Arthur Turner
Arthur Turner
Kwame Y. Raoul
Kwame Y. Raoul

The Senate champion of a bill that expands a state commission’s ability to investigate police torture cases beyond those linked to disgraced Chicago police commander Jon Burge said today he expects the governor to sign the bill.

Sen. Kwame Y. Raoul’s comments came a day after House lawmakers passed SB 392, which expands the scope of the Illinois Torture Inquiry and Relief Commission.

The South Side Democrat said he has not received any signal from Republican Gov. Bruce Rauner, but he noted the bill passed both chambers with bipartisan, veto-proof majorities.

“On the issue of criminal justice and law enforcement reform, we’ve been pretty much on the same page,” Raoul said.

Rauner spokeswoman Catherine Kelly said the legislation is under review and declined to comment further.

Under the current iteration of the Torture Inquiry and Relief Commission Act, the commission can only investigate claims of torture that were “committed by Commander Jon Burge or any officer under the supervision of Jon Burge.”

The bill would effectively expand the definition to include all police torture claims occurring in Cook County. It also prevents the commission from prioritizing Burge-related torture claims over others.

Under the proposal, the commission would be able to accept new police torture claims under a 10-year window starting when the bill is enacted into law. After that window closes, the commission cannot accept any more claims.

“You have to be naive to believe the acts of physical coercion were limited to cases under the supervision of Jon Burge,” Raoul said.

“And so based on that, and based on the fact that the commission itself was receiving complaints from folks who claimed to be tortured in situations not under the supervision of Jon Burge, we can’t just ignore it.”

It’s unclear how many additional claims the commission would accept if the bill were to become law. According to commission spokesman Mike Theodore, “TIRC has not conducted an estimate as to how many additional claims may be filed should this bill become law.”

Bill supporters, however, said even one allegation of police torture is unacceptable and should be addressed.

“I do not know precisely how many — the fact there were any, you can’t just turn a blind eye to that,” Raoul said.

The commission’s current caseload stands at 209 police torture claims — 79 of which are verified as relating to Burge and his subordinates.

Commission Executive Director Robert F. Olmstead previously said the commission has only two full-time staffers, and that it will take them two to four years to work through those 79 claims.

In fiscal year 2015 — the last time the state enacted a budget — the commission received only $300,000.

Raoul held open the possibility of the commission getting a bump in funding in order to deal with the increased workload. But given lawmakers and the governor’s inability to agree on a budget so far, it’s unlikely that boost will occur this year.

“That’s obviously challenging right now,” Raoul said. “However, I do believe that there’s overlap in the mission of this commission and what folks are doing with regards to innocence projects. There could be creativity in terms of seeking support — and it may be something we do, in fact, visit.”

The commission can refer a case to the Cook County Circuit Court and initiate a new trial if it finds there is enough evidence in a case that torture was used to solicit a false confession.

The commission’s inability to investigate non-Burge police torture claims was thrown into the spotlight following the 1st District Appellate Court’s ruling in People v. Allen, 2016 IL App (1st) 142125.

In a case of first impression, the 1st District found the TIRC Act may only provide relief to people who were allegedly tortured by Burge and his subordinates.

SB 392 was sponsored in the House 392 was led in the House by Rep. Arthur L. Turner, a Chicago Democrat.

“By allowing the commission to examine other allegations of torture in Cook County, we will be able to better protect our communities,” said Laurie Duszynski, Turner’s spokeswoman, in a statement.

“If the commission is able to substantiate any other instances of torture by police, as elected officials we have a responsibility to address these issues immediately and before the statute of limitations expires,” she said.

The bill was supported by the Cook County public defender’s office, the Better Government Association and the Illinois chapter of the National Association of Social Workers.

“We’re certainly supportive of their work, because we’ve discovered over the years allegations not just involving Burge and his subordinates, but also successor detectives that have a reputation for that kind of behavior,” said Stephen W. Baker, the legislative liaison of the Cook County public defender’s office, in an interview.

“We have seen instances of — in our view — legitimate allegations of torture both during and subsequent to the Burge era,” Baker said.

The Illinois State’s Attorneys Association took no position on the bill.