Sen. Randall M. Hultgren
Filed: 4/21/2010
 
 

 




 

 		












09600SB2827sam001

LRB096 17001 RLC 40231 a






1

AMENDMENT TO SENATE BILL 2827 




2
    AMENDMENT NO. ______. Amend Senate Bill 2827 by replacing 
3
everything after the enacting clause with the following:



 
4
    "Section 5. The Rights of Crime Victims and Witnesses Act 
5
is amended  by changing Section 4.5 as follows:
 
6
    (725 ILCS 120/4.5)
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:
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 
 


 






09600SB2827sam001
- 2 -
LRB096 17001 RLC 40231 a




1
closed.
2
    (b) The office of the State's Attorney:
3
        (1) shall provide notice of the filing of information, 
4
    the return of an
indictment by which a prosecution for any 
5
    violent crime is commenced, or the
filing of a petition to 
6
    adjudicate a minor as a delinquent for a violent
crime;
7
        (2) shall provide notice of the date, time, and place 
8
    of trial;
9
        (3) or victim advocate personnel shall provide 
10
    information of social
services and financial assistance 
11
    available for victims of crime, including
information of 
12
    how to apply for these services and assistance;
13
        (4) shall assist in having any stolen or other personal 
14
    property held by
law enforcement authorities for 
15
    evidentiary or other purposes returned as
expeditiously as 
16
    possible, pursuant to the procedures set out in Section 
17
    115-9
of the Code of Criminal Procedure of 1963;
18
        (5) or victim advocate personnel shall provide 
19
    appropriate employer
intercession services to ensure that 
20
    employers of victims will cooperate with
the criminal 
21
    justice system in order to minimize an employee's loss of 
22
    pay and
other benefits resulting from court appearances;
23
        (6) shall provide information whenever possible, of a 
24
    secure waiting
area during court proceedings that does not 
25
    require victims to be in close
proximity to defendant or 
26
    juveniles accused of a violent crime, and their
families 
 


 






09600SB2827sam001
- 3 -
LRB096 17001 RLC 40231 a




1
    and friends;
2
        (7) shall provide notice to the crime victim of the 
3
    right to have a
translator present at all court proceedings 
4
    and, in  compliance with the federal Americans
with 
5
    Disabilities Act of 1990, the right to communications 
6
    access through a
sign language interpreter or by other 
7
    means;
8
        (8) in the case of the death of a person, which death 
9
    occurred in the same
transaction or occurrence in which 
10
    acts occurred for which a defendant is
charged with an 
11
    offense, shall notify the spouse, parent, child or sibling 
12
    of
the decedent of the date of the trial of the person or 
13
    persons allegedly
responsible for the death;
14
        (9) shall inform the victim of the right to have 
15
    present at all court
proceedings, subject to the rules of 
16
    evidence, an advocate or other support
person of the 
17
    victim's choice, and the right to retain an attorney, at 
18
    the
victim's own expense, who, upon written notice filed 
19
    with the clerk of the
court and State's Attorney, is to 
20
    receive copies of all notices, motions and
court orders 
21
    filed thereafter in the case, in the same manner as if the 
22
    victim
were a named party in the case;
23
        (10) at the sentencing hearing shall make a good faith 
24
    attempt to explain
the minimum amount of time during which 
25
    the defendant may actually be
physically imprisoned.  The 
26
    Office of the State's Attorney shall further notify
the 
 


 






09600SB2827sam001
- 4 -
LRB096 17001 RLC 40231 a




1
    crime victim of the right to request from the Prisoner 
2
    Review Board
information concerning the release of the 
3
    defendant under subparagraph (d)(1)
of this Section;
4
        (11) shall request restitution at sentencing and shall 
5
    consider
restitution in any plea negotiation, as provided 
6
    by law; and
7
        (12) shall, upon the court entering a verdict of not 
8
    guilty by reason of insanity, inform the victim of the 
9
    notification services available from the Department of 
10
    Human Services, including the statewide telephone number, 
11
    under subparagraph (d)(2) of this Section. 
12
    (c) At the written request of the crime victim, the office 
13
of the State's
Attorney shall:
14
        (1) provide notice a reasonable time in advance of the 
15
    following court
proceedings: preliminary hearing, any 
16
    hearing the effect of which may be the
release of defendant 
17
    from custody, or to alter the conditions of bond and the

