Full Text of HB2582 97th General Assembly
HB2582ham001 97TH GENERAL ASSEMBLY | Rep. Jim Durkin Filed: 3/10/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2582
| 2 | | AMENDMENT NO. ______. Amend House Bill 2582 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rights of Crime Victims and Witnesses Act | 5 | | is amended by changing Sections 4.5 and 5 as follows:
| 6 | | (725 ILCS 120/4.5)
| 7 | | 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:
| 11 | | (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 |
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| 1 | | closed.
| 2 | | (b) The office of the State's Attorney:
| 3 | | (1) shall provide notice of the filing of information, | 4 | | the return of an
indictment by which a prosecution for any | 5 | | violent crime is commenced, or the
filing of a petition to | 6 | | adjudicate a minor as a delinquent for a violent
crime;
| 7 | | (2) shall provide notice of the date, time, and place | 8 | | of trial;
| 9 | | (3) or victim advocate personnel shall provide | 10 | | information of social
services and financial assistance | 11 | | available for victims of crime, including
information of | 12 | | how to apply for these services and assistance;
| 13 | | (4) shall assist in having any stolen or other personal | 14 | | property held by
law enforcement authorities for | 15 | | evidentiary or other purposes returned as
expeditiously as | 16 | | possible, pursuant to the procedures set out in Section | 17 | | 115-9
of the Code of Criminal Procedure of 1963;
| 18 | | (5) or victim advocate personnel shall provide | 19 | | appropriate employer
intercession services to ensure that | 20 | | employers of victims will cooperate with
the criminal | 21 | | justice system in order to minimize an employee's loss of | 22 | | pay and
other benefits resulting from court appearances;
| 23 | | (6) shall provide information whenever possible, of a | 24 | | secure waiting
area during court proceedings that does not | 25 | | require victims to be in close
proximity to defendant or | 26 | | juveniles accused of a violent crime, and their
families |
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| 1 | | and friends;
| 2 | | (7) shall provide notice to the crime victim of the | 3 | | right to have a
translator present at all court proceedings | 4 | | and, in compliance with the federal Americans
with | 5 | | Disabilities Act of 1990, the right to communications | 6 | | access through a
sign language interpreter or by other | 7 | | means;
| 8 | | (8) in the case of the death of a person, which death | 9 | | occurred in the same
transaction or occurrence in which | 10 | | acts occurred for which a defendant is
charged with an | 11 | | offense, shall notify the spouse, parent, child or sibling | 12 | | of
the decedent of the date of the trial of the person or | 13 | | persons allegedly
responsible for the death;
| 14 | | (9) shall inform the victim of the right to have | 15 | | present at all court
proceedings, subject to the rules of | 16 | | evidence, an advocate or other support
person of the | 17 | | victim's choice, and the right to retain an attorney, at | 18 | | the
victim's own expense, who, upon written notice filed | 19 | | with the clerk of the
court and State's Attorney, is to | 20 | | receive copies of all notices, motions and
court orders | 21 | | filed thereafter in the case, in the same manner as if the | 22 | | victim
were a named party in the case;
| 23 | | (10) at the sentencing hearing shall make a good faith | 24 | | attempt to explain
the minimum amount of time during which | 25 | | the defendant may actually be
physically imprisoned. The | 26 | | Office of the State's Attorney shall further notify
the |
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| 1 | | crime victim of the right to request from the Prisoner | 2 | | Review Board
information concerning the release of the | 3 | | defendant under subparagraph (d)(1)
of this Section;
| 4 | | (11) shall request restitution at sentencing and shall | 5 | | consider
restitution in any plea negotiation, as provided | 6 | | by law; and
| 7 | | (12) shall, upon the court entering a verdict of not | 8 | | guilty by reason of insanity, inform the victim of the | 9 | | notification services available from the Department of | 10 | | Human Services, including the statewide telephone number, | 11 | | under subparagraph (d)(2) of this Section. | 12 | | (c) At the written request of the crime victim, the office | 13 | | of the State's
Attorney shall:
| 14 | | (1) provide notice a reasonable time in advance of the | 15 | | following court
proceedings: preliminary hearing, any | 16 | | hearing the effect of which may be the
