Full Text of HB3534 102nd General Assembly
HB3534eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Bill of Rights for Children is amended by | 5 | | adding Section 3.5 as follows: | 6 | | (725 ILCS 115/3.5 new) | 7 | | Sec. 3.5. Right to forensic interview with children's | 8 | | advocacy center. Every child reported to the Department of | 9 | | Children and Family Services or law enforcement to be a victim | 10 | | of sexual assault or sexual abuse whose case is accepted by | 11 | | either agency for investigation has the right to have that | 12 | | child's forensic interview conducted by a forensic interviewer | 13 | | from a children's advocacy center accredited according to the | 14 | | Children's Advocacy Center Act and serving the child's area, | 15 | | when such service is available. This right may be asserted by | 16 | | the child or the child's parent or guardian informing the | 17 | | investigating personnel at the Department of Children and | 18 | | Family Services or the law enforcement agency that the parent | 19 | | or guardian wants the child to have the child's interview | 20 | | conducted by the children's advocacy center. | 21 | | Section 10. The Rights of Crime Victims and Witnesses Act | 22 | | is amended by changing Sections 4.5, 7, and 9 as follows:
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| 1 | | (725 ILCS 120/4.5)
| 2 | | Sec. 4.5. Procedures to implement the rights of crime | 3 | | victims. To afford
crime victims their rights, law | 4 | | enforcement, prosecutors, judges, and
corrections will provide | 5 | | information, as appropriate, of the following
procedures:
| 6 | | (a) At the request of the crime victim, law enforcement | 7 | | authorities
investigating the case shall provide notice of the | 8 | | status of the investigation,
except where the State's Attorney | 9 | | determines that disclosure of such
information would | 10 | | unreasonably interfere with the investigation, until such
time | 11 | | as the alleged assailant is apprehended or the investigation | 12 | | is closed.
| 13 | | (a-5) When law enforcement authorities reopen a closed | 14 | | case to resume investigating, they shall provide notice of the | 15 | | reopening of the case, except where the State's Attorney | 16 | | determines that disclosure of such information would | 17 | | unreasonably interfere with the investigation. | 18 | | (b) The office of the State's Attorney:
| 19 | | (1) shall provide notice of the filing of an | 20 | | information, the return of an
indictment, or the
filing of | 21 | | a petition to adjudicate a minor as a delinquent for a | 22 | | violent
crime;
| 23 | | (2) shall provide timely notice of the date, time, and | 24 | | place of court proceedings; of any change in the date, | 25 | | time, and place of court proceedings; and of any |
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| 1 | | cancellation of court proceedings. Notice shall be | 2 | | provided in sufficient time, wherever possible, for the | 3 | | victim to
make arrangements to attend or to prevent an | 4 | | unnecessary appearance at court proceedings;
| 5 | | (3) or victim advocate personnel shall provide | 6 | | information of social
services and financial assistance | 7 | | available for victims of crime, including
information of | 8 | | how to apply for these services and assistance;
| 9 | | (3.5) or victim advocate personnel shall provide | 10 | | information about available victim services, including | 11 | | referrals to programs, counselors, and agencies that | 12 | | assist a victim to deal with trauma, loss, and grief; | 13 | | (4) shall assist in having any stolen or other | 14 | | personal 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, whenever possible, a secure waiting
| 24 | | area during court proceedings that does not require | 25 | | victims to be in close
proximity to defendants or | 26 | | juveniles accused of a violent crime, and their
families |
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| 1 | | and friends;
| 2 | | (7) shall provide notice to the crime victim of the | 3 | | right to have a
translator present at all court | 4 | | proceedings and, in compliance with the federal Americans
| 5 | | with Disabilities Act of 1990, the right to communications | 6 | | access through a
sign language interpreter or by other | 7 | | means;
| 8 | | (8) (blank);
| 9 | | (8.5) shall inform the victim of the right to be | 10 | | present at all court proceedings, unless the victim is to | 11 | | testify and the court determines that the victim's | 12 | | testimony would be materially affected if the victim hears | 13 | | other testimony at trial; | 14 | | (9) shall inform the victim of the right to have | 15 | | present at all court
proceedings, subject to the rules of | 16 | | evidence and confidentiality, an advocate and other | 17 | | support
person of the victim's choice; | 18 | | (9.3) shall inform the victim of the right to retain | 19 | | an attorney, at the
victim's own expense, who, upon | 20 | | written notice filed with the clerk of the
court and | 21 | | State's Attorney, is to receive copies of all notices, | 22 | | motions, and
court orders filed thereafter in the case, in | 23 | | the same manner as if the victim
were a named party in the | 24 | | case;
| 25 | | (9.5) shall inform the victim of (A) the victim's | 26 | | right under Section 6 of this Act to make a statement at |
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| 1 | | the sentencing hearing; (B) the right of the victim's | 2 | | spouse, guardian, parent, grandparent, and other immediate | 3 | | family and household members under Section 6 of this Act | 4 | | to present a statement at sentencing; and (C) if a | 5 | | presentence report is to be prepared, the right of the | 6 | | victim's spouse, guardian, parent, grandparent, and other | 7 | | immediate family and household members to submit | 8 | | information to the preparer of the presentence report | 9 | | about the effect the offense has had on the victim and the | 10 | | person; | 11 | | (10) at the sentencing shall make a good faith attempt | 12 | | to explain
