Illinois 2023-2024 Regular Session

Illinois House Bill HB1380 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1380 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act Creates the Wrongful Prosecution Commission Act. Creates the Wrongful Prosecution Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Defines "claim of wrongful prosecution" as a claim by or on behalf of a living person convicted of a crime in a county of more than 3,000,000 inhabitants asserting that the person was falsely incriminated for the crime and there is credible evidence related to allegations of the use of false evidence to obtain the conviction. Defines other terms. Provides that the Commission shall conduct inquiries into claims of wrongful prosecution. Provides that if the Commission concludes there is sufficient evidence of wrongful prosecution to merit judicial review, the Chair of the Commission shall request that the Chief Judge of the Circuit Court of Cook County assign the case to a trial judge for consideration. Provides that the Act applies to claims of wrongful prosecution filed not later than 5 years after the effective date of the Act. Repeals the Act 10 years after the effective date. Effective immediately. LRB103 05877 LNS 50898 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1380 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act New Act Creates the Wrongful Prosecution Commission Act. Creates the Wrongful Prosecution Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Defines "claim of wrongful prosecution" as a claim by or on behalf of a living person convicted of a crime in a county of more than 3,000,000 inhabitants asserting that the person was falsely incriminated for the crime and there is credible evidence related to allegations of the use of false evidence to obtain the conviction. Defines other terms. Provides that the Commission shall conduct inquiries into claims of wrongful prosecution. Provides that if the Commission concludes there is sufficient evidence of wrongful prosecution to merit judicial review, the Chair of the Commission shall request that the Chief Judge of the Circuit Court of Cook County assign the case to a trial judge for consideration. Provides that the Act applies to claims of wrongful prosecution filed not later than 5 years after the effective date of the Act. Repeals the Act 10 years after the effective date. Effective immediately. LRB103 05877 LNS 50898 b LRB103 05877 LNS 50898 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1380 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Wrongful Prosecution Commission Act. Creates the Wrongful Prosecution Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Defines "claim of wrongful prosecution" as a claim by or on behalf of a living person convicted of a crime in a county of more than 3,000,000 inhabitants asserting that the person was falsely incriminated for the crime and there is credible evidence related to allegations of the use of false evidence to obtain the conviction. Defines other terms. Provides that the Commission shall conduct inquiries into claims of wrongful prosecution. Provides that if the Commission concludes there is sufficient evidence of wrongful prosecution to merit judicial review, the Chair of the Commission shall request that the Chief Judge of the Circuit Court of Cook County assign the case to a trial judge for consideration. Provides that the Act applies to claims of wrongful prosecution filed not later than 5 years after the effective date of the Act. Repeals the Act 10 years after the effective date. Effective immediately.
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11	11	1 AN ACT concerning wrongful prosecution.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Wrongful Prosecution Commission Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Claim of wrongful prosecution" means a claim by or on
18	18	8 behalf of a living person convicted of a crime in a county of
19	19	9 more than 3,000,000 inhabitants asserting that the person was
20	20	10 falsely incriminated for the crime and there is credible
21	21	11 evidence related to allegations of the use of false evidence
22	22	12 to obtain the conviction.
23	23	13 "Commission" means the Wrongful Prosecution Commission
24	24	14 established by this Act.
25	25	15 "Convicted person" means the subject of a claim of
26	26	16 wrongful prosecution under this Act.
27	27	17 "Director" means the Director of the Wrongful Prosecution
28	28	18 Commission.
29	29	19 "Victim" means the victim of the crime, or, if the victim
30	30	20 of the crime is deceased, the parent, spouse, child, or
31	31	21 sibling of the deceased victim.
32	32	22 Section 10. Purpose of Act. This Act establishes an
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1380 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	Creates the Wrongful Prosecution Commission Act. Creates the Wrongful Prosecution Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Defines "claim of wrongful prosecution" as a claim by or on behalf of a living person convicted of a crime in a county of more than 3,000,000 inhabitants asserting that the person was falsely incriminated for the crime and there is credible evidence related to allegations of the use of false evidence to obtain the conviction. Defines other terms. Provides that the Commission shall conduct inquiries into claims of wrongful prosecution. Provides that if the Commission concludes there is sufficient evidence of wrongful prosecution to merit judicial review, the Chair of the Commission shall request that the Chief Judge of the Circuit Court of Cook County assign the case to a trial judge for consideration. Provides that the Act applies to claims of wrongful prosecution filed not later than 5 years after the effective date of the Act. Repeals the Act 10 years after the effective date. Effective immediately.
