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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4311
Introduced 02/02/04, by Cynthia Soto SYNOPSIS AS INTRODUCED:
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Creates the Immigrant Victim of Crime Reporting Act. Requires the Department
of Human Services to establish a program for investigation of all criminal
complaints made
by victims who are undocumented residents of the United States. Prohibits the
Department from releasing to any other state or federal agency any identifying
information about the victim or his or her family unless the victim provides
written
consent. Requires the Department to investigate the complaint even if the
victim does
not provide written consent for release of identifying information. Directs
the Governor
to petition the appropriate federal agency to obtain legal
immigration status for the victim or any witness necessary to the investigation
or
prosecution of any violent crime or felony offense. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4311 |
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LRB093 18951 RLC 44686 b |
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| AN ACT concerning immigrants.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Immigrant Victim of
Crime
Reporting Act.
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| Section 5. Purpose. The purpose of this Act is to remove |
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| barriers to
investigations of criminal conduct committed |
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| against persons in this State who
are undocumented residents of
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| the United States without jeopardizing the residents' |
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| immigration status.
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| Section 10. Definitions. For the purposes of this Act:
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| "Felony" means an offense for which a sentence to death or |
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| to a term of
imprisonment in a penitentiary for one year or |
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| more is provided;
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| "Victim" means (1) a person physically injured in this |
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| State as a result of
a violent crime perpetrated or attempted |
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| against that person or (2) a person
who
suffers injury to or |
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| loss of property as a result of a violent crime
perpetrated or
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| attempted against that person or (3) a single representative |
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| who may be the
spouse, parent, child or sibling of a person |
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| killed as a result of a violent
crime
perpetrated against the |
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| person killed or the spouse, parent, child or sibling
of any
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| person granted rights under this Act who is physically or |
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| mentally incapable of
exercising such rights, except where the |
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| spouse, parent, child or sibling is
also the
defendant or |
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| prisoner or (4) any person against whom a violent crime has |
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| been
committed or (5) any person who has suffered personal |
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| injury as a result of a
violation of Section 11-501 of the |
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| Illinois Vehicle Code, or of a similar
provision
of a local |
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| ordinance, or of Section 9-3 of the Criminal Code of 1961.
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| "Violent crime" means any felony in which force or threat |
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HB4311 |
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LRB093 18951 RLC 44686 b |
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| of force was
used against the victim, or any offense involving |
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| sexual exploitation, sexual
conduct or sexual penetration, |
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| domestic battery, violation of an order of
protection, |
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| stalking, or any misdemeanor which results in death or great |
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| bodily
harm to the victim or any violation of Section 9-3 of |
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| the Criminal Code of
1961,
or Section 11-501 of the Illinois |
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| Vehicle Code, or a similar provision of a
local
ordinance, if |
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| the violation resulted in personal injury or death, and |
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| includes
any
action committed by a juvenile that would be a |
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| violent crime if committed by an
adult. For the purposes of |
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| this Act, "personal injury" shall include
shall
include |
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| severely bleeding wounds, distorted extremities, injuries that |
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| require
immediate medical attention, and injuries that require |
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| the injured party to be
carried from the scene;
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| Section 20. Immigrant crime victim reporting program. The |
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| Department of
Human Services shall establish a program for the |
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| investigation of crimes
committed
against victims in this State |
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| who are undocumented residents of the United
States. The
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| Department shall have the duty and authority to investigate all |
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| criminal
complaints made
by victims who are undocumented |
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| residents of the United States and shall not
release to
any |
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| other State or federal agency any identifying information about |
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| the victim
or his or
her family unless the victim signs a |
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| written document allowing this release of
information. Even if |
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| the victim does not sign this release, the Department has
the
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| obligation to investigate the victim's complaint.
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| Section 25. Petition by Governor. In cases where the legal |
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| immigration
status is
necessary for the investigation or |
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| prosecution of any violent crime or felony
offense,
the |
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| Governor of this State shall petition the appropriate federal |
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| agency to
obtain legal
immigration status for the victim or any |
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| witness necessary to the investigation
or
prosecution.
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| Section 99. Effective date. This Act takes effect upon |