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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Rights of Crime Victims and Witnesses Act is | ||||||||||||||||||||||||||
5 | amended by changing Section 4.5 as follows:
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6 | (725 ILCS 120/4.5)
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7 | Sec. 4.5. Procedures to implement the rights of crime | ||||||||||||||||||||||||||
8 | victims. To afford
crime victims their rights, law enforcement, | ||||||||||||||||||||||||||
9 | prosecutors, judges and
corrections will provide information, | ||||||||||||||||||||||||||
10 | as appropriate of the following
procedures:
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11 | (a) At the request of the crime victim, law enforcement | ||||||||||||||||||||||||||
12 | authorities
investigating the case shall provide notice of the | ||||||||||||||||||||||||||
13 | status of the investigation,
except where the State's Attorney | ||||||||||||||||||||||||||
14 | determines that disclosure of such
information would | ||||||||||||||||||||||||||
15 | unreasonably interfere with the investigation, until such
time | ||||||||||||||||||||||||||
16 | as the alleged assailant is apprehended or the investigation is | ||||||||||||||||||||||||||
17 | closed.
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18 | (b) The office of the State's Attorney:
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19 | (1) shall provide notice of the filing of information, | ||||||||||||||||||||||||||
20 | the return of an
indictment by which a prosecution for any | ||||||||||||||||||||||||||
21 | violent crime is commenced, or the
filing of a petition to | ||||||||||||||||||||||||||
22 | adjudicate a minor as a delinquent for a violent
crime;
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23 | (2) shall provide notice of the date, time, and place |
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1 | of trial;
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2 | (3) or victim advocate personnel shall provide | ||||||
3 | information of social
services and financial assistance | ||||||
4 | available for victims of crime, including
information of | ||||||
5 | how to apply for these services and assistance;
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6 | (4) shall assist in having any stolen or other personal | ||||||
7 | property held by
law enforcement authorities for | ||||||
8 | evidentiary or other purposes returned as
expeditiously as | ||||||
9 | possible, pursuant to the procedures set out in Section | ||||||
10 | 115-9
of the Code of Criminal Procedure of 1963;
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11 | (5) or victim advocate personnel shall provide | ||||||
12 | appropriate employer
intercession services to ensure that | ||||||
13 | employers of victims will cooperate with
the criminal | ||||||
14 | justice system in order to minimize an employee's loss of | ||||||
15 | pay and
other benefits resulting from court appearances;
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16 | (6) shall provide information whenever possible, of a | ||||||
17 | secure waiting
area during court proceedings that does not | ||||||
18 | require victims to be in close
proximity to defendant or | ||||||
19 | juveniles accused of a violent crime, and their
families | ||||||
20 | and friends;
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21 | (7) shall provide notice to the crime victim of the | ||||||
22 | right to have a
translator present at all court | ||||||
23 | proceedings;
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24 | (8) in the case of the death of a person, which death | ||||||
25 | occurred in the same
transaction or occurrence in which | ||||||
26 | acts occurred for which a defendant is
charged with an |
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1 | offense, shall notify the spouse, parent, child or sibling | ||||||
2 | of
the decedent of the date of the trial of the person or | ||||||
3 | persons allegedly
responsible for the death;
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4 | (9) shall inform the victim of the right to have | ||||||
5 | present at all court
proceedings, subject to the rules of | ||||||
6 | evidence, an advocate or other support
person of the | ||||||
7 | victim's choice, and the right to retain an attorney, at | ||||||
8 | the
victim's own expense, who, upon written notice filed | ||||||
9 | with the clerk of the
court and State's Attorney, is to | ||||||
10 | receive copies of all notices, motions and
court orders | ||||||
11 | filed thereafter in the case, in the same manner as if the | ||||||
12 | victim
were a named party in the case; and
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13 | (10) at the sentencing hearing shall make a good faith | ||||||
14 | attempt to explain
the minimum amount of time during which | ||||||
15 | the defendant may actually be
physically imprisoned. The | ||||||
16 | Office of the State's Attorney shall further notify
the | ||||||
17 | crime victim of the right to request from the Prisoner | ||||||
18 | Review Board
information concerning the release of the | ||||||
19 | defendant under subparagraph (d)(1)
of this Section; and
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20 | (11) shall request restitution at sentencing and shall | ||||||
21 | consider
restitution in any plea negotiation, as provided | ||||||
22 | by law.