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67	67	1 extraordinary procedure to investigate and determine factual
68	68	2 claims of wrongful prosecution related to allegations of
69	69	3 wrongful prosecution that shall require an individual to
70	70	4 voluntarily waive rights and privileges as described in this
71	71	5 Act.
72	72	6 Section 15. Commission established.
73	73	7 (a) The Wrongful Prosecution Commission is established as
74	74	8 an independent commission under the Illinois Human Rights
75	75	9 Commission for administrative purposes.
76	76	10 (b) The Illinois Human Rights Commission shall provide
77	77	11 administrative support to the Commission as needed. The
78	78	12 Executive Director of the Illinois Human Rights Commission
79	79	13 shall not reduce or modify the budget of the Illinois Human
80	80	14 Rights Commission or use funds appropriated to the Illinois
81	81	15 Human Rights Commission without the approval of the Illinois
82	82	16 Human Rights Commission.
83	83	17 Section 20. Membership; chair; meetings; quorum.
84	84	18 (a) The Commission shall consist of 8 voting members as
85	85	19 follows:
86	86	20 (1) One shall be a retired circuit court judge.
87	87	21 (2) One shall be a former prosecuting attorney.
88	88	22 (3) One shall be a law school professor.
89	89	23 (4) One shall be engaged in the practice of criminal
90	90	24 defense law.
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101	101	1 (5) Three shall be members of the public who are not
102	102	2 attorneys and who are not officers or employees of the
103	103	3 judicial branch.
104	104	4 (6) One shall be a former public defender.
105	105	5 The members of the Commission shall be appointed by the
106	106	6 Governor, with the advice and consent of the Senate. Members
107	107	7 may be reappointed for additional terms, as provided under
108	108	8 Section 25. In making the appointments, the Governor shall
109	109	9 make a good faith effort to appoint members with different
110	110	10 perspectives of the justice system. The Governor shall also
111	111	11 consider geographic location, gender, and racial diversity in
112	112	12 making the appointments.
113	113	13 (b) In the event of scheduling conflicts, conflicts of
114	114	14 interest, disability, or other disqualification arising in a
115	115	15 particular case, the Governor shall appoint alternate
116	116	16 Commission members for the Commission members the Governor has
117	117	17 appointed to serve. If an alternate member is called upon to
118	118	18 serve, the alternate member shall vote in the place of and
119	119	19 otherwise exercise the same powers as the member that the
120	120	20 alternate member is replacing. The alternate member shall have
121	121	21 the same qualifications for appointment as the original
122	122	22 member.
123	123	23 (c) The retired judge who is appointed as a member under
124	124	24 subsection (a) shall serve as Chair of the Commission. The
125	125	25 Commission shall have its initial meeting no later than one
126	126	26 month after the appointment of a quorum of members of the
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137	137	1 Commission, at the call of the Chair. The Commission shall
138	138	2 meet a minimum of once every 6 months and may meet more often
139	139	3 at the call of the Chair. The Commission shall meet at such
140	140	4 time and place as designated by the Chair, in accordance with
141	141	5 the provisions of the Open Meetings Act. Notice of the
142	142	6 meetings shall be given at such time and manner as provided by
143	143	7 the rules of the Commission, in accordance with the provisions
144	144	8 of the Open Meetings Act. A majority of the voting members
145	145	9 shall constitute a quorum. All Commission votes shall be by
146	146	10 majority vote of the voting members appointed.
147	147	11 Section 25. Terms of members; compensation; expenses.
148	148	12 (a) Of the initial members, the appointments under
149	149	13 paragraphs (3) and (6) of subsection (a) of Section 20 shall be
150	150	14 for one-year terms, the appointments under paragraphs (1),
151	151	15 (2), and (4) of subsection (a) of Section 20 shall be for
152	152	16 2-year terms, and the appointments under paragraph (5) of
153	153	17 subsection (a) of Section 20 shall be for 3-year terms.
154	154	18 Thereafter, all terms shall be for 3 years. Members of the
155	155	19 Commission shall serve no more than 2 consecutive 3-year terms
156	156	20 plus any initial term of less than 3 years. Except as otherwise
157	157	21 provided by this Act, all terms of members shall begin on
158	158	22 January 1 and end on December 31.
159	159	23 A member serving by virtue of elective or appointive
160	160	24 office may serve only so long as the member holds the
161	161	25 respective office. The Chief Judge of the Cook County Circuit
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172	172	1 Court may remove members for good cause shown. Vacancies
173	173	2 occurring before the expiration of a term shall be filled in
174	174	3 the manner provided for the members first appointed.
