Full Text of HB0199 97th General Assembly
HB0199 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0199 Introduced 01/18/11, by Rep. Tom Cross - Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/3 | from Ch. 38, par. 1403 |
730 ILCS 5/3-3-1 | from Ch. 38, par. 1003-3-1 |
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Amends the Rights of Crime Victims and Witnesses Act. Defines "victim advocate" as a person who works or has worked with crime victims in one or more of the following capacities:
(1) participating in education programs or seminars for the benefit of crime victims; or
(2) rendering confidential assistance to crime victims. Amends the Unified Code of Corrections. Provides that at least one member of the Prisoner Review Board shall be a crime victim or victim advocate.
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| | A BILL FOR |
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| 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 Rights of Crime Victims and Witnesses Act is | 5 | | amended by changing Section 3 as follows:
| 6 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 7 | | Sec. 3. The terms used in this Act, unless the context | 8 | | clearly
requires otherwise, shall have the following meanings:
| 9 | | (a) "Crime victim" and "victim" mean (1) a person | 10 | | physically injured in this State as a
result of a violent crime | 11 | | perpetrated or attempted against that person or (2) a
person | 12 | | who suffers injury to or loss of property as a result of a | 13 | | violent crime
perpetrated or attempted against that person or | 14 | | (3) a single
representative who
may be the spouse, parent, | 15 | | child or sibling of a person killed as a result of a
violent | 16 | | crime perpetrated against the person killed or the spouse, | 17 | | parent,
child or sibling of any person granted rights under | 18 | | this Act who is physically
or mentally incapable of exercising | 19 | | such rights, except where the spouse,
parent, child or sibling | 20 | | is also the defendant or prisoner or (4) any person
against | 21 | | whom a violent crime has been committed or (5) any person
who | 22 | | has suffered personal injury as a result of a violation of | 23 | | Section 11-501
of the Illinois Vehicle Code, or of a similar |
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| 1 | | provision of a local ordinance,
or of Section 9-3 of the | 2 | | Criminal Code of 1961, as amended or (6) in proceedings under | 3 | | the Juvenile Court Act of 1987, both parents, legal guardians, | 4 | | foster parents, or a single adult representative of a minor or | 5 | | disabled person who is a crime victim.
| 6 | | (b) "Witness" means any person who personally observed the | 7 | | commission of
a violent crime and who will testify on behalf of | 8 | | the State of Illinois in
the criminal prosecution of the | 9 | | violent crime.
| 10 | | (c) "Violent Crime" means any felony in which force or | 11 | | threat of force was
used against the victim, or any offense | 12 | | involving sexual exploitation, sexual
conduct or sexual | 13 | | penetration, or a violation of Section 11-20.1 or 11-20.3 of | 14 | | the Criminal Code of 1961, domestic battery, violation of an | 15 | | order of
protection, stalking, or any misdemeanor which results | 16 | | in death or great bodily
harm to the victim or any violation of | 17 | | Section 9-3 of the Criminal Code of
1961, or Section 11-501 of | 18 | | the Illinois Vehicle
Code, or a similar provision of a local | 19 | | ordinance, if the violation resulted
in personal injury or | 20 | | death, and includes any action committed by a juvenile
that | 21 | | would be a violent crime if committed by an adult. For the | 22 | | purposes of
this paragraph, "personal injury" shall include any | 23 | | Type A injury as indicated
on the traffic accident report | 24 | | completed by a law enforcement officer that
requires immediate | 25 | | professional attention in either a doctor's office or
medical | 26 | | facility. A type A injury shall include severely bleeding |
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| 1 | | wounds,
distorted extremities, and injuries that require the | 2 | | injured party to be
carried from the scene.
| 3 | | (d) "Sentencing Hearing" means any hearing where a sentence | 4 | | is imposed
by the court on a convicted defendant and includes | 5 | | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 6 | | and 5-7-7 of the Unified Code of
Corrections except those cases | 7 | | in which both parties have agreed to the
imposition of a | 8 | | specific sentence.
| 9 | | (e) "Court proceedings" includes the preliminary hearing, | 10 | | any hearing the
effect of which may be the release of the | 11 | | defendant from custody or to alter
the conditions of bond, the | 12 | | trial, sentencing hearing, notice of appeal, any
modification | 13 | | of sentence, probation revocation hearings or parole hearings.
