Full Text of HB5603 95th General Assembly
HB5603 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5603
Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
|
725 ILCS 5/Art. 106B heading |
|
725 ILCS 5/106B-5 |
|
725 ILCS 120/4.5 |
|
725 ILCS 120/5 |
from Ch. 38, par. 1405 |
725 ILCS 140/4 new |
|
|
Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding in the prosecution of an offense
of criminal sexual assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal
sexual abuse, or aggravated criminal sexual abuse, the court may order that the testimony of a victim affected by a developmental disability be taken outside
the courtroom and shown in the courtroom by means of a closed
circuit television under certain conditions. Provides that "developmental disability" includes, but is not limited to, cerebral palsy, epilepsy, and autism. Amends the Rights of Crime Victims and Witnesses Act. Provides that the Office of the State's Attorney shall inform the crime victim or witness of his or her right to communications access through a
sign language interpreter or by other means. Amends the Criminal Proceeding Interpreter Act. Provides that the right to a qualified court-appointed sign language interpreter as provided in the Act shall be afforded to persons with disabilities who are victims of, or are called as witnesses in proceedings relating to, a violation of any penal statute of the State.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5603 |
|
LRB095 15507 RLC 45279 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing the heading of Article 106B and Section | 6 |
| 106B-5 as follows: | 7 |
| (725 ILCS 5/Art. 106B heading) | 8 |
| Article 106B. Child and Developmentally Disabled Victims of | 9 |
| Sexual Abuse
| 10 |
| (725 ILCS 5/106B-5)
| 11 |
| Sec. 106B-5. Testimony by a victim who is a child or a
| 12 |
| moderately, severely, or profoundly mentally retarded person | 13 |
| or a person affected by a developmental disability .
| 14 |
| (a) In a proceeding in the prosecution of an offense
of | 15 |
| criminal sexual assault, predatory criminal sexual assault of a | 16 |
| child,
aggravated criminal sexual assault, criminal
sexual | 17 |
| abuse, or aggravated criminal sexual abuse, a court may order | 18 |
| that
the testimony of a victim who is a child under
the age of | 19 |
| 18 years or a moderately, severely, or profoundly mentally
| 20 |
| retarded person or a person affected by a developmental | 21 |
| disability be taken outside
the courtroom and shown in the | 22 |
| courtroom by means of a closed
circuit television if:
|
|
|
|
HB5603 |
- 2 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| (1) the testimony is taken during the proceeding; and
| 2 |
| (2) the judge determines that testimony by the
child | 3 |
| victim or the moderately, severely, or profoundly mentally
| 4 |
| retarded victim or victim affected by a developmental | 5 |
| disability in the
courtroom may will result in the child
or | 6 |
| moderately, severely, or profoundly mentally retarded | 7 |
| person
or person affected by a developmental disability | 8 |
| suffering serious emotional distress
such that the child
or | 9 |
| moderately, severely, or profoundly mentally retarded | 10 |
| person or person affected by a developmental disability | 11 |
| cannot
reasonably communicate or that
the child or | 12 |
| moderately, severely, or
profoundly
mentally retarded | 13 |
| person or person affected by a developmental disability may | 14 |
| will
suffer severe emotional distress that is likely to | 15 |
| cause the child or
moderately, severely, or profoundly | 16 |
| mentally retarded person or person affected by a | 17 |
| developmental disability to suffer
severe adverse effects.
| 18 |
| (b) Only the prosecuting attorney, the attorney for the
| 19 |
| defendant, and the judge may question the child or moderately, | 20 |
| severely,
or profoundly mentally retarded
person or person | 21 |
| affected by a developmental disability .
| 22 |
| (c) The operators of the closed circuit television shall | 23 |
| make every
effort to be unobtrusive.
| 24 |
| (d) Only the following persons may be in the room with
the | 25 |
| child or moderately, severely, or profoundly mentally retarded | 26 |
| person or person affected by a developmental disability
when |
|
|
|
HB5603 |
- 3 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| the child or moderately,
severely, or profoundly mentally | 2 |
| retarded
person or person affected by a developmental | 3 |
| disability testifies by closed circuit
television:
| 4 |
| (1) the prosecuting attorney;
| 5 |
| (2) the attorney for the defendant;
| 6 |
| (3) the judge;
| 7 |
| (4) the operators of the closed circuit television | 8 |
| equipment; and
| 9 |
| (5) any person or persons whose presence, in the | 10 |
| opinion of the court,
contributes to the well-being of
the | 11 |
| child or moderately, severely, or profoundly mentally | 12 |
| retarded
person or person affected by a developmental | 13 |
| disability , including a person who has
dealt with the child | 14 |
| in a therapeutic setting concerning the abuse, a
parent
or | 15 |
| guardian of the child or moderately, severely, or | 16 |
| profoundly
mentally retarded
person or person affected by a | 17 |
| developmental disability , and court security personnel.