175	175	4 (b) The Commission members shall receive no salary for
176	176	5 serving, but may be reimbursed for reasonable expenses
177	177	6 incurred as a result of their duties as members of the
178	178	7 Commission from funds appropriated by the General Assembly for
179	179	8 that purpose or from funds obtained from sources other than
180	180	9 the General Assembly.
181	181	10 Section 30. Director and other staff. The Commission
182	182	11 shall employ a Director. The Director shall be an attorney
183	183	12 licensed to practice in Illinois at the time of appointment
184	184	13 and at all times during service as Director. The Director
185	185	14 shall assist the Commission in developing rules and standards
186	186	15 for cases accepted for review, coordinate the investigation of
187	187	16 cases accepted for review, maintain records for all case
188	188	17 investigations, prepare reports outlining Commission
189	189	18 investigations and recommendations to the trial court, and
190	190	19 apply for and accept on behalf of the Commission any funds that
191	191	20 may become available from government grants, private gifts,
192	192	21 donations, or bequests from any source.
193	193	22 Subject to the approval of the Chair, the Director shall
194	194	23 employ such other staff and shall contract for services as is
195	195	24 necessary to assist the Commission in the performance of its
196	196	25 duties and as funds permit.
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207	207	1 The Commission may meet in an area provided by the
208	208	2 Illinois Human Rights Commission or any other State agency.
209	209	3 The Illinois Human Rights Commission shall provide, directly
210	210	4 or through any other State agency, office space for the
211	211	5 Commission and the Commission staff.
212	212	6 Section 35. Duties. The Commission shall have the
213	213	7 following duties and powers:
214	214	8 (1) To establish the criteria and screening process to
215	215	9 be used to determine which cases shall be accepted for
216	216	10 review.
217	217	11 (2) To conduct inquiries into claims of wrongful
218	218	12 prosecution.
219	219	13 (3) To coordinate the investigation of cases accepted
220	220	14 for review.
221	221	15 (4) To maintain records for all case investigations.
222	222	16 (5) To prepare written reports outlining Commission
223	223	17 investigations and recommendations to the trial court at
224	224	18 the completion of each inquiry.
225	225	19 (6) To apply for and accept any funds that may become
226	226	20 available for the Commission's work from government
227	227	21 grants, private gifts, donations, or bequests from any
228	228	22 source.
229	229	23 Section 40. Claims of wrongful prosecution; waiver of
230	230	24 convicted person's procedural safeguards and privileges;
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241	241	1 formal inquiry; notification of the crime victim.
242	242	2 (a) A claim of wrongful prosecution may be referred to the
243	243	3 Commission by any court, person, or agency. The Commission
244	244	4 shall not consider a claim of wrongful prosecution if the
245	245	5 convicted person is deceased. The determination of whether to
246	246	6 grant a formal inquiry regarding any other claim of wrongful
247	247	7 prosecution is in the discretion of the Commission. The
248	248	8 Commission may informally screen and dismiss a case summarily
249	249	9 at its discretion.
250	250	10 (b) No formal inquiry into a claim of wrongful prosecution
251	251	11 shall be made by the Commission unless the Director or the
252	252	12 Director's designee first obtains a signed agreement from the
253	253	13 convicted person in which the convicted person waives his or
254	254	14 her procedural safeguards and privileges, including, but not
255	255	15 limited to, the right against self-incrimination under the
256	256	16 United States Constitution and the Constitution of the State
257	257	17 of Illinois, agrees to cooperate with the Commission, and
258	258	18 agrees to provide full disclosure regarding inquiry
259	259	19 requirements of the Commission. The waiver under this
260	260	20 subsection does not apply to matters unrelated to a convicted
261	261	21 person's claim of wrongful prosecution. The convicted person
262	262	22 has the right to advice of counsel prior to the execution of
263	263	23 the agreement and, if a formal inquiry is granted, throughout
264	264	24 the formal inquiry. If counsel represents the convicted
265	265	25 person, then the convicted person's counsel must be present at
266	266	26 the signing of the agreement. If counsel does not represent
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277	277	1 the convicted person, the Commission Chair shall determine the
278	278	2 convicted person's indigency status and, if appropriate, enter
279	279	3 an order for the appointment of counsel for the purpose of
280	280	4 advising on the agreement.
