Full Text of HB5947 96th General Assembly
HB5947ham002 96TH GENERAL ASSEMBLY
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Rep. Robert F. Flider
Filed: 3/19/2010
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09600HB5947ham002 |
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LRB096 19640 RLC 39353 a |
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| AMENDMENT TO HOUSE BILL 5947
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| AMENDMENT NO. ______. Amend House Bill 5947, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Rights of Crime Victims and Witnesses Act | 6 |
| is amended by changing Section 4.5 as follows: | 7 |
| (725 ILCS 120/4.5) | 8 |
| Sec. 4.5. Procedures to implement the rights of crime | 9 |
| victims. To afford
crime victims their rights, law enforcement, | 10 |
| prosecutors, judges and
corrections will provide information, | 11 |
| as appropriate of the following
procedures: | 12 |
| (a) At the request of the crime victim, law enforcement | 13 |
| authorities
investigating the case shall provide notice of the | 14 |
| status of the investigation,
except where the State's Attorney | 15 |
| determines that disclosure of such
information would | 16 |
| unreasonably interfere with the investigation, until such
time |
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LRB096 19640 RLC 39353 a |
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| as the alleged assailant is apprehended or the investigation is | 2 |
| closed. | 3 |
| (b) The office of the State's Attorney: | 4 |
| (1) shall provide notice of the filing of information, | 5 |
| the return of an
indictment by which a prosecution for any | 6 |
| violent crime is commenced, or the
filing of a petition to | 7 |
| adjudicate a minor as a delinquent for a violent
crime; | 8 |
| (2) shall provide notice of the date, time, and place | 9 |
| of trial; | 10 |
| (3) or victim advocate personnel shall provide | 11 |
| information of social
services and financial assistance | 12 |
| available for victims of crime, including
information of | 13 |
| how to apply for these services and assistance; | 14 |
| (4) shall assist in having any stolen or other personal | 15 |
| property held by
law enforcement authorities for | 16 |
| evidentiary or other purposes returned as
expeditiously as | 17 |
| possible, pursuant to the procedures set out in Section | 18 |
| 115-9
of the Code of Criminal Procedure of 1963; | 19 |
| (5) or victim advocate personnel shall provide | 20 |
| appropriate employer
intercession services to ensure that | 21 |
| employers of victims will cooperate with
the criminal | 22 |
| justice system in order to minimize an employee's loss of | 23 |
| pay and
other benefits resulting from court appearances; | 24 |
| (6) shall provide information whenever possible, of a | 25 |
| secure waiting
area during court proceedings that does not | 26 |
| require victims to be in close
proximity to defendant or |
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LRB096 19640 RLC 39353 a |
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| juveniles accused of a violent crime, and their
families | 2 |
| and friends; | 3 |
| (7) shall provide notice to the crime victim of the | 4 |
| right to have a
translator present at all court proceedings | 5 |
| and, in compliance with the federal Americans
with | 6 |
| Disabilities Act of 1990, the right to communications | 7 |
| access through a
sign language interpreter or by other | 8 |
| means; | 9 |
| (8) in the case of the death of a person, which death | 10 |
| occurred in the same
transaction or occurrence in which | 11 |
| acts occurred for which a defendant is
charged with an | 12 |
| offense, shall notify the spouse, parent, child or sibling | 13 |
| of
the decedent of the date of the trial of the person or | 14 |
| persons allegedly
responsible for the death; | 15 |
| (9) shall inform the victim of the right to have | 16 |
| present at all court
proceedings, subject to the rules of | 17 |
| evidence, an advocate or other support
person of the | 18 |
| victim's choice, and the right to retain an attorney, at | 19 |
| the
victim's own expense, who, upon written notice filed | 20 |
| with the clerk of the
court and State's Attorney, is to | 21 |
| receive copies of all notices, motions and
court orders | 22 |
| filed thereafter in the case, in the same manner as if the | 23 |
| victim
were a named party in the case; | 24 |
| (10) at the sentencing hearing shall make a good faith | 25 |
| attempt to explain
the minimum amount of time during which | 26 |
| the defendant may actually be
physically imprisoned. The |