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23 | (c) At the written request of the crime victim, the office | ||||||
24 | of the State's
Attorney shall:
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25 | (1) provide notice a reasonable time in advance of the | ||||||
26 | following court
proceedings: preliminary hearing, any |
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1 | hearing the effect of which may be the
release of defendant | ||||||
2 | from custody, or to alter the conditions of bond and the
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3 | sentencing hearing. The crime victim shall also be notified | ||||||
4 | of the
cancellation of the court proceeding in sufficient | ||||||
5 | time, wherever possible, to
prevent an unnecessary | ||||||
6 | appearance in court;
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7 | (2) provide notice within a reasonable time after | ||||||
8 | receipt of notice from
the custodian, of the release of the | ||||||
9 | defendant on bail or personal recognizance
or the release | ||||||
10 | from detention of a minor who has been detained for a | ||||||
11 | violent
crime;
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12 | (3) explain in nontechnical language the details of any | ||||||
13 | plea or verdict of
a defendant, or any adjudication of a | ||||||
14 | juvenile as a delinquent for a violent
crime;
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15 | (4) where practical, consult with the crime victim | ||||||
16 | before the Office of
the State's Attorney makes an offer of | ||||||
17 | a plea bargain to the defendant or
enters into negotiations | ||||||
18 | with the defendant concerning a possible plea
agreement, | ||||||
19 | and shall consider the written victim impact statement, if | ||||||
20 | prepared
prior to entering into a plea agreement;
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21 | (5) provide notice of the ultimate disposition of the | ||||||
22 | cases arising from
an indictment or an information, or a | ||||||
23 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
24 | a violent crime;
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25 | (6) provide notice of any appeal taken by the defendant | ||||||
26 | and information
on how to contact the appropriate agency |
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1 | handling the appeal;
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2 | (7) provide notice of any request for post-conviction | ||||||
3 | review filed by the
defendant under Article 122 of the Code | ||||||
4 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
5 | place of any hearing concerning the petition. Whenever
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6 | possible, notice of the hearing shall be given in advance;
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7 | (8) forward a copy of any statement presented under | ||||||
8 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
9 | the Board in making its determination
under subsection (b) | ||||||
10 | of Section 3-3-8 of the Unified Code of Corrections.
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11 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
12 | any other
concerned citizen, upon written request, of the | ||||||
13 | prisoner's release on parole,
mandatory supervised release, | ||||||
14 | electronic detention, work release, international transfer or | ||||||
15 | exchange, or by the
custodian of the discharge of any | ||||||
16 | individual who was adjudicated a delinquent
for a violent crime | ||||||
17 | from State custody and by the sheriff of the appropriate
county | ||||||
18 | of any such person's final discharge from county custody.
The | ||||||
19 | Prisoner Review Board, upon written request, shall provide to a | ||||||
20 | victim or
any other concerned citizen a recent photograph of | ||||||
21 | any person convicted of a
felony, upon his or her release from | ||||||
22 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
23 | inform a victim or any other
concerned citizen when feasible at | ||||||
24 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
25 | times and dates of such furlough. Upon written request by
the | ||||||
26 | victim or any other concerned citizen, the State's Attorney |
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1 | shall notify
the person once of the times and dates of release | ||||||
2 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
3 | shall be based on the most recent
information as to victim's or | ||||||
4 | other concerned citizen's residence or other
location | ||||||
5 | available to the notifying authority.
For purposes of this | ||||||
6 | paragraph (1) of subsection (d), "concerned citizen"
includes | ||||||
7 | relatives of the victim, friends of the victim, witnesses to | ||||||
8 | the
crime, or any other person associated with the victim or | ||||||
9 | prisoner.
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10 | (2) When the defendant has been committed to the | ||||||
11 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
12 | any other
provision of the Unified Code of Corrections, the | ||||||
13 | victim may request to be
notified by the releasing | ||||||
14 | authority of the defendant's discharge from State
custody.
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15 | (3) In the event of an escape from State custody, the | ||||||
16 | Department of
Corrections or the Department of Juvenile | ||||||
17 | Justice immediately shall notify the Prisoner Review Board | ||||||
18 | of the escape
and the Prisoner Review Board shall notify | ||||||
19 | the victim. The notification shall
be based upon the most | ||||||
20 | recent information as to the victim's residence or other
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21 | location available to the Board. When no such information | ||||||
22 | is available, the
Board shall make all reasonable efforts | ||||||
23 | to obtain the information and make
the notification. When | ||||||
24 | the escapee is apprehended, the Department of
Corrections | ||||||
25 | or the Department of Juvenile Justice immediately shall | ||||||
26 | notify the Prisoner Review Board and the Board
shall notify |
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1 | the victim.