281	281	5 (c) If a formal inquiry regarding a claim of wrongful
282	282	6 prosecution is granted, the Director shall use all due
283	283	7 diligence to notify the victim in the case and explain the
284	284	8 inquiry process. The Commission shall give the victim notice
285	285	9 that the victim has the right to present his or her views and
286	286	10 concerns throughout the Commission's investigation.
287	287	11 (d) The Commission may use any measure provided in the
288	288	12 Code of Civil Procedure and the Code of Criminal Procedure of
289	289	13 1963 to obtain information necessary to its inquiry. The
290	290	14 Commission may also do any of the following: issue subpoenas
291	291	15 or other process to compel the attendance of witnesses and the
292	292	16 production of evidence; administer oaths; petition the Circuit
293	293	17 Court of Cook County or of the original jurisdiction for
294	294	18 enforcement of process or for other relief; and prescribe its
295	295	19 own rules of procedure. All challenges with regard to the
296	296	20 Commission's authority or the Commission's access to evidence,
297	297	21 including any in camera review, shall be heard by the Circuit
298	298	22 Court of Cook County.
299	299	23 (e) While performing duties for the Commission, the
300	300	24 Director or the Director's designee may serve subpoenas or
301	301	25 other process issued by the Commission throughout the State in
302	302	26 the same manner and with the same effect as an officer
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313	313	1 authorized to serve process under the laws of this State.
314	314	2 (f) All State discovery and disclosure statutes in effect
315	315	3 at the time of formal inquiry shall be enforceable as if the
316	316	4 convicted person were currently being tried for the charge for
317	317	5 which the convicted person is claiming wrongful prosecution.
318	318	6 (g) If, at any point during an inquiry, the convicted
319	319	7 person refuses to comply with requests of the Commission or is
320	320	8 otherwise deemed to be uncooperative by the Commission, the
321	321	9 Commission shall discontinue the inquiry.
322	322	10 Section 45. Commission proceedings.
323	323	11 (a) At the completion of a formal inquiry, all relevant
324	324	12 evidence shall be presented to the full Commission. As part of
325	325	13 its proceedings, the Commission may conduct hearings. The
326	326	14 determination whether to conduct hearings is solely in the
327	327	15 discretion of the Commission. Any hearing held in accordance
328	328	16 with this Section shall be a public hearing and shall be held
329	329	17 subject to the Commission's rules of operation and conducted
330	330	18 pursuant to the Open Meetings Act.
331	331	19 (b) The Director shall use all due diligence to notify the
332	332	20 victim at least 30 days prior to any proceedings of the full
333	333	21 Commission held in regard to the victim's case. The Commission
334	334	22 shall notify the victim that the victim is permitted to attend
335	335	23 proceedings otherwise closed to the public, subject to any
336	336	24 limitations imposed by this Act, and subject to paragraph (14)
337	337	25 of subsection (c) of Section 2 of the Open Meetings Act. If the
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348	348	1 victim plans to attend proceedings otherwise closed to the
349	349	2 public, the victim shall notify the Commission at least 10
350	350	3 days in advance of the proceedings of his or her intent to
351	351	4 attend. The Commission may close any portion of the
352	352	5 proceedings to the victim if the victim is to testify and the
353	353	6 Commission determines that the victim's testimony would be
354	354	7 materially affected by the victim hearing other testimony at
355	355	8 the proceeding.
356	356	9 (c) After hearing the evidence, the full Commission shall
357	357	10 vote to establish further case disposition as provided by this
358	358	11 subsection. All 8 voting members of the Commission shall
359	359	12 participate in that vote.
360	360	13 If 5 or more of the 8 voting members of the Commission
361	361	14 conclude by a preponderance of the evidence that there is
362	362	15 sufficient evidence of wrongful prosecution to merit judicial
363	363	16 review, the case shall be referred to the Chief Judge of the
364	364	17 Circuit Court of Cook County by filing with the clerk of court
365	365	18 the opinion of the Commission with supporting findings of
366	366	19 fact, as well as the record in support of the opinion, with
367	367	20 service on the State's Attorney in noncapital cases and
368	368	21 service on both the State's Attorney and Attorney General in
369	369	22 capital cases.
370	370	23 If less than 5 of the 8 voting members of the Commission
371	371	24 conclude by a preponderance of the evidence that there is
372	372	25 sufficient evidence of wrongful prosecution to merit judicial
373	373	26 review, the Commission shall conclude there is insufficient
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384	384	1 evidence of wrongful prosecution to merit judicial review. The
385	385	2 Commission shall document that opinion, along with supporting
386	386	3 findings of fact, and file those documents and supporting
387	387	4 materials with the court clerk in the circuit of original
388	388	5 jurisdiction, with a copy to the State's Attorney and the
389	389	6 chief judge.