| 14 | | (f) "Concerned citizen"
includes relatives of the victim, | 15 | | friends of the victim, witnesses to the
crime, or any other | 16 | | person associated with the victim or prisoner. | 17 | | (g) "Victim advocate" means a person who works or has | 18 | | worked with crime victims in one or more of the following | 19 | | capacities:
(1) participating in education programs or | 20 | | seminars for the benefit of crime victims; or
(2) rendering | 21 | | confidential assistance to crime victims. | 22 | | (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | 23 | | 96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
| 24 | | Section 10. The Unified Code of Corrections is amended by | 25 | | changing Section 3-3-1 as follows:
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| 1 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 2 | | Sec. 3-3-1. Establishment and Appointment of Prisoner | 3 | | Review Board.
| 4 | | (a) There shall be a Prisoner Review Board independent of | 5 | | the Department
of Corrections which shall be:
| 6 | | (1) the paroling authority for persons sentenced under | 7 | | the
law in effect prior to the effective date of this | 8 | | amendatory
Act of 1977;
| 9 | | (2) the board of review for cases involving the | 10 | | revocation
of good conduct credits or a suspension or | 11 | | reduction in the
rate of accumulating such credit;
| 12 | | (3) the board of review and recommendation for the | 13 | | exercise
of executive clemency by the Governor;
| 14 | | (4) the authority for establishing release dates for
| 15 | | certain prisoners sentenced under the law in existence | 16 | | prior
to the effective date of this amendatory Act of 1977, | 17 | | in
accordance with Section 3-3-2.1 of this Code;
| 18 | | (5) the authority for setting conditions for parole,
| 19 | | mandatory supervised release under Section 5-8-1(a) of | 20 | | this
Code, and determining whether a violation of those | 21 | | conditions
warrant revocation of parole or mandatory | 22 | | supervised release
or the imposition of other sanctions.
| 23 | | (b) The Board shall consist of 15 persons appointed by
the | 24 | | Governor by and with the advice and consent of the Senate.
One | 25 | | member of the Board shall be designated by the Governor
to be |
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| 1 | | Chairman and shall serve as Chairman at the pleasure of
the | 2 | | Governor. At least one member of the Board shall be a crime | 3 | | victim or victim advocate as those terms are defined in Section | 4 | | 3 of the Rights of Crime Victims and Witnesses Act. The members | 5 | | of the Board shall have had at
least 5 years of actual | 6 | | experience in the fields of penology,
corrections work, law | 7 | | enforcement, sociology, law, education,
social work, medicine, | 8 | | psychology, other behavioral sciences,
or a combination | 9 | | thereof. At least 6 members so appointed
must have had at least | 10 | | 3 years experience in the field of
juvenile matters. No more | 11 | | than 8 Board members may be members
of the same political | 12 | | party.
| 13 | | Each member of the Board shall serve on a full-time basis
| 14 | | and shall not hold any other salaried public office, whether | 15 | | elective or
appointive, nor any other office or position of | 16 | | profit, nor engage in any
other business, employment, or | 17 | | vocation. The Chairman of the Board shall
receive $35,000 a | 18 | | year, or an amount set by the Compensation Review Board,
| 19 | | whichever is greater, and each other member $30,000, or an | 20 | | amount set by the
Compensation Review Board, whichever is | 21 | | greater.
| 22 | | (c) Notwithstanding any other provision of this Section,
| 23 | | the term of each member of the Board
who was appointed by the | 24 | | Governor and is in office on June 30, 2003 shall
terminate at | 25 | | the close of business on that date or when all of the successor
| 26 | | members to be appointed pursuant to this amendatory Act of the |
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| 1 | | 93rd General
Assembly have been appointed by the Governor, | 2 | | whichever occurs later. As soon
as possible, the Governor shall | 3 | | appoint persons to fill the vacancies created
by this | 4 | | amendatory Act.
| 5 | | Of the initial members appointed under this amendatory Act | 6 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 7 | | members whose terms shall expire
on the third Monday
in January | 8 | | 2005, 5 members whose terms shall expire on the
third Monday in | 9 | | January 2007, and 5 members whose terms
shall expire on the | 10 | | third Monday in January 2009. Their respective successors
shall | 11 | | be appointed for terms of 6 years from the third Monday
in | 12 | | January of the year of appointment. Each member shall
serve | 13 | | until his successor is appointed and qualified.
| 14 | | Any member may be removed by the Governor for incompetence, | 15 | | neglect of duty,
malfeasance or inability to serve.
| 16 | | (d) The Chairman of the Board shall be its chief executive | 17 | | and
administrative officer. The Board may have an Executive | 18 | | Director; if so,
the Executive Director shall be appointed by | 19 | | the Governor with the advice and
consent of the Senate. The | 20 | | salary and duties of the Executive Director shall
be fixed by | 21 | | the Board.
| 22 | | (Source: P.A. 93-509, eff. 8-11-03; 94-165, eff. 7-11-05.)
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