Full Text of HB0129 99th General Assembly
HB0129ham001 99TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/19/2015
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| 1 | | AMENDMENT TO HOUSE BILL 129
| 2 | | AMENDMENT NO. ______. Amend House Bill 129 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as Marsy's Law. | 5 | | Section 5. The Rights of Crime Victims and Witnesses Act is | 6 | | amended by changing Sections 2, 3, 4, 4.5, 6, 7, 8.5, and 9 as | 7 | | follows:
| 8 | | (725 ILCS 120/2) (from Ch. 38, par. 1402)
| 9 | | Sec. 2.
The purpose of this Act is to implement, preserve , | 10 | | and protect , and enforce the
rights guaranteed to crime victims | 11 | | by Article I, Section 8.1 of the Illinois
Constitution to | 12 | | ensure that crime victims are treated with fairness and
respect | 13 | | for their dignity and privacy throughout the criminal justice | 14 | | system , to ensure that crime victims are informed of their | 15 | | rights and have standing to assert their rights in the trial |
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| 1 | | and appellate courts, to establish procedures for enforcement | 2 | | of those rights,
and to increase the effectiveness of the | 3 | | criminal justice system by affording
certain basic rights and | 4 | | considerations to the witnesses of violent crime who
are | 5 | | essential to prosecution.
| 6 | | (Source: P.A. 88-489.)
| 7 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 8 | | Sec. 3. The terms used in this Act , unless the context | 9 | | clearly
requires otherwise, shall have the following meanings:
| 10 | | (a) "Crime victim" or "victim" means: (1) any natural | 11 | | person determined by the prosecutor or the court to have | 12 | | suffered direct physical or psychological harm as a result of a | 13 | | violent crime perpetrated or attempted against that person or | 14 | | direct physical or psychological harm as a result of (i) a | 15 | | violation of Section 11-501 of the Illinois Vehicle Code or | 16 | | similar provision of a local ordinance or (ii) a violation of | 17 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012; (2) in the case of a crime victim who is under 18 years | 19 | | of age or an adult victim who is incompetent or incapacitated, | 20 | | both parents, legal guardians, foster parents, or a single | 21 | | adult representative; (3) in the case of an adult deceased | 22 | | victim, 2 representatives who may be the spouse, parent, child | 23 | | or sibling of the victim, or the representative of the victim's | 24 | | estate; and (4) an immediate family member of a victim under | 25 | | clause (1) of this paragraph (a) chosen by the victim. If the |
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| 1 | | victim is 18 years of age or over, the victim may choose any | 2 | | person to be the victim's representative. In no event shall the | 3 | | defendant or any person who aided and abetted in the commission | 4 | | of the crime be considered a victim, a crime victim, or a | 5 | | representative of the victim. | 6 | | A board, agency, or other governmental entity making | 7 | | decisions regarding an offender's release, sentence reduction, | 8 | | or clemency can determine additional persons are victims for | 9 | | the purpose of its proceedings. "Crime victim" and "victim" | 10 | | mean (1) a person physically injured in this State as a
result | 11 | | of a violent crime perpetrated or attempted against that person | 12 | | or (2) a
person who suffers injury to or loss of property as a | 13 | | result of a violent crime
perpetrated or attempted against that | 14 | | person or (3) a single
representative who
may be the spouse, | 15 | | parent, child or sibling of a person killed as a result of a
| 16 | | violent crime perpetrated against the person killed or the | 17 | | spouse, parent,
child or sibling of any person granted rights | 18 | | under this Act who is physically
or mentally incapable of | 19 | | exercising such rights, except where the spouse,
parent, child | 20 | | or sibling is also the defendant or prisoner or (4) any person
| 21 | | against whom a violent crime has been committed or (5) any | 22 | | person
who has suffered personal injury as a result of a | 23 | | violation of Section 11-501
of the Illinois Vehicle Code, or of | 24 | | a similar provision of a local ordinance,
or of Section 9-3 of | 25 | | the Criminal Code of 1961 or the Criminal Code of 2012 or (6) | 26 | | in proceedings under the Juvenile Court Act of 1987, both |
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| 1 | | parents, legal guardians, foster parents, or a single adult | 2 | | representative of a minor or disabled person who is a crime | 3 | | victim.
| 4 | | (a-3) "Advocate" means a person whose communications with | 5 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 6 | | the Code of Civil Procedure, or Section 227 of the Illinois | 7 | | Domestic Violence Act of 1986. | 8 | | (a-5) "Confer" means to consult together, share | 9 | | information, compare opinions and carry on a discussion or | 10 | | deliberation. | 11 | | (a-7) "Sentence" includes, but is not limited to, the | 12 | | imposition of sentence, a request for a reduction in sentence, | 13 | | parole, mandatory supervised release, aftercare release, early | 14 | | release, clemency, or a proposal that would reduce the | 15 | | defendant's sentence or result in the defendant's release. | 16 | | "Early release" refers to a discretionary release. | 17 | | (a-9) "Sentencing" includes, but is not limited to, the | 18 | | imposition of sentence and a request for a reduction in | 19 | | sentence, parole, mandatory supervised release, aftercare | 20 | | release, or early release. | 21 | | (b) "Witness" means any person who personally observed the | 22 | | commission of
a violent crime and who will testify on behalf of | 23 | | the State of Illinois in
the criminal prosecution of the | 24 | | violent crime .