the minimum amount of time during which the | 13 | | defendant may actually be
physically imprisoned. The | 14 | | Office of the State's Attorney shall further notify
the | 15 | | crime victim of the right to request from the Prisoner | 16 | | Review Board
or Department of Juvenile Justice information | 17 | | concerning the release of the defendant;
| 18 | | (11) shall request restitution at sentencing and as | 19 | | part of a plea agreement if the victim requests | 20 | | restitution;
| 21 | | (12) shall, upon the court entering a verdict of not | 22 | | guilty by reason of insanity, inform the victim of the | 23 | | notification services available from the Department of | 24 | | Human Services, including the statewide telephone number, | 25 | | under subparagraph (d)(2) of this Section;
| 26 | | (13) shall provide notice within a reasonable time |
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| 1 | | after receipt of notice from
the custodian, of the release | 2 | | of the defendant on bail or personal recognizance
or the | 3 | | release from detention of a minor who has been detained;
| 4 | | (14) shall explain in nontechnical language the | 5 | | details of any plea or verdict of
a defendant, or any | 6 | | adjudication of a juvenile as a delinquent;
| 7 | | (15) shall make all reasonable efforts to consult with | 8 | | the crime victim before the Office of
the State's Attorney | 9 | | makes an offer of a plea bargain to the defendant or
enters | 10 | | into negotiations with the defendant concerning a possible | 11 | | plea
agreement, and shall consider the written statement, | 12 | | if prepared
prior to entering into a plea agreement. The | 13 | | right to consult with the prosecutor does not include the | 14 | | right to veto a plea agreement or to insist the case go to | 15 | | trial. If the State's Attorney has not consulted with the | 16 | | victim prior to making an offer or entering into plea | 17 | | negotiations with the defendant, the Office of the State's | 18 | | Attorney shall notify the victim of the offer or the | 19 | | negotiations within 2 business days and confer with the | 20 | | victim;
| 21 | | (16) shall provide notice of the ultimate disposition | 22 | | of the cases arising from
an indictment or an information, | 23 | | or a petition to have a juvenile adjudicated
as a | 24 | | delinquent for a violent crime;
| 25 | | (17) shall provide notice of any appeal taken by the | 26 | | defendant and information
on how to contact the |
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| 1 | | appropriate agency handling the appeal, and how to request | 2 | | notice of any hearing, oral argument, or decision of an | 3 | | appellate court;
| 4 | | (18) shall provide timely notice of any request for | 5 | | post-conviction review filed by the
defendant under | 6 | | Article 122 of the Code of Criminal Procedure of 1963, and | 7 | | of
the date, time and place of any hearing concerning the | 8 | | petition. Whenever
possible, notice of the hearing shall | 9 | | be given within 48 hours of the court's scheduling of the | 10 | | hearing; and
| 11 | | (19) shall forward a copy of any statement presented | 12 | | under Section 6 to the
Prisoner Review Board or Department | 13 | | of Juvenile Justice to be considered in making a | 14 | | determination
under Section 3-2.5-85 or subsection (b) of | 15 | | Section 3-3-8 of the Unified Code of Corrections ; . | 16 | | (20) shall consult with the crime victim regarding the | 17 | | decision of the State's Attorney not to charge an offense. | 18 | | The victim has the right to have an attorney, advocate, | 19 | | and other support person of the victim's choice attend | 20 | | this consultation with the victim; and | 21 | | (21) shall give the crime victim timely notice of any | 22 | | decision not to pursue charges and consider the safety of | 23 | | the victim when deciding how to give such notice.
| 24 | | (c) The court shall ensure that the rights of the victim | 25 | | are afforded. | 26 | | (c-5) The following procedures shall be followed to afford |
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| 1 | | victims the rights guaranteed by Article I, Section 8.1 of the | 2 | | Illinois Constitution: | 3 | | (1) Written notice. A victim may complete a written | 4 | | notice of intent to assert rights on a form prepared by the | 5 | | Office of the Attorney General and provided to the victim | 6 | | by the State's Attorney. The victim may at any time | 7 | | provide a revised written notice to the State's Attorney. | 8 | | The State's Attorney shall file the written notice with | 9 | | the court. At the beginning of any court proceeding in | 10 | | which the right of a victim may be at issue, the court and | 11 | | prosecutor shall review the written notice to determine | 12 | | whether the victim has asserted the right that may be at | 13 | | issue. | 14 | | (2) Victim's retained attorney. A victim's attorney | 15 | | shall file an entry of appearance limited to assertion of | 16 | | the victim's rights. Upon the filing of the entry of | 17 | | appearance and service on the State's Attorney and the | 18 | | defendant, the attorney is to receive copies of all | 19 | | notices, motions and court orders filed thereafter in the | 20 | | case. | 21 | | (3) Standing. The victim has standing to assert the | 22 | | rights enumerated in subsection (a) of Article I, Section | 23 | | 8.1 of the Illinois Constitution and the statutory rights | 24 | | under Section 4 of this Act in any court exercising | 25 | | jurisdiction over the criminal case. The prosecuting | 26 | | attorney, a victim, or the victim's retained attorney may |