18
    sentencing hearing.  The crime victim shall also be notified 
19
    of the
cancellation of the court proceeding in sufficient 
20
    time, wherever possible, to
prevent an unnecessary 
21
    appearance in court;
22
        (2) provide notice within a reasonable time after 
23
    receipt of notice from
the custodian, of the release of the 
24
    defendant on bail or personal recognizance
or the release 
25
    from detention of a minor who has been detained for a 
26
    violent
crime;
 


 






09600SB2827sam001
- 5 -
LRB096 17001 RLC 40231 a




1
        (3) explain in nontechnical language the details of any 
2
    plea or verdict of
a defendant, or any adjudication of a 
3
    juvenile as a delinquent for a violent
crime;
4
        (4) where practical, consult with the crime victim 
5
    before the Office of
the State's Attorney makes an offer of 
6
    a plea bargain to the defendant or
enters into negotiations 
7
    with the defendant concerning a possible plea
agreement, 
8
    and shall consider the written victim impact statement, if 
9
    prepared
prior to entering into a plea agreement;
10
        (5) provide notice of the ultimate disposition of the 
11
    cases arising from
an indictment or an information, or a 
12
    petition to have a juvenile adjudicated
as a delinquent for 
13
    a violent crime;
14
        (6) provide notice of any appeal taken by the defendant 
15
    and information
on how to contact the appropriate agency 
16
    handling the appeal;
17
        (7) provide notice of any request for post-conviction 
18
    review filed by the
defendant under Article 122 of the Code 
19
    of Criminal Procedure of 1963, and of
the date, time and 
20
    place of any hearing concerning the petition.  Whenever

21
    possible, notice of the hearing shall be given in advance;
22
        (8) forward a copy of any statement presented under 
23
    Section 6 to the
Prisoner Review Board to be considered by 
24
    the Board in making its determination
under subsection (b) 
25
    of Section 3-3-8 of the Unified Code of Corrections.
26
    (d) (1) The Prisoner Review Board shall inform a victim or 
 


 






09600SB2827sam001
- 6 -
LRB096 17001 RLC 40231 a




1
any other
concerned citizen, upon written request, of the 
2
prisoner's release on parole,
mandatory supervised release, 
3
electronic detention, work release, international transfer or 
4
exchange, or by the
custodian of the discharge of any 
5
individual who was adjudicated a delinquent
for a violent crime 
6
from State custody and by the sheriff of the appropriate
county 
7
of any such person's final discharge from county custody.
The 
8
Prisoner Review Board, upon written request, shall provide to a 
9
victim or
any other concerned citizen a recent photograph of 
10
any person convicted of a
felony, upon his or her release from 
11
custody.
The Prisoner
Review Board, upon written request, shall 
12
inform a victim or any other
concerned citizen when feasible at 
13
least 7 days prior to the prisoner's release
on furlough of the 
14
times and dates of such furlough.  Upon written request by
the 
15
victim or any other concerned citizen, the State's Attorney 
16
shall notify
the person once of the times and dates of release 
17
of a prisoner sentenced to
periodic imprisonment.  Notification 
18
shall be based on the most recent
information as to victim's or 
19
other concerned citizen's residence or other
location 
20
available to the notifying authority.

21
    (2) When the defendant has been committed to the Department 
22
of
Human Services pursuant to Section 5-2-4 or any other

23
provision of the Unified Code of Corrections, the victim may 
24
request to be
notified by the releasing authority of the 
25
defendant's furloughs, temporary release, or final discharge 
26
from State
custody. The Department of Human Services shall 
 


 






09600SB2827sam001
- 7 -
LRB096 17001 RLC 40231 a




1
establish and maintain a statewide telephone number to be used 
2
by victims to make notification requests under these provisions 
3
and shall publicize this telephone number on its website and to 
4
the State's Attorney of each county.
5
    (3) In the event of an escape from State custody, the 
6
Department of
Corrections or the Department of Juvenile Justice 
7
immediately shall notify the Prisoner Review Board of the 
8
escape
and the Prisoner Review Board shall notify the victim.  
9
The notification shall
be based upon the most recent 
10
information as to the victim's residence or other
location 
11
available to the Board.  When no such information is available, 
12
the
Board shall make all reasonable efforts to obtain the 
13
information and make
the notification.  When the escapee is 
14
apprehended, the Department of
Corrections or the Department of 
15
Juvenile Justice immediately shall notify the Prisoner Review 
16
Board and the Board
shall notify the victim.
17
    (4) The victim of the crime for which the prisoner has been 
18
sentenced
shall receive reasonable written notice not less than 
19
30 days prior to the
parole interview and may submit, in 
20
writing, on film, videotape or other
electronic means or in the 
21
form of a recording or in person at the parole
interview
or if 
22
a victim of a violent crime, by calling the
toll-free number 
23
established in subsection (f) of this Section, information
for

