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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 Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing the heading of Article 106B and Section | ||||||
6 | 106B-5 as follows: | ||||||
7 | (725 ILCS 5/Art. 106B heading) | ||||||
8 | Article 106B. Child and Developmentally Disabled Victims of | ||||||
9 | Sexual Abuse
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10 | (725 ILCS 5/106B-5)
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11 | Sec. 106B-5. Testimony by a victim who is a child or a
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12 | moderately, severely, or profoundly mentally retarded person | ||||||
13 | or a person affected by a developmental disability .
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14 | (a) In a proceeding in the prosecution of an offense
of | ||||||
15 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
16 | child,
aggravated criminal sexual assault, criminal
sexual | ||||||
17 | abuse, or aggravated criminal sexual abuse, a court may order | ||||||
18 | that
the testimony of a victim who is a child under
the age of | ||||||
19 | 18 years or a moderately, severely, or profoundly mentally
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20 | retarded person or a person affected by a developmental | ||||||
21 | disability be taken outside
the courtroom and shown in the | ||||||
22 | courtroom by means of a closed
circuit television if:
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1 | (1) the testimony is taken during the proceeding; and
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2 | (2) the judge determines that testimony by the
child | ||||||
3 | victim or the moderately, severely, or profoundly mentally
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4 | retarded victim or victim affected by a developmental | ||||||
5 | disability in the
courtroom will result in the child
or | ||||||
6 | moderately, severely, or profoundly mentally retarded | ||||||
7 | person
or person affected by a developmental disability | ||||||
8 | suffering serious emotional distress
such that the child
or | ||||||
9 | moderately, severely, or profoundly mentally retarded | ||||||
10 | person or person affected by a developmental disability | ||||||
11 | cannot
reasonably communicate or that
the child or | ||||||
12 | moderately, severely, or
profoundly
mentally retarded | ||||||
13 | person or person affected by a developmental disability | ||||||
14 | will
suffer severe emotional distress that is likely to | ||||||
15 | cause the child or
moderately, severely, or profoundly | ||||||
16 | mentally retarded person or person affected by a | ||||||
17 | developmental disability to suffer
severe adverse effects.
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18 | (b) Only the prosecuting attorney, the attorney for the
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19 | defendant, and the judge may question the child or moderately, | ||||||
20 | severely,
or profoundly mentally retarded
person or person | ||||||
21 | affected by a developmental disability .
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22 | (c) The operators of the closed circuit television shall | ||||||
23 | make every
effort to be unobtrusive.
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24 | (d) Only the following persons may be in the room with
the | ||||||
25 | child or moderately, severely, or profoundly mentally retarded | ||||||
26 | person or person affected by a developmental disability
when |
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1 | the child or moderately,
severely, or profoundly mentally | ||||||
2 | retarded
person or person affected by a developmental | ||||||
3 | disability testifies by closed circuit
television:
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4 | (1) the prosecuting attorney;
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5 | (2) the attorney for the defendant;
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6 | (3) the judge;
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7 | (4) the operators of the closed circuit television | ||||||
8 | equipment; and
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9 | (5) any person or persons whose presence, in the | ||||||
10 | opinion of the court,
contributes to the well-being of
the | ||||||
11 | child or moderately, severely, or profoundly mentally | ||||||
12 | retarded
person or person affected by a developmental | ||||||
13 | disability , including a person who has
dealt with the child | ||||||
14 | in a therapeutic setting concerning the abuse, a
parent
or | ||||||
15 | guardian of the child or moderately, severely, or | ||||||
16 | profoundly
mentally retarded
person or person affected by a | ||||||
17 | developmental disability , and court security personnel.
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18 | (e) During the child's or moderately, severely, or | ||||||
19 | profoundly
mentally retarded
person's or person affected by a | ||||||
20 | developmental disability's testimony by closed circuit | ||||||
21 | television, the
defendant shall be in the courtroom and shall | ||||||
22 | not communicate with the jury
if the cause is being heard | ||||||
23 | before a jury.
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24 | (f) The defendant shall be allowed to communicate with
the | ||||||
25 | persons in the room where the child or moderately, severely, or
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26 | profoundly mentally retarded person
or person affected by a |
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1 | developmental disability is testifying by any appropriate | ||||||
2 | electronic method.
