§ 50 — Post-commission judicial review

Illinois § 50

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 775: HUMAN RIGHTS
• Act 775 ILCS 40/: Illinois Torture Inquiry and Relief Commission Act.

Text

(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 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.

Legislative History

(Source: P.A. 101-652, eff. 1-1-23 .)