Illinois General Assembly - Full Text of SB3199
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Full Text of SB3199  102nd General Assembly

SB3199 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3199

 

Introduced 1/14/2022, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/4.5

    Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Provides that when the defendant has been found guilty but mentally ill and is granted early release, pardon, commutation, or furlough, the Prisoner Review Board immediately shall notify the victim, if the victim has previously requested notification of that information. Provides that the notification shall be based upon the most recent information as to the victim's residence or other location available to the Board. Provides that when no such information is available, the Board shall make all reasonable efforts to obtain the information and make the notification. Provides that this notification requirement is in addition to any notification requirements pursuant to any other statewide victim notification systems. Provides that the Board must document notification efforts if the victim alleges lack of notification.


LRB102 19957 RLC 28736 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3199LRB102 19957 RLC 28736 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rights of Crime Victims and Witnesses Act
5is amended by changing Section 4.5 as follows:
 
6    (725 ILCS 120/4.5)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 4.5. Procedures to implement the rights of crime
9victims. To afford crime victims their rights, law
10enforcement, prosecutors, judges, and corrections will provide
11information, as appropriate, of the following procedures:
12    (a) At the request of the crime victim, law enforcement
13authorities investigating the case shall provide notice of the
14status of the investigation, except where the State's Attorney
15determines that disclosure of such information would
16unreasonably interfere with the investigation, until such time
17as the alleged assailant is apprehended or the investigation
18is closed.
19    (a-5) When law enforcement authorities reopen a closed
20case to resume investigating, they shall provide notice of the
21reopening of the case, except where the State's Attorney
22determines that disclosure of such information would
23unreasonably interfere with the investigation.

 

 

SB3199- 2 -LRB102 19957 RLC 28736 b

1    (b) The office of the State's Attorney:
2        (1) shall provide notice of the filing of an
3    information, the return of an indictment, or the filing of
4    a petition to adjudicate a minor as a delinquent for a
5    violent crime;
6        (2) shall provide timely notice of the date, time, and
7    place of court proceedings; of any change in the date,
8    time, and place of court proceedings; and of any
9    cancellation of court proceedings. Notice shall be
10    provided in sufficient time, wherever possible, for the
11    victim to make arrangements to attend or to prevent an
12    unnecessary appearance at court proceedings;
13        (3) or victim advocate personnel shall provide
14    information of social services and financial assistance
15    available for victims of crime, including information of
16    how to apply for these services and assistance;
17        (3.5) or victim advocate personnel shall provide
18    information about available victim services, including
19    referrals to programs, counselors, and agencies that
20    assist a victim to deal with trauma, loss, and grief;
21        (4) shall assist in having any stolen or other
22    personal property held by law enforcement authorities for
23    evidentiary or other purposes returned as expeditiously as
24    possible, pursuant to the procedures set out in Section
25    115-9 of the Code of Criminal Procedure of 1963;
26        (5) or victim advocate personnel shall provide

 

 

SB3199- 3 -LRB102 19957 RLC 28736 b

1    appropriate employer intercession services to ensure that
2    employers of victims will cooperate with the criminal
3    justice system in order to minimize an employee's loss of
4    pay and other benefits resulting from court appearances;
5        (6) shall provide, whenever possible, a secure waiting
6    area during court proceedings that does not require
7    victims to be in close proximity to defendants or
8    juveniles accused of a violent crime, and their families
9    and friends;
10        (7) shall provide notice to the crime victim of the
11    right to have a translator present at all court
12    proceedings and, in compliance with the federal Americans
13    with Disabilities Act of 1990, the right to communications
14    access through a sign language interpreter or by other
15    means;
16        (8) (blank);
17        (8.5) shall inform the victim of the right to be
18    present at all court proceedings, unless the victim is to
19    testify and the court determines that the victim's
20    testimony would be materially affected if the victim hears
21    other testimony at trial;
22        (9) shall inform the victim of the right to have
23    present at all court proceedings, subject to the rules of
24    evidence and confidentiality, an advocate and other
25    support person of the victim's choice;
26        (9.3) shall inform the victim of the right to retain

 

 

SB3199- 4 -LRB102 19957 RLC 28736 b

1    an attorney, at the victim's own expense, who, upon
2    written notice filed with the clerk of the court and
3    State's Attorney, is to receive copies of all notices,
4    motions, and court orders filed thereafter in the case, in
5    the same manner as if the victim were a named party in the
6    case;
7        (9.5) shall inform the victim of (A) the victim's
8    right under Section 6 of this Act to make a statement at
9    the sentencing hearing; (B) the right of the victim's
10    spouse, guardian, parent, grandparent, and other immediate
11    family and household members under Section 6 of this Act
12    to present a statement at sentencing; and (C) if a
13    presentence report is to be prepared, the right of the
14    victim's spouse, guardian, parent, grandparent, and other
15    immediate family and household members to submit
16    information to the preparer of the presentence report
17    about the effect the offense has had on the victim and the
18    person;
19        (10) at the sentencing shall make a good faith attempt
20    to explain the minimum amount of time during which the
21    defendant may actually be physically imprisoned. The
22    Office of the State's Attorney shall further notify the
23    crime victim of the right to request from the Prisoner
24    Review Board or Department of Juvenile Justice information
25    concerning the release of the defendant;
26        (11) shall request restitution at sentencing and as

 

 

SB3199- 5 -LRB102 19957 RLC 28736 b

1    part of a plea agreement if the victim requests
2    restitution;
3        (12) shall, upon the court entering a verdict of not
4    guilty by reason of insanity, inform the victim of the
5    notification services available from the Department of
6    Human Services, including the statewide telephone number,
7    under subparagraph (d)(2) of this Section;
8        (13) shall provide notice within a reasonable time
9    after receipt of notice from the custodian, of the release
10    of the defendant on bail or personal recognizance or the
11    release from detention of a minor who has been detained;
12        (14) shall explain in nontechnical language the
13    details of any plea or verdict of a defendant, or any
14    adjudication of a juvenile as a delinquent;
15        (15) shall make all reasonable efforts to consult with
16    the crime victim before the Office of the State's Attorney
17    makes an offer of a plea bargain to the defendant or enters
18    into negotiations with the defendant concerning a possible
19    plea agreement, and shall consider the written statement,
20    if prepared prior to entering into a plea agreement. The
21    right to consult with the prosecutor does not include the
22    right to veto a plea agreement or to insist the case go to
23    trial. If the State's Attorney has not consulted with the
24    victim prior to making an offer or entering into plea
25    negotiations with the defendant, the Office of the State's
26    Attorney shall notify the victim of the offer or the

 

 

SB3199- 6 -LRB102 19957 RLC 28736 b

1    negotiations within 2 business days and confer with the
2    victim;
3        (16) shall provide notice of the ultimate disposition
4    of the cases arising from an indictment or an information,
5    or a petition to have a juvenile adjudicated as a
6    delinquent for a violent crime;
7        (17) shall provide notice of any appeal taken by the
8    defendant and information on how to contact the
9    appropriate agency handling the appeal, and how to request
10    notice of any hearing, oral argument, or decision of an
11    appellate court;
12        (18) shall provide timely notice of any request for
13    post-conviction review filed by the defendant under
14    Article 122 of the Code of Criminal Procedure of 1963, and
15    of the date, time and place of any hearing concerning the
16    petition. Whenever possible, notice of the hearing shall
17    be given within 48 hours of the court's scheduling of the
18    hearing; and
19        (19) shall forward a copy of any statement presented
20    under Section 6 to the Prisoner Review Board or Department
21    of Juvenile Justice to be considered in making a
22    determination under Section 3-2.5-85 or subsection (b) of
23    Section 3-3-8 of the Unified Code of Corrections.
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

 

 

SB3199- 7 -LRB102 19957 RLC 28736 b

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

 

 

SB3199- 8 -LRB102 19957 RLC 28736 b

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, and the court

 

 

SB3199- 9 -LRB102 19957 RLC 28736 b

1        denies the assertion of the right or denies the
2        request for enforcement of a right, the victim or
3        victim's attorney may file a motion to assert the
4        victim's right or to request enforcement of the right
5        within 10 days of the court's ruling. The motion need
6        not demonstrate the grounds for a motion for
7        reconsideration. The court shall rule on the merits of
8        the motion.
9            (D) The court shall take up and decide any motion
10        or request asserting or seeking enforcement of a
11        victim's right without delay, unless a specific time
12        period is specified by law or court rule. The reasons
13        for any decision denying the motion or request shall
14        be clearly stated on the record.
15        (5) Violation of rights and remedies.
16            (A) If the court determines that a victim's right
17        has been violated, the court shall determine the
18        appropriate remedy for the violation of the victim's
19        right by hearing from the victim and the parties,
20        considering all factors relevant to the issue, and
21        then awarding appropriate relief to the victim.
22            (A-5) Consideration of an issue of a substantive
23        nature or an issue that implicates the constitutional
24        or statutory right of a victim at a court proceeding
25        labeled as a status hearing shall constitute a per se
26        violation of a victim's right.