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3 | (g) The provisions of this Section do not apply if the | ||||||
4 | defendant
represents himself pro se.
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5 | (h) This Section may not be interpreted to preclude, for | ||||||
6 | purposes of
identification of a defendant, the presence of both | ||||||
7 | the victim and the
defendant in the courtroom at the same time.
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8 | (i) This Section applies to prosecutions pending on or | ||||||
9 | commenced on or after
the effective date of this amendatory Act | ||||||
10 | of 1994.
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11 | (j) For the purposes of this Section, "developmental | ||||||
12 | disability" includes, but is not limited to, cerebral palsy, | ||||||
13 | epilepsy, and autism. | ||||||
14 | (Source: P.A. 92-434, eff. 1-1-02.)
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15 | Section 10. The Rights of Crime Victims and Witnesses Act | ||||||
16 | is amended by changing Sections 4.5 and 5 as follows:
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17 | (725 ILCS 120/4.5)
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18 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
19 | victims. To afford
crime victims their rights, law enforcement, | ||||||
20 | prosecutors, judges and
corrections will provide information, | ||||||
21 | as appropriate of the following
procedures:
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22 | (a) At the request of the crime victim, law enforcement | ||||||
23 | authorities
investigating the case shall provide notice of the | ||||||
24 | status of the investigation,
except where the State's Attorney |
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1 | determines that disclosure of such
information would | ||||||
2 | unreasonably interfere with the investigation, until such
time | ||||||
3 | as the alleged assailant is apprehended or the investigation is | ||||||
4 | closed.
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5 | (b) The office of the State's Attorney:
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6 | (1) shall provide notice of the filing of information, | ||||||
7 | the return of an
indictment by which a prosecution for any | ||||||
8 | violent crime is commenced, or the
filing of a petition to | ||||||
9 | adjudicate a minor as a delinquent for a violent
crime;
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10 | (2) shall provide notice of the date, time, and place | ||||||
11 | of trial;
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12 | (3) or victim advocate personnel shall provide | ||||||
13 | information of social
services and financial assistance | ||||||
14 | available for victims of crime, including
information of | ||||||
15 | how to apply for these services and assistance;
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16 | (4) shall assist in having any stolen or other personal | ||||||
17 | property held by
law enforcement authorities for | ||||||
18 | evidentiary or other purposes returned as
expeditiously as | ||||||
19 | possible, pursuant to the procedures set out in Section | ||||||
20 | 115-9
of the Code of Criminal Procedure of 1963;
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21 | (5) or victim advocate personnel shall provide | ||||||
22 | appropriate employer
intercession services to ensure that | ||||||
23 | employers of victims will cooperate with
the criminal | ||||||
24 | justice system in order to minimize an employee's loss of | ||||||
25 | pay and
other benefits resulting from court appearances;
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26 | (6) shall provide information whenever possible, of a |
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1 | secure waiting
area during court proceedings that does not | ||||||
2 | require victims to be in close
proximity to defendant or | ||||||
3 | juveniles accused of a violent crime, and their
families | ||||||
4 | and friends;
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5 | (7) shall provide notice to the crime victim of the | ||||||
6 | right to have a
translator present at all court proceedings | ||||||
7 | and, in compliance with the federal Americans
with | ||||||
8 | Disabilities Act of 1990, the right to communications | ||||||
9 | access through a
sign language interpreter or by other | ||||||
10 | means ;
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11 | (8) in the case of the death of a person, which death | ||||||
12 | occurred in the same
transaction or occurrence in which | ||||||
13 | acts occurred for which a defendant is
charged with an | ||||||
14 | offense, shall notify the spouse, parent, child or sibling | ||||||
15 | of
the decedent of the date of the trial of the person or | ||||||
16 | persons allegedly
responsible for the death;
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17 | (9) shall inform the victim of the right to have | ||||||
18 | present at all court
proceedings, subject to the rules of | ||||||
19 | evidence, an advocate or other support
person of the | ||||||
20 | victim's choice, and the right to retain an attorney, at | ||||||
21 | the
victim's own expense, who, upon written notice filed | ||||||
22 | with the clerk of the
court and State's Attorney, is to | ||||||
23 | receive copies of all notices, motions and
court orders | ||||||
24 | filed thereafter in the case, in the same manner as if the | ||||||
25 | victim
were a named party in the case; and
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26 | (10) at the sentencing hearing shall make a good faith |
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1 | attempt to explain
the minimum amount of time during which | ||||||
2 | the defendant may actually be
physically imprisoned. The | ||||||
3 | Office of the State's Attorney shall further notify
the | ||||||
4 | crime victim of the right to request from the Prisoner | ||||||
5 | Review Board
information concerning the release of the | ||||||
6 | defendant under subparagraph (d)(1)
of this Section; and
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7 | (11) shall request restitution at sentencing and shall | ||||||
8 | consider
restitution in any plea negotiation, as provided | ||||||
9 | by law.
