Illinois 96th Regular Session Status: Enacted 1 D cosponsors

SB 48 — TORTURE COMMISSION

Last action — Public Act . . . . . . . . . 96-0223

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2009. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    0 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Illinois Torture Inquiry and Relief Commission Act. Creates the Illinois Torture Inquiry and Relief Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Provides that the Commission shall 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 with respect to which he or she claims torture by Jon Burge or officers under his command, or both. Provides that 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 Circuit Court of Cook County for assignment to a trial judge for consideration. Provides that the Act applies to claims of torture filed not later than 5 years after the effective date of the Act. Effective immediately.

Bill Text

What changed in the latest version

14 added · 14 removed

Plain-language change summary

The recent changes to Bill SB 48 involve replacing the "Engrossed" version with the "Enrolled" version, which signifies the final form of the bill ready for the governor's signature. This transition typically means that adjustments have been made to clarify the bill's language or address any concerns raised during previous reviews. This step matters because it shows that the bill is moving forward in the legislative process, potentially becoming law soon, and ensures that all parties are on the same page regarding its content.

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SB0048 Engrossed LRB096 04487 RLC 14539 b AN ACT concerning torture.
SB0048 Enrolled LRB096 04487 RLC 14539 b AN ACT concerning torture.
SB0048 Engrossed - 2 - LRB096 04487 RLC 14539 b Section 10.
SB0048 Enrolled - 2 - LRB096 04487 RLC 14539 b Section 10.
(4) One shall be engaged in the practice of criminal SB0048 Engrossed - 3 - LRB096 04487 RLC 14539 b defense law.
(4) One shall be engaged in the practice of criminal SB0048 Enrolled - 3 - LRB096 04487 RLC 14539 b defense law.
The Commission shall have its initial meeting no later than one SB0048 Engrossed - 4 - LRB096 04487 RLC 14539 b month after the appointment of a quorum of members of the Commission, at the call of the Chair.
The Commission shall have its initial meeting no later than one SB0048 Enrolled - 4 - LRB096 04487 RLC 14539 b month after the appointment of a quorum of members of the Commission, at the call of the Chair.
The Chief Judge of the Cook County Circuit SB0048 Engrossed - 5 - LRB096 04487 RLC 14539 b Court may remove members for good cause shown.
The Chief Judge of the Cook County Circuit SB0048 Enrolled - 5 - LRB096 04487 RLC 14539 b Court may remove members for good cause shown.
SB0048 Engrossed - 6 - LRB096 04487 RLC 14539 b The Commission may meet in an area provided by the Illinois Human Rights Commission, or any other State agency.
SB0048 Enrolled - 6 - LRB096 04487 RLC 14539 b The Commission may meet in an area provided by the Illinois Human Rights Commission, or any other State agency.
waiver of convicted person's SB0048 Engrossed - 7 - LRB096 04487 RLC 14539 b procedural safeguards and privileges;
waiver of convicted person's SB0048 Enrolled - 7 - LRB096 04487 RLC 14539 b procedural safeguards and privileges;
If counsel does not represent the convicted person, the Commission SB0048 Engrossed - 8 - LRB096 04487 RLC 14539 b 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.
If counsel does not represent the convicted person, the Commission SB0048 Enrolled - 8 - LRB096 04487 RLC 14539 b 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.
SB0048 Engrossed - 9 - LRB096 04487 RLC 14539 b (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 which the convicted person is claiming torture.
SB0048 Enrolled - 9 - LRB096 04487 RLC 14539 b (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 which the convicted person is claiming torture.
If the victim plans to attend proceedings otherwise closed to the public, the victim SB0048 Engrossed - 10 - LRB096 04487 RLC 14539 b shall notify the Commission at least 10 days in advance of the proceedings of his or her intent to attend.
If the victim plans to attend proceedings otherwise closed to the public, the victim SB0048 Enrolled - 10 - LRB096 04487 RLC 14539 b shall notify the Commission at least 10 days in advance of the proceedings of his or her intent to attend.
The Commission shall document that opinion, along with supporting findings of fact, and file those documents and supporting materials with the court clerk SB0048 Engrossed - 11 - LRB096 04487 RLC 14539 b in the circuit of original jurisdiction, with a copy to the State's Attorney and the chief judge.
The Commission shall document that opinion, along with supporting findings of fact, and file those documents and supporting materials with the court clerk SB0048 Enrolled - 11 - LRB096 04487 RLC 14539 b in the circuit of original jurisdiction, with a copy to the State's Attorney and the chief judge.
(a) If the Commission concludes there is sufficient evidence of torture to merit judicial review, the Chair of the SB0048 Engrossed - 12 - LRB096 04487 RLC 14539 b Commission shall request the Chief Judge of the Circuit Court of Cook County for assignment to a trial judge for consideration.
(a) If the Commission concludes there is sufficient evidence of torture to merit judicial review, the Chair of the SB0048 Enrolled - 12 - LRB096 04487 RLC 14539 b Commission shall request the Chief Judge of the Circuit Court of Cook County for assignment to a trial judge for consideration.
(b) A claim of torture asserted through the Commission SB0048 Engrossed - 13 - LRB096 04487 RLC 14539 b shall not adversely affect the convicted person's rights to other postconviction relief.
(b) A claim of torture asserted through the Commission SB0048 Enrolled - 13 - LRB096 04487 RLC 14539 b shall not adversely affect the convicted person's rights to other postconviction relief.
This Act takes effect upon SB0048 Engrossed - 14 - LRB096 04487 RLC 14539 b becoming law.
This Act takes effect upon SB0048 Enrolled - 14 - LRB096 04487 RLC 14539 b becoming law.
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Action History