 

 

SB3199- 10 -LRB102 19957 RLC 28736 b

1            (B) The appropriate remedy shall include only
2        actions necessary to provide the victim the right to
3        which the victim was entitled and may include
4        reopening previously held proceedings; however, in no
5        event shall the court vacate a conviction. Any remedy
6        shall be tailored to provide the victim an appropriate
7        remedy without violating any constitutional right of
8        the defendant. In no event shall the appropriate
9        remedy be a new trial, damages, or costs.
10        (6) Right to be heard. Whenever a victim has the right
11    to be heard, the court shall allow the victim to exercise
12    the right in any reasonable manner the victim chooses.
13        (7) Right to attend trial. A party must file a written
14    motion to exclude a victim from trial at least 60 days
15    prior to the date set for trial. The motion must state with
16    specificity the reason exclusion is necessary to protect a
17    constitutional right of the party, and must contain an
18    offer of proof. The court shall rule on the motion within
19    30 days. If the motion is granted, the court shall set
20    forth on the record the facts that support its finding
21    that the victim's testimony will be materially affected if
22    the victim hears other testimony at trial.
23        (8) Right to have advocate and support person present
24    at court proceedings.
25            (A) A party who intends to call an advocate as a
26        witness at trial must seek permission of the court

 

 

SB3199- 11 -LRB102 19957 RLC 28736 b

1        before the subpoena is issued. The party must file a
2        written motion at least 90 days before trial that sets
3        forth specifically the issues on which the advocate's
4        testimony is sought and an offer of proof regarding
5        (i) the content of the anticipated testimony of the
6        advocate; and (ii) the relevance, admissibility, and
7        materiality of the anticipated testimony. The court
8        shall consider the motion and make findings within 30
9        days of the filing of the motion. If the court finds by
10        a preponderance of the evidence that: (i) the
11        anticipated testimony is not protected by an absolute
12        privilege; and (ii) the anticipated testimony contains
13        relevant, admissible, and material evidence that is
14        not available through other witnesses or evidence, the
15        court shall issue a subpoena requiring the advocate to
16        appear to testify at an in camera hearing. The
17        prosecuting attorney and the victim shall have 15 days
18        to seek appellate review before the advocate is
19        required to testify at an ex parte in camera
20        proceeding.
21            The prosecuting attorney, the victim, and the
22        advocate's attorney shall be allowed to be present at
23        the ex parte in camera proceeding. If, after
24        conducting the ex parte in camera hearing, the court
25        determines that due process requires any testimony
26        regarding confidential or privileged information or

 

 

SB3199- 12 -LRB102 19957 RLC 28736 b

1        communications, the court shall provide to the
2        prosecuting attorney, the victim, and the advocate's
3        attorney a written memorandum on the substance of the
4        advocate's testimony. The prosecuting attorney, the
5        victim, and the advocate's attorney shall have 15 days
6        to seek appellate review before a subpoena may be
7        issued for the advocate to testify at trial. The
8        presence of the prosecuting attorney at the ex parte
9        in camera proceeding does not make the substance of
10        the advocate's testimony that the court has ruled
11        inadmissible subject to discovery.
12            (B) If a victim has asserted the right to have a
13        support person present at the court proceedings, the
14        victim shall provide the name of the person the victim
15        has chosen to be the victim's support person to the
16        prosecuting attorney, within 60 days of trial. The
17        prosecuting attorney shall provide the name to the
18        defendant. If the defendant intends to call the
19        support person as a witness at trial, the defendant
20        must seek permission of the court before a subpoena is
21        issued. The defendant must file a written motion at
22        least 45 days prior to trial that sets forth
23        specifically the issues on which the support person
24        will testify and an offer of proof regarding: (i) the
25        content of the anticipated testimony of the support
26        person; and (ii) the relevance, admissibility, and

 

 

SB3199- 13 -LRB102 19957 RLC 28736 b

1        materiality of the anticipated testimony.
2            If the prosecuting attorney intends to call the
3        support person as a witness during the State's
4        case-in-chief, the prosecuting attorney shall inform
5        the court of this intent in the response to the
6        defendant's written motion. The victim may choose a
7        different person to be the victim's support person.
8        The court may allow the defendant to inquire about
9        matters outside the scope of the direct examination
10        during cross-examination. If the court allows the
11        defendant to do so, the support person shall be
12        allowed to remain in the courtroom after the support
13        person has testified. A defendant who fails to
14        question the support person about matters outside the
15        scope of direct examination during the State's
16        case-in-chief waives the right to challenge the
17        presence of the support person on appeal. The court
18        shall allow the support person to testify if called as
19        a witness in the defendant's case-in-chief or the
20        State's rebuttal.
21            If the court does not allow the defendant to
22        inquire about matters outside the scope of the direct
23        examination, the support person shall be allowed to
24        remain in the courtroom after the support person has
25        been called by the defendant or the defendant has
26        rested. The court shall allow the support person to

 

 

SB3199- 14 -LRB102 19957 RLC 28736 b

1        testify in the State's rebuttal.
2            If the prosecuting attorney does not intend to
3        call the support person in the State's case-in-chief,
4        the court shall verify with the support person whether
5        the support person, if called as a witness, would
6        testify as set forth in the offer of proof. If the
7        court finds that the support person would testify as
8        set forth in the offer of proof, the court shall rule
9        on the relevance, materiality, and admissibility of
10        the anticipated testimony. If the court rules the
11        anticipated testimony is admissible, the court shall
12        issue the subpoena. The support person may remain in
13        the courtroom after the support person testifies and
14        shall be allowed to testify in rebuttal.
15            If the court excludes the victim's support person
16        during the State's case-in-chief, the victim shall be
17        allowed to choose another support person to be present
18        in court.
19            If the victim fails to designate a support person
20        within 60 days of trial and the defendant has
21        subpoenaed the support person to testify at trial, the
22        court may exclude the support person from the trial
23        until the support person testifies. If the court
24        excludes the support person the victim may choose
25        another person as a support person.
26        (9) Right to notice and hearing before disclosure of

 

 

SB3199- 15 -LRB102 19957 RLC 28736 b

1    confidential or privileged information or records. A
2    defendant who seeks to subpoena records of or concerning
3    the victim that are confidential or privileged by law must
4    seek permission of the court before the subpoena is
5    issued. The defendant must file a written motion and an
6    offer of proof regarding the relevance, admissibility and
7    materiality of the records. If the court finds by a
8    preponderance of the evidence that: (A) the records are
9    not protected by an absolute privilege and (B) the records
10    contain relevant, admissible, and material evidence that
11    is not available through other witnesses or evidence, the
12    court shall issue a subpoena requiring a sealed copy of
13    the records be delivered to the court to be reviewed in
14    camera. If, after conducting an in camera review of the
15    records, the court determines that due process requires
16    disclosure of any portion of the records, the court shall
17    provide copies of what it intends to disclose to the
18    prosecuting attorney and the victim. The prosecuting
19    attorney and the victim shall have 30 days to seek
20    appellate review before the records are disclosed to the
21    defendant. The disclosure of copies of any portion of the
22    records to the prosecuting attorney does not make the
23    records subject to discovery.
24        (10) Right to notice of court proceedings. If the
25    victim is not present at a court proceeding in which a
26    right of the victim is at issue, the court shall ask the

 

 

SB3199- 16 -LRB102 19957 RLC 28736 b

1    prosecuting attorney whether the victim was notified of
2    the time, place, and purpose of the court proceeding and
3    that the victim had a right to be heard at the court
4    proceeding. If the court determines that timely notice was
5    not given or that the victim was not adequately informed
6    of the nature of the court proceeding, the court shall not
7    rule on any substantive issues, accept a plea, or impose a
8    sentence and shall continue the hearing for the time
9    necessary to notify the victim of the time, place and
10    nature of the court proceeding. The time between court
11    proceedings shall not be attributable to the State under
12    Section 103-5 of the Code of Criminal Procedure of 1963.
13        (11) Right to timely disposition of the case. A victim
14    has the right to timely disposition of the case so as to
15    minimize the stress, cost, and inconvenience resulting
16    from the victim's involvement in the case. Before ruling
17    on a motion to continue trial or other court proceeding,
18    the court shall inquire into the circumstances for the
19    request for the delay and, if the victim has provided
20    written notice of the assertion of the right to a timely
21    disposition, and whether the victim objects to the delay.
22    If the victim objects, the prosecutor shall inform the
23    court of the victim's objections. If the prosecutor has
24    not conferred with the victim about the continuance, the
25    prosecutor shall inform the court of the attempts to
26    confer. If the court finds the attempts of the prosecutor

