Bill Status of HB 5908   95th General Assembly

Short Description:  CRIME VICTIMS

House Sponsors
Rep. Ronald A. Wait-Chapin Rose-William B. Black and Edward J. Acevedo

Senate Sponsors
(Sen. William R. Haine)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 120/4.5
725 ILCS 207/5
730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-4from Ch. 38, par. 1003-3-4
730 ILCS 5/3-3-5from Ch. 38, par. 1003-3-5
730 ILCS 5/3-3-8from Ch. 38, par. 1003-3-8

Synopsis As Introduced
Amends the Rights of Crime Victims and Witnesses Act. Provides that the victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 (rather than 15) days prior to the parole hearing. Provides that if a victim or concerned citizen has registered an objection to parole of an inmate, the victim or concerned citizen may receive a copy of the most recent written submissions that the inmate filed in requesting parole. Amends the Sexually Violent Persons Commitment Act. Includes in the definition of sexually violent offense, first degree murder, if it is determined by the agency with jurisdiction that a sexually violent offense was committed during the same course of criminal conduct as the first degree murder and that relevant and reliable evidence shows that the sexually violent offense was committed by the inmate or by a person for whom the inmate was legally accountable if the inmate aided, encouraged, or abetted the sexually violent offense for the inmate's own personal sexual gratification. Amends the Unified Code of Corrections. Changes procedures relating to parole hearings. Effective immediately.

House Amendment No. 1
Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

House Amendment No. 2
Provides that if the Prisoner Review Board makes a preliminary determination that parole be allowed to an inmate sentenced before February 1, 1978, the victims, concerned citizens, and the State's Attorney shall be notified and advised within 3 days thereafter of their right to address the full Prisoner Review Board with any opposition to parole at a hearing which shall be held no sooner than 28 days after the preliminary determination. Provides that at this hearing, the victims, concerned citizens and the State's Attorney may also suggest and request certain conditions of parole. Provides that a written request may also be made through the State's Attorney's Office or directly to the Prisoner Review Board. Provides that subsequent to the hearing, if the Board grants the inmate parole, all registered victims, concerned citizens, and the State's Attorney shall be notified. Provides that the actual release of the inmate shall not take place until these notifications are made. A copy of the parole order including all conditions and terms of parole shall be served upon all victims, concerned citizens and the State's Attorney within 7 days of the Board's order granting the inmate parole. Provides that if the Prisoner Review Board makes a preliminary determination that parole be allowed to an inmate sentenced before February 1, 1978, the full Prisoner Review Board shall listen to opposition presented by the victims, concerned citizens or State's Attorney at a subsequent hearing. Provides that if the inmate is granted parole, the victims, concerned citizens, and the State's Attorney shall be notified. Deletes provision that the Prisoner Review Board shall consider in determining whether a prisoner should be paroled the sentences that the inmate would be eligible for under current sentencing statutes.

House Amendment No. 3
Deletes reference to:
725 ILCS 207/5
730 ILCS 5/3-3-8
Adds reference to:
725 ILCS 120/3from Ch. 38, par. 1403
730 ILCS 5/3-5-1from Ch. 38, par. 1003-5-1

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Amends the Rights of Crime Victims and Witnesses Act and the Unified Code of Corrections. Eliminates provisions that the Prisoner Review Board shall make a preliminary determination that parole may be allowed. Provides for 3 step procedure relating to parole hearings. Provides that every parole hearing process shall be commenced by the person seeking parole filing a petition with the Prisoner Review Board. Provides that one member of the Board shall interview the person seeking parole at the penal institution where the person is confined and may receive additional testimony from the person seeking parole's attorney, family, and other persons in support of the Board granting parole. Provides thereafter that the Board shall conduct the State's Attorney's portion of the parole hearing within the county where the person seeking parole was prosecuted unless requested otherwise by the State's Attorney. At the hearing, a State's Attorney's Office representative and all victims or concerned citizens may address the Board. Provides that after the State's Attorney's portion of the parole hearing, the Board shall give all parties 15 days notice of an en banc hearing before the Board. Such hearing may be continued by the Board only if the parties are given 10 days notice of the continuance. Provides that one Board member shall make a comprehensive presentation of the person seeking parole's case to the Board. Provides that the person seeking parole's attorney and one representative of the person seeking parole may address the Board. Provides that a representative of the Office of the State's Attorney and one representative of the victims and concerned citizens may address the Board and request conditions of parole should the Board vote to parole the person seeking parole. Provides that the Board shall then deliberate and vote on parole. Deletes the amendatory changes to the Sexually Violent Persons Commitment Act. Effective immediately.

House Amendment No. 4
Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Actions 
DateChamber Action
  2/15/2008HouseFiled with the Clerk by Rep. Chapin Rose
  2/15/2008HouseFirst Reading
  2/15/2008HouseReferred to Rules Committee
  3/3/2008HouseAssigned to Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseHouse Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-001-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/1/2008HouseSecond Reading - Short Debate
  4/1/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2008HouseAdded Chief Co-Sponsor Rep. William B. Black
  4/3/2008HouseRecalled to Second Reading - Short Debate
  4/3/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/15/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. Chapin Rose
  4/15/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  4/16/2008HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
  4/16/2008HouseChief Sponsor Changed to Rep. Ronald A. Wait
  4/16/2008HouseAdded Chief Co-Sponsor Rep. Chapin Rose
  4/16/2008HouseHouse Amendment No. 3 Adopted by Voice Vote
  4/16/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/28/2008HouseHouse Amendment No. 4 Filed with Clerk by Rep. Chapin Rose
  4/28/2008HouseHouse Amendment No. 4 Referred to Rules Committee
  4/30/2008HouseHouse Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  4/30/2008HouseRecalled to Second Reading - Short Debate
  4/30/2008HouseHouse Amendment No. 4 Adopted by Voice Vote
  4/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/1/2008HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  5/8/2008HouseThird Reading - Short Debate - Passed 109-000-000
  5/8/2008SenateArrive in Senate
  5/8/2008SenatePlaced on Calendar Order of First Reading
  5/8/2008SenateChief Senate Sponsor Sen. William R. Haine
  5/8/2008SenateFirst Reading
  5/8/2008SenateReferred to Rules
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die

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