release of defendant | 17 | | from custody, or to alter the conditions of bond and the
| 18 | | sentencing hearing. The crime victim shall also be notified | 19 | | of the
cancellation of the court proceeding in sufficient | 20 | | time, wherever possible, to
prevent an unnecessary | 21 | | appearance in court;
| 22 | | (2) provide notice within a reasonable time after | 23 | | receipt of notice from
the custodian, of the release of the | 24 | | defendant on bail or personal recognizance
or the release | 25 | | from detention of a minor who has been detained for a | 26 | | violent
crime;
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| 1 | | (3) explain in nontechnical language the details of any | 2 | | plea or verdict of
a defendant, or any adjudication of a | 3 | | juvenile as a delinquent for a violent
crime;
| 4 | | (4) where practical, consult with the crime victim | 5 | | before the Office of
the State's Attorney makes an offer of | 6 | | a plea bargain to the defendant or
enters into negotiations | 7 | | with the defendant concerning a possible plea
agreement, | 8 | | and shall consider the written victim impact statement, if | 9 | | prepared
prior to entering into a plea agreement;
| 10 | | (5) provide notice of the ultimate disposition of the | 11 | | cases arising from
an indictment or an information, or a | 12 | | petition to have a juvenile adjudicated
as a delinquent for | 13 | | a violent crime;
| 14 | | (6) provide notice of any appeal taken by the defendant | 15 | | and information
on how to contact the appropriate agency | 16 | | handling the appeal;
| 17 | | (7) provide notice of any request for post-conviction | 18 | | review filed by the
defendant under Article 122 of the Code | 19 | | of Criminal Procedure of 1963, and of
the date, time and | 20 | | place of any hearing concerning the petition. Whenever
| 21 | | possible, notice of the hearing shall be given in advance;
| 22 | | (8) forward a copy of any statement presented under | 23 | | Section 6 to the
Prisoner Review Board to be considered by | 24 | | the Board in making its determination
under subsection (b) | 25 | | of Section 3-3-8 of the Unified Code of Corrections.
| 26 | | (d) (1) The Prisoner Review Board shall inform a victim or |
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| 1 | | any other
concerned citizen, upon written request, of the | 2 | | prisoner's release on parole,
mandatory supervised release, | 3 | | electronic detention, work release, international transfer or | 4 | | exchange, or by the
custodian of the discharge of any | 5 | | individual who was adjudicated a delinquent
for a violent crime | 6 | | from State custody and by the sheriff of the appropriate
county | 7 | | of any such person's final discharge from county custody.
The | 8 | | Prisoner Review Board, upon written request, shall provide to a | 9 | | victim or
any other concerned citizen a recent photograph of | 10 | | any person convicted of a
felony, upon his or her release from | 11 | | custody.
The Prisoner
Review Board, upon written request, shall | 12 | | inform a victim or any other
concerned citizen when feasible at | 13 | | least 7 days prior to the prisoner's release
on furlough of the | 14 | | times and dates of such furlough. Upon written request by
the | 15 | | victim or any other concerned citizen, the State's Attorney | 16 | | shall notify
the person once of the times and dates of release | 17 | | of a prisoner sentenced to
periodic imprisonment. Notification | 18 | | shall be based on the most recent
information as to victim's or | 19 | | other concerned citizen's residence or other
location | 20 | | available to the notifying authority.
| 21 | | (2) When the defendant has been committed to the Department | 22 | | of
Human Services pursuant to Section 5-2-4 or any other
| 23 | | provision of the Unified Code of Corrections, the victim may | 24 | | request to be
notified by the releasing authority of the | 25 | | approval by the court of an unsupervised on-grounds pass, | 26 | | approval by the court of a supervised or unsupervised |
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| 1 | | off-grounds pass, approval by the court of a transfer to a | 2 | | nonsecure facility, approval by the court of a conditional | 3 | | release, escape, death defendant's furloughs, temporary | 4 | | release , or final discharge from State
custody. The Department | 5 | | of Human Services shall establish and maintain a statewide | 6 | | telephone number to be used by victims to make notification | 7 | | requests under these provisions and shall publicize this | 8 | | telephone number on its website and to the State's Attorney of | 9 | | each county.