 

 

SB3199- 17 -LRB102 19957 RLC 28736 b

1    to confer with the victim were inadequate to protect the
2    victim's right to be heard, the court shall give the
3    prosecutor at least 3 but not more than 5 business days to
4    confer with the victim. In ruling on a motion to continue,
5    the court shall consider the reasons for the requested
6    continuance, the number and length of continuances that
7    have been granted, the victim's objections and procedures
8    to avoid further delays. If a continuance is granted over
9    the victim's objection, the court shall specify on the
10    record the reasons for the continuance and the procedures
11    that have been or will be taken to avoid further delays.
12        (12) Right to Restitution.
13            (A) If the victim has asserted the right to
14        restitution and the amount of restitution is known at
15        the time of sentencing, the court shall enter the
16        judgment of restitution at the time of sentencing.
17            (B) If the victim has asserted the right to
18        restitution and the amount of restitution is not known
19        at the time of sentencing, the prosecutor shall,
20        within 5 days after sentencing, notify the victim what
21        information and documentation related to restitution
22        is needed and that the information and documentation
23        must be provided to the prosecutor within 45 days
24        after sentencing. Failure to timely provide
25        information and documentation related to restitution
26        shall be deemed a waiver of the right to restitution.

 

 

SB3199- 18 -LRB102 19957 RLC 28736 b

1        The prosecutor shall file and serve within 60 days
2        after sentencing a proposed judgment for restitution
3        and a notice that includes information concerning the
4        identity of any victims or other persons seeking
5        restitution, whether any victim or other person
6        expressly declines restitution, the nature and amount
7        of any damages together with any supporting
8        documentation, a restitution amount recommendation,
9        and the names of any co-defendants and their case
10        numbers. Within 30 days after receipt of the proposed
11        judgment for restitution, the defendant shall file any
12        objection to the proposed judgment, a statement of
13        grounds for the objection, and a financial statement.
14        If the defendant does not file an objection, the court
15        may enter the judgment for restitution without further
16        proceedings. If the defendant files an objection and
17        either party requests a hearing, the court shall
18        schedule a hearing.
19        (13) Access to presentence reports.
20            (A) The victim may request a copy of the
21        presentence report prepared under the Unified Code of
22        Corrections from the State's Attorney. The State's
23        Attorney shall redact the following information before
24        providing a copy of the report:
25                (i) the defendant's mental history and
26            condition;

 

 

SB3199- 19 -LRB102 19957 RLC 28736 b

1                (ii) any evaluation prepared under subsection
2            (b) or (b-5) of Section 5-3-2; and
3                (iii) the name, address, phone number, and
4            other personal information about any other victim.
5            (B) The State's Attorney or the defendant may
6        request the court redact other information in the
7        report that may endanger the safety of any person.
8            (C) The State's Attorney may orally disclose to
9        the victim any of the information that has been
10        redacted if there is a reasonable likelihood that the
11        information will be stated in court at the sentencing.
12            (D) The State's Attorney must advise the victim
13        that the victim must maintain the confidentiality of
14        the report and other information. Any dissemination of
15        the report or information that was not stated at a
16        court proceeding constitutes indirect criminal
17        contempt of court.
18        (14) Appellate relief. If the trial court denies the
19    relief requested, the victim, the victim's attorney, or
20    the prosecuting attorney may file an appeal within 30 days
21    of the trial court's ruling. The trial or appellate court
22    may stay the court proceedings if the court finds that a
23    stay would not violate a constitutional right of the
24    defendant. If the appellate court denies the relief
25    sought, the reasons for the denial shall be clearly stated
26    in a written opinion. In any appeal in a criminal case, the

 

 

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1    State may assert as error the court's denial of any crime
2    victim's right in the proceeding to which the appeal
3    relates.
4        (15) Limitation on appellate relief. In no case shall
5    an appellate court provide a new trial to remedy the
6    violation of a victim's right.
7        (16) The right to be reasonably protected from the
8    accused throughout the criminal justice process and the
9    right to have the safety of the victim and the victim's
10    family considered in denying or fixing the amount of bail,
11    determining whether to release the defendant, and setting
12    conditions of release after arrest and conviction. A
13    victim of domestic violence, a sexual offense, or stalking
14    may request the entry of a protective order under Article
15    112A of the Code of Criminal Procedure of 1963.
16    (d) Procedures after the imposition of sentence.
17        (1) The Prisoner Review Board shall inform a victim or
18    any other concerned citizen, upon written request, of the
19    prisoner's release on parole, mandatory supervised
20    release, electronic detention, work release, international
21    transfer or exchange, or by the custodian, other than the
22    Department of Juvenile Justice, of the discharge of any
23    individual who was adjudicated a delinquent for a crime
24    from State custody and by the sheriff of the appropriate
25    county of any such person's final discharge from county
26    custody. The Prisoner Review Board, upon written request,

 

 

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1    shall provide to a victim or any other concerned citizen a
2    recent photograph of any person convicted of a felony,
3    upon his or her release from custody. The Prisoner Review
4    Board, upon written request, shall inform a victim or any
5    other concerned citizen when feasible at least 7 days
6    prior to the prisoner's release on furlough of the times
7    and dates of such furlough. Upon written request by the
8    victim or any other concerned citizen, the State's
9    Attorney shall notify the person once of the times and
10    dates of release of a prisoner sentenced to periodic
11    imprisonment. Notification shall be based on the most
12    recent information as to victim's or other concerned
13    citizen's residence or other location available to the
14    notifying authority.
15        (1.5) The Prisoner Review Board shall immediately
16    inform a victim of the early release of the prisoner from
17    State custody or of the prisoner's pardon, commutation,
18    furlough, or granting of sentence credit, if the victim
19    has previously requested notification of that information.
20    The notification shall be based upon the most recent
21    information as to the victim's residence or other location
22    available to the Board. When no such information is
23    available, the Board shall make all reasonable efforts to
24    obtain the information and make the notification. This
25    notification requirement is in addition to any
26    notification requirements pursuant to any other statewide

 

 

SB3199- 22 -LRB102 19957 RLC 28736 b

1    victim notification systems. The Board must document
2    notification efforts if that a victim alleges lack of
3    notification under this paragraph (1.5).
4        (2) When the defendant has been committed to the
5    Department of Human Services pursuant to Section 5-2-4 of
6    the Unified Code of Corrections or transferred to the
7    Department of Human Services pursuant to Section 3-8-5 and
8    has not been returned to the Department of Corrections
9    under Section 3-8-6 or any other provision of the Unified
10    Code of Corrections, the victim may request to be notified
11    by the releasing authority of the approval by the court of
12    an on-grounds pass, a supervised off-grounds pass, an
13    unsupervised off-grounds pass, or conditional release; the
14    release on an off-grounds pass; the return from an
15    off-grounds pass; transfer to another facility;
16    conditional release; escape; death; or final discharge
17    from State custody. The Department of Human Services shall
18    establish and maintain a statewide telephone number to be
19    used by victims to make notification requests under these
20    provisions and shall publicize this telephone number on
21    its website and to the State's Attorney of each county.
22        (2.5) When the defendant has been found guilty but
23    mentally ill pursuant to Section 5-2-6 of the Unified Code
24    of Corrections and is granted early release, pardon,
25    commutation, or furlough, the Prisoner Review Board
26    immediately shall notify the victim, if the victim has

 

 

SB3199- 23 -LRB102 19957 RLC 28736 b

1    previously requested notification of that information. The
2    notification shall be based upon the most recent
3    information as to the victim's residence or other location
4    available to the Board. When no such information is
5    available, the Board shall make all reasonable efforts to
6    obtain the information and make the notification. This
7    notification requirement is in addition to any
8    notification requirements pursuant to any other statewide
9    victim notification systems. The Board must document
10    notification efforts if the victim alleges lack of
11    notification under this paragraph (2.5).
12        (3) In the event of an escape from State custody, the
13    Department of Corrections or the Department of Juvenile
14    Justice immediately shall notify the Prisoner Review Board
15    of the escape and the Prisoner Review Board shall notify
16    the victim. The notification shall be based upon the most
17    recent information as to the victim's residence or other
18    location available to the Board. When no such information
19    is available, the Board shall make all reasonable efforts
20    to obtain the information and make the notification. When
21    the escapee is apprehended, the Department of Corrections
22    or the Department of Juvenile Justice immediately shall
23    notify the Prisoner Review Board and the Board shall
24    notify the victim. This notification requirement is in
25    addition to any notification requirements pursuant to any
26    other statewide victim notification systems. The Board