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10 | (c) At the written request of the crime victim, the office | ||||||
11 | of the State's
Attorney shall:
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12 | (1) provide notice a reasonable time in advance of the | ||||||
13 | following court
proceedings: preliminary hearing, any | ||||||
14 | hearing the effect of which may be the
release of defendant | ||||||
15 | from custody, or to alter the conditions of bond and the
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16 | sentencing hearing. The crime victim shall also be notified | ||||||
17 | of the
cancellation of the court proceeding in sufficient | ||||||
18 | time, wherever possible, to
prevent an unnecessary | ||||||
19 | appearance in court;
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20 | (2) provide notice within a reasonable time after | ||||||
21 | receipt of notice from
the custodian, of the release of the | ||||||
22 | defendant on bail or personal recognizance
or the release | ||||||
23 | from detention of a minor who has been detained for a | ||||||
24 | violent
crime;
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25 | (3) explain in nontechnical language the details of any | ||||||
26 | plea or verdict of
a defendant, or any adjudication of a |
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1 | juvenile as a delinquent for a violent
crime;
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2 | (4) where practical, consult with the crime victim | ||||||
3 | before the Office of
the State's Attorney makes an offer of | ||||||
4 | a plea bargain to the defendant or
enters into negotiations | ||||||
5 | with the defendant concerning a possible plea
agreement, | ||||||
6 | and shall consider the written victim impact statement, if | ||||||
7 | prepared
prior to entering into a plea agreement;
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8 | (5) provide notice of the ultimate disposition of the | ||||||
9 | cases arising from
an indictment or an information, or a | ||||||
10 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
11 | a violent crime;
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12 | (6) provide notice of any appeal taken by the defendant | ||||||
13 | and information
on how to contact the appropriate agency | ||||||
14 | handling the appeal;
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15 | (7) provide notice of any request for post-conviction | ||||||
16 | review filed by the
defendant under Article 122 of the Code | ||||||
17 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
18 | place of any hearing concerning the petition. Whenever
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19 | possible, notice of the hearing shall be given in advance;
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20 | (8) forward a copy of any statement presented under | ||||||
21 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
22 | the Board in making its determination
under subsection (b) | ||||||
23 | of Section 3-3-8 of the Unified Code of Corrections.
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24 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
25 | any other
concerned citizen, upon written request, of the | ||||||
26 | prisoner's release on parole,
mandatory supervised release, |
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1 | electronic detention, work release, international transfer or | ||||||
2 | exchange, or by the
custodian of the discharge of any | ||||||
3 | individual who was adjudicated a delinquent
for a violent crime | ||||||
4 | from State custody and by the sheriff of the appropriate
county | ||||||
5 | of any such person's final discharge from county custody.
The | ||||||
6 | Prisoner Review Board, upon written request, shall provide to a | ||||||
7 | victim or
any other concerned citizen a recent photograph of | ||||||
8 | any person convicted of a
felony, upon his or her release from | ||||||
9 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
10 | inform a victim or any other
concerned citizen when feasible at | ||||||
11 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
12 | times and dates of such furlough. Upon written request by
the | ||||||
13 | victim or any other concerned citizen, the State's Attorney | ||||||
14 | shall notify
the person once of the times and dates of release | ||||||
15 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
16 | shall be based on the most recent
information as to victim's or | ||||||
17 | other concerned citizen's residence or other
location | ||||||
18 | available to the notifying authority.