| 18 |
| (e) During the child's or moderately, severely, or | 19 |
| profoundly
mentally retarded
person's or person affected by a | 20 |
| developmental disability's testimony by closed circuit | 21 |
| television, the
defendant shall be in the courtroom and shall | 22 |
| not communicate with the jury
if the cause is being heard | 23 |
| before a jury.
| 24 |
| (f) The defendant shall be allowed to communicate with
the | 25 |
| persons in the room where the child or moderately, severely, or
| 26 |
| profoundly mentally retarded person
or person affected by a |
|
|
|
HB5603 |
- 4 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| developmental disability is testifying by any appropriate | 2 |
| electronic method.
| 3 |
| (g) The provisions of this Section do not apply if the | 4 |
| defendant
represents himself pro se.
| 5 |
| (h) This Section may not be interpreted to preclude, for | 6 |
| purposes of
identification of a defendant, the presence of both | 7 |
| the victim and the
defendant in the courtroom at the same time.
| 8 |
| (i) This Section applies to prosecutions pending on or | 9 |
| commenced on or after
the effective date of this amendatory Act | 10 |
| of 1994.
| 11 |
| (j) For the purposes of this Section, "developmental | 12 |
| disability" includes, but is not limited to, cerebral palsy, | 13 |
| epilepsy, and autism. | 14 |
| (Source: P.A. 92-434, eff. 1-1-02.)
| 15 |
| Section 10. The Rights of Crime Victims and Witnesses Act | 16 |
| is amended by changing Sections 4.5 and 5 as follows:
| 17 |
| (725 ILCS 120/4.5)
| 18 |
| Sec. 4.5. Procedures to implement the rights of crime | 19 |
| victims. To afford
crime victims their rights, law enforcement, | 20 |
| prosecutors, judges and
corrections will provide information, | 21 |
| as appropriate of the following
procedures:
| 22 |
| (a) At the request of the crime victim, law enforcement | 23 |
| authorities
investigating the case shall provide notice of the | 24 |
| status of the investigation,
except where the State's Attorney |
|
|
|
HB5603 |
- 5 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| determines that disclosure of such
information would | 2 |
| unreasonably interfere with the investigation, until such
time | 3 |
| as the alleged assailant is apprehended or the investigation is | 4 |
| closed.
| 5 |
| (b) The office of the State's Attorney:
| 6 |
| (1) shall provide notice of the filing of information, | 7 |
| the return of an
indictment by which a prosecution for any | 8 |
| violent crime is commenced, or the
filing of a petition to | 9 |
| adjudicate a minor as a delinquent for a violent
crime;
| 10 |
| (2) shall provide notice of the date, time, and place | 11 |
| of trial;
| 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 |
| (4) shall assist in having any stolen or other personal | 17 |
| property held by
law enforcement authorities for | 18 |
| evidentiary or other purposes returned as
expeditiously as | 19 |
| possible, pursuant to the procedures set out in Section | 20 |
| 115-9
of the Code of Criminal Procedure of 1963;
| 21 |
| (5) or victim advocate personnel shall provide | 22 |
| appropriate employer
intercession services to ensure that | 23 |
| employers of victims will cooperate with
the criminal | 24 |
| justice system in order to minimize an employee's loss of | 25 |
| pay and
other benefits resulting from court appearances;
| 26 |
| (6) shall provide information whenever possible, of a |
|
|
|
HB5603 |
- 6 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| secure waiting
area during court proceedings that does not | 2 |
| require victims to be in close
proximity to defendant or | 3 |
| juveniles accused of a violent crime, and their
families | 4 |
| and friends;
| 5 |
| (7) shall provide notice to the crime victim of the | 6 |
| right to have a
translator present at all court proceedings | 7 |
| and, in compliance with the federal Americans
with | 8 |
| Disabilities Act of 1990, the right to communications | 9 |
| access through a
sign language interpreter or by other | 10 |
| means ;
| 11 |
| (8) in the case of the death of a person, which death | 12 |
| occurred in the same
transaction or occurrence in which | 13 |
| acts occurred for which a defendant is
charged with an | 14 |
| offense, shall notify the spouse, parent, child or sibling | 15 |
| of
the decedent of the date of the trial of the person or | 16 |