 

 

SB3199- 24 -LRB102 19957 RLC 28736 b

1    must document notification efforts if that victim alleges
2    lack of notification under this paragraph (3).
3        (4) The victim of the crime for which the prisoner has
4    been sentenced has the right to register with the Prisoner
5    Review Board's victim registry. Victims registered with
6    the Board shall receive reasonable written notice not less
7    than 30 days prior to the parole hearing or target
8    aftercare release date. The victim has the right to submit
9    a victim statement for consideration by the Prisoner
10    Review Board or the Department of Juvenile Justice in
11    writing, on film, videotape, or other electronic means, or
12    in the form of a recording prior to the parole hearing or
13    target aftercare release date, or in person at the parole
14    hearing or aftercare release protest hearing, or by
15    calling the toll-free number established in subsection (f)
16    of this Section. The victim shall be notified within 7
17    days after the prisoner has been granted parole or
18    aftercare release and shall be informed of the right to
19    inspect the registry of parole decisions, established
20    under subsection (g) of Section 3-3-5 of the Unified Code
21    of Corrections. The provisions of this paragraph (4) are
22    subject to the Open Parole Hearings Act. Victim statements
23    provided to the Board shall be confidential and
24    privileged, including any statements received prior to
25    January 1, 2020 (the effective date of Public Act
26    101-288), except if the statement was an oral statement

 

 

SB3199- 25 -LRB102 19957 RLC 28736 b

1    made by the victim at a hearing open to the public.
2        (4-1) The crime victim has the right to submit a
3    victim statement for consideration by the Prisoner Review
4    Board or the Department of Juvenile Justice prior to or at
5    a hearing to determine the conditions of mandatory
6    supervised release of a person sentenced to a determinate
7    sentence or at a hearing on revocation of mandatory
8    supervised release of a person sentenced to a determinate
9    sentence. A victim statement may be submitted in writing,
10    on film, videotape, or other electronic means, or in the
11    form of a recording, or orally at a hearing, or by calling
12    the toll-free number established in subsection (f) of this
13    Section. Victim statements provided to the Board shall be
14    confidential and privileged, including any statements
15    received prior to January 1, 2020 (the effective date of
16    Public Act 101-288), except if the statement was an oral
17    statement made by the victim at a hearing open to the
18    public.
19        (4-2) The crime victim has the right to submit a
20    victim statement to the Prisoner Review Board for
21    consideration at an executive clemency hearing as provided
22    in Section 3-3-13 of the Unified Code of Corrections. A
23    victim statement may be submitted in writing, on film,
24    videotape, or other electronic means, or in the form of a
25    recording prior to a hearing, or orally at a hearing, or by
26    calling the toll-free number established in subsection (f)

 

 

SB3199- 26 -LRB102 19957 RLC 28736 b

1    of this Section. Victim statements provided to the Board
2    shall be confidential and privileged, including any
3    statements received prior to January 1, 2020 (the
4    effective date of Public Act 101-288), except if the
5    statement was an oral statement made by the victim at a
6    hearing open to the public.
7        (5) If a statement is presented under Section 6, the
8    Prisoner Review Board or Department of Juvenile Justice
9    shall inform the victim of any order of discharge pursuant
10    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
11    Corrections.
12        (6) At the written or oral request of the victim of the
13    crime for which the prisoner was sentenced or the State's
14    Attorney of the county where the person seeking parole or
15    aftercare release was prosecuted, the Prisoner Review
16    Board or Department of Juvenile Justice shall notify the
17    victim and the State's Attorney of the county where the
18    person seeking parole or aftercare release was prosecuted
19    of the death of the prisoner if the prisoner died while on
20    parole or aftercare release or mandatory supervised
21    release.
22        (7) When a defendant who has been committed to the
23    Department of Corrections, the Department of Juvenile
24    Justice, or the Department of Human Services is released
25    or discharged and subsequently committed to the Department
26    of Human Services as a sexually violent person and the

 

 

SB3199- 27 -LRB102 19957 RLC 28736 b

1    victim had requested to be notified by the releasing
2    authority of the defendant's discharge, conditional
3    release, death, or escape from State custody, the
4    releasing authority shall provide to the Department of
5    Human Services such information that would allow the
6    Department of Human Services to contact the victim.
7        (8) When a defendant has been convicted of a sex
8    offense as defined in Section 2 of the Sex Offender
9    Registration Act and has been sentenced to the Department
10    of Corrections or the Department of Juvenile Justice, the
11    Prisoner Review Board or the Department of Juvenile
12    Justice shall notify the victim of the sex offense of the
13    prisoner's eligibility for release on parole, aftercare
14    release, mandatory supervised release, electronic
15    detention, work release, international transfer or
16    exchange, or by the custodian of the discharge of any
17    individual who was adjudicated a delinquent for a sex
18    offense from State custody and by the sheriff of the
19    appropriate county of any such person's final discharge
20    from county custody. The notification shall be made to the
21    victim at least 30 days, whenever possible, before release
22    of the sex offender.
23    (e) The officials named in this Section may satisfy some
24or all of their obligations to provide notices and other
25information through participation in a statewide victim and
26witness notification system established by the Attorney

 

 

SB3199- 28 -LRB102 19957 RLC 28736 b

1General under Section 8.5 of this Act.
2    (f) The Prisoner Review Board shall establish a toll-free
3number that may be accessed by the crime victim to present a
4victim statement to the Board in accordance with paragraphs
5(4), (4-1), and (4-2) of subsection (d).
6(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
7102-22, eff. 6-25-21; 102-558, eff. 8-20-21.)
 
8    (Text of Section after amendment by P.A. 101-652)
9    Sec. 4.5. Procedures to implement the rights of crime
10victims. To afford crime victims their rights, law
11enforcement, prosecutors, judges, and corrections will provide
12information, as appropriate, of the following procedures:
13    (a) At the request of the crime victim, law enforcement
14authorities investigating the case shall provide notice of the
15status of the investigation, except where the State's Attorney
16determines that disclosure of such information would
17unreasonably interfere with the investigation, until such time
18as the alleged assailant is apprehended or the investigation
19is closed.
20    (a-5) When law enforcement authorities reopen a closed
21case to resume investigating, they shall provide notice of the
22reopening of the case, except where the State's Attorney
23determines that disclosure of such information would
24unreasonably interfere with the investigation.
25    (b) The office of the State's Attorney:

 

 

SB3199- 29 -LRB102 19957 RLC 28736 b

1        (1) shall provide notice of the filing of an
2    information, the return of an indictment, or the filing of
3    a petition to adjudicate a minor as a delinquent for a
4    violent crime;
5        (2) shall provide timely notice of the date, time, and
6    place of court proceedings; of any change in the date,
7    time, and place of court proceedings; and of any
8    cancellation of court proceedings. Notice shall be
9    provided in sufficient time, wherever possible, for the
10    victim to make arrangements to attend or to prevent an
11    unnecessary appearance at court proceedings;
12        (3) or victim advocate personnel shall provide
13    information of social services and financial assistance
14    available for victims of crime, including information of
15    how to apply for these services and assistance;
16        (3.5) or victim advocate personnel shall provide
17    information about available victim services, including
18    referrals to programs, counselors, and agencies that
19    assist a victim to deal with trauma, loss, and grief;
20        (4) shall assist in having any stolen or other
21    personal property held by law enforcement authorities for
22    evidentiary or other purposes returned as expeditiously as
23    possible, pursuant to the procedures set out in Section
24    115-9 of the Code of Criminal Procedure of 1963;
25        (5) or victim advocate personnel shall provide
26    appropriate employer intercession services to ensure that

 

 

SB3199- 30 -LRB102 19957 RLC 28736 b

1    employers of victims will cooperate with the criminal
2    justice system in order to minimize an employee's loss of
3    pay and other benefits resulting from court appearances;
4        (6) shall provide, whenever possible, a secure waiting
5    area during court proceedings that does not require
6    victims to be in close proximity to defendants or
7    juveniles accused of a violent crime, and their families
8    and friends;
9        (7) shall provide notice to the crime victim of the
10    right to have a translator present at all court
11    proceedings and, in compliance with the federal Americans
12    with Disabilities Act of 1990, the right to communications
13    access through a sign language interpreter or by other
14    means;
15        (8) (blank);
16        (8.5) shall inform the victim of the right to be
17    present at all court proceedings, unless the victim is to
18    testify and the court determines that the victim's
19    testimony would be materially affected if the victim hears
20    other testimony at trial;
21        (9) shall inform the victim of the right to have
22    present at all court proceedings, subject to the rules of
23    evidence and confidentiality, an advocate and other
24    support person of the victim's choice;
25        (9.3) shall inform the victim of the right to retain
26    an attorney, at the victim's own expense, who, upon