390	390	7 The Director of the Commission shall use all due diligence
391	391	8 to immediately notify the victim of the Commission's
392	392	9 conclusion in a case.
393	393	10 (d) Evidence of criminal acts, professional misconduct, or
394	394	11 other wrongdoing disclosed through formal inquiry or
395	395	12 Commission proceedings shall be referred to the appropriate
396	396	13 authority. Evidence favorable to the convicted person
397	397	14 disclosed through formal inquiry or Commission proceedings
398	398	15 shall be disclosed to the convicted person and the convicted
399	399	16 person's counsel, if the convicted person has counsel. The
400	400	17 Commission shall have the discretion to refer its findings,
401	401	18 together with the supporting record and evidence, to such
402	402	19 other parties or entities as the Commission in its discretion
403	403	20 deems appropriate.
404	404	21 (e) All proceedings of the Commission shall be recorded
405	405	22 and transcribed as part of the record. All Commission member
406	406	23 votes shall be recorded in the record. All records of the
407	407	24 Commission shall be confidential until the proceedings before
408	408	25 the Commission are concluded and a final decision is made by
409	409	26 the Commission.
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420	420	1 Section 50. Judicial review.
421	421	2 (a) If the Commission concludes there is sufficient
422	422	3 evidence of wrongful prosecution to merit judicial review, the
423	423	4 Chair of the Commission shall request the Chief Judge of the
424	424	5 Circuit Court of Cook County to assign the case to a trial
425	425	6 judge for consideration. The court may receive proof by
426	426	7 affidavits, depositions, oral testimony, or other evidence. In
427	427	8 its discretion, the court may order the petitioner brought
428	428	9 before the court for the hearing. Notwithstanding the status
429	429	10 of any other postconviction proceedings relating to the
430	430	11 petitioner, if the court finds in favor of the petitioner, it
431	431	12 shall enter an appropriate order with respect to the judgment
432	432	13 or sentence in the former proceedings and such supplementary
433	433	14 orders as to rearraignment, retrial, custody, bail or
434	434	15 discharge, or for such relief as may be granted under a
435	435	16 petition for a certificate of innocence, as may be necessary
436	436	17 and proper.
437	437	18 (b) The State's Attorney or the State's Attorney's
438	438	19 designee shall represent the State at the hearing before the
439	439	20 assigned judge.
440	440	21 Section 55. Further review of decision by Commission;
441	441	22 postconviction relief.
442	442	23 (a) Unless otherwise authorized by this Act, the decision
443	443	24 of the Commission is final and subject to review under the
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454	454	1 Administrative Review Law, and shall be overturned only if the
455	455	2 court finds that the decision is against the manifest weight
456	456	3 of the evidence.
457	457	4 (b) A claim of wrongful prosecution brought before the
458	458	5 Commission shall not adversely affect the convicted person's
459	459	6 right to other postconviction relief.
460	460	7 Section 60. Report. Beginning January 1, 2024, and
461	461	8 annually thereafter, the Wrongful Prosecution Commission shall
462	462	9 report on its activities to the General Assembly and the
463	463	10 Governor. The report may contain recommendations of any needed
464	464	11 legislative changes related to the activities of the
465	465	12 Commission. The report shall recommend the funding needed by
466	466	13 the Commission, the State's Attorneys, and the Illinois State
467	467	14 Police in order to meet their responsibilities under this Act.
468	468	15 Recommendations concerning the State's Attorneys or the
469	469	16 Illinois State Police shall be made only after consultations
470	470	17 with the Illinois State's Attorneys Association, the Illinois
471	471	18 State Police, and the Attorney General.
472	472	19 Section 65. Appointment period. The initial members of the
473	473	20 Wrongful Prosecution Commission shall be appointed not later
474	474	21 than 3 months after the effective date of this Act. No claims
475	475	22 of wrongful prosecution may be filed with the Commission until
476	476	23 a quorum of members has been appointed.
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487	487	1 Section 70. Filing of claims. This Act applies to claims
488	488	2 of wrongful prosecution filed not later than 5 years after the
489	489	3 effective date of this Act.
490	490	4 Section 75. Repeal. This Act is repealed 10 years after
491	491	5 the effective date of this Act.
492	492	6 Section 99. Effective date. This Act takes effect upon
493	493	7 becoming law.
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