| persons allegedly
responsible for the death;
| 17 |
| (9) shall inform the victim of the right to have | 18 |
| present at all court
proceedings, subject to the rules of | 19 |
| evidence, an advocate or other support
person of the | 20 |
| victim's choice, and the right to retain an attorney, at | 21 |
| the
victim's own expense, who, upon written notice filed | 22 |
| with the clerk of the
court and State's Attorney, is to | 23 |
| receive copies of all notices, motions and
court orders | 24 |
| filed thereafter in the case, in the same manner as if the | 25 |
| victim
were a named party in the case; and
| 26 |
| (10) at the sentencing hearing shall make a good faith |
|
|
|
HB5603 |
- 7 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| attempt to explain
the minimum amount of time during which | 2 |
| the defendant may actually be
physically imprisoned. The | 3 |
| Office of the State's Attorney shall further notify
the | 4 |
| crime victim of the right to request from the Prisoner | 5 |
| Review Board
information concerning the release of the | 6 |
| defendant under subparagraph (d)(1)
of this Section; and
| 7 |
| (11) shall request restitution at sentencing and shall | 8 |
| consider
restitution in any plea negotiation, as provided | 9 |
| by law.
| 10 |
| (c) At the written request of the crime victim, the office | 11 |
| of the State's
Attorney shall:
| 12 |
| (1) provide notice a reasonable time in advance of the | 13 |
| following court
proceedings: preliminary hearing, any | 14 |
| hearing the effect of which may be the
release of defendant | 15 |
| from custody, or to alter the conditions of bond and the
| 16 |
| sentencing hearing. The crime victim shall also be notified | 17 |
| of the
cancellation of the court proceeding in sufficient | 18 |
| time, wherever possible, to
prevent an unnecessary | 19 |
| appearance in court;
| 20 |
| (2) provide notice within a reasonable time after | 21 |
| receipt of notice from
the custodian, of the release of the | 22 |
| defendant on bail or personal recognizance
or the release | 23 |
| from detention of a minor who has been detained for a | 24 |
| violent
crime;
| 25 |
| (3) explain in nontechnical language the details of any | 26 |
| plea or verdict of
a defendant, or any adjudication of a |
|
|
|
HB5603 |
- 8 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| juvenile as a delinquent for a violent
crime;
| 2 |
| (4) where practical, consult with the crime victim | 3 |
| before the Office of
the State's Attorney makes an offer of | 4 |
| a plea bargain to the defendant or
enters into negotiations | 5 |
| with the defendant concerning a possible plea
agreement, | 6 |
| and shall consider the written victim impact statement, if | 7 |
| prepared
prior to entering into a plea agreement;
| 8 |
| (5) provide notice of the ultimate disposition of the | 9 |
| cases arising from
an indictment or an information, or a | 10 |
| petition to have a juvenile adjudicated
as a delinquent for | 11 |
| a violent crime;
| 12 |
| (6) provide notice of any appeal taken by the defendant | 13 |
| and information
on how to contact the appropriate agency | 14 |
| handling the appeal;
| 15 |
| (7) provide notice of any request for post-conviction | 16 |
| review filed by the
defendant under Article 122 of the Code | 17 |
| of Criminal Procedure of 1963, and of
the date, time and | 18 |
| place of any hearing concerning the petition. Whenever
| 19 |
| possible, notice of the hearing shall be given in advance;
| 20 |
| (8) forward a copy of any statement presented under | 21 |
| Section 6 to the
Prisoner Review Board to be considered by | 22 |
| the Board in making its determination
under subsection (b) | 23 |
| of Section 3-3-8 of the Unified Code of Corrections.
| 24 |
| (d) (1) The Prisoner Review Board shall inform a victim or | 25 |
| any other
concerned citizen, upon written request, of the | 26 |
| prisoner's release on parole,
mandatory supervised release, |
|
|
|
HB5603 |
- 9 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| electronic detention, work release, international transfer or | 2 |
| exchange, or by the
custodian of the discharge of any | 3 |
| individual who was adjudicated a delinquent
for a violent crime | 4 |
| from State custody and by the sheriff of the appropriate
county | 5 |
| of any such person's final discharge from county custody.