For purposes of this | ||||||
19 | paragraph (1) of subsection (d), "concerned citizen"
includes | ||||||
20 | relatives of the victim, friends of the victim, witnesses to | ||||||
21 | the
crime, or any other person associated with the victim or | ||||||
22 | prisoner.
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23 | (2) When the defendant has been committed to the | ||||||
24 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
25 | any other
provision of the Unified Code of Corrections, the | ||||||
26 | victim may request to be
notified by the releasing |
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1 | authority of the defendant's discharge from State
custody.
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2 | (3) In the event of an escape from State custody, the | ||||||
3 | Department of
Corrections or the Department of Juvenile | ||||||
4 | Justice immediately shall notify the Prisoner Review Board | ||||||
5 | of the escape
and the Prisoner Review Board shall notify | ||||||
6 | the victim. The notification shall
be based upon the most | ||||||
7 | recent information as to the victim's residence or other
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8 | location available to the Board. When no such information | ||||||
9 | is available, the
Board shall make all reasonable efforts | ||||||
10 | to obtain the information and make
the notification. When | ||||||
11 | the escapee is apprehended, the Department of
Corrections | ||||||
12 | or the Department of Juvenile Justice immediately shall | ||||||
13 | notify the Prisoner Review Board and the Board
shall notify | ||||||
14 | the victim.
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15 | (4) The victim of the crime for which the prisoner has | ||||||
16 | been sentenced
shall receive reasonable written notice not | ||||||
17 | less than 15 days prior to the
parole hearing and may | ||||||
18 | submit, in writing, on film, videotape or other
electronic | ||||||
19 | means or in the form of a recording or in person at the | ||||||
20 | parole
hearing
or if a victim of a violent crime, by | ||||||
21 | calling the
toll-free number established in subsection (f) | ||||||
22 | of this Section, information
for
consideration by the | ||||||
23 | Prisoner Review Board. The
victim shall be notified within | ||||||
24 | 7 days after the prisoner has been granted
parole and shall | ||||||
25 | be informed of the right to inspect the registry of parole
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26 | decisions, established under subsection (g) of Section |
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1 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
2 | this paragraph (4) are subject to the
Open Parole Hearings | ||||||
3 | Act.
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4 | (5) If a statement is presented under Section 6, the | ||||||
5 | Prisoner Review Board
shall inform the victim of any order | ||||||
6 | of discharge entered by the Board pursuant
to Section 3-3-8 | ||||||
7 | of the Unified Code of Corrections.
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8 | (6) At the written request of the victim of the crime | ||||||
9 | for which the
prisoner was sentenced, the Prisoner Review | ||||||
10 | Board shall notify the victim of
the death of the prisoner | ||||||
11 | if the prisoner died while on parole or mandatory
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12 | supervised release.
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13 | (7) When a defendant who has been committed to the | ||||||
14 | Department of
Corrections, the Department of Juvenile | ||||||
15 | Justice, or the Department of Human Services is released or | ||||||
16 | discharged and
subsequently committed to the Department of | ||||||
17 | Human Services as a sexually
violent person and the victim | ||||||
18 | had requested to be notified by the releasing
authority of | ||||||
19 | the defendant's discharge from State custody, the | ||||||
20 | releasing
authority shall provide to the Department of | ||||||
21 | Human Services such information
that would allow the | ||||||
22 | Department of Human Services to contact the victim.
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23 | (e) The officials named in this Section may satisfy some or | ||||||
24 | all of their
obligations to provide notices and other | ||||||
25 | information through participation in a
statewide victim and | ||||||
26 | witness notification system established by the Attorney
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1 | General under Section 8.5 of this Act.
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2 | (f) To permit a victim of a violent crime to provide | ||||||
3 | information to the
Prisoner Review Board for consideration by | ||||||
4 | the
Board at a parole hearing of a person who committed the | ||||||
5 | crime against
the victim in accordance with clause (d)(4) of | ||||||
6 | this Section or at a proceeding
to determine the conditions of | ||||||
7 | mandatory supervised release of a person
sentenced to a | ||||||
8 | determinate sentence or at a hearing on revocation of mandatory
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9 | supervised release of a person sentenced to a determinate | ||||||
10 | sentence, the Board
shall establish a toll-free number that may | ||||||
11 | be accessed by the victim of
a violent crime to present that | ||||||
12 | information to the Board.
