Illinois Compiled Statutes
775 ILCS 40/5 (2026)
Definitions
✓ current as of May 2026
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(775 ILCS 40/5)
Sec. 5. Definitions. As used in this Act: (1) "Claim 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 to obtain the
conviction and for which there is some credible evidence
related to allegations of torture occurring within a county of more than 3,000,000 inhabitants. (2) "Commission" means the Illinois Torture Inquiry and
Relief Commission established by this Act. (3) "Convicted person" means the person making a claim of torture under this Act. (4) "Director" means the Director of the Illinois Torture
Inquiry and Relief Commission. (5) "Victim" means the victim of the crime, or if the
victim of the crime is deceased, the next of kin of the victim, which shall be the parent, spouse, child, or sibling of the deceased victim.
(Source: P.A. 99-688, eff. 7-29-16.) Notes of Decisions
Cited in 11
cases (6 in the last 5 years), 2016–2025 · leading case: People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022).
People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). “See 775 ILCS 40/5(1) (West 2018) (defining “ ‘Claim of torture’ ” to mean “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. Wilson, 2019 IL App (1st) 181486 (Ill. App. Ct. 2020). “” 775 ILCS 40/5 (West 2010). In June 2010, a federal jury convicted Burge of perjury and obstruction of justice for falsely denying that he tortured A.”
People v. Muhammad, 2025 IL 130470 (Ill. 2025). “In its “jurisdictional analysis” section, the Commission cited the statutory definition of “claim of torture” (775 ILCS 40/5(1) (West 2014)) and its administrative rule defining “tortured confession” (20 Ill.”
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/5(1) (West 2010). The Act applies to claims of torture filed not later than August 10, 2014—five years after the effective date of the Act.”
People v. Fair, 2024 IL 128373 (Ill. 2024). “375 (2017) (formal inquiry includes whether the allegations involve officers formerly under Burge’s supervision); SSA Report, supra, at 3; see also 775 ILCS 40/5(1)) (West 2018) (defining claim of torture).”
People v. Muhammad, 2023 IL App (1st) 220372 (Ill. App. Ct. 2023). “” Milan argues that the circuit court properly terminated the proceedings without an evidentiary hearing because the undisputed facts demonstrated that Muhammad could not establish he was “tortured into confessing to the crime” as the Act required (775 ILCS 40/5(1) (West 2020)),…”
People v. Reed, 2025 IL 130595 (Ill. 2025). “¶¶ 62, 79 (citing 775 ILCS 40/5(1) (West 2018)). - 22 - ¶ 92 Applying Fair, petitioner here argues that the modifier “for which [the petitioner] was incarcerated,” as provided in subsections (b) and (h) of the COI statute, should follow the word “offenses” wherever it appears…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/5 (West 2012). The Torture Act further states that the TIRC shall have the following power and duty: "To 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…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/5 (West 2012). The Torture Act further states that the TIRC shall have the following power and duty: "To 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…”
People v. Allen, 2016 IL App (1st) 142125 (Ill. App. Ct. 2016). “) 775 ILCS 40/5(1) (West 2012). ¶ 15 The Act’s rather extraordinary naming of a specific living person is strongly probative of a specific legislative intent.”
People v. Murry, 2025 IL App (1st) 232338 (Ill. App. Ct. 2025). “775 ILCS 40/5 (West 2016) (as amended by Public Act 99-688 (eff.”
— 775 ILCS 40/5(1) — 10 cases
People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). “See 775 ILCS 40/5(1) (West 2018) (defining “ ‘Claim of torture’ ” to mean “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. Muhammad, 2025 IL 130470 (Ill. 2025). “In its “jurisdictional analysis” section, the Commission cited the statutory definition of “claim of torture” (775 ILCS 40/5(1) (West 2014)) and its administrative rule defining “tortured confession” (20 Ill.”
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/5(1) (West 2010). The Act applies to claims of torture filed not later than August 10, 2014—five years after the effective date of the Act.”
People v. Fair, 2024 IL 128373 (Ill. 2024). “375 (2017) (formal inquiry includes whether the allegations involve officers formerly under Burge’s supervision); SSA Report, supra, at 3; see also 775 ILCS 40/5(1)) (West 2018) (defining claim of torture).”
People v. Muhammad, 2023 IL App (1st) 220372 (Ill. App. Ct. 2023). “” Milan argues that the circuit court properly terminated the proceedings without an evidentiary hearing because the undisputed facts demonstrated that Muhammad could not establish he was “tortured into confessing to the crime” as the Act required (775 ILCS 40/5(1) (West 2020)),…”
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