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| 1 | | assert the victim's rights. The defendant in the criminal | 2 | | case has no standing to assert a right of the victim in any | 3 | | court proceeding, including on appeal. | 4 | | (4) Assertion of and enforcement of rights. | 5 | | (A) The prosecuting attorney shall assert a | 6 | | victim's right or request enforcement of a right by | 7 | | filing a motion or by orally asserting the right or | 8 | | requesting enforcement in open court in the criminal | 9 | | case outside the presence of the jury. The prosecuting | 10 | | attorney shall consult with the victim and the | 11 | | victim's attorney regarding the assertion or | 12 | | enforcement of a right. If the prosecuting attorney | 13 | | decides not to assert or enforce a victim's right, the | 14 | | prosecuting attorney shall notify the victim or the | 15 | | victim's attorney in sufficient time to allow the | 16 | | victim or the victim's attorney to assert the right or | 17 | | to seek enforcement of a right. | 18 | | (B) If the prosecuting attorney elects not to | 19 | | assert a victim's right or to seek enforcement of a | 20 | | right, the victim or the victim's attorney may assert | 21 | | the victim's right or request enforcement of a right | 22 | | by filing a motion or by orally asserting the right or | 23 | | requesting enforcement in open court in the criminal | 24 | | case outside the presence of the jury. | 25 | | (C) If the prosecuting attorney asserts a victim's | 26 | | right or seeks enforcement of a right, unless the |
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| 1 | | prosecuting attorney objects or the trial court does | 2 | | not allow it, the victim or the victim's attorney may | 3 | | be heard regarding the prosecuting attorney's motion | 4 | | or may file a simultaneous motion to assert or request | 5 | | enforcement of the victim's right. If the victim or | 6 | | the victim's attorney was not allowed to be heard at | 7 | | the hearing regarding the prosecuting attorney's | 8 | | motion, and the court denies the prosecuting | 9 | | attorney's assertion of the right or denies the | 10 | | request for enforcement of a right, the victim or | 11 | | victim's attorney may file a motion to assert the | 12 | | victim's right or to request enforcement of the right | 13 | | within 10 days of the court's ruling. The motion need | 14 | | not demonstrate the grounds for a motion for | 15 | | reconsideration. The court shall rule on the merits of | 16 | | the motion. | 17 | | (D) The court shall take up and decide any motion | 18 | | or request asserting or seeking enforcement of a | 19 | | victim's right without delay, unless a specific time | 20 | | period is specified by law or court rule. The reasons | 21 | | for any decision denying the motion or request shall | 22 | | be clearly stated on the record. | 23 | | (E) Crime victims' rights may also be asserted by | 24 | | filing a complaint for mandamus, injunctive, or | 25 | | declaratory relief in the jurisdiction in which the | 26 | | victim's right is being violated or where the crime is |
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| 1 | | being prosecuted. The clerk of court shall waive | 2 | | filing fees that would otherwise be owed by the victim | 3 | | for any court filing with the purpose of enforcing | 4 | | crime victims' rights. If the court denies the relief | 5 | | sought by the victim, the reasons for the denial shall | 6 | | be clearly stated on the record in the transcript of | 7 | | the proceedings, in a written opinion, or in the | 8 | | docket entry, and the victim may appeal the circuit | 9 | | court's decision to the appellate court. The court | 10 | | shall issue prompt rulings regarding victims' rights. | 11 | | Proceedings seeking to enforce victims' rights shall | 12 | | not be stayed or subject to unreasonable delay via | 13 | | continuances. If the appellate court denies the relief | 14 | | sought, the reasons for the denial shall be clearly | 15 | | stated on the record in a written opinion. | 16 | | (5) Violation of rights and remedies. | 17 | | (A) If the court determines that a victim's right | 18 | | has been violated, the court shall determine the | 19 | | appropriate remedy for the violation of the victim's | 20 | | right by hearing from the victim and the parties, | 21 | | considering all factors relevant to the issue, and | 22 | | then awarding appropriate relief to the victim. | 23 | | (A-5) Consideration of an issue of a substantive | 24 | | nature or an issue that implicates the constitutional | 25 | | or statutory right of a victim at a court proceeding | 26 | | labeled as a status hearing shall constitute a per se |
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| 1 | | violation of a victim's right. | 2 | | (B) The appropriate remedy shall include only | 3 | | actions necessary to provide the victim the right to | 4 | | which the victim was entitled . Remedies may include, | 5 | | but are not limited to: injunctive relief requiring | 6 | | the victim's right to be afforded; declaratory | 7 | | judgment recognizing or clarifying the victim's | 8 | | rights; a writ of mandamus; and may include reopening | 9 | | previously held proceedings; however, in no event | 10 | | shall the court vacate a conviction. Any remedy shall | 11 | | be tailored to provide the victim an appropriate | 12 | | remedy without violating any constitutional right of | 13 | | the defendant. In no event shall the appropriate | 14 | | remedy be a new trial , damages, or costs . | 15 | | (6) Right to be heard. Whenever a victim has the right | 16 | | to be heard, the court shall allow the victim to exercise | 17 | | the right in any reasonable manner the victim chooses. | 18 | | (7) Right to attend trial. A party must file a written | 19 | | motion to exclude a victim from trial at least 60 days | 20 | | prior to the date set for trial. The motion must state with | 21 | | specificity the reason exclusion is necessary to protect a | 22 | | constitutional right of the party, and must contain an | 23 | | offer of proof. The court shall rule on the motion within | 24 | | 30 days. If the motion is granted, the court shall set | 25 | | forth on the record the facts that support its finding | 26 | | that the victim's testimony will be materially affected if |