| 10 | | (3) In the event of an escape from State custody, the | 11 | | Department of
Corrections or the Department of Juvenile Justice | 12 | | immediately shall notify the Prisoner Review Board of the | 13 | | escape
and the Prisoner Review Board shall notify the victim. | 14 | | The notification shall
be based upon the most recent | 15 | | information as to the victim's residence or other
location | 16 | | available to the Board. When no such information is available, | 17 | | the
Board shall make all reasonable efforts to obtain the | 18 | | information and make
the notification. When the escapee is | 19 | | apprehended, the Department of
Corrections or the Department of | 20 | | Juvenile Justice immediately shall notify the Prisoner Review | 21 | | Board and the Board
shall notify the victim.
| 22 | | (4) The victim of the crime for which the prisoner has been | 23 | | sentenced
shall receive reasonable written notice not less than | 24 | | 30 days prior to the
parole interview and may submit, in | 25 | | writing, on film, videotape or other
electronic means or in the | 26 | | form of a recording or in person at the parole
interview
or if |
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| 1 | | a victim of a violent crime, by calling the
toll-free number | 2 | | established in subsection (f) of this Section, information
for
| 3 | | consideration by the Prisoner Review Board. The
victim shall be | 4 | | notified within 7 days after the prisoner has been granted
| 5 | | parole and shall be informed of the right to inspect the | 6 | | registry of parole
decisions, established under subsection (g) | 7 | | of Section 3-3-5 of the Unified
Code of Corrections. The | 8 | | provisions of this paragraph (4) are subject to the
Open Parole | 9 | | Hearings Act.
| 10 | | (5) If a statement is presented under Section 6, the | 11 | | Prisoner Review Board
shall inform the victim of any order of | 12 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 13 | | Unified Code of Corrections.
| 14 | | (6) At the written request of the victim of the crime for | 15 | | which the
prisoner was sentenced or the State's Attorney of the | 16 | | county where the person seeking parole was prosecuted, the | 17 | | Prisoner Review Board shall notify the victim and the State's | 18 | | Attorney of the county where the person seeking parole was | 19 | | prosecuted of
the death of the prisoner if the prisoner died | 20 | | while on parole or mandatory
supervised release.
| 21 | | (7) When a defendant who has been committed to the | 22 | | Department of
Corrections, the Department of Juvenile Justice, | 23 | | or the Department of Human Services is released or discharged | 24 | | and
subsequently committed to the Department of Human Services | 25 | | as a sexually
violent person and the victim had requested to be | 26 | | notified by the releasing
authority of the defendant's |
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| 1 | | discharge , conditional release, death, or escape from State | 2 | | custody, the releasing
authority shall provide to the | 3 | | Department of Human Services such information
that would allow | 4 | | the Department of Human Services to contact the victim.
| 5 | | (8) When a defendant has been convicted of a sex offense as | 6 | | defined in Section 2 of the Sex Offender Registration Act and | 7 | | has been sentenced to the Department of Corrections or the | 8 | | Department of Juvenile Justice, the Prisoner Review Board shall | 9 | | notify the victim of the sex offense of the prisoner's | 10 | | eligibility for release on parole,
mandatory supervised | 11 | | release, electronic detention, work release, international | 12 | | transfer or exchange, or by the
custodian of the discharge of | 13 | | any individual who was adjudicated a delinquent
for a sex | 14 | | offense from State custody and by the sheriff of the | 15 | | appropriate
county of any such person's final discharge from | 16 | | county custody. The notification shall be made to the victim at | 17 | | least 30 days, whenever possible, before release of the sex | 18 | | offender. | 19 | | (e) The officials named in this Section may satisfy some or | 20 | | all of their
obligations to provide notices and other | 21 | | information through participation in a
statewide victim and | 22 | | witness notification system established by the Attorney
| 23 | | General under Section 8.5 of this Act.
