Full Text of HB4693 95th General Assembly
HB4693 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4693
Introduced , by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED: |
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Amends the Rights of Crime Victims and Witnesses Act. Provides that the Office of the State's Attorney shall provide notice to the crime victim about the Victims Notification Unit established by the Prisoner Review Board, the services offered to crime victims by the Unit, and how to register with the Unit.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Section 4.5 as follows:
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime | 8 |
| victims. To afford
crime victims their rights, law enforcement, | 9 |
| prosecutors, judges and
corrections will provide information, | 10 |
| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement | 12 |
| authorities
investigating the case shall provide notice of the | 13 |
| status of the investigation,
except where the State's Attorney | 14 |
| determines that disclosure of such
information would | 15 |
| unreasonably interfere with the investigation, until such
time | 16 |
| as the alleged assailant is apprehended or the investigation is | 17 |
| closed.
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| (b) The office of the State's Attorney:
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| (1) shall provide notice of the filing of information, | 20 |
| the return of an
indictment by which a prosecution for any | 21 |
| violent crime is commenced, or the
filing of a petition to | 22 |
| adjudicate a minor as a delinquent for a violent
crime;
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| (2) shall provide notice of the date, time, and place |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| of trial;
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| (3) or victim advocate personnel shall provide | 3 |
| information of social
services and financial assistance | 4 |
| available for victims of crime, including
information of | 5 |
| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal | 7 |
| property held by
law enforcement authorities for | 8 |
| evidentiary or other purposes returned as
expeditiously as | 9 |
| possible, pursuant to the procedures set out in Section | 10 |
| 115-9
of the Code of Criminal Procedure of 1963;
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| (5) or victim advocate personnel shall provide | 12 |
| appropriate employer
intercession services to ensure that | 13 |
| employers of victims will cooperate with
the criminal | 14 |
| justice system in order to minimize an employee's loss of | 15 |
| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a | 17 |
| secure waiting
area during court proceedings that does not | 18 |
| require victims to be in close
proximity to defendant or | 19 |
| juveniles accused of a violent crime, and their
families | 20 |
| and friends;
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| (7) shall provide notice to the crime victim of the | 22 |
| right to have a
translator present at all court | 23 |
| proceedings;
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| (8) in the case of the death of a person, which death | 25 |
| occurred in the same
transaction or occurrence in which | 26 |
| acts occurred for which a defendant is
charged with an |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| offense, shall notify the spouse, parent, child or sibling | 2 |
| of
the decedent of the date of the trial of the person or | 3 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 5 |
| present at all court
proceedings, subject to the rules of | 6 |
| evidence, an advocate or other support
person of the | 7 |
| victim's choice, and the right to retain an attorney, at | 8 |
| the
victim's own expense, who, upon written notice filed | 9 |
| with the clerk of the
court and State's Attorney, is to | 10 |
| receive copies of all notices, motions and
court orders | 11 |
| filed thereafter in the case, in the same manner as if the | 12 |
| victim
were a named party in the case; and
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| (10) at the sentencing hearing shall make a good faith | 14 |
| attempt to explain
the minimum amount of time during which | 15 |
| the defendant may actually be
physically imprisoned. The | 16 |
| Office of the State's Attorney shall further notify
the | 17 |
| crime victim of the right to request from the Prisoner | 18 |
| Review Board
information concerning the release of the | 19 |
| defendant under subparagraph (d)(1)
of this Section; and
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| (11) shall request restitution at sentencing and shall | 21 |
| consider
restitution in any plea negotiation, as provided | 22 |
| by law ; and .
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| (12) shall provide notice to the crime victim about the | 24 |
| Victims Notification Unit established by the Prisoner | 25 |
| Review Board, the services offered to crime victims by the | 26 |
| Unit, and how to register with the Unit. |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| (c) At the written request of the crime victim, the office | 2 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the | 4 |
| following court
proceedings: preliminary hearing, any | 5 |
| hearing the effect of which may be the
release of defendant | 6 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 8 |
| of the
cancellation of the court proceeding in sufficient | 9 |
| time, wherever possible, to
prevent an unnecessary | 10 |
| appearance in court;
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| (2) provide notice within a reasonable time after | 12 |
| receipt of notice from
the custodian, of the release of the | 13 |
| defendant on bail or personal recognizance
or the release | 14 |
| from detention of a minor who has been detained for a | 15 |
| violent
crime;
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| (3) explain in nontechnical language the details of any | 17 |
| plea or verdict of
a defendant, or any adjudication of a | 18 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 20 |
| before the Office of
the State's Attorney makes an offer of | 21 |
| a plea bargain to the defendant or
enters into negotiations | 22 |
| with the defendant concerning a possible plea
agreement, | 23 |
| and shall consider the written victim impact statement, if | 24 |
| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the | 26 |
| cases arising from
an indictment or an information, or a |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| petition to have a juvenile adjudicated
as a delinquent for | 2 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 4 |
| and information
on how to contact the appropriate agency | 5 |
| handling the appeal;
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| (7) provide notice of any request for post-conviction | 7 |
| review filed by the
defendant under Article 122 of the Code | 8 |
| of Criminal Procedure of 1963, and of
the date, time and | 9 |
| place of any hearing concerning the petition. Whenever
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| possible, notice of the hearing shall be given in advance;
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| (8) forward a copy of any statement presented under | 12 |
| Section 6 to the
Prisoner Review Board to be considered by | 13 |
| the Board in making its determination
under subsection (b) | 14 |
| of Section 3-3-8 of the Unified Code of Corrections.