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| 1 | | the victim hears other testimony at trial. | 2 | | (8) Right to have advocate and support person present | 3 | | at court proceedings. | 4 | | (A) A party who intends to call an advocate as a | 5 | | witness at trial must seek permission of the court | 6 | | before the subpoena is issued. The party must file a | 7 | | written motion at least 90 days before trial that sets | 8 | | forth specifically the issues on which the advocate's | 9 | | testimony is sought and an offer of proof regarding | 10 | | (i) the content of the anticipated testimony of the | 11 | | advocate; and (ii) the relevance, admissibility, and | 12 | | materiality of the anticipated testimony. The court | 13 | | shall consider the motion and make findings within 30 | 14 | | days of the filing of the motion. If the court finds by | 15 | | a preponderance of the evidence that: (i) the | 16 | | anticipated testimony is not protected by an absolute | 17 | | privilege; and (ii) the anticipated testimony contains | 18 | | relevant, admissible, and material evidence that is | 19 | | not available through other witnesses or evidence, the | 20 | | court shall issue a subpoena requiring the advocate to | 21 | | appear to testify at an in camera hearing. The | 22 | | prosecuting attorney and the victim shall have 15 days | 23 | | to seek appellate review before the advocate is | 24 | | required to testify at an ex parte in camera | 25 | | proceeding. | 26 | | The prosecuting attorney, the victim, and the |
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| 1 | | advocate's attorney shall be allowed to be present at | 2 | | the ex parte in camera proceeding. If, after | 3 | | conducting the ex parte in camera hearing, the court | 4 | | determines that due process requires any testimony | 5 | | regarding confidential or privileged information or | 6 | | communications, the court shall provide to the | 7 | | prosecuting attorney, the victim, and the advocate's | 8 | | attorney a written memorandum on the substance of the | 9 | | advocate's testimony. The prosecuting attorney, the | 10 | | victim, and the advocate's attorney shall have 15 days | 11 | | to seek appellate review before a subpoena may be | 12 | | issued for the advocate to testify at trial. The | 13 | | presence of the prosecuting attorney at the ex parte | 14 | | in camera proceeding does not make the substance of | 15 | | the advocate's testimony that the court has ruled | 16 | | inadmissible subject to discovery. | 17 | | (B) If a victim has asserted the right to have a | 18 | | support person present at the court proceedings, the | 19 | | victim shall provide the name of the person the victim | 20 | | has chosen to be the victim's support person to the | 21 | | prosecuting attorney, within 60 days of trial. The | 22 | | prosecuting attorney shall provide the name to the | 23 | | defendant. If the defendant intends to call the | 24 | | support person as a witness at trial, the defendant | 25 | | must seek permission of the court before a subpoena is | 26 | | issued. The defendant must file a written motion at |
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| 1 | | least 45 days prior to trial that sets forth | 2 | | specifically the issues on which the support person | 3 | | will testify and an offer of proof regarding: (i) the | 4 | | content of the anticipated testimony of the support | 5 | | person; and (ii) the relevance, admissibility, and | 6 | | materiality of the anticipated testimony. | 7 | | If the prosecuting attorney intends to call the | 8 | | support person as a witness during the State's | 9 | | case-in-chief, the prosecuting attorney shall inform | 10 | | the court of this intent in the response to the | 11 | | defendant's written motion. The victim may choose a | 12 | | different person to be the victim's support person. | 13 | | The court may allow the defendant to inquire about | 14 | | matters outside the scope of the direct examination | 15 | | during cross-examination. If the court allows the | 16 | | defendant to do so, the support person shall be | 17 | | allowed to remain in the courtroom after the support | 18 | | person has testified. A defendant who fails to | 19 | | question the support person about matters outside the | 20 | | scope of direct examination during the State's | 21 | | case-in-chief waives the right to challenge the | 22 | | presence of the support person on appeal. The court | 23 | | shall allow the support person to testify if called as | 24 | | a witness in the defendant's case-in-chief or the | 25 | | State's rebuttal. | 26 | | If the court does not allow the defendant to |
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| 1 | | inquire about matters outside the scope of the direct | 2 | | examination, the support person shall be allowed to | 3 | | remain in the courtroom after the support person has | 4 | | been called by the defendant or the defendant has | 5 | | rested. The court shall allow the support person to | 6 | | testify in the State's rebuttal. | 7 | | If the prosecuting attorney does not intend to | 8 | | call the support person in the State's case-in-chief, | 9 | | the court shall verify with the support person whether | 10 | | the support person, if called as a witness, would | 11 | | testify as set forth in the offer of proof. If the | 12 | | court finds that the support person would testify as | 13 | | set forth in the offer of proof, the court shall rule | 14 | | on the relevance, materiality, and admissibility of | 15 | | the anticipated testimony. If the court rules the | 16 | | anticipated testimony is admissible, the court shall | 17 | | issue the subpoena. The support person may remain in | 18 | | the courtroom after the support person testifies and | 19 | | shall be allowed to testify in rebuttal. | 20 | | If the court excludes the victim's support person | 21 | | during the State's case-in-chief, the victim shall be | 22 | | allowed to choose another support person to be present | 23 | | in court. | 24 | | If the victim fails to designate a support person | 25 | | within 60 days of trial and the defendant has | 26 | | subpoenaed the support person to testify at trial, the |
