ILCS » Chapter 775 · Act 40
Illinois Compiled Statutes

775 ILCS 40/50 (2026)

Post-commission judicial review

✓ current as of May 2026
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(775 ILCS 40/50)
    Sec. 50. Post-commission judicial review.
    (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.
(Source: P.A. 101-652, eff. 1-1-23.)

    
Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 2016–2025 · leading case: People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016).
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People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). · cites it 5× “” 775 ILCS 40/50(a) (West 2010). The State’s Attorney or the State’s Attorney’s designee shall represent the State at the hearing before the assigned judge.”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). · cites it 4× “" See 775 ILCS 40/50 (West 2014). And the TIRC Act was passed in 2009, well before the 2013 amendment that exempted postconviction hearings from the purview of the Rules.”
People v. Wilson, 2019 IL App (1st) 181486 (Ill. App. Ct. 2020). · cites it 2× “” 775 ILCS 40/50(a) (West 2010). “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…”
People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). · cites it 2× “That is, we do not mean to suggest the circuit court must defer to the TIRC in reaching an ultimate conclusion as to whether any petitioner was, in fact, tortured. Rather, we hold that, upon referral from the TIRC, the circuit court should proceed to hold an evidentiary hearing,…”
People v. Muhammad, 2023 IL App (1st) 220372 (Ill. App. Ct. 2023). · cites it 4× “If at least five of the eight members conclude by a preponderance of the evidence that there is sufficient evidence of torture, the Commission refers the matter to the circuit court for further review.”
People v. Muhammad, 2025 IL 130470 (Ill. 2025). · cites it 2× “See 775 ILCS 40/50 (West 2018) (when the Commission refers the case to the circuit court, “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…”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). · cites it 2× “) 775 ILCS 40/50 (West 2014). We conclude that the legislature intended post-commission judicial review to be understood as a new species of postconviction proceeding.”
People v. Reed, 2025 IL 130595 (Ill. 2025). “) Fair, 2024 IL 128373, ¶ 67 (quoting 775 ILCS 40/50(a) (West 2018)). Because section 50(a) of the Act was silent as to the scope of the words “for consideration,” the Fair court applied the definition of a “claim of torture” from section 5 of the Act to determine what the…”
People v. Smith, 2022 IL App (1st) 201256-U (Ill. App. Ct. 2022). “775 ILCS 40/50 (West 2010). Like in other forms of postconviction proceedings, the Illinois Rules of Evidence do not in apply in cases of TIRC referrals so that defendants may present greater evidence than they could have at trial.”
People v. Allen, 2016 IL App (1st) 142125 (Ill. App. Ct. 2016). “) 775 ILCS 40/50(a) (West 2012). ¶ 12 The gist of the State’s motion to dismiss was simply that the Commission’s case disposition, on its face, did not state that Burge or his subordinates were ever involved with the police investigation of Allen and therefore was not authorized…”
People v. Murry, 2025 IL App (1st) 232338 (Ill. App. Ct. 2025). · cites it 8× “775 ILCS 40/50 (West 2012). The TIRC’s initial referral was dismissed on jurisdictional grounds: petitioner’s claim did not fall within the TIRC’s jurisdiction under the version of the TIRC Act in effect, as the alleged torture was not at the hands of Jon Burge or his…”
— 775 ILCS 40/50(a) — 8 cases
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/50(a) (West 2010). The State’s Attorney or the State’s Attorney’s designee shall represent the State at the hearing before the assigned judge.”
People v. Wilson, 2019 IL App (1st) 181486 (Ill. App. Ct. 2020). “” 775 ILCS 40/50(a) (West 2010). “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…”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “" See 775 ILCS 40/50 (West 2014). And the TIRC Act was passed in 2009, well before the 2013 amendment that exempted postconviction hearings from the purview of the Rules.”
People v. Muhammad, 2025 IL 130470 (Ill. 2025). “See 775 ILCS 40/50 (West 2018) (when the Commission refers the case to the circuit court, “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…”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “) 775 ILCS 40/50 (West 2014). We conclude that the legislature intended post-commission judicial review to be understood as a new species of postconviction proceeding.”
— 775 ILCS 40/50(b) — 2 cases
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/50(a) (West 2010). The State’s Attorney or the State’s Attorney’s designee shall represent the State at the hearing before the assigned judge.”
People v. Muhammad, 2023 IL App (1st) 220372 (Ill. App. Ct. 2023). “If at least five of the eight members conclude by a preponderance of the evidence that there is sufficient evidence of torture, the Commission refers the matter to the circuit court for further review.”
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