Illinois General Assembly - Full Text of HB3534
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Full Text of HB3534  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,
3represented in the General Assembly:
4    Section 5. The Bill of Rights for Children is amended by
5adding Section 3.5 as follows:
6    (725 ILCS 115/3.5 new)
7    Sec. 3.5. Right to forensic interview with children's
8advocacy center. Every child reported to the Department of
9Children and Family Services or law enforcement to be a victim
10of sexual assault or sexual abuse whose case is accepted by
11either agency for investigation has the right to have that
12child's forensic interview conducted by a forensic interviewer
13from a children's advocacy center accredited according to the
14Children's Advocacy Center Act and serving the child's area,
15when such service is available. This right may be asserted by
16the child or the child's parent or guardian informing the
17investigating personnel at the Department of Children and
18Family Services or the law enforcement agency that the parent
19or guardian wants the child to have the child's interview
20conducted by the children's advocacy center.
21    Section 10. The Rights of Crime Victims and Witnesses Act
22is 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
3victims. To afford crime victims their rights, law
4enforcement, prosecutors, judges, and corrections will provide
5information, as appropriate, of the following procedures:
6    (a) At the request of the crime victim, law enforcement
7authorities investigating the case shall provide notice of the
8status of the investigation, except where the State's Attorney
9determines that disclosure of such information would
10unreasonably interfere with the investigation, until such time
11as the alleged assailant is apprehended or the investigation
12is closed.
13    (a-5) When law enforcement authorities reopen a closed
14case to resume investigating, they shall provide notice of the
15reopening of the case, except where the State's Attorney
16determines that disclosure of such information would
17unreasonably 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
25are afforded.
26    (c-5) The following procedures shall be followed to afford



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1victims the rights guaranteed by Article I, Section 8.1 of the
2Illinois 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
5or all of their obligations to provide notices and other
6information through participation in a statewide victim and
7witness notification system established by the Attorney
8General under Section 8.5 of this Act.
9    (f) The Prisoner Review Board shall establish a toll-free
10number that may be accessed by the crime victim to present a
11victim 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;
14101-81, 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
17and witnesses shall have the following responsibilities to aid
18in the prosecution of violent crime and to ensure that their
19constitutional rights are enforced:
20    (a) To make a timely report of the crime;
21    (b) To cooperate with law enforcement authorities
22throughout the investigation, prosecution, and trial;
23    (c) To testify at trial;
24    (c-5) to timely provide information and documentation to
25the prosecuting attorney that is related to the assertion of



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1their rights.
2    (d) To notify law enforcement authorities and the
3prosecuting attorney of any change of contact information,
4including but not limited to, changes of address and contact
5information, including but not limited to changes of address,
6telephone number, and email address. Law enforcement
7authorities and the prosecuting attorney shall maintain the
8confidentiality of this information. A court may find that the
9failure to notify the prosecuting attorney of any change in
10contact information constitutes waiver of a right.
11    (e) A victim who otherwise cooperates with law enforcement
12authorities and the prosecuting attorney, but declines to
13provide information and documentation to the prosecuting
14attorney that is privileged or confidential under the law, or
15chooses not to waive privilege, shall still be considered as
16cooperating for the purposes of this Act and maintain the
17status of victim and the rights afforded to victims under this
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
22responsibilities otherwise enjoyed by or imposed upon victims
23or witnesses of violent crime, nor does it grant any person a
24cause of action in equity or at law for compensation for
25damages or attorneys fees. Any act of omission or commission



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1by any law enforcement officer, circuit court clerk, or
2State's Attorney, by the Attorney General, Prisoner Review
3Board, Department of Corrections, the Department of Juvenile
4Justice, Department of Human Services, or other State agency,
5or private entity under contract pursuant to Section 8, or by
6any employee of any State agency or private entity under
7contract pursuant to Section 8 acting in good faith in
8rendering crime victim's assistance or otherwise enforcing
9this Act shall not impose civil liability upon the individual
10or entity or his or her supervisor or employer. This Act grants
11a victim a private civil cause of action for injunctive,
12declaratory, or mandamus relief when officials or agencies
13named in this Section willfully or wantonly violate a victim's
14right or rights and the officials or agencies do not correct
15their actions and afford the right or rights to the victim when
16given written notice and reasonable time to comply. Nothing in
17this Act shall create a basis for vacating a conviction or a
18ground for relief requested by the defendant in any criminal
20(Source: P.A. 99-413, eff. 8-20-15.)