| 24 | | (f) To permit a victim of a violent crime to provide | 25 | | information to the
Prisoner Review Board for consideration by | 26 | | the
Board at a parole hearing of a person who committed the |
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| 1 | | crime against
the victim in accordance with clause (d)(4) of | 2 | | this Section or at a proceeding
to determine the conditions of | 3 | | mandatory supervised release of a person
sentenced to a | 4 | | determinate sentence or at a hearing on revocation of mandatory
| 5 | | supervised release of a person sentenced to a determinate | 6 | | sentence, the Board
shall establish a toll-free number that may | 7 | | be accessed by the victim of
a violent crime to present that | 8 | | information to the Board.
| 9 | | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 10 | | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | 11 | | 96-875, eff. 1-22-10.)
| 12 | | (725 ILCS 120/5) (from Ch. 38, par. 1405)
| 13 | | Sec. 5. Rights of Witnesses.
| 14 | | (a) Witnesses as defined in subsection (b) of
Section 3 of | 15 | | this Act shall have the following rights:
| 16 | | (1) to be notified by the Office of the State's | 17 | | Attorney of all court
proceedings at which the witness' | 18 | | presence is required in a reasonable
amount of time prior | 19 | | to the proceeding, and to be notified of the
cancellation | 20 | | of any scheduled court proceeding in sufficient time to
| 21 | | prevent an unnecessary appearance in court, where | 22 | | possible;
| 23 | | (2) to be provided with appropriate employer | 24 | | intercession services by
the Office of the State's Attorney | 25 | | or the victim advocate personnel to
ensure
that employers |
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| 1 | | of witnesses will cooperate with the criminal justice | 2 | | system
in order to minimize an employee's loss of pay and | 3 | | other benefits resulting
from court appearances;
| 4 | | (3) to be provided, whenever possible, a secure waiting | 5 | | area during
court proceedings that does not require | 6 | | witnesses to be in close proximity
to defendants and their | 7 | | families and friends;
| 8 | | (4) to be provided with notice by the Office of the | 9 | | State's Attorney,
where necessary, of the right to have a | 10 | | translator
present whenever the witness' presence is | 11 | | required and, in compliance with the federal Americans
with | 12 | | Disabilities Act of 1990, to be provided with notice of the | 13 | | right to communications access through a
sign language | 14 | | interpreter or by other means.
| 15 | | (b) At the written request of the witness, the witness | 16 | | shall:
| 17 | | (1) receive notice from the office of the State's | 18 | | Attorney of any request
for post-conviction review filed by | 19 | | the defendant under Article 122 of the Code
of Criminal | 20 | | Procedure of 1963, and of the date, time, and place of any | 21 | | hearing
concerning the petition for post-conviction | 22 | | review; whenever possible, notice
of the hearing on the | 23 | | petition shall be given in advance;
| 24 | | (2) receive notice by the releasing authority of the | 25 | | approval by the court of an unsupervised on-grounds pass, | 26 | | approval by the court of a supervised or unsupervised |
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| 1 | | off-grounds pass, approval by the court of a transfer to a | 2 | | nonsecure facility, approval by the court of a conditional | 3 | | release, escape, death, or final discharge from State | 4 | | custody. The Department of Human Services shall establish | 5 | | and maintain a statewide telephone number to be used by | 6 | | victims to make notification requests under these | 7 | | provisions and shall publicize this telephone number on its | 8 | | website and to the State's Attorney of each county | 9 | | defendant's discharge
from State custody if the defendant | 10 | | was committed to the Department of Human Services under | 11 | | Section 5-2-4 or any other
provision of the Unified Code of | 12 | | Corrections ;
| 13 | | (3) receive notice from the Prisoner Review Board of | 14 | | the prisoner's escape
from State custody, after the Board | 15 | | has been notified of the escape by the
Department of | 16 | | Corrections or the Department of Juvenile Justice;
when the | 17 | | escapee is apprehended, the Department of Corrections or | 18 | | the Department of Juvenile Justice shall
immediately | 19 | | notify the Prisoner Review Board and the Board shall notify | 20 | | the
witness;
| 21 | | (4) receive notice from the Prisoner Review Board of | 22 | | the prisoner's
release on parole, electronic detention, | 23 | | work release or mandatory supervised
release and of the | 24 | | prisoner's final
discharge from parole, electronic | 25 | | detention, work release, or mandatory
supervised release.
| 26 | | (Source: P.A. 94-696, eff. 6-1-06; 95-897, eff. 1-1-09.)".
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