ILCS » Chapter 775 · Act 40
Illinois Compiled Statutes

775 ILCS 40/10 (2026)

Purpose of Act

✓ current as of May 2026
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(775 ILCS 40/10)
    Sec. 10. Purpose of Act. This Act establishes an extraordinary procedure to investigate and determine factual claims of torture related to allegations of torture that shall require an individual to voluntarily waive rights and privileges as described in this Act.
(Source: P.A. 96-223, eff. 8-10-09.)

    
Notes of Decisions
Cited in 15 cases (9 in the last 5 years), 2016–2026 · leading case: People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022).
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People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). · cites it 6× “” See 775 ILCS 40/10 (West 2018) (“This Act establishes an extraordinary procedure to investigate and determine factual claims of torture ***.”
People v. Fair, 2024 IL 128373 (Ill. 2024). · cites it 2× “” 775 ILCS 40/10 (West 2018). In doing so, we conclude that the Act is specifically concerned with torture, not the voluntariness of statements in general.”
People v. Muhammad, 2025 IL 130470 (Ill. 2025). · cites it 3× “¶ 65 (quoting 775 ILCS 40/10 (West 2020)). Last, the appellate court concluded petitioner’s statement to Detective Fidyk qualified as a “ ‘tortured confession’ ” under the Commission’s interpretation of the TIRC Act.”
People v. Muhammad, 2023 IL App (1st) 220372 (Ill. App. Ct. 2023). · cites it 4× “]” 775 ILCS 40/10 (West 2020). An eight-member Commission was established to effectuate this purpose.”
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/10 (West 2010). Under the Act, a “ ‘[c]laim of torture’ means a claim on behalf of a living person convicted of a felony in Illinois asserting that he was tortured into confessing to the crime for which the person was convicted and the tortured confession was used…”
People v. Anderson, 2023 IL App (1st) 200462 (Ill. App. Ct. 2023). · cites it 2× “” 775 ILCS 40/10 (West 2018). The TIRC consists of eight voting members (id.”
People v. Anderson, 2024 IL App (1st) 200462-B (Ill. App. Ct. 2024). · cites it 3× “” 775 ILCS 40/10 (West 2018). Our supreme court has recognized the - 33 - No.”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “Counterproductive, too: the General Assembly did not establish the TIRC because victims of police torture needed a remedy that was harder to secure than what they already had.”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “775 ILCS 40/10 (West 2016). ¶ 137 And sometimes a petitioner—for instance, Whirl—will file a joint petition, under both acts, and the circuit court will hold a combined evidentiary hearing.”
People v. Smith, 2022 IL App (1st) 201256-U (Ill. App. Ct. 2022). “]” 775 ILCS 40/10 (West 2010). To effectuate this purpose, the Act established the TIRC, which is an eight-member body composed of a retired circuit court judge, a former prosecutor, a former public defender, a law school professor, a criminal defense attorney, and three members…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/10 (West 2012). The Torture Act defines "claims of torture" as: "a claim on behalf of a living person convicted of a felony in Illinois asserting that he was tortured into confessing to the crime for which the person was convicted and the tortured confession was…”
People v. Allen, 2016 IL App (1st) 142125 (Ill. App. Ct. 2016). · cites it 2× “775 ILCS 40/10 (West 2012); see also generally People v.”
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