 

 

SB3199- 31 -LRB102 19957 RLC 28736 b

1    written notice filed with the clerk of the court and
2    State's Attorney, is to receive copies of all notices,
3    motions, and court orders filed thereafter in the case, in
4    the same manner as if the victim were a named party in the
5    case;
6        (9.5) shall inform the victim of (A) the victim's
7    right under Section 6 of this Act to make a statement at
8    the sentencing hearing; (B) the right of the victim's
9    spouse, guardian, parent, grandparent, and other immediate
10    family and household members under Section 6 of this Act
11    to present a statement at sentencing; and (C) if a
12    presentence report is to be prepared, the right of the
13    victim's spouse, guardian, parent, grandparent, and other
14    immediate family and household members to submit
15    information to the preparer of the presentence report
16    about the effect the offense has had on the victim and the
17    person;
18        (10) at the sentencing shall make a good faith attempt
19    to explain the minimum amount of time during which the
20    defendant may actually be physically imprisoned. The
21    Office of the State's Attorney shall further notify the
22    crime victim of the right to request from the Prisoner
23    Review Board or Department of Juvenile Justice information
24    concerning the release of the defendant;
25        (11) shall request restitution at sentencing and as
26    part of a plea agreement if the victim requests

 

 

SB3199- 32 -LRB102 19957 RLC 28736 b

1    restitution;
2        (12) shall, upon the court entering a verdict of not
3    guilty by reason of insanity, inform the victim of the
4    notification services available from the Department of
5    Human Services, including the statewide telephone number,
6    under subparagraph (d)(2) of this Section;
7        (13) shall provide notice within a reasonable time
8    after receipt of notice from the custodian, of the release
9    of the defendant on pretrial release or personal
10    recognizance or the release from detention of a minor who
11    has been detained;
12        (14) shall explain in nontechnical language the
13    details of any plea or verdict of a defendant, or any
14    adjudication of a juvenile as a delinquent;
15        (15) shall make all reasonable efforts to consult with
16    the crime victim before the Office of the State's Attorney
17    makes an offer of a plea bargain to the defendant or enters
18    into negotiations with the defendant concerning a possible
19    plea agreement, and shall consider the written statement,
20    if prepared prior to entering into a plea agreement. The
21    right to consult with the prosecutor does not include the
22    right to veto a plea agreement or to insist the case go to
23    trial. If the State's Attorney has not consulted with the
24    victim prior to making an offer or entering into plea
25    negotiations with the defendant, the Office of the State's
26    Attorney shall notify the victim of the offer or the

 

 

SB3199- 33 -LRB102 19957 RLC 28736 b

1    negotiations within 2 business days and confer with the
2    victim;
3        (16) shall provide notice of the ultimate disposition
4    of the cases arising from an indictment or an information,
5    or a petition to have a juvenile adjudicated as a
6    delinquent for a violent crime;
7        (17) shall provide notice of any appeal taken by the
8    defendant and information on how to contact the
9    appropriate agency handling the appeal, and how to request
10    notice of any hearing, oral argument, or decision of an
11    appellate court;
12        (18) shall provide timely notice of any request for
13    post-conviction review filed by the defendant under
14    Article 122 of the Code of Criminal Procedure of 1963, and
15    of the date, time and place of any hearing concerning the
16    petition. Whenever possible, notice of the hearing shall
17    be given within 48 hours of the court's scheduling of the
18    hearing;
19        (19) shall forward a copy of any statement presented
20    under Section 6 to the Prisoner Review Board or Department
21    of Juvenile Justice to be considered in making a
22    determination under Section 3-2.5-85 or subsection (b) of
23    Section 3-3-8 of the Unified Code of Corrections;
24        (20) shall, within a reasonable time, offer to meet
25    with the crime victim regarding the decision of the
26    State's Attorney not to charge an offense, and shall meet

 

 

SB3199- 34 -LRB102 19957 RLC 28736 b

1    with the victim, if the victim agrees. The victim has a
2    right to have an attorney, advocate, and other support
3    person of the victim's choice attend this meeting with the
4    victim; and
5        (21) shall give the crime victim timely notice of any
6    decision not to pursue charges and consider the safety of
7    the victim when deciding how to give such notice.
8    (c) The court shall ensure that the rights of the victim
9are afforded.
10    (c-5) The following procedures shall be followed to afford
11victims the rights guaranteed by Article I, Section 8.1 of the
12Illinois Constitution:
13        (1) Written notice. A victim may complete a written
14    notice of intent to assert rights on a form prepared by the
15    Office of the Attorney General and provided to the victim
16    by the State's Attorney. The victim may at any time
17    provide a revised written notice to the State's Attorney.
18    The State's Attorney shall file the written notice with
19    the court. At the beginning of any court proceeding in
20    which the right of a victim may be at issue, the court and
21    prosecutor shall review the written notice to determine
22    whether the victim has asserted the right that may be at
23    issue.
24        (2) Victim's retained attorney. A victim's attorney
25    shall file an entry of appearance limited to assertion of
26    the victim's rights. Upon the filing of the entry of

 

 

SB3199- 35 -LRB102 19957 RLC 28736 b

1    appearance and service on the State's Attorney and the
2    defendant, the attorney is to receive copies of all
3    notices, motions and court orders filed thereafter in the
4    case.
5        (3) Standing. The victim has standing to assert the
6    rights enumerated in subsection (a) of Article I, Section
7    8.1 of the Illinois Constitution and the statutory rights
8    under Section 4 of this Act in any court exercising
9    jurisdiction over the criminal case. The prosecuting
10    attorney, a victim, or the victim's retained attorney may
11    assert the victim's rights. The defendant in the criminal
12    case has no standing to assert a right of the victim in any
13    court proceeding, including on appeal.
14        (4) Assertion of and enforcement of rights.
15            (A) The prosecuting attorney shall assert a
16        victim's right or request enforcement of a right by
17        filing a motion or by orally asserting the right or
18        requesting enforcement in open court in the criminal
19        case outside the presence of the jury. The prosecuting
20        attorney shall consult with the victim and the
21        victim's attorney regarding the assertion or
22        enforcement of a right. If the prosecuting attorney
23        decides not to assert or enforce a victim's right, the
24        prosecuting attorney shall notify the victim or the
25        victim's attorney in sufficient time to allow the
26        victim or the victim's attorney to assert the right or

 

 

SB3199- 36 -LRB102 19957 RLC 28736 b

1        to seek enforcement of a right.
2            (B) If the prosecuting attorney elects not to
3        assert a victim's right or to seek enforcement of a
4        right, the victim or the victim's attorney may assert
5        the victim's right or request enforcement of a right
6        by filing a motion or by orally asserting the right or
7        requesting enforcement in open court in the criminal
8        case outside the presence of the jury.
9            (C) If the prosecuting attorney asserts a victim's
10        right or seeks enforcement of a right, unless the
11        prosecuting attorney objects or the trial court does
12        not allow it, the victim or the victim's attorney may
13        be heard regarding the prosecuting attorney's motion
14        or may file a simultaneous motion to assert or request
15        enforcement of the victim's right. If the victim or
16        the victim's attorney was not allowed to be heard at
17        the hearing regarding the prosecuting attorney's
18        motion, and the court denies the prosecuting
19        attorney's assertion of the right or denies the
20        request for enforcement of a right, the victim or
21        victim's attorney may file a motion to assert the
22        victim's right or to request enforcement of the right
23        within 10 days of the court's ruling. The motion need
24        not demonstrate the grounds for a motion for
25        reconsideration. The court shall rule on the merits of
26        the motion.

