Bill Status of HB 3584   101st General Assembly

Short Description:  VICTIM STATEMENTS-DISCOVERY

House Sponsors
Rep. Kambium Buckner-Tim Butler-Frances Ann Hurley-Grant Wehrli, Elizabeth Hernandez, Natalie A. Manley, Patrick Windhorst and John M. Cabello

Senate Sponsors
(Sen. Scott M. Bennett and William E. Brady-Jason Plummer)


Last Action  View All Actions

DateChamber Action
  8/9/2019HousePublic Act . . . . . . . . . 101-0288

Statutes Amended In Order of Appearance
725 ILCS 120/4.5
725 ILCS 120/6from Ch. 38, par. 1406
730 ILCS 5/3-3-4from Ch. 38, par. 1003-3-4
730 ILCS 5/3-3-13from Ch. 38, par. 1003-3-13
730 ILCS 105/35from Ch. 38, par. 1685

Synopsis As Introduced
Amends the Rights of Crime Victims and Witnesses Act. Provides that the crime victim has the right to register with the Prisoner Review Board's victim registry. Provides that the crime victim has the right to submit a victim impact statement to the Board for consideration at hearings as provided in the Open Parole Hearings Act or at an executive clemency hearing. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Amends the Open Parole Hearings Act. Provides that unless otherwise provides, the Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person that contains any information from the victim who has provided a victim impact statement to the Board, unless provided with a waiver from the victim. Provides that the Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Makes conforming changes in the Unified Code of Corrections.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that victim impact statements received by the Prisoner Review Board shall be confidential and privileged (rather than confidential and not discoverable in litigation). Provides that the written report of the Board's recommendations to the Governor shall be privileged (rather than not discoverable in litigation). Makes conforming changes.

Senate Committee Amendment No. 1
Deletes reference to:
730 ILCS 105/35
Adds reference to:
730 ILCS 5/3-3-1from Ch. 38, par. 1003-3-1
730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-9from Ch. 38, par. 1003-3-9
730 ILCS 5/5-4.5-115
730 ILCS 5/5-4.5-20
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
730 ILCS 105/10from Ch. 38, par. 1660
730 ILCS 105/25from Ch. 38, par. 1675
730 ILCS 105/35 rep.

Provides that the victim of the crime for which the prisoner has been sentenced has the right to register with the Prisoner Review Board's victim registry. Provides that victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the parole hearing or target aftercare release date. The victim has the right to submit a victim statement for consideration by the Prisoner Review Board or the Department of Juvenile Justice in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing or target aftercare release date, or in person at the parole hearing or aftercare release protest hearing, or by calling the toll-free number established by the Board. Provides that victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of the amendatory Act, except if the statement was an oral statement made by the victim at a hearing open to the public. Provides that the Board shall receive and consider victim statements. Provides that the written report to the Governor by the Board following an executive clemency hearing shall be confidential and privileged, including any reports made prior to the effective date of the amendatory Act. Makes technical changes in the Unified Code of Corrections concerning cross references to provisions concerning parole review of persons under the age of 21 at the time of the commission of an offense. Repeals a provision of the Open Parole Hearings Act concerning victim impact statements.

Actions 
DateChamber Action
  2/15/2019HouseFiled with the Clerk by Rep. Justin Slaughter
  2/15/2019HouseFirst Reading
  2/15/2019HouseReferred to Rules Committee
  3/5/2019HouseAssigned to Judiciary - Criminal Committee
  3/14/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
  3/14/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/19/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/19/2019HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/19/2019HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 019-000-000
  3/21/2019HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2019HouseSecond Reading - Short Debate
  3/26/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2019HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Justin Slaughter
  4/9/2019HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/11/2019HouseChief Sponsor Changed to Rep. Kambium Buckner
  4/11/2019HouseThird Reading - Short Debate - Passed 111-000-000
  4/11/2019HouseAdded Chief Co-Sponsor Rep. Tim Butler
  4/11/2019HouseAdded Chief Co-Sponsor Rep. Frances Ann Hurley
  4/11/2019HouseAdded Chief Co-Sponsor Rep. Grant Wehrli
  4/12/2019SenateArrive in Senate
  4/12/2019SenatePlaced on Calendar Order of First Reading
  4/12/2019SenateChief Senate Sponsor Sen. Scott M. Bennett
  4/12/2019SenateFirst Reading
  4/12/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Criminal Law
  5/1/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Scott M. Bennett
  5/1/2019SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/2/2019SenatePostponed - Criminal Law
  5/2/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/7/2019SenateSenate Committee Amendment No. 1 Adopted
  5/8/2019SenateDo Pass as Amended Criminal Law; 010-000-000
  5/8/2019SenatePlaced on Calendar Order of 2nd Reading May 9, 2019
  5/9/2019SenateAdded as Alternate Co-Sponsor Sen. William E. Brady
  5/15/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Jason Plummer
  5/16/2019SenateSecond Reading
  5/16/2019SenatePlaced on Calendar Order of 3rd Reading May 17, 2019
  5/21/2019SenateThird Reading - Passed; 055-000-000
  5/21/2019HouseArrived in House
  5/21/2019HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/23/2019HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Kambium Buckner
  5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  5/24/2019HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  5/24/2019HouseAdded Co-Sponsor Rep. Natalie A. Manley
  5/24/2019HouseAdded Co-Sponsor Rep. Patrick Windhorst
  5/24/2019HouseAdded Co-Sponsor Rep. John M. Cabello
  5/30/2019HouseSenate Committee Amendment No. 1 House Concurs 115-000-000
  5/30/2019HouseHouse Concurs
  5/30/2019HousePassed Both Houses
  6/28/2019HouseSent to the Governor
  8/9/2019HouseGovernor Approved
  8/9/2019HouseEffective Date January 1, 2020
  8/9/2019HousePublic Act . . . . . . . . . 101-0288

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