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| 1 | | court may exclude the support person from the trial | 2 | | until the support person testifies. If the court | 3 | | excludes the support person the victim may choose | 4 | | another person as a support person. | 5 | | (9) Right to notice and hearing before disclosure of | 6 | | confidential or privileged information or records. | 7 | | (A) A defendant who seeks to subpoena testimony or | 8 | | records of or concerning the victim that are | 9 | | confidential or privileged by law must seek permission | 10 | | of the court before the subpoena is issued. The | 11 | | defendant must file a written motion and an offer of | 12 | | proof regarding the relevance, admissibility and | 13 | | materiality of the testimony or records. If the court | 14 | | finds by a preponderance of the evidence that: | 15 | | (i) (A) the testimony or records are not | 16 | | protected by an absolute privilege and | 17 | | (ii) (B) the testimony or records contain | 18 | | relevant, admissible, and material evidence that | 19 | | is not available through other witnesses or | 20 | | evidence, the court shall issue a subpoena | 21 | | requiring the witness to appear in camera or a | 22 | | sealed copy of the records be delivered to the | 23 | | court to be reviewed in camera. If, after | 24 | | conducting an in camera review of the witness | 25 | | statement or records, the court determines that | 26 | | due process requires disclosure of any potential |
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| 1 | | testimony or any portion of the records, the court | 2 | | shall provide a summary of potential testimony or | 3 | | copies of the records that what it intends to | 4 | | disclose to the prosecuting attorney and the | 5 | | victim. The prosecuting attorney and the victim | 6 | | shall have 30 days to seek appellate review before | 7 | | the summary of potential testimony or records are | 8 | | disclosed to the defendant , used in any court | 9 | | proceeding, or disclosed to anyone or in any way | 10 | | that would subject the testimony or records to | 11 | | public review . The disclosure of copies of any | 12 | | portion of the summary of potential testimony or | 13 | | records to the prosecuting attorney under this | 14 | | Section does not make the records subject to | 15 | | discovery or required to be provided to the | 16 | | defendant . | 17 | | (B) A prosecuting attorney who seeks to subpoena | 18 | | information or records concerning the victim that are | 19 | | confidential or privileged by law must first request | 20 | | the written consent of the crime victim. If the victim | 21 | | does not provide such written consent, including where | 22 | | necessary the appropriate signed document required for | 23 | | waiving privilege, the prosecuting attorney must serve | 24 | | the subpoena at least 21 days prior to the date a | 25 | | response or appearance is required to allow the | 26 | | subject of the subpoena time to file a motion to quash |
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| 1 | | or request a hearing. The prosecuting attorney must | 2 | | also send a written notice to the victim at least 21 | 3 | | days prior to the response date to allow the victim to | 4 | | file a motion or request a hearing. The notice to the | 5 | | victim shall inform the victim (1) that a subpoena has | 6 | | been issued for confidential information or records | 7 | | concerning the victim, (2) that the victim has the | 8 | | right to request a hearing prior to the response date | 9 | | of the subpoena, and (3) how to request the hearing. | 10 | | The notice to the victim shall also include a copy of | 11 | | the subpoena. If requested, a hearing regarding the | 12 | | subpoena shall occur before information or records are | 13 | | provided to the prosecuting attorney. | 14 | | (10) Right to notice of court proceedings. If the | 15 | | victim is not present at a court proceeding in which a | 16 | | right of the victim is at issue, the court shall ask the | 17 | | prosecuting attorney whether the victim was notified of | 18 | | the time, place, and purpose of the court proceeding and | 19 | | that the victim had a right to be heard at the court | 20 | | proceeding. If the court determines that timely notice was | 21 | | not given or that the victim was not adequately informed | 22 | | of the nature of the court proceeding, the court shall not | 23 | | rule on any substantive issues, accept a plea, or impose a | 24 | | sentence and shall continue the hearing for the time | 25 | | necessary to notify the victim of the time, place and | 26 | | nature of the court proceeding. The time between court |
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| 1 | | proceedings shall not be attributable to the State under | 2 | | Section 103-5 of the Code of Criminal Procedure of 1963. | 3 | | (11) Right to timely disposition of the case. A victim | 4 | | has the right to timely disposition of the case so as to | 5 | | minimize the stress, cost, and inconvenience resulting | 6 | | from the victim's involvement in the case. Before ruling | 7 | | on a motion to continue trial or other court proceeding, | 8 | | the court shall inquire into the circumstances for the | 9 | | request for the delay and, if the victim has provided | 10 | | written notice of the assertion of the right to a timely | 11 | | disposition, and whether the victim objects to the delay. | 12 | | If the victim objects, the prosecutor shall inform the | 13 | | court of the victim's objections. If the prosecutor has | 14 | | not conferred with the victim about the continuance, the | 15 | | prosecutor shall inform the court of the attempts to | 16 | | confer. If the court finds the attempts of the prosecutor | 17 | | to confer with the victim were inadequate to protect the | 18 | | victim's right to be heard, the court shall give the | 19 | | prosecutor at least 3 but not more than 5 business days to | 20 | | confer with the victim. In ruling on a motion to continue, | 21 | | the court shall consider the reasons for the requested | 22 | | continuance, the number and length of continuances that | 23 | | have been granted, the victim's objections and procedures | 24 | | to avoid further delays. If a continuance is granted over | 25 | | the victim's objection, the court shall specify on the | 26 | | record the reasons for the continuance and the procedures |