 

 

SB3199- 37 -LRB102 19957 RLC 28736 b

1            (D) The court shall take up and decide any motion
2        or request asserting or seeking enforcement of a
3        victim's right without delay, unless a specific time
4        period is specified by law or court rule. The reasons
5        for any decision denying the motion or request shall
6        be clearly stated on the record.
7            (E) No later than January 1, 2023, the Office of
8        the Attorney General shall:
9                (i) designate an administrative authority
10            within the Office of the Attorney General to
11            receive and investigate complaints relating to the
12            provision or violation of the rights of a crime
13            victim as described in Article I, Section 8.1 of
14            the Illinois Constitution and in this Act;
15                (ii) create and administer a course of
16            training for employees and offices of the State of
17            Illinois that fail to comply with provisions of
18            Illinois law pertaining to the treatment of crime
19            victims as described in Article I, Section 8.1 of
20            the Illinois Constitution and in this Act as
21            required by the court under Section 5 of this Act;
22            and
23                (iii) have the authority to make
24            recommendations to employees and offices of the
25            State of Illinois to respond more effectively to
26            the needs of crime victims, including regarding

 

 

SB3199- 38 -LRB102 19957 RLC 28736 b

1            the violation of the rights of a crime victim.
2            (F) Crime victims' rights may also be asserted by
3        filing a complaint for mandamus, injunctive, or
4        declaratory relief in the jurisdiction in which the
5        victim's right is being violated or where the crime is
6        being prosecuted. For complaints or motions filed by
7        or on behalf of the victim, the clerk of court shall
8        waive filing fees that would otherwise be owed by the
9        victim for any court filing with the purpose of
10        enforcing crime victims' rights. If the court denies
11        the relief sought by the victim, the reasons for the
12        denial shall be clearly stated on the record in the
13        transcript of the proceedings, in a written opinion,
14        or in the docket entry, and the victim may appeal the
15        circuit court's decision to the appellate court. The
16        court shall issue prompt rulings regarding victims'
17        rights. Proceedings seeking to enforce victims' rights
18        shall not be stayed or subject to unreasonable delay
19        via continuances.
20        (5) Violation of rights and remedies.
21            (A) If the court determines that a victim's right
22        has been violated, the court shall determine the
23        appropriate remedy for the violation of the victim's
24        right by hearing from the victim and the parties,
25        considering all factors relevant to the issue, and
26        then awarding appropriate relief to the victim.

 

 

SB3199- 39 -LRB102 19957 RLC 28736 b

1            (A-5) Consideration of an issue of a substantive
2        nature or an issue that implicates the constitutional
3        or statutory right of a victim at a court proceeding
4        labeled as a status hearing shall constitute a per se
5        violation of a victim's right.
6            (B) The appropriate remedy shall include only
7        actions necessary to provide the victim the right to
8        which the victim was entitled. Remedies may include,
9        but are not limited to: injunctive relief requiring
10        the victim's right to be afforded; declaratory
11        judgment recognizing or clarifying the victim's
12        rights; a writ of mandamus; and may include reopening
13        previously held proceedings; however, in no event
14        shall the court vacate a conviction. Any remedy shall
15        be tailored to provide the victim an appropriate
16        remedy without violating any constitutional right of
17        the defendant. In no event shall the appropriate
18        remedy to the victim be a new trial or damages.
19        The court shall impose a mandatory training course
20    provided by the Attorney General for the employee under
21    item (ii) of subparagraph (E) of paragraph (4), which must
22    be successfully completed within 6 months of the entry of
23    the court order.
24        This paragraph (5) takes effect January 2, 2023.
25        (6) Right to be heard. Whenever a victim has the right
26    to be heard, the court shall allow the victim to exercise

 

 

SB3199- 40 -LRB102 19957 RLC 28736 b

1    the right in any reasonable manner the victim chooses.
2        (7) Right to attend trial. A party must file a written
3    motion to exclude a victim from trial at least 60 days
4    prior to the date set for trial. The motion must state with
5    specificity the reason exclusion is necessary to protect a
6    constitutional right of the party, and must contain an
7    offer of proof. The court shall rule on the motion within
8    30 days. If the motion is granted, the court shall set
9    forth on the record the facts that support its finding
10    that the victim's testimony will be materially affected if
11    the victim hears other testimony at trial.
12        (8) Right to have advocate and support person present
13    at court proceedings.
14            (A) A party who intends to call an advocate as a
15        witness at trial must seek permission of the court
16        before the subpoena is issued. The party must file a
17        written motion at least 90 days before trial that sets
18        forth specifically the issues on which the advocate's
19        testimony is sought and an offer of proof regarding
20        (i) the content of the anticipated testimony of the
21        advocate; and (ii) the relevance, admissibility, and
22        materiality of the anticipated testimony. The court
23        shall consider the motion and make findings within 30
24        days of the filing of the motion. If the court finds by
25        a preponderance of the evidence that: (i) the
26        anticipated testimony is not protected by an absolute

 

 

SB3199- 41 -LRB102 19957 RLC 28736 b

1        privilege; and (ii) the anticipated testimony contains
2        relevant, admissible, and material evidence that is
3        not available through other witnesses or evidence, the
4        court shall issue a subpoena requiring the advocate to
5        appear to testify at an in camera hearing. The
6        prosecuting attorney and the victim shall have 15 days
7        to seek appellate review before the advocate is
8        required to testify at an ex parte in camera
9        proceeding.
10            The prosecuting attorney, the victim, and the
11        advocate's attorney shall be allowed to be present at
12        the ex parte in camera proceeding. If, after
13        conducting the ex parte in camera hearing, the court
14        determines that due process requires any testimony
15        regarding confidential or privileged information or
16        communications, the court shall provide to the
17        prosecuting attorney, the victim, and the advocate's
18        attorney a written memorandum on the substance of the
19        advocate's testimony. The prosecuting attorney, the
20        victim, and the advocate's attorney shall have 15 days
21        to seek appellate review before a subpoena may be
22        issued for the advocate to testify at trial. The
23        presence of the prosecuting attorney at the ex parte
24        in camera proceeding does not make the substance of
25        the advocate's testimony that the court has ruled
26        inadmissible subject to discovery.

 

 

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1            (B) If a victim has asserted the right to have a
2        support person present at the court proceedings, the
3        victim shall provide the name of the person the victim
4        has chosen to be the victim's support person to the
5        prosecuting attorney, within 60 days of trial. The
6        prosecuting attorney shall provide the name to the
7        defendant. If the defendant intends to call the
8        support person as a witness at trial, the defendant
9        must seek permission of the court before a subpoena is
10        issued. The defendant must file a written motion at
11        least 45 days prior to trial that sets forth
12        specifically the issues on which the support person
13        will testify and an offer of proof regarding: (i) the
14        content of the anticipated testimony of the support
15        person; and (ii) the relevance, admissibility, and
16        materiality of the anticipated testimony.
17            If the prosecuting attorney intends to call the
18        support person as a witness during the State's
19        case-in-chief, the prosecuting attorney shall inform
20        the court of this intent in the response to the
21        defendant's written motion. The victim may choose a
22        different person to be the victim's support person.
23        The court may allow the defendant to inquire about
24        matters outside the scope of the direct examination
25        during cross-examination. If the court allows the
26        defendant to do so, the support person shall be

 

 

SB3199- 43 -LRB102 19957 RLC 28736 b

1        allowed to remain in the courtroom after the support
2        person has testified. A defendant who fails to
3        question the support person about matters outside the
4        scope of direct examination during the State's
5        case-in-chief waives the right to challenge the
6        presence of the support person on appeal. The court
7        shall allow the support person to testify if called as
8        a witness in the defendant's case-in-chief or the
9        State's rebuttal.
10            If the court does not allow the defendant to
11        inquire about matters outside the scope of the direct
12        examination, the support person shall be allowed to
13        remain in the courtroom after the support person has
14        been called by the defendant or the defendant has
15        rested. The court shall allow the support person to
16        testify in the State's rebuttal.
17            If the prosecuting attorney does not intend to
18        call the support person in the State's case-in-chief,
19        the court shall verify with the support person whether
20        the support person, if called as a witness, would
21        testify as set forth in the offer of proof. If the
22        court finds that the support person would testify as
23        set forth in the offer of proof, the court shall rule
24        on the relevance, materiality, and admissibility of
25        the anticipated testimony. If the court rules the
26        anticipated testimony is admissible, the court shall

 

 

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1        issue the subpoena. The support person may remain in
2        the courtroom after the support person testifies and
3        shall be allowed to testify in rebuttal.
4            If the court excludes the victim's support person
5        during the State's case-in-chief, the victim shall be
6        allowed to choose another support person to be present
7        in court.
8            If the victim fails to designate a support person
9        within 60 days of trial and the defendant has
10        subpoenaed the support person to testify at trial, the
11        court may exclude the support person from the trial
12        until the support person testifies. If the court
13        excludes the support person the victim may choose
14        another person as a support person.
15        (9) Right to notice and hearing before disclosure of
16    confidential or privileged information or records.
17            (A) A defendant who seeks to subpoena testimony or
18        records of or concerning the victim that are
19        confidential or privileged by law must seek permission
20        of the court before the subpoena is issued. The
21        defendant must file a written motion and an offer of
22        proof regarding the relevance, admissibility and
23        materiality of the testimony or records. If the court
24        finds by a preponderance of the evidence that:
25                (i) the testimony or records are not protected
26            by an absolute privilege and

 

 