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LRB096 19640 RLC 39353 a |
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| Office of the State's Attorney shall further notify
the | 2 |
| crime victim of the right to request from the Prisoner | 3 |
| Review Board
information concerning the release of the | 4 |
| defendant under subparagraph (d)(1)
of this Section; | 5 |
| (11) shall request restitution at sentencing and shall | 6 |
| consider
restitution in any plea negotiation, as provided | 7 |
| by law; and | 8 |
| (12) shall, upon the court entering a verdict of not | 9 |
| guilty by reason of insanity, inform the victim of the | 10 |
| notification services available from the Department of | 11 |
| Human Services, including the statewide telephone number, | 12 |
| under subparagraph (d)(2) of this Section. | 13 |
| (c) At the written request of the crime victim, the office | 14 |
| of the State's
Attorney shall: | 15 |
| (1) provide notice a reasonable time in advance of the | 16 |
| following court
proceedings: preliminary hearing, any | 17 |
| hearing the effect of which may be the
release of defendant | 18 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 20 |
| of the
cancellation of the court proceeding in sufficient | 21 |
| time, wherever possible, to
prevent an unnecessary | 22 |
| appearance in court; | 23 |
| (2) provide notice within a reasonable time after | 24 |
| receipt of notice from
the custodian, of the release of the | 25 |
| defendant on bail or personal recognizance
or the release | 26 |
| from detention of a minor who has been detained for a |
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LRB096 19640 RLC 39353 a |
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| violent
crime; | 2 |
| (3) explain in nontechnical language the details of any | 3 |
| plea or verdict of
a defendant, or any adjudication of a | 4 |
| juvenile as a delinquent for a violent
crime; | 5 |
| (4) where practical, consult with the crime victim | 6 |
| before the Office of
the State's Attorney makes an offer of | 7 |
| a plea bargain to the defendant or
enters into negotiations | 8 |
| with the defendant concerning a possible plea
agreement, | 9 |
| and shall consider the written victim impact statement, if | 10 |
| prepared
prior to entering into a plea agreement; | 11 |
| (5) provide notice of the ultimate disposition of the | 12 |
| cases arising from
an indictment or an information, or a | 13 |
| petition to have a juvenile adjudicated
as a delinquent for | 14 |
| a violent crime; | 15 |
| (6) provide notice of any appeal taken by the defendant | 16 |
| and information
on how to contact the appropriate agency | 17 |
| handling the appeal; | 18 |
| (7) provide notice of any request for post-conviction | 19 |
| review filed by the
defendant under Article 122 of the Code | 20 |
| of Criminal Procedure of 1963, and of
the date, time and | 21 |
| place of any hearing concerning the petition. Whenever
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| possible, notice of the hearing shall be given in advance; | 23 |
| (8) forward a copy of any statement presented under | 24 |
| Section 6 to the
Prisoner Review Board to be considered by | 25 |
| the Board in making its determination
under subsection (b) | 26 |
| 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 | 2 |
| any other
concerned citizen, upon written request, of the | 3 |
| prisoner's release on parole,
mandatory supervised release, | 4 |
| electronic detention, work release, international transfer or | 5 |
| exchange, or by the
custodian of the discharge of any | 6 |
| individual who was adjudicated a delinquent
for a violent crime | 7 |
| from State custody and by the sheriff of the appropriate
county | 8 |
| of any such person's final discharge from county custody.
The | 9 |
| Prisoner Review Board, upon written request, shall provide to a | 10 |
| victim or
any other concerned citizen a recent photograph of | 11 |
| any person convicted of a
felony, upon his or her release from | 12 |
| custody.
The Prisoner
Review Board, upon written request, shall | 13 |
| inform a victim or any other
concerned citizen when feasible at | 14 |
| least 7 days prior to the prisoner's release
on furlough of the | 15 |
| times and dates of such furlough. Upon written request by
the | 16 |
| victim or any other concerned citizen, the State's Attorney | 17 |
| shall notify
the person once of the times and dates of release | 18 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 19 |
| shall be based on the most recent
information as to victim's or | 20 |
| other concerned citizen's residence or other
location | 21 |
| available to the notifying authority.