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| 1 | | that have been or will be taken to avoid further delays. | 2 | | (12) Right to Restitution. | 3 | | (A) If the victim has asserted the right to | 4 | | restitution and the amount of restitution is known at | 5 | | the time of sentencing, the court shall enter the | 6 | | judgment of restitution at the time of sentencing. | 7 | | (B) If the victim has asserted the right to | 8 | | restitution and the amount of restitution is not known | 9 | | at the time of sentencing, the prosecutor shall, | 10 | | within 5 days after sentencing, notify the victim what | 11 | | information and documentation related to restitution | 12 | | is needed and that the information and documentation | 13 | | must be provided to the prosecutor within 45 days | 14 | | after sentencing. Failure to timely provide | 15 | | information and documentation related to restitution | 16 | | shall be deemed a waiver of the right to restitution. | 17 | | The prosecutor shall file and serve within 60 days | 18 | | after sentencing a proposed judgment for restitution | 19 | | and a notice that includes information concerning the | 20 | | identity of any victims or other persons seeking | 21 | | restitution, whether any victim or other person | 22 | | expressly declines restitution, the nature and amount | 23 | | of any damages together with any supporting | 24 | | documentation, a restitution amount recommendation, | 25 | | and the names of any co-defendants and their case | 26 | | numbers. Within 30 days after receipt of the proposed |
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| 1 | | judgment for restitution, the defendant shall file any | 2 | | objection to the proposed judgment, a statement of | 3 | | grounds for the objection, and a financial statement. | 4 | | If the defendant does not file an objection, the court | 5 | | may enter the judgment for restitution without further | 6 | | proceedings. If the defendant files an objection and | 7 | | either party requests a hearing, the court shall | 8 | | schedule a hearing. | 9 | | (13) Access to presentence reports. | 10 | | (A) The victim may request a copy of the | 11 | | presentence report prepared under the Unified Code of | 12 | | Corrections from the State's Attorney. The State's | 13 | | Attorney shall redact the following information before | 14 | | providing a copy of the report: | 15 | | (i) the defendant's mental history and | 16 | | condition; | 17 | | (ii) any evaluation prepared under subsection | 18 | | (b) or (b-5) of Section 5-3-2; and | 19 | | (iii) the name, address, phone number, and | 20 | | other personal information about any other victim. | 21 | | (B) The State's Attorney or the defendant may | 22 | | request the court redact other information in the | 23 | | report that may endanger the safety of any person. | 24 | | (C) The State's Attorney may orally disclose to | 25 | | the victim any of the information that has been | 26 | | redacted if there is a reasonable likelihood that the |
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| 1 | | information will be stated in court at the sentencing. | 2 | | (D) The State's Attorney must advise the victim | 3 | | that the victim must maintain the confidentiality of | 4 | | the report and other information. Any dissemination of | 5 | | the report or information that was not stated at a | 6 | | court proceeding constitutes indirect criminal | 7 | | contempt of court. | 8 | | (14) Appellate relief. If the trial court denies the | 9 | | relief requested, the victim, the victim's attorney, or | 10 | | the prosecuting attorney may file an appeal within 30 days | 11 | | of the trial court's ruling. The trial or appellate court | 12 | | may stay the court proceedings if the court finds that a | 13 | | stay would not violate a constitutional right of the | 14 | | defendant. If the appellate court denies the relief | 15 | | sought, the reasons for the denial shall be clearly stated | 16 | | in a written opinion. In any appeal in a criminal case, the | 17 | | State may assert as error the court's denial of any crime | 18 | | victim's right in the proceeding to which the appeal | 19 | | relates. | 20 | | (15) Limitation on appellate relief. In no case shall | 21 | | an appellate court provide a new trial to remedy the | 22 | | violation of a victim's right. | 23 | | (16) The right to be reasonably protected from the | 24 | | accused throughout the criminal justice process and the | 25 | | right to have the safety of the victim and the victim's | 26 | | family considered in denying or fixing the amount of bail, |
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| 1 | | determining whether to release the defendant, and setting | 2 | | conditions of release after arrest and conviction. A | 3 | | victim of domestic violence, a sexual offense, or stalking | 4 | | may request the entry of a protective order under Article | 5 | | 112A of the Code of Criminal Procedure of 1963. | 6 | | (d) Procedures after the imposition of sentence. | 7 | | (1) The Prisoner Review Board shall inform a victim or | 8 | | any other
concerned citizen, upon written request, of the | 9 | | prisoner's release on parole,
mandatory supervised | 10 | | release, electronic detention, work release, international | 11 | | transfer or exchange, or by the
custodian, other than the | 12 | | Department of Juvenile Justice, of the discharge of any | 13 | | individual who was adjudicated a delinquent
for a crime | 14 | | from State custody and by the sheriff of the appropriate
| 15 | | county of any such person's final discharge from county | 16 | | custody.
The Prisoner Review Board, upon written request, | 17 | | shall provide to a victim or
any other concerned citizen a | 18 | | recent photograph of any person convicted of a
felony, | 19 | | upon his or her release from custody.