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1                (ii) the testimony or records contain
2            relevant, admissible, and material evidence that
3            is not available through other witnesses or
4            evidence, the court shall issue a subpoena
5            requiring the witness to appear in camera or a
6            sealed copy of the records be delivered to the
7            court to be reviewed in camera. If, after
8            conducting an in camera review of the witness
9            statement or records, the court determines that
10            due process requires disclosure of any potential
11            testimony or any portion of the records, the court
12            shall provide copies of the records that it
13            intends to disclose to the prosecuting attorney
14            and the victim. The prosecuting attorney and the
15            victim shall have 30 days to seek appellate review
16            before the records are disclosed to the defendant,
17            used in any court proceeding, or disclosed to
18            anyone or in any way that would subject the
19            testimony or records to public review. The
20            disclosure of copies of any portion of the
21            testimony or records to the prosecuting attorney
22            under this Section does not make the records
23            subject to discovery or required to be provided to
24            the defendant.
25            (B) A prosecuting attorney who seeks to subpoena
26        information or records concerning the victim that are

 

 

SB3199- 46 -LRB102 19957 RLC 28736 b

1        confidential or privileged by law must first request
2        the written consent of the crime victim. If the victim
3        does not provide such written consent, including where
4        necessary the appropriate signed document required for
5        waiving privilege, the prosecuting attorney must serve
6        the subpoena at least 21 days prior to the date a
7        response or appearance is required to allow the
8        subject of the subpoena time to file a motion to quash
9        or request a hearing. The prosecuting attorney must
10        also send a written notice to the victim at least 21
11        days prior to the response date to allow the victim to
12        file a motion or request a hearing. The notice to the
13        victim shall inform the victim (i) that a subpoena has
14        been issued for confidential information or records
15        concerning the victim, (ii) that the victim has the
16        right to request a hearing prior to the response date
17        of the subpoena, and (iii) how to request the hearing.
18        The notice to the victim shall also include a copy of
19        the subpoena. If requested, a hearing regarding the
20        subpoena shall occur before information or records are
21        provided to the prosecuting attorney.
22        (10) Right to notice of court proceedings. If the
23    victim is not present at a court proceeding in which a
24    right of the victim is at issue, the court shall ask the
25    prosecuting attorney whether the victim was notified of
26    the time, place, and purpose of the court proceeding and

 

 

SB3199- 47 -LRB102 19957 RLC 28736 b

1    that the victim had a right to be heard at the court
2    proceeding. If the court determines that timely notice was
3    not given or that the victim was not adequately informed
4    of the nature of the court proceeding, the court shall not
5    rule on any substantive issues, accept a plea, or impose a
6    sentence and shall continue the hearing for the time
7    necessary to notify the victim of the time, place and
8    nature of the court proceeding. The time between court
9    proceedings shall not be attributable to the State under
10    Section 103-5 of the Code of Criminal Procedure of 1963.
11        (11) Right to timely disposition of the case. A victim
12    has the right to timely disposition of the case so as to
13    minimize the stress, cost, and inconvenience resulting
14    from the victim's involvement in the case. Before ruling
15    on a motion to continue trial or other court proceeding,
16    the court shall inquire into the circumstances for the
17    request for the delay and, if the victim has provided
18    written notice of the assertion of the right to a timely
19    disposition, and whether the victim objects to the delay.
20    If the victim objects, the prosecutor shall inform the
21    court of the victim's objections. If the prosecutor has
22    not conferred with the victim about the continuance, the
23    prosecutor shall inform the court of the attempts to
24    confer. If the court finds the attempts of the prosecutor
25    to confer with the victim were inadequate to protect the
26    victim's right to be heard, the court shall give the

 

 

SB3199- 48 -LRB102 19957 RLC 28736 b

1    prosecutor at least 3 but not more than 5 business days to
2    confer with the victim. In ruling on a motion to continue,
3    the court shall consider the reasons for the requested
4    continuance, the number and length of continuances that
5    have been granted, the victim's objections and procedures
6    to avoid further delays. If a continuance is granted over
7    the victim's objection, the court shall specify on the
8    record the reasons for the continuance and the procedures
9    that have been or will be taken to avoid further delays.
10        (12) Right to Restitution.
11            (A) If the victim has asserted the right to
12        restitution and the amount of restitution is known at
13        the time of sentencing, the court shall enter the
14        judgment of restitution at the time of sentencing.
15            (B) If the victim has asserted the right to
16        restitution and the amount of restitution is not known
17        at the time of sentencing, the prosecutor shall,
18        within 5 days after sentencing, notify the victim what
19        information and documentation related to restitution
20        is needed and that the information and documentation
21        must be provided to the prosecutor within 45 days
22        after sentencing. Failure to timely provide
23        information and documentation related to restitution
24        shall be deemed a waiver of the right to restitution.
25        The prosecutor shall file and serve within 60 days
26        after sentencing a proposed judgment for restitution

 

 

SB3199- 49 -LRB102 19957 RLC 28736 b

1        and a notice that includes information concerning the
2        identity of any victims or other persons seeking
3        restitution, whether any victim or other person
4        expressly declines restitution, the nature and amount
5        of any damages together with any supporting
6        documentation, a restitution amount recommendation,
7        and the names of any co-defendants and their case
8        numbers. Within 30 days after receipt of the proposed
9        judgment for restitution, the defendant shall file any
10        objection to the proposed judgment, a statement of
11        grounds for the objection, and a financial statement.
12        If the defendant does not file an objection, the court
13        may enter the judgment for restitution without further
14        proceedings. If the defendant files an objection and
15        either party requests a hearing, the court shall
16        schedule a hearing.
17        (13) Access to presentence reports.
18            (A) The victim may request a copy of the
19        presentence report prepared under the Unified Code of
20        Corrections from the State's Attorney. The State's
21        Attorney shall redact the following information before
22        providing a copy of the report:
23                (i) the defendant's mental history and
24            condition;
25                (ii) any evaluation prepared under subsection
26            (b) or (b-5) of Section 5-3-2; and

 

 

SB3199- 50 -LRB102 19957 RLC 28736 b

1                (iii) the name, address, phone number, and
2            other personal information about any other victim.
3            (B) The State's Attorney or the defendant may
4        request the court redact other information in the
5        report that may endanger the safety of any person.
6            (C) The State's Attorney may orally disclose to
7        the victim any of the information that has been
8        redacted if there is a reasonable likelihood that the
9        information will be stated in court at the sentencing.
10            (D) The State's Attorney must advise the victim
11        that the victim must maintain the confidentiality of
12        the report and other information. Any dissemination of
13        the report or information that was not stated at a
14        court proceeding constitutes indirect criminal
15        contempt of court.
16        (14) Appellate relief. If the trial court denies the
17    relief requested, the victim, the victim's attorney, or
18    the prosecuting attorney may file an appeal within 30 days
19    of the trial court's ruling. The trial or appellate court
20    may stay the court proceedings if the court finds that a
21    stay would not violate a constitutional right of the
22    defendant. If the appellate court denies the relief
23    sought, the reasons for the denial shall be clearly stated
24    in a written opinion. In any appeal in a criminal case, the
25    State may assert as error the court's denial of any crime
26    victim's right in the proceeding to which the appeal

 

 

SB3199- 51 -LRB102 19957 RLC 28736 b

1    relates.
2        (15) Limitation on appellate relief. In no case shall
3    an appellate court provide a new trial to remedy the
4    violation of a victim's right.
5        (16) The right to be reasonably protected from the
6    accused throughout the criminal justice process and the
7    right to have the safety of the victim and the victim's
8    family considered in determining whether to release the
9    defendant, and setting conditions of release after arrest
10    and conviction. A victim of domestic violence, a sexual
11    offense, or stalking may request the entry of a protective
12    order under Article 112A of the Code of Criminal Procedure
13    of 1963.
14    (d) Procedures after the imposition of sentence.
15        (1) The Prisoner Review Board shall inform a victim or
16    any other concerned citizen, upon written request, of the
17    prisoner's release on parole, mandatory supervised
18    release, electronic detention, work release, international
19    transfer or exchange, or by the custodian, other than the
20    Department of Juvenile Justice, of the discharge of any
21    individual who was adjudicated a delinquent for a crime
22    from State custody and by the sheriff of the appropriate
23    county of any such person's final discharge from county
24    custody. The Prisoner Review Board, upon written request,
25    shall provide to a victim or any other concerned citizen a
26    recent photograph of any person convicted of a felony,

 

 