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| (d) (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 release, | 18 |
| electronic detention, work release, international transfer or | 19 |
| exchange, or by the
custodian of the discharge of any | 20 |
| individual who was adjudicated a delinquent
for a violent crime | 21 |
| from State custody and by the sheriff of the appropriate
county | 22 |
| of any such person's final discharge from county custody.
The | 23 |
| Prisoner Review Board, upon written request, shall provide to a | 24 |
| victim or
any other concerned citizen a recent photograph of | 25 |
| any person convicted of a
felony, upon his or her release from | 26 |
| custody.
The Prisoner
Review Board, upon written request, shall |
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LRB095 18424 RLC 44510 b |
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| inform a victim or any other
concerned citizen when feasible at | 2 |
| least 7 days prior to the prisoner's release
on furlough of the | 3 |
| times and dates of such furlough. Upon written request by
the | 4 |
| victim or any other concerned citizen, the State's Attorney | 5 |
| shall notify
the person once of the times and dates of release | 6 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 7 |
| shall be based on the most recent
information as to victim's or | 8 |
| other concerned citizen's residence or other
location | 9 |
| available to the notifying authority.
For purposes of this | 10 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 11 |
| relatives of the victim, friends of the victim, witnesses to | 12 |
| the
crime, or any other person associated with the victim or | 13 |
| prisoner.
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| (2) When the defendant has been committed to the | 15 |
| Department of
Human Services pursuant to Section 5-2-4 or | 16 |
| any other
provision of the Unified Code of Corrections, the | 17 |
| victim may request to be
notified by the releasing | 18 |
| authority of the defendant's discharge from State
custody.
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| (3) In the event of an escape from State custody, the | 20 |
| Department of
Corrections or the Department of Juvenile | 21 |
| Justice immediately shall notify the Prisoner Review Board | 22 |
| of the escape
and the Prisoner Review Board shall notify | 23 |
| the victim. The notification shall
be based upon the most | 24 |
| recent information as to the victim's residence or other
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| location available to the Board. When no such information | 26 |
| is available, the
Board shall make all reasonable efforts |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| to obtain the information and make
the notification. When | 2 |
| the escapee is apprehended, the Department of
Corrections | 3 |
| or the Department of Juvenile Justice immediately shall | 4 |
| notify the Prisoner Review Board and the Board
shall notify | 5 |
| the victim.
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| (4) The victim of the crime for which the prisoner has | 7 |
| been sentenced
shall receive reasonable written notice not | 8 |
| less than 15 days prior to the
parole hearing and may | 9 |
| submit, in writing, on film, videotape or other
electronic | 10 |
| means or in the form of a recording or in person at the | 11 |
| parole
hearing
or if a victim of a violent crime, by | 12 |
| calling the
toll-free number established in subsection (f) | 13 |
| of this Section, information
for
consideration by the | 14 |
| Prisoner Review Board. The
victim shall be notified within | 15 |
| 7 days after the prisoner has been granted
parole and shall | 16 |
| be informed of the right to inspect the registry of parole
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| decisions, established under subsection (g) of Section | 18 |
| 3-3-5 of the Unified
Code of Corrections. The provisions of | 19 |
| this paragraph (4) are subject to the
Open Parole Hearings | 20 |
| Act.
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| (5) If a statement is presented under Section 6, the | 22 |
| Prisoner Review Board
shall inform the victim of any order | 23 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 24 |
| of the Unified Code of Corrections.
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| (6) At the written request of the victim of the crime | 26 |
| for which the
prisoner was sentenced, the Prisoner Review |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| Board shall notify the victim of
the death of the prisoner | 2 |
| if the prisoner died while on parole or mandatory
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| supervised release.
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| (7) When a defendant who has been committed to the | 5 |
| Department of
Corrections, the Department of Juvenile | 6 |
| Justice, or the Department of Human Services is released or | 7 |
| discharged and
subsequently committed to the Department of | 8 |
| Human Services as a sexually
violent person and the victim | 9 |
| had requested to be notified by the releasing
authority of | 10 |
| the defendant's discharge from State custody, the | 11 |
| releasing
authority shall provide to the Department of | 12 |
| Human Services such information
that would allow the | 13 |
| Department of Human Services to contact the victim.
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| (e) The officials named in this Section may satisfy some or | 15 |
| all of their
obligations to provide notices and other | 16 |
| information through participation in a
statewide victim and | 17 |
| witness notification system established by the Attorney
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| General under Section 8.5 of this Act.
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| (f) To permit a victim of a violent crime to provide | 20 |
| information to the
Prisoner Review Board for consideration by | 21 |
| the
Board at a parole hearing of a person who committed the | 22 |
| crime against
the victim in accordance with clause (d)(4) of | 23 |
| this Section or at a proceeding
to determine the conditions of | 24 |
| mandatory supervised release of a person
sentenced to a | 25 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate |
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HB4693 |
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LRB095 18424 RLC 44510 b |
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| sentence, the Board
shall establish a toll-free number that may | 2 |
| be accessed by the victim of
a violent crime to present that | 3 |
| information to the Board.
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| (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
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