97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1928
 
Introduced , by Rep. Emily McAsey
 
SYNOPSIS AS INTRODUCED:
 

 





730 ILCS 105/5  from Ch. 38, par. 1655
730 ILCS 105/35  from Ch. 38, par. 1685

     Amends the Open Parole Hearings Act.  Defines "victim" to include any person legally related to the victim by blood, marriage, adoption, or guardianship, or any friend of the victim, or any concerned citizen.  Provides that victim impact statements either oral, written, video-taped, tape recorded or made by other electronic means (rather than only written statements) shall not be considered public
documents under provisions of the Freedom of Information Act.  Effective immediately.
  


LRB097 09096 RLC 49231 b

 
 
A BILL FOR
 

  
HB1928LRB097 09096 RLC 49231 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Open Parole Hearings Act is amended  by 
5changing Sections 5 and 35 as follows:
 



6    (730 ILCS 105/5)  (from Ch. 38, par. 1655)



7    Sec. 5. Definitions. As used in this Act:

8    (a) "Applicant" means an inmate who is being considered for 
9parole by
the Prisoner Review Board.

10    (b) "Board" means the Prisoner Review Board as established 
11in Section
3-3-1 of the Unified Code of Corrections.

12    (c) "Parolee" means a person subject to parole revocation 
13proceedings.

14    (d) "Parole hearing" means the formal hearing and 
15determination of an
inmate being considered for release from 
16incarceration on community
supervision.

17    (e) "Parole or mandatory supervised release revocation 
18hearing" means
the formal hearing and determination of 
19allegations that a parolee or
mandatory supervised releasee has 
20violated the conditions of his or her
release agreement.

21    (f) "Victim" means a victim or witness of a violent crime 
22as defined in
subsection (a) of Section 3 of the Bill of Rights 
23for Victims and Witnesses
of Violent Crime Act, or any person 
 
 
HB1928- 2 -LRB097 09096 RLC 49231 b

1legally related to the victim by blood, marriage, adoption, or 
2guardianship, or any friend of the victim, or any concerned 
3citizen.

4    (g) "Violent crime" means a crime defined in subsection (c) 
5of
Section 3 of the Bill of Rights for Victims and Witnesses of 
6Violent
Crime Act.

7(Source: P.A. 87-224.)

 



8    (730 ILCS 105/35)  (from Ch. 38, par. 1685)



9    Sec. 35. Victim impact statements. 

10    (a) The Board shall receive and consider victim impact 
11statements.

12    (b) Victim Written victim impact statements either oral, 
13written, video-taped, tape recorded or made by other electronic 
14means shall not be considered public
documents under provisions 
15of the Freedom of Information Act.

16    (c) The inmate or his attorney shall be informed of the 
17existence of a
victim impact statement and its contents under 
18provisions of Board rules.
This shall not be construed to 
19permit disclosure to an inmate of any
information which might 
20result in the risk of threats or physical harm to a
victim or 
21complaining witness.

22    (d) The inmate shall be given the opportunity to answer a 
23victim impact
statement, either orally or in writing.

24    (e) All written victim impact statements shall be part of 
25the applicant's
or parolee's parole file.

 
 
HB1928- 3 -LRB097 09096 RLC 49231 b

1(Source: P.A. 87-224.)

  
 
2    Section 99. Effective date. This Act takes effect upon 
3becoming law.