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13 | (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
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14 | (725 ILCS 120/5) (from Ch. 38, par. 1405)
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15 | Sec. 5. Rights of Witnesses.
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16 | (a) Witnesses as defined in subsection (b) of
Section 3 of | ||||||
17 | this Act shall have the following rights:
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18 | (1) to be notified by the Office of the State's | ||||||
19 | Attorney of all court
proceedings at which the witness' | ||||||
20 | presence is required in a reasonable
amount of time prior | ||||||
21 | to the proceeding, and to be notified of the
cancellation | ||||||
22 | of any scheduled court proceeding in sufficient time to
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23 | prevent an unnecessary appearance in court, where | ||||||
24 | possible;
| ||||||
25 | (2) to be provided with appropriate employer |
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1 | intercession services by
the Office of the State's Attorney | ||||||
2 | or the victim advocate personnel to
ensure
that employers | ||||||
3 | of witnesses will cooperate with the criminal justice | ||||||
4 | system
in order to minimize an employee's loss of pay and | ||||||
5 | other benefits resulting
from court appearances;
| ||||||
6 | (3) to be provided, whenever possible, a secure waiting | ||||||
7 | area during
court proceedings that does not require | ||||||
8 | witnesses to be in close proximity
to defendants and their | ||||||
9 | families and friends;
| ||||||
10 | (4) to be provided with notice by the Office of the | ||||||
11 | State's Attorney,
where necessary, of the right to have a | ||||||
12 | translator
present whenever the witness' presence is | ||||||
13 | required and, in compliance with the federal Americans
with | ||||||
14 | Disabilities Act of 1990, to be provided with notice of the | ||||||
15 | right to communications access through a
sign language | ||||||
16 | interpreter or by other means .
| ||||||
17 | (b) At the written request of the witness, the witness | ||||||
18 | shall:
| ||||||
19 | (1) receive notice from the office of the State's | ||||||
20 | Attorney of any request
for post-conviction review filed by | ||||||
21 | the defendant under Article 122 of the Code
of Criminal | ||||||
22 | Procedure of 1963, and of the date, time, and place of any | ||||||
23 | hearing
concerning the petition for post-conviction | ||||||
24 | review; whenever possible, notice
of the hearing on the | ||||||
25 | petition shall be given in advance;
| ||||||
26 | (2) receive notice by the releasing authority of the |
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1 | defendant's discharge
from State custody if the defendant | ||||||
2 | was committed to the Department of Human Services under | ||||||
3 | Section 5-2-4 or any other
provision of the Unified Code of | ||||||
4 | Corrections;
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5 | (3) receive notice from the Prisoner Review Board of | ||||||
6 | the prisoner's escape
from State custody, after the Board | ||||||
7 | has been notified of the escape by the
Department of | ||||||
8 | Corrections or the Department of Juvenile Justice;
when the | ||||||
9 | escapee is apprehended, the Department of Corrections or | ||||||
10 | the Department of Juvenile Justice shall
immediately | ||||||
11 | notify the Prisoner Review Board and the Board shall notify | ||||||
12 | the
witness;
| ||||||
13 | (4) receive notice from the Prisoner Review Board of | ||||||
14 | the prisoner's
release on parole, electronic detention, | ||||||
15 | work release or mandatory supervised
release and of the | ||||||
16 | prisoner's final
discharge from parole, electronic | ||||||
17 | detention, work release, or mandatory
supervised release.
| ||||||
18 | (Source: P.A. 94-696, eff. 6-1-06 .)
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19 | Section 15. The Criminal Proceeding Interpreter Act is | ||||||
20 | amended by adding Section 4 as follows: | ||||||
21 | (725 ILCS 140/4 new) | ||||||
22 | Sec. 4. Victims and witnesses; sign language interpreters. | ||||||
23 | The right to a qualified court-appointed sign language | ||||||
24 | interpreter as provided in this Act shall be afforded to |
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| |||||||
1 | persons with disabilities who are victims of, or are called as | ||||||
2 | witnesses in proceedings relating to, a violation of any penal | ||||||
3 | statute of this State.
|