24
consideration by the Prisoner Review Board.  The
victim shall be 
25
notified within 7 days after the prisoner has been granted

26
parole and shall be informed of the right to inspect the 
 


 






09600SB2827sam001
- 8 -
LRB096 17001 RLC 40231 a




1
registry of parole
decisions, established under subsection (g) 
2
of Section 3-3-5 of the Unified
Code of Corrections.  The 
3
provisions of this paragraph (4) are subject to the
Open Parole 
4
Hearings Act.
5
    (5) If a statement is presented under Section 6, the 
6
Prisoner Review Board
shall inform the victim of any order of 
7
discharge entered by the Board pursuant
to Section 3-3-8 of the 
8
Unified Code of Corrections.
9
    (6) At the written request of the victim of the crime for 
10
which the
prisoner was sentenced or the State's Attorney of the 
11
county where the person seeking parole was prosecuted, the 
12
Prisoner Review Board shall notify the victim and the State's 
13
Attorney of the county where the person seeking parole was 
14
prosecuted of
the death of the prisoner if the prisoner died 
15
while on parole or mandatory
supervised release.
16
    (7) When a defendant who has been committed to the 
17
Department of
Corrections, the Department of Juvenile Justice, 
18
or the Department of Human Services is released or discharged 
19
and
subsequently committed to the Department of Human Services 
20
as a sexually
violent person and the victim had requested to be 
21
notified by the releasing
authority of the defendant's 
22
discharge from State custody, the releasing
authority shall 
23
provide to the Department of Human Services such information

24
that would allow the Department of Human Services to contact 
25
the victim.
26
    (8) When a defendant has been convicted of a sex offense as 
 


 






09600SB2827sam001
- 9 -
LRB096 17001 RLC 40231 a




1
defined in Section 2 of the Sex Offender Registration Act and 
2
has been sentenced to the Department of Corrections or the 
3
Department of Juvenile Justice, the Prisoner Review Board shall 
4
notify the victim of the sex offense of the prisoner's 
5
eligibility for release on parole,
mandatory supervised 
6
release, electronic detention, work release, international 
7
transfer or exchange, or by the
custodian of the discharge of 
8
any individual who was adjudicated a delinquent
for a sex 
9
offense from State custody and by the sheriff of the 
10
appropriate
county of any such person's final discharge from 
11
county custody.  The notification shall be made to the victim at 
12
least 30 days, whenever possible, before release of the sex 
13
offender. 
14
    (e) The officials named in this Section may satisfy some or 
15
all of their
obligations to provide notices and other 
16
information through participation in a
statewide victim and 
17
witness notification system established by the Attorney

18
General under Section 8.5 of this Act.
19
    (f) To permit a victim of a violent crime to provide 
20
information to the
Prisoner Review Board for consideration by 
21
the
Board at a parole hearing of a person who committed the 
22
crime against
the victim in accordance with clause (d)(4) of 
23
this Section or at a proceeding
to determine the conditions of 
24
mandatory supervised release of a person
sentenced to a 
25
determinate sentence or at a hearing on revocation of mandatory

26
supervised release of a person sentenced to a determinate 
 


 






09600SB2827sam001
- 10 -
LRB096 17001 RLC 40231 a




1
sentence, the Board
shall establish a toll-free number that may 
2
be accessed by the victim of
a violent crime to present that 
3
information to the Board.
4
    (g)  At the request of the spouse, parent, child, sibling, 
5
or any combination of such persons of a person killed as a 
6
result of a homicide, the court, at sentencing, or the Prisoner 
7
Review Board, at the parole hearing, shall issue a no contact 
8
order against the defendant which shall be effective while the 
9
defendant is in custody. 
10
(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; 
11
95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; 
12
96-875, eff. 1-22-10.)".