The Prisoner
Review | 20 | | Board, upon written request, shall inform a victim or any | 21 | | other
concerned citizen when feasible at least 7 days | 22 | | prior to the prisoner's release
on furlough of the times | 23 | | and dates of such furlough. Upon written request by
the | 24 | | victim or any other concerned citizen, the State's | 25 | | Attorney shall notify
the person once of the times and | 26 | | dates of release of a prisoner sentenced to
periodic |
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| 1 | | imprisonment. Notification shall be based on the most | 2 | | recent
information as to victim's or other concerned | 3 | | citizen's residence or other
location available to the | 4 | | notifying authority.
| 5 | | (2) When the defendant has been committed to the | 6 | | Department of
Human Services pursuant to Section 5-2-4 or | 7 | | any other
provision of the Unified Code of Corrections, | 8 | | the victim may request to be
notified by the releasing | 9 | | authority of the approval by the court of an on-grounds | 10 | | pass, a supervised off-grounds pass, an unsupervised | 11 | | off-grounds pass, or conditional release; the release on | 12 | | an off-grounds pass; the return from an off-grounds pass; | 13 | | transfer to another facility; conditional release; escape; | 14 | | death; or final discharge from State
custody. The | 15 | | Department of Human Services shall establish and maintain | 16 | | a statewide telephone number to be used by victims to make | 17 | | notification requests under these provisions and shall | 18 | | publicize this telephone number on its website and to the | 19 | | State's Attorney of each county.
| 20 | | (3) In the event of an escape from State custody, the | 21 | | Department of
Corrections or the Department of Juvenile | 22 | | Justice immediately shall notify the Prisoner Review Board | 23 | | of the escape
and the Prisoner Review Board shall notify | 24 | | the victim. The notification shall
be based upon the most | 25 | | recent information as to the victim's residence or other
| 26 | | location available to the Board. When no such information |
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| 1 | | is available, the
Board shall make all reasonable efforts | 2 | | to obtain the information and make
the notification. When | 3 | | the escapee is apprehended, the Department of
Corrections | 4 | | or the Department of Juvenile Justice immediately shall | 5 | | notify the Prisoner Review Board and the Board
shall | 6 | | notify the victim.
| 7 | | (4) The victim of the crime for which the prisoner has | 8 | | been sentenced
has the right to register with the Prisoner | 9 | | Review Board's victim registry. Victims registered with | 10 | | the Board shall receive reasonable written notice not less | 11 | | than 30 days prior to the
parole hearing or target | 12 | | aftercare release date. The victim has the right to submit | 13 | | a victim statement for consideration by the Prisoner | 14 | | Review Board or the Department of Juvenile Justice in | 15 | | writing, on film, videotape, or other electronic means, or | 16 | | in the form of a recording prior to the parole hearing or | 17 | | target aftercare release date, or in person at the parole | 18 | | hearing or aftercare release protest hearing, or by | 19 | | calling the toll-free number established in subsection (f) | 20 | | of this Section. , The
victim shall be notified within 7 | 21 | | days after the prisoner has been granted
parole or | 22 | | aftercare release and shall be informed of the right to | 23 | | inspect the registry of parole
decisions, established | 24 | | under subsection (g) of Section 3-3-5 of the Unified
Code | 25 | | of Corrections. The provisions of this paragraph (4) are | 26 | | subject to the
Open Parole Hearings Act. Victim statements |
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| 1 | | provided to the Board shall be confidential and | 2 | | privileged, including any statements received prior to | 3 | | January 1, 2020 ( the effective date of Public Act 101-288) | 4 | | this amendatory Act of the 101st General Assembly , except | 5 | | if the statement was an oral statement made by the victim | 6 | | at a hearing open to the public.
| 7 | | (4-1) The crime victim has the right to submit a | 8 | | victim statement for consideration by the Prisoner Review | 9 | | Board or the Department of Juvenile Justice prior to or at | 10 | | a hearing to determine the conditions of mandatory | 11 | | supervised release of a person sentenced to a determinate | 12 | | sentence or at a hearing on revocation of mandatory | 13 | | supervised release of a person sentenced to a determinate | 14 | | sentence. A victim statement may be submitted in writing, | 15 | | on film, videotape, or other electronic means, or in the | 16 | | form of a recording, or orally at a hearing, or by calling | 17 | | the toll-free number established in subsection (f) of this | 18 | | Section. Victim statements provided to the Board shall be | 19 | | confidential and privileged, including any statements | 20 | | received prior to January 1, 2020 ( the effective date of | 21 | | Public Act 101-288) this amendatory Act of the 101st | 22 | | General Assembly , except if the statement was an oral | 23 | | statement made by the victim at a hearing open to the | 24 | | public. | 25 | | (4-2) The crime victim has the right to submit a | 26 | | victim statement to the Prisoner Review Board for |
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| 1 | | consideration at an executive clemency hearing as provided | 2 | | in Section 3-3-13 of the Unified Code of Corrections. A | 3 | | victim statement may be submitted in writing, on film, | 4 | | videotape, or other electronic means, or in the form of a | 5 | | recording prior to a hearing, or orally at a hearing, or by | 6 | | calling the toll-free number established in subsection (f) | 7 | | of this Section. Victim statements provided to the Board | 8 | | shall be confidential and privileged, including any | 9 | | statements received prior to January 1, 2020 ( the | 10 | | effective date of Public Act 101-288) this amendatory Act | 11 | | of the 101st General Assembly , except if the statement was | 12 | | an oral statement made by the victim at a hearing open to | 13 | | the public. | 14 | | (5) If a statement is presented under Section 6, the | 15 | | Prisoner Review Board or Department of Juvenile Justice
| 16 | | shall inform the victim of any order of discharge pursuant
| 17 | | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | 18 | | Corrections.
| 19 | | (6) At the written or oral request of the victim of the | 20 | | crime for which the
prisoner was sentenced or the State's | 21 | | Attorney of the county where the person seeking parole or | 22 | | aftercare release was prosecuted, the Prisoner Review | 23 | | Board or Department of Juvenile Justice shall notify the | 24 | | victim and the State's Attorney of the county where the | 25 | | person seeking parole or aftercare release was prosecuted | 26 | | of
the death of the prisoner if the prisoner died while on |
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| 1 | | parole or aftercare release or mandatory
supervised | 2 | | release.