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2 | (4) The victim of the crime for which the prisoner has | ||||||
3 | been sentenced
shall receive reasonable written notice , by | ||||||
4 | certified mail, not less than 15 days prior to the
parole | ||||||
5 | hearing and may submit, in writing, on film, videotape or | ||||||
6 | other
electronic means or in the form of a recording or in | ||||||
7 | person at the parole
hearing
or if a victim of a violent | ||||||
8 | crime, by calling the
toll-free number established in | ||||||
9 | subsection (f) of this Section, information
for
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10 | consideration by the Prisoner Review Board. The
victim | ||||||
11 | shall be notified within 7 days after the prisoner has been | ||||||
12 | granted
parole and shall be informed of the right to | ||||||
13 | inspect the registry of parole
decisions, established | ||||||
14 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
15 | of Corrections. The provisions of this paragraph (4) are | ||||||
16 | subject to the
Open Parole Hearings Act.
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17 | (5) If a statement is presented under Section 6, the | ||||||
18 | Prisoner Review Board
shall inform the victim of any order | ||||||
19 | of discharge entered by the Board pursuant
to Section 3-3-8 | ||||||
20 | of the Unified Code of Corrections.
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21 | (6) At the written request of the victim of the crime | ||||||
22 | for which the
prisoner was sentenced, the Prisoner Review | ||||||
23 | Board shall notify the victim of
the death of the prisoner | ||||||
24 | if the prisoner died while on parole or mandatory
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25 | supervised release.
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26 | (7) When a defendant who has been committed to the |
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1 | Department of
Corrections, the Department of Juvenile | ||||||
2 | Justice, or the Department of Human Services is released or | ||||||
3 | discharged and
subsequently committed to the Department of | ||||||
4 | Human Services as a sexually
violent person and the victim | ||||||
5 | had requested to be notified by the releasing
authority of | ||||||
6 | the defendant's discharge from State custody, the | ||||||
7 | releasing
authority shall provide to the Department of | ||||||
8 | Human Services such information
that would allow the | ||||||
9 | Department of Human Services to contact the victim.
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10 | (e) The officials named in this Section may satisfy some or | ||||||
11 | all of their
obligations to provide notices and other | ||||||
12 | information through participation in a
statewide victim and | ||||||
13 | witness notification system established by the Attorney
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14 | General under Section 8.5 of this Act.
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15 | (f) To permit a victim of a violent crime to provide | ||||||
16 | information to the
Prisoner Review Board for consideration by | ||||||
17 | the
Board at a parole hearing of a person who committed the | ||||||
18 | crime against
the victim in accordance with clause (d)(4) of | ||||||
19 | this Section or at a proceeding
to determine the conditions of | ||||||
20 | mandatory supervised release of a person
sentenced to a | ||||||
21 | determinate sentence or at a hearing on revocation of mandatory
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22 | supervised release of a person sentenced to a determinate | ||||||
23 | sentence, the Board
shall establish a toll-free number that may | ||||||
24 | be accessed by the victim of
a violent crime to present that | ||||||
25 | information to the Board.
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26 | (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
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1 | Section 10. The Open Parole Hearings Act is amended by | ||||||
2 | changing Section 25 as follows:
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3 | (730 ILCS 105/25) (from Ch. 38, par. 1675)
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4 | Sec. 25. Notification of future parole hearings.
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5 | (a) The Board shall notify the State's Attorney of the | ||||||
6 | committing county
of the pending hearing and the victim by | ||||||
7 | certified mail of all forthcoming parole hearings at
least 15 | ||||||
8 | days in advance. Written notification shall contain:
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9 | (1) notification of the place of the hearing;
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10 | (2) the date and approximate time of the hearing;
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11 | (3) their right to enter a statement, to appear in | ||||||
12 | person, and to
submit other information by video tape, tape | ||||||
13 | recording, or other electronic
means in the form and manner | ||||||
14 | described by the Board
or if a victim of a violent crime as | ||||||
15 | defined in
subsection (c) of Section 3 of the Rights of | ||||||
16 | Crime Victims and Witnesses Act,
by calling the toll-free | ||||||
17 | number established in subsection (f) of that
Section.
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18 | Notification to the victims shall be at the last known | ||||||
19 | address of the
victim. It shall be the responsibility of the | ||||||
20 | victim to notify the board of
any changes in address and name.
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21 | (b) However, at any time the victim may request by a | ||||||
22 | written certified
statement that the Prisoner Review Board stop | ||||||
23 | sending notice under this
Section.
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24 | (c) (Blank).
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1 | (d) No later than 7 days after a parole hearing the Board | ||||||
2 | shall send
notice of its decision to the State's Attorney and | ||||||
3 | victim. If parole is
denied, the Board shall within a | ||||||
4 | reasonable period of time notify the
victim of the month and | ||||||
5 | year of the next scheduled hearing.
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6 | (Source: P.A. 93-235, eff. 7-22-03.)
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