Commission shall give the victim notice that the victim has
the right to present his or her views and concerns throughout
the Commission's investigation.
(d) The Commission may use any measure provided in the
Code of Civil Procedure and the Code of Criminal Procedure of
1963 to obtain information necessary to its inquiry. The
Commission may also do any of the following: issue subpoenas
or other process to compel the attendance of witnesses and the
production of evidence, administer oaths, petition the Circuit
Court of Cook County or of the original jurisdiction for
enforcement of process or for other relief, and prescribe its
own rules of procedure. All challenges with regard to the
Commission's authority or the Commission's access to evidence
shall be heard by the Circuit Court of the original
jurisdiction of Cook County, including any in camera review.
(e) While performing duties for the Commission, the
Director or the Director's designee may serve subpoenas or
other process issued by the Commission throughout the State in
the same manner and with the same effect as an officer
authorized to serve process under the laws of this State.
(f) All State discovery and disclosure statutes in effect
at the time of formal inquiry shall be enforceable as if the
convicted person were currently being tried for the charge for

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which the convicted person is claiming torture.
(g) If, at any point during an inquiry, the convicted
person refuses to comply with requests of the Commission or is
otherwise deemed to be uncooperative by the Commission, the
Commission shall discontinue the inquiry.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/45)
Sec. 45. Commission proceedings.
(a) At the completion of a formal inquiry, all relevant
evidence shall be presented to the full Commission. As part of
its proceedings, the Commission may conduct hearings. The
determination as to whether to conduct hearings is solely in
the discretion of the Commission. Any hearing held in
accordance with this Section shall be a public hearing and
shall be held subject to the Commission's rules of operation,
and conducted pursuant to the Open Meetings Act.
(b) The Director shall use all due diligence to notify the
victim at least 30 days prior to any proceedings of the full
Commission held in regard to the victim's case. The Commission
shall notify the victim that the victim is permitted to attend
proceedings otherwise closed to the public, subject to any
limitations imposed by this Act, and subject to Section
2(c)(14) of the Open Meetings Act. If the victim plans to
attend proceedings otherwise closed to the public, the victim
shall notify the Commission at least 10 days in advance of the

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proceedings of his or her intent to attend. The Commission may
close any portion of the proceedings to the victim, if the
victim is to testify and the Commission determines that the
victim's testimony would be materially affected if the victim
hears other testimony at the proceeding.
(c) After hearing the evidence, the full Commission shall
vote to establish further case disposition as provided by this
subsection. All 8 voting members of the Commission shall
participate in that vote.
If 5 or more of the 8 voting members of the Commission
conclude by a preponderance of the evidence that there is
sufficient evidence of torture to merit judicial review, the
case shall be referred to the Chief Judge of the original
jurisdiction Circuit Court of Cook County by filing with the
clerk of court the opinion of the Commission with supporting
findings of fact, as well as the record in support of such
opinion, with service on the State's Attorney in non-capital
cases and service on both the State's Attorney and Attorney
General in capital cases.
If less than 5 of the 8 voting members of the Commission
conclude by a preponderance of the evidence that there is
sufficient evidence of torture to merit judicial review, the
Commission shall conclude there is insufficient evidence of
torture to merit judicial review. The Commission shall
document that opinion, along with supporting findings of fact,
and file those documents and supporting materials with the

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court clerk in the circuit of original jurisdiction, with a
copy to the State's Attorney and the chief judge.
The Director of the Commission shall use all due diligence
to notify immediately the victim of the Commission's
conclusion in a case.
(d) Evidence of criminal acts, professional misconduct, or
other wrongdoing disclosed through formal inquiry or
Commission proceedings shall be referred to the appropriate
authority. Evidence favorable to the convicted person
disclosed through formal inquiry or Commission proceedings
shall be disclosed to the convicted person and the convicted
person's counsel, if the convicted person has counsel. The
Commission shall have the discretion to refer its findings
together with the supporting record and evidence, to such
other parties or entities as the Commission in its discretion
shall deem appropriate.
(e) All proceedings of the Commission shall be recorded
and transcribed as part of the record. All Commission member
votes shall be recorded in the record. All records of the
Commission shall be confidential until the proceedings before
the Commission are concluded and a final decision has been
made by the Commission.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/50)
Sec. 50. Post-commission judicial review.

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(a) If the Commission concludes there is sufficient
evidence of torture to merit judicial review, the Chair of the
Commission shall request the Chief Judge of the original
jurisdiction Circuit Court of Cook County for assignment to a
trial judge for consideration. The court may receive proof by
affidavits, depositions, oral testimony, or other evidence. In
its discretion the court may order the petitioner brought
before the court for the hearing. Notwithstanding the status
of any other postconviction proceedings relating to the
petitioner, if the court finds in favor of the petitioner, it
shall enter an appropriate order with respect to the judgment
or sentence in the former proceedings and such supplementary
orders as to rearraignment, retrial, custody, pretrial release
or discharge, or for such relief as may be granted under a
petition for a certificate of innocence, as may be necessary
and proper.
(b) The State's Attorney, or the State's Attorney's
designee, shall represent the State at the hearing before the
assigned judge.
(Source: P.A. 101-652, eff. 1-1-23.)
(775 ILCS 40/75 new)
Sec. 75. Processing of claims.
(a) No later than one year after the effective date of this
amendatory Act of the 103rd General Assembly, the Commission
shall determine the resources necessary to assess the

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credibility or lack thereof of each claim within 2 years after
the date upon the claim was received, and shall make a report
of its findings to the Governor and the General Assembly.
(b) This Section is repealed 2 years after the effective
date of this amendatory Act of the 103rd General Assembly.
(775 ILCS 40/70 rep.)
Section 10. The Illinois Torture Inquiry and Relief
Commission Act is amended by repealing Section 70.