Bill Amendment: IL SB1813 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TORTURE INQUIRY & RELIEF COMMN

Status: 2015-10-10 - Senate Floor Amendment No. 3 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1813 Detail]

Download: Illinois-2015-SB1813-Senate_Amendment_003.html

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Sen. Iris Y. Martinez

Filed: 4/16/2015

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AMENDMENT TO SENATE BILL 1813
AMENDMENT NO. ______. Amend Senate Bill 1813 by replacing
everything after the enacting clause with the following:
"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 investigated by a municipal
police department serving a population in excess of 1,000,000
persons committed by Commander Jon Burge or any officer under

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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.

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(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.)".