  1. Public Act . . . . . . . . . 96-0223

  2. Effective Date August 10, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  6. Added Alternate Co-Sponsor Rep. Edward J. Acevedo

  7. Added Alternate Co-Sponsor Rep. Luis Arroyo

  8. Added Alternate Co-Sponsor Rep. Maria Antonia Berrios

  9. Added Alternate Co-Sponsor Rep. William Davis

  10. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  11. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  12. Alternate Chief Co-Sponsor Changed to Rep. Annazette Collins

  13. Alternate Chief Co-Sponsor Changed to Rep. Monique D. Davis

  14. Added Alternate Chief Co-Sponsor Rep. Esther Golar

  15. Added Alternate Chief Co-Sponsor Rep. Annazette Collins

  16. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  17. Passed Both Houses

  18. Third Reading - Short Debate - Passed 115-000-000

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 004-000-000

  23. Added Alternate Co-Sponsor Rep. Constance A. Howard

  24. Assigned to Judiciary II - Criminal Law Committee

  25. Referred to Rules Committee

  26. First Reading

  27. Chief House Sponsor Rep. Arthur L. Turner

  28. Placed on Calendar Order of First Reading

  29. Arrived in House

  30. Third Reading - Passed; 052-002-002

  31. Added as Chief Co-Sponsor Sen. James T. Meeks

  32. 3/5 Vote Required

  33. Added as Chief Co-Sponsor Sen. Emil Jones, III

  34. Added as Chief Co-Sponsor Sen. Donne E. Trotter

  35. Placed on Calendar Order of 3rd Reading March 19, 2009

  36. Second Reading

  37. Placed on Calendar Order of 2nd Reading March 17, 2009

  38. Do Pass as Amended Criminal Law; 006-001-000

  39. Senate Committee Amendment No. 1 Adopted

  40. To Criminal Law Subcommittee on Constitutional Review

  41. Senate Committee Amendment No. 1 Assignments Refers to Criminal Law

  42. Senate Committee Amendment No. 1 Referred to Assignments

  43. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul

  44. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  45. Postponed - Criminal Law; Subcommittee on Constitutional Review

  46. Postponed - Criminal Law; Subcommittee on Constitutional Review

  47. To Criminal Law Subcommittee on Constitutional Review

  48. Assigned to Criminal Law

  49. Referred to Assignments

  50. First Reading

  51. Filed with Secretary by Sen. Kwame Raoul

Sponsors

  • Lisa Hernandez · Cosponsor
  • Costa Howard · Cosponsor
  • Kwame Raoul · Cosponsor
  • Kenneth Dunkin · Cosponsor
  • William "Will" Davis · Cosponsor
  • Maria Antonia Berrios · Cosponsor
  • Luis Arroyo · Cosponsor
  • Edward J. Acevedo · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 8 co-sponsors · 175 not signed on

Sponsors (0)

None.

Co-sponsors (8)

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 101002
Democrat 10001
Republican 4000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
Davis, Monique — Yea
McCarthy — Yea
Mell — Yea
Reitz — Yea
Mendoza — Yea
Reis — Yea
Senger — Yea
Sommer — Yea
Lyons — Yea
Soto — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Burke — Yea
Dugan — Yea
Dunkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Jefferson — Yea
Kosel — Yea
Mitchell, Bill — Yea
Madigan — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Moffitt — Yea
Gordon, Jehan — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Phelps — Yea
Poe — Yea
Hannig — Yea
Harris — Yea
Thapedi — Yea
Tryon — Yea
Watson — Yea
Hernandez — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Howard — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Durkin — Not Voting
Golar — Yea
Graham — Yea
Hatcher — Yea
Jackson — Yea
Jakobsson — Yea
Osmond — Yea
Pihos — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 52 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 43204
Republican 0001
Total 52205
% of votes cast 88%3%0%8%
How each member voted (59)
Member Party Vote
Noland — Yea
McCarter — Yea
Demuzio — Yea
Lauzen — Yea
Jacobs — Yea
Link — Yea
Maloney — Not Voting
Meeks — Yea
Munoz — Yea
Jones, J. — Yea
Millner — Nay
Brady — Yea
Sullivan — Yea
Pankau — Nay
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Hutchinson — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Not Voting
Rutherford — Yea
Sandoval — Not Voting
Luechtefeld — Not Voting
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 48 do?
Creates the Illinois Torture Inquiry and Relief Commission Act. Creates the Illinois Torture Inquiry and Relief Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Provides that the Commission shall 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 with respect to which he or she claims torture by Jon Burge or officers under his command, or both. Provides that 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 Circuit Court of Cook County for assignment to a trial judge for consideration. Provides that the Act applies to claims of torture filed not later than 5 years after the effective date of the Act. Effective immediately.
Who sponsors SB 48?
SB 48 is sponsored by Hernandez, Lisa, Costa Howard, Kwame Raoul, Kenneth Dunkin, William "Will" Davis (Democrat), Maria Antonia Berrios, Luis Arroyo, and Edward J. Acevedo.
What is the current status of SB 48?
This bill has been enacted into law. Introduced January 30, 2009. Enacted.
Where can I track SB 48?
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