| 3 | | (7) When a defendant who has been committed to the | 4 | | Department of
Corrections, the Department of Juvenile | 5 | | Justice, or the Department of Human Services is released | 6 | | or discharged and
subsequently committed to the Department | 7 | | of Human Services as a sexually
violent person and the | 8 | | victim had requested to be notified by the releasing
| 9 | | authority of the defendant's discharge, conditional | 10 | | release, death, or escape from State custody, the | 11 | | releasing
authority shall provide to the Department of | 12 | | Human Services such information
that would allow the | 13 | | Department of Human Services to contact the victim.
| 14 | | (8) When a defendant has been convicted of a sex | 15 | | offense as defined in Section 2 of the Sex Offender | 16 | | Registration Act and has been sentenced to the Department | 17 | | of Corrections or the Department of Juvenile Justice, the | 18 | | Prisoner Review Board or the Department of Juvenile | 19 | | Justice shall notify the victim of the sex offense of the | 20 | | prisoner's eligibility for release on parole, aftercare | 21 | | release,
mandatory supervised release, electronic | 22 | | detention, work release, international transfer or | 23 | | exchange, or by the
custodian of the discharge of any | 24 | | individual who was adjudicated a delinquent
for a sex | 25 | | offense from State custody and by the sheriff of the | 26 | | appropriate
county of any such person's final discharge |
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| 1 | | from county custody. The notification shall be made to the | 2 | | victim at least 30 days, whenever possible, before release | 3 | | of the sex offender. | 4 | | (e) The officials named in this Section may satisfy some | 5 | | or all of their
obligations to provide notices and other | 6 | | information through participation in a
statewide victim and | 7 | | witness notification system established by the Attorney
| 8 | | General under Section 8.5 of this Act.
| 9 | | (f) The Prisoner Review Board
shall establish a toll-free | 10 | | number that may be accessed by the crime victim to present a | 11 | | victim statement to the Board in accordance with paragraphs | 12 | | (4), (4-1), and (4-2) of subsection (d).
| 13 | | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | 14 | | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
| 15 | | (725 ILCS 120/7) (from Ch. 38, par. 1407)
| 16 | | Sec. 7. Responsibilities of victims and witnesses. Victims | 17 | | and
witnesses shall have the following responsibilities to aid | 18 | | in the
prosecution of violent crime and to ensure that their | 19 | | constitutional rights are enforced:
| 20 | | (a) To make a timely report of the crime;
| 21 | | (b) To cooperate with law enforcement authorities | 22 | | throughout the
investigation, prosecution, and trial;
| 23 | | (c) To testify at trial;
| 24 | | (c-5) to timely provide information and documentation to | 25 | | the prosecuting attorney that is related to the assertion of |
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| 1 | | their rights. | 2 | | (d) To notify law enforcement authorities and the | 3 | | prosecuting attorney of any change of contact information, | 4 | | including but not limited to, changes of address and contact | 5 | | information, including but not limited to changes of address, | 6 | | telephone number, and email address. Law enforcement | 7 | | authorities and the prosecuting attorney shall maintain the | 8 | | confidentiality of this information. A court may find that the | 9 | | failure to notify the prosecuting attorney of any change in | 10 | | contact information constitutes waiver of a right. | 11 | | (e) A victim who otherwise cooperates with law enforcement | 12 | | authorities and the prosecuting attorney, but declines to | 13 | | provide information and documentation to the prosecuting | 14 | | attorney that is privileged or confidential under the law, or | 15 | | chooses not to waive privilege, shall still be considered as | 16 | | cooperating for the purposes of this Act and maintain the | 17 | | status of victim and the rights afforded to victims under this | 18 | | Act.
| 19 | | (Source: P.A. 99-413, eff. 8-20-15.)
| 20 | | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| 21 | | Sec. 9. This Act does not limit any rights or | 22 | | responsibilities otherwise
enjoyed by or imposed upon victims | 23 | | or witnesses of violent crime , nor does it
grant any person a | 24 | | cause of action in equity or at law for compensation for | 25 | | damages or attorneys fees . Any act of
omission or commission |
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| 1 | | by any law enforcement officer, circuit court clerk,
or
| 2 | | State's
Attorney, by the Attorney General, Prisoner Review | 3 | | Board, Department of
Corrections,
the Department of Juvenile | 4 | | Justice, Department of Human Services, or other State agency, | 5 | | or private entity under
contract pursuant to Section 8, or by | 6 | | any employee of any
State agency or private entity under | 7 | | contract pursuant to Section 8 acting
in good faith in | 8 | | rendering crime victim's assistance or
otherwise enforcing | 9 | | this Act shall not impose civil liability upon the
individual | 10 | | or entity or his or her supervisor or employer. This Act grants | 11 | | a victim a private civil cause of action for injunctive, | 12 | | declaratory, or mandamus relief when officials or agencies | 13 | | named in this Section willfully or wantonly violate a victim's | 14 | | right or rights and the officials or agencies do not correct | 15 | | their actions and afford the right or rights to the victim when | 16 | | given written notice and reasonable time to comply. Nothing in | 17 | | this Act
shall create a basis for vacating a conviction or a | 18 | | ground for relief
requested by the defendant in any criminal | 19 | | case.
| 20 | | (Source: P.A. 99-413, eff. 8-20-15.)
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