The | 6 |
| Prisoner Review Board, upon written request, shall provide to a | 7 |
| victim or
any other concerned citizen a recent photograph of | 8 |
| any person convicted of a
felony, upon his or her release from | 9 |
| custody.
The Prisoner
Review Board, upon written request, shall | 10 |
| inform a victim or any other
concerned citizen when feasible at | 11 |
| least 7 days prior to the prisoner's release
on furlough of the | 12 |
| times and dates of such furlough. Upon written request by
the | 13 |
| victim or any other concerned citizen, the State's Attorney | 14 |
| shall notify
the person once of the times and dates of release | 15 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 16 |
| shall be based on the most recent
information as to victim's or | 17 |
| other concerned citizen's residence or other
location | 18 |
| available to the notifying authority.
For purposes of this | 19 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 20 |
| relatives of the victim, friends of the victim, witnesses to | 21 |
| the
crime, or any other person associated with the victim or | 22 |
| prisoner.
| 23 |
| (2) When the defendant has been committed to the | 24 |
| Department of
Human Services pursuant to Section 5-2-4 or | 25 |
| any other
provision of the Unified Code of Corrections, the | 26 |
| victim may request to be
notified by the releasing |
|
|
|
HB5603 |
- 10 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| authority of the defendant's discharge from State
custody.
| 2 |
| (3) In the event of an escape from State custody, the | 3 |
| Department of
Corrections or the Department of Juvenile | 4 |
| Justice immediately shall notify the Prisoner Review Board | 5 |
| of the escape
and the Prisoner Review Board shall notify | 6 |
| the victim. The notification shall
be based upon the most | 7 |
| recent information as to the victim's residence or other
| 8 |
| location available to the Board. When no such information | 9 |
| is available, the
Board shall make all reasonable efforts | 10 |
| to obtain the information and make
the notification. When | 11 |
| the escapee is apprehended, the Department of
Corrections | 12 |
| or the Department of Juvenile Justice immediately shall | 13 |
| notify the Prisoner Review Board and the Board
shall notify | 14 |
| the victim.
| 15 |
| (4) The victim of the crime for which the prisoner has | 16 |
| been sentenced
shall receive reasonable written notice not | 17 |
| less than 15 days prior to the
parole hearing and may | 18 |
| submit, in writing, on film, videotape or other
electronic | 19 |
| means or in the form of a recording or in person at the | 20 |
| parole
hearing
or if a victim of a violent crime, by | 21 |
| calling the
toll-free number established in subsection (f) | 22 |
| of this Section, information
for
consideration by the | 23 |
| Prisoner Review Board. The
victim shall be notified within | 24 |
| 7 days after the prisoner has been granted
parole and shall | 25 |
| be informed of the right to inspect the registry of parole
| 26 |
| decisions, established under subsection (g) of Section |
|
|
|
HB5603 |
- 11 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| 3-3-5 of the Unified
Code of Corrections. The provisions of | 2 |
| this paragraph (4) are subject to the
Open Parole Hearings | 3 |
| Act.
| 4 |
| (5) If a statement is presented under Section 6, the | 5 |
| Prisoner Review Board
shall inform the victim of any order | 6 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 7 |
| of the Unified Code of Corrections.
| 8 |
| (6) At the written request of the victim of the crime | 9 |
| for which the
prisoner was sentenced, the Prisoner Review | 10 |
| Board shall notify the victim of
the death of the prisoner | 11 |
| if the prisoner died while on parole or mandatory
| 12 |
| supervised release.
| 13 |
| (7) When a defendant who has been committed to the | 14 |
| Department of
Corrections, the Department of Juvenile | 15 |
| Justice, or the Department of Human Services is released or | 16 |
| discharged and
subsequently committed to the Department of | 17 |
| Human Services as a sexually
violent person and the victim | 18 |
| had requested to be notified by the releasing
authority of | 19 |
| the defendant's discharge from State custody, the | 20 |
| releasing
authority shall provide to the Department of | 21 |
| Human Services such information
that would allow the | 22 |
| Department of Human Services to contact the victim.
| 23 |
| (e) The officials named in this Section may satisfy some or | 24 |
| all of their
obligations to provide notices and other | 25 |
| information through participation in a
statewide victim and | 26 |
| witness notification system established by the Attorney
|
|
|
|
HB5603 |
- 12 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| General under Section 8.5 of this Act.