SB3199- 52 -LRB102 19957 RLC 28736 b

1    upon his or her release from custody. The Prisoner Review
2    Board, upon written request, shall inform a victim or any
3    other concerned citizen when feasible at least 7 days
4    prior to the prisoner's release on furlough of the times
5    and dates of such furlough. Upon written request by the
6    victim or any other concerned citizen, the State's
7    Attorney shall notify the person once of the times and
8    dates of release of a prisoner sentenced to periodic
9    imprisonment. Notification shall be based on the most
10    recent information as to victim's or other concerned
11    citizen's residence or other location available to the
12    notifying authority.
13        (1.5) The Prisoner Review Board shall immediately
14    inform a victim of the early release of the prisoner from
15    State custody or of the prisoner's pardon, commutation,
16    furlough, or granting of sentence credit, if the victim
17    has previously requested notification of the prisoner's
18    release. The notification shall be based upon the most
19    recent information as to the victim's residence or other
20    location available to the Board. When no such information
21    is available, the Board shall make all reasonable efforts
22    to obtain the information and make the notification. This
23    notification requirement is in addition to any
24    notification requirements pursuant to any other statewide
25    victim notification systems. The Board must document
26    notification efforts if that a victim alleges lack of

 

 

SB3199- 53 -LRB102 19957 RLC 28736 b

1    notification under this paragraph (1.5).
2        (2) When the defendant has been committed to the
3    Department of Human Services pursuant to Section 5-2-4 of
4    the Unified Code of Corrections or transferred to the
5    Department of Human Services under
     Section 3-8-5 and
    has
6    not been returned to the Department of Corrections under
7    Section 3-8-6 or any other provision of the Unified Code
8    of Corrections, the victim may request to be notified by
9    the releasing authority of the approval by the court of an
10    on-grounds pass, a supervised off-grounds pass, an
11    unsupervised off-grounds pass, or conditional release; the
12    release on an off-grounds pass; the return from an
13    off-grounds pass; transfer to another facility;
14    conditional release; escape; death; or final discharge
15    from State custody. The Department of Human Services shall
16    establish and maintain a statewide telephone number to be
17    used by victims to make notification requests under these
18    provisions and shall publicize this telephone number on
19    its website and to the State's Attorney of each county.
20        (2.5) When the defendant has been found guilty but
21    mentally ill pursuant to Section 5-2-6 of the Unified Code
22    of Corrections and is granted early release, pardon,
23    commutation, or furlough, the Prisoner Review Board
24    immediately shall notify the victim, if the victim has
25    previously requested notification of that information
    . The
26    notification shall be based upon the most recent

 

 

SB3199- 54 -LRB102 19957 RLC 28736 b

1    information as to the victim's residence or other location
2    available to the Board. When no such information is
3    available, the Board shall make all reasonable efforts to
4    obtain the information and make the notification. This
5    notification requirement is
    in addition to any
6    notification requirements pursuant to any other statewide
7    victim notification systems. The Board must document
8    notification efforts if the victim alleges lack of
9    notification under this paragraph (2.5).
10        (3) In the event of an escape from State custody, the
11    Department of Corrections or the Department of Juvenile
12    Justice immediately shall notify the Prisoner Review Board
13    of the escape and the Prisoner Review Board shall notify
14    the victim. The notification shall be based upon the most
15    recent information as to the victim's residence or other
16    location available to the Board. When no such information
17    is available, the Board shall make all reasonable efforts
18    to obtain the information and make the notification. When
19    the escapee is apprehended, the Department of Corrections
20    or the Department of Juvenile Justice immediately shall
21    notify the Prisoner Review Board and the Board shall
22    notify the victim. This notification requirement is in
23    addition to any notification requirements pursuant to any
24    other statewide victim notification systems. The Board
25    must document notification efforts if that victim alleges
26    lack of notification under this paragraph (3).

 

 

SB3199- 55 -LRB102 19957 RLC 28736 b

1        (4) The victim of the crime for which the prisoner has
2    been sentenced has the right to register with the Prisoner
3    Review Board's victim registry. Victims registered with
4    the Board shall receive reasonable written notice not less
5    than 30 days prior to the parole hearing or target
6    aftercare release date. The victim has the right to submit
7    a victim statement for consideration by the Prisoner
8    Review Board or the Department of Juvenile Justice in
9    writing, on film, videotape, or other electronic means, or
10    in the form of a recording prior to the parole hearing or
11    target aftercare release date, or in person at the parole
12    hearing or aftercare release protest hearing, or by
13    calling the toll-free number established in subsection (f)
14    of this Section. The victim shall be notified within 7
15    days after the prisoner has been granted parole or
16    aftercare release and shall be informed of the right to
17    inspect the registry of parole decisions, established
18    under subsection (g) of Section 3-3-5 of the Unified Code
19    of Corrections. The provisions of this paragraph (4) are
20    subject to the Open Parole Hearings Act. Victim statements
21    provided to the Board shall be confidential and
22    privileged, including any statements received prior to
23    January 1, 2020 (the effective date of Public Act
24    101-288), except if the statement was an oral statement
25    made by the victim at a hearing open to the public.
26        (4-1) The crime victim has the right to submit a

 

 

SB3199- 56 -LRB102 19957 RLC 28736 b

1    victim statement for consideration by the Prisoner Review
2    Board or the Department of Juvenile Justice prior to or at
3    a hearing to determine the conditions of mandatory
4    supervised release of a person sentenced to a determinate
5    sentence or at a hearing on revocation of mandatory
6    supervised release of a person sentenced to a determinate
7    sentence. A victim statement may be submitted in writing,
8    on film, videotape, or other electronic means, or in the
9    form of a recording, or orally at a hearing, or by calling
10    the toll-free number established in subsection (f) of this
11    Section. Victim statements provided to the Board shall be
12    confidential and privileged, including any statements
13    received prior to January 1, 2020 (the effective date of
14    Public Act 101-288), except if the statement was an oral
15    statement made by the victim at a hearing open to the
16    public.
17        (4-2) The crime victim has the right to submit a
18    victim statement to the Prisoner Review Board for
19    consideration at an executive clemency hearing as provided
20    in Section 3-3-13 of the Unified Code of Corrections. A
21    victim statement may be submitted in writing, on film,
22    videotape, or other electronic means, or in the form of a
23    recording prior to a hearing, or orally at a hearing, or by
24    calling the toll-free number established in subsection (f)
25    of this Section. Victim statements provided to the Board
26    shall be confidential and privileged, including any

 

 

SB3199- 57 -LRB102 19957 RLC 28736 b

1    statements received prior to January 1, 2020 (the
2    effective date of Public Act 101-288), except if the
3    statement was an oral statement made by the victim at a
4    hearing open to the public.
5        (5) If a statement is presented under Section 6, the
6    Prisoner Review Board or Department of Juvenile Justice
7    shall inform the victim of any order of discharge pursuant
8    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
9    Corrections.
10        (6) At the written or oral request of the victim of the
11    crime for which the prisoner was sentenced or the State's
12    Attorney of the county where the person seeking parole or
13    aftercare release was prosecuted, the Prisoner Review
14    Board or Department of Juvenile Justice shall notify the
15    victim and the State's Attorney of the county where the
16    person seeking parole or aftercare release was prosecuted
17    of the death of the prisoner if the prisoner died while on
18    parole or aftercare release or mandatory supervised
19    release.
20        (7) When a defendant who has been committed to the
21    Department of Corrections, the Department of Juvenile
22    Justice, or the Department of Human Services is released
23    or discharged and subsequently committed to the Department
24    of Human Services as a sexually violent person and the
25    victim had requested to be notified by the releasing
26    authority of the defendant's discharge, conditional

 

 

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1    release, death, or escape from State custody, the
2    releasing authority shall provide to the Department of
3    Human Services such information that would allow the
4    Department of Human Services to contact the victim.
5        (8) When a defendant has been convicted of a sex
6    offense as defined in Section 2 of the Sex Offender
7    Registration Act and has been sentenced to the Department
8    of Corrections or the Department of Juvenile Justice, the
9    Prisoner Review Board or the Department of Juvenile
10    Justice shall notify the victim of the sex offense of the
11    prisoner's eligibility for release on parole, aftercare
12    release, mandatory supervised release, electronic
13    detention, work release, international transfer or
14    exchange, or by the custodian of the discharge of any
15    individual who was adjudicated a delinquent for a sex
16    offense from State custody and by the sheriff of the
17    appropriate county of any such person's final discharge
18    from county custody. The notification shall be made to the
19    victim at least 30 days, whenever possible, before release
20    of the sex offender.
21    (e) The officials named in this Section may satisfy some
22or all of their obligations to provide notices and other
23information through participation in a statewide victim and
24witness notification system established by the Attorney
25General under Section 8.5 of this Act.
26    (f) The Prisoner Review Board shall establish a toll-free

 

 

SB3199- 59 -LRB102 19957 RLC 28736 b

1number that may be accessed by the crime victim to present a
2victim statement to the Board in accordance with paragraphs
3(4), (4-1), and (4-2) of subsection (d).
4(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
5101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
68-20-21.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.