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| (2) When the defendant has been committed to the Department | 23 |
| of
Human Services pursuant to Section 5-2-4 or any other
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| provision of the Unified Code of Corrections, the victim may | 25 |
| request to be
notified by the releasing authority of the | 26 |
| defendant's furloughs, temporary release, or final discharge |
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| from State
custody. The Department of Human Services shall | 2 |
| establish and maintain a statewide telephone number to be used | 3 |
| by victims to make notification requests under these provisions | 4 |
| and shall publicize this telephone number on its website and to | 5 |
| the State's Attorney of each county. | 6 |
| (3) In the event of an escape from State custody, the | 7 |
| Department of
Corrections or the Department of Juvenile Justice | 8 |
| immediately shall notify the Prisoner Review Board of the | 9 |
| escape
and the Prisoner Review Board shall notify the victim. | 10 |
| The notification shall
be based upon the most recent | 11 |
| information as to the victim's residence or other
location | 12 |
| available to the Board. When no such information is available, | 13 |
| the
Board shall make all reasonable efforts to obtain the | 14 |
| information and make
the notification. When the escapee is | 15 |
| apprehended, the Department of
Corrections or the Department of | 16 |
| Juvenile Justice immediately shall notify the Prisoner Review | 17 |
| Board and the Board
shall notify the victim. | 18 |
| (4) The victim of the crime for which the prisoner has been | 19 |
| sentenced
shall receive reasonable written notice not less than | 20 |
| 30 days prior to the
parole interview and may submit, in | 21 |
| writing, on film, videotape or other
electronic means or in the | 22 |
| form of a recording or in person at the parole
interview
or if | 23 |
| a victim of a violent crime, by calling the
toll-free number | 24 |
| established in subsection (f) of this Section, information
for
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| consideration by the Prisoner Review Board. The
victim shall be | 26 |
| notified within 7 days after the prisoner has been granted
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| parole and shall be informed of the right to inspect the | 2 |
| registry of parole
decisions, established under subsection (g) | 3 |
| of Section 3-3-5 of the Unified
Code of Corrections. The | 4 |
| provisions of this paragraph (4) are subject to the
Open Parole | 5 |
| Hearings Act. | 6 |
| (5) If a statement is presented under Section 6, the | 7 |
| Prisoner Review Board
shall inform the victim of any order of | 8 |
| discharge entered by the Board pursuant
to Section 3-3-8 of the | 9 |
| Unified Code of Corrections. | 10 |
| (6) At the written request of the victim of the crime for | 11 |
| which the
prisoner was sentenced or the State's Attorney of the | 12 |
| county where the person seeking parole was prosecuted, the | 13 |
| Prisoner Review Board shall notify the victim and the State's | 14 |
| Attorney of the county where the person seeking parole was | 15 |
| prosecuted of
the death of the prisoner if the prisoner died | 16 |
| while on parole or mandatory
supervised release. | 17 |
| (7) When a defendant who has been committed to the | 18 |
| Department of
Corrections, the Department of Juvenile Justice, | 19 |
| or the Department of Human Services is released or discharged | 20 |
| and
subsequently committed to the Department of Human Services | 21 |
| as a sexually
violent person and the victim had requested to be | 22 |
| notified by the releasing
authority of the defendant's | 23 |
| discharge from State custody, the releasing
authority shall | 24 |
| provide to the Department of Human Services such information
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| that would allow the Department of Human Services to contact | 26 |
| the victim. |
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LRB096 19640 RLC 39353 a |
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| (8) When a defendant has been convicted of a sex offense as | 2 |
| defined in Section 2 of the Sex Offender Registration Act and | 3 |
| has been sentenced to the Department of Corrections or the | 4 |
| Department of Juvenile Justice, the Prisoner Review Board shall | 5 |
| notify the victim of the sex offense of the prisoner's | 6 |
| eligibility for release on parole,
mandatory supervised | 7 |
| release, electronic detention, work release, international | 8 |
| transfer or exchange, or by the
custodian of the discharge of | 9 |
| any individual who was adjudicated a delinquent
for a sex | 10 |
| offense from State custody and by the sheriff of the | 11 |
| appropriate
county of any such person's final discharge from | 12 |
| county custody. The notification shall be made to the victim at | 13 |
| least 30 days, whenever possible, before release of the sex | 14 |
| offender. | 15 |
| (e) The officials named in this Section may satisfy some or | 16 |
| all of their
obligations to provide notices and other | 17 |
| information through participation in a
statewide victim and | 18 |
| witness notification system established by the Attorney
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| General under Section 8.5 of this Act. | 20 |
| (f) To permit a victim of a violent crime to provide | 21 |
| information to the
Prisoner Review Board for consideration by | 22 |
| the
Board at a parole hearing of a person who committed the | 23 |
| crime against
the victim in accordance with clause (d)(4) of | 24 |
| this Section or at a proceeding
to determine the conditions of | 25 |
| mandatory supervised release of a person
sentenced to a | 26 |
| determinate sentence or at a hearing on revocation of mandatory
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LRB096 19640 RLC 39353 a |
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| supervised release of a person sentenced to a determinate | 2 |
| sentence, the Board
shall establish a toll-free number that may | 3 |
| be accessed by the victim of
a violent crime to present that | 4 |
| information to the Board. | 5 |
| (g) At the request of the spouse, parent, child, sibling, | 6 |
| or any combination of such persons of a person killed as a | 7 |
| result of a homicide, the court, at sentencing, or the Prisoner | 8 |
| Review Board, at the parole hearing, shall issue a no contact | 9 |
| order against the defendant which shall be effective while the | 10 |
| defendant is in custody. | 11 |
| (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 12 |
| 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | 13 |
| 96-875, eff. 1-22-10.)".
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