Sen. Iris Y. Martinez
Filed: 4/16/2015
 
 


 




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1
AMENDMENT TO SENATE BILL 1813




2 AMENDMENT NO. ______. Amend Senate Bill 1813 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Torture Inquiry and Relief 
5Commission Act is amended by changing Sections 5, 35, and 70 as 
6follows:

7 (775 ILCS 40/5)

8 Sec. 5. Definitions. As used in this Act:
9 (1) "Claim of torture" means a claim on behalf of a living

10person convicted of a felony in Illinois asserting that he was

11tortured into confessing to the crime for which the person was

12convicted and the tortured confession was used to obtain the

13conviction and for which there is some credible evidence

14related to allegations of torture investigated by a municipal 
15police department serving a population in excess of 1,000,000 
16persons committed by Commander Jon
Burge or any officer under 
 
 
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1the supervision of Jon Burge.
2 (2) "Commission" means the Illinois Torture Inquiry and

3Relief Commission established by this Act.
4 (3) "Convicted person" means the person making a claim of 
5torture under this Act.
6 (4) "Director" means the Director of the Illinois Torture

7Inquiry and Relief Commission.
8 (5) "Victim" means the victim of the crime, or if the

9victim of the crime is deceased, the next of kin of the victim, 
10which shall be the parent, spouse, child, or sibling of the 
11deceased victim.

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

13 (775 ILCS 40/35)

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

15duties and powers:

16  (1) To establish the criteria and screening process to

17 be used to determine which cases shall be accepted for

18 review.

19  (2) To conduct inquiries into claims of torture with

20 priority to be given to those cases in which the convicted

21 person is currently incarcerated solely for the crime to

22 which he or she claims torture by Jon Burge or officers

23 under his command, or both.
24  (3) To coordinate the investigation of cases accepted

25 for review.
 
 
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1  (4) To maintain records for all case investigations.
2  (5) To prepare written reports outlining Commission

3 investigations and recommendations to the trial court at

4 the completion of each inquiry.
5  (6) To apply for and accept any funds that may become

6 available for the Commission's work from government

7 grants, private gifts, donations, or bequests from any

8 source.


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

10 (775 ILCS 40/70)

11 Sec. 70. Filing of claims. This Act applies to claims of 
12torture filed not later than 10 5 years after the effective 
13date of this Act.


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