| 2 |
| (f) To permit a victim of a violent crime to provide | 3 |
| information to the
Prisoner Review Board for consideration by | 4 |
| the
Board at a parole hearing of a person who committed the | 5 |
| crime against
the victim in accordance with clause (d)(4) of | 6 |
| this Section or at a proceeding
to determine the conditions of | 7 |
| mandatory supervised release of a person
sentenced to a | 8 |
| determinate sentence or at a hearing on revocation of mandatory
| 9 |
| supervised release of a person sentenced to a determinate | 10 |
| sentence, the Board
shall establish a toll-free number that may | 11 |
| be accessed by the victim of
a violent crime to present that | 12 |
| information to the Board.
| 13 |
| (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
| 14 |
| (725 ILCS 120/5) (from Ch. 38, par. 1405)
| 15 |
| Sec. 5. Rights of Witnesses.
| 16 |
| (a) Witnesses as defined in subsection (b) of
Section 3 of | 17 |
| this Act shall have the following rights:
| 18 |
| (1) to be notified by the Office of the State's | 19 |
| Attorney of all court
proceedings at which the witness' | 20 |
| presence is required in a reasonable
amount of time prior | 21 |
| to the proceeding, and to be notified of the
cancellation | 22 |
| of any scheduled court proceeding in sufficient time to
| 23 |
| prevent an unnecessary appearance in court, where | 24 |
| possible;
| 25 |
| (2) to be provided with appropriate employer |
|
|
|
HB5603 |
- 13 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| intercession services by
the Office of the State's Attorney | 2 |
| or the victim advocate personnel to
ensure
that employers | 3 |
| of witnesses will cooperate with the criminal justice | 4 |
| system
in order to minimize an employee's loss of pay and | 5 |
| other benefits resulting
from court appearances;
| 6 |
| (3) to be provided, whenever possible, a secure waiting | 7 |
| area during
court proceedings that does not require | 8 |
| witnesses to be in close proximity
to defendants and their | 9 |
| families and friends;
| 10 |
| (4) to be provided with notice by the Office of the | 11 |
| State's Attorney,
where necessary, of the right to have a | 12 |
| translator
present whenever the witness' presence is | 13 |
| required and, in compliance with the federal Americans
with | 14 |
| Disabilities Act of 1990, to be provided with notice of the | 15 |
| right to communications access through a
sign language | 16 |
| interpreter or by other means .
| 17 |
| (b) At the written request of the witness, the witness | 18 |
| shall:
| 19 |
| (1) receive notice from the office of the State's | 20 |
| Attorney of any request
for post-conviction review filed by | 21 |
| the defendant under Article 122 of the Code
of Criminal | 22 |
| Procedure of 1963, and of the date, time, and place of any | 23 |
| hearing
concerning the petition for post-conviction | 24 |
| review; whenever possible, notice
of the hearing on the | 25 |
| petition shall be given in advance;
| 26 |
| (2) receive notice by the releasing authority of the |
|
|
|
HB5603 |
- 14 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| defendant's discharge
from State custody if the defendant | 2 |
| was committed to the Department of Human Services under | 3 |
| Section 5-2-4 or any other
provision of the Unified Code of | 4 |
| Corrections;
| 5 |
| (3) receive notice from the Prisoner Review Board of | 6 |
| the prisoner's escape
from State custody, after the Board | 7 |
| has been notified of the escape by the
Department of | 8 |
| Corrections or the Department of Juvenile Justice;
when the | 9 |
| escapee is apprehended, the Department of Corrections or | 10 |
| the Department of Juvenile Justice shall
immediately | 11 |
| notify the Prisoner Review Board and the Board shall notify | 12 |
| the
witness;
| 13 |
| (4) receive notice from the Prisoner Review Board of | 14 |
| the prisoner's
release on parole, electronic detention, | 15 |
| work release or mandatory supervised
release and of the | 16 |
| prisoner's final
discharge from parole, electronic | 17 |
| detention, work release, or mandatory
supervised release.
| 18 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 19 |
| Section 15. The Criminal Proceeding Interpreter Act is | 20 |
| amended by adding Section 4 as follows: | 21 |
| (725 ILCS 140/4 new) | 22 |
| Sec. 4. Victims and witnesses; sign language interpreters. | 23 |
| The right to a qualified court-appointed sign language | 24 |
| interpreter as provided in this Act shall be afforded to |
|
|
|
HB5603 |
- 15 - |
LRB095 15507 RLC 45279 b |
|
| 1 |
| persons with disabilities who are victims of, or are called as | 2 |
| witnesses in proceedings relating to, a violation of any penal | 3 |
| statute of this State.
|
|