| 25 | | (c) "Violent Crime" means : (1) any felony in which force or | 26 | | threat of force was
used against the victim ; (2) , or any |
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| 1 | | offense involving sexual exploitation, sexual
conduct or | 2 | | sexual penetration ; (3) , or a violation of Section 11-20.1, | 3 | | 11-20.1B, or 11-20.3 , or 11-23.5 of the Criminal Code of 1961 | 4 | | or the Criminal Code of 2012 ; (4) , domestic battery ; (5) , | 5 | | violation of an order of
protection, stalking, a civil no | 6 | | contact order, or a stalking no contact order; (6) or any | 7 | | misdemeanor which results in death or great bodily
harm to the | 8 | | victim ; or (7) any violation of Section 9-3 of the Criminal | 9 | | Code of
1961 or the Criminal Code of 2012, or Section 11-501 of | 10 | | the Illinois Vehicle
Code, or a similar provision of a local | 11 | | ordinance, if the violation resulted
in personal injury or | 12 | | death . "Violent crime" , and includes any action committed by a | 13 | | juvenile
that would be a violent crime if committed by an | 14 | | adult. For the purposes of
this paragraph, "personal injury" | 15 | | shall include any Type A injury as indicated
on the traffic | 16 | | accident report completed by a law enforcement officer that
| 17 | | requires immediate professional attention in either a doctor's | 18 | | office or
medical facility. A type A injury shall include | 19 | | severely bleeding wounds,
distorted extremities, and injuries | 20 | | that require the injured party to be
carried from the scene.
| 21 | | (d) (Blank). "Sentencing Hearing" means any hearing where a | 22 | | sentence is imposed
by the court on a convicted defendant and | 23 | | includes hearings conducted
pursuant to Sections 5-6-4, | 24 | | 5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code of
Corrections.
| 25 | | (e) "Court proceedings" includes , but is not limited to, | 26 | | the preliminary hearing, any post-arraignment hearing the
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| 1 | | effect of which may be the release of the defendant from | 2 | | custody or to alter
the conditions of bond, change of plea | 3 | | hearing, the trial, any pretrial or post-trial hearing, | 4 | | sentencing hearing, notice of appeal , any oral argument or | 5 | | hearing before an Illinois appellate court, any hearing under | 6 | | the Mental Health and Developmental Disabilities Code after a | 7 | | finding that the defendant is not guilty by reason of insanity, | 8 | | any
hearing related to a modification of sentence, probation | 9 | | revocation hearing hearings , aftercare release or parole | 10 | | hearings , post-conviction relief proceedings, habeas corpus | 11 | | proceedings and clemency proceedings related to the | 12 | | defendant's conviction or sentence. For purposes of the | 13 | | victim's right to be present, "court proceedings" does not | 14 | | include (1) hearings under Section 109-1 of the Code of | 15 | | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | 16 | | status hearings, or (4) the issuance of an order or decision of | 17 | | an Illinois court that dismisses a charge, reverses a | 18 | | conviction, reduces a sentence, or releases an offender under a | 19 | | court rule .
| 20 | | (f) "Concerned citizen"
includes relatives of the victim, | 21 | | friends of the victim, witnesses to the
crime, or any other | 22 | | person associated with the victim or prisoner. | 23 | | (g) "Victim's attorney" means an attorney retained by the | 24 | | victim for the purposes of asserting the victim's | 25 | | constitutional and statutory rights. An attorney retained by | 26 | | the victim means an attorney who is hired to represent the |
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| 1 | | victim at the victim's expense or an attorney who has agreed to | 2 | | provide pro bono representation. Nothing in this statute | 3 | | creates a right to counsel at public expense for a victim. | 4 | | (Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13; | 5 | | 98-558, eff. 1-1-14.)
| 6 | | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| 7 | | Sec. 4. Rights of crime victims.
| 8 | | (a) Crime victims shall have the following rights:
| 9 | | (1) The right to be treated with fairness and respect | 10 | | for their dignity
and privacy and to be free from | 11 | | harassment, intimidation, and abuse throughout the | 12 | | criminal justice process.
| 13 | | (1.5) The right to notice and to a hearing before a | 14 | | court ruling on a request for access to any of the victim's | 15 | | records, information, or communications which are | 16 | | privileged or confidential by law.
| 17 | | (2) The right to timely notification of all court | 18 | | proceedings.
| 19 | | (3) The right to communicate with the prosecution.
| 20 | | (4) The right to be heard at any post-arraignment court | 21 | | proceeding in which a right of the victim is at issue and | 22 | | any court proceeding involving a post-arraignment release | 23 | | decision, plea, or make a statement to the court at | 24 | | sentencing.
| 25 | | (5) The right to be notified of information about the |
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| 1 | | conviction, the sentence, the imprisonment
and the release | 2 | | of the accused.
| 3 | | (6) The right to the timely disposition of the case | 4 | | following the arrest
of the accused.
| 5 | | (7) The right to be reasonably protected from the | 6 | | accused through the
criminal justice process.
| 7 | | (7.5) The right to have the safety of the victim and | 8 | | the victim's family considered in denying or fixing the | 9 | | amount of bail, determining whether to release the | 10 | | defendant, and setting conditions of release after arrest | 11 | | and conviction.
| 12 | | (8) The right to be present at the trial and all other | 13 | | court proceedings
on the same basis as the accused, unless | 14 | | the victim is to testify and the court
determines that the | 15 | | victim's testimony would be materially affected if the
| 16 | | victim hears other testimony at the trial.
| 17 | | (9) The the right to have present at all court | 18 | | proceedings, including proceedings under the Juvenile | 19 | | Court Act of 1987, subject to the admonition of the rules | 20 | | of confidentiality and subject to the
rules of evidence, a | 21 | | victim-witness specialist, an advocate and or other | 22 | | support person of the victim's choice.
| 23 | | (10) The right to restitution.
| 24 | | (b) Any law enforcement agency that investigates an offense | 25 | | committed in this State shall provide a crime victim with a | 26 | | written statement and explanation of the rights of crime |
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| 1 | | victims within 48 hours of law enforcement's initial contact | 2 | | with a victim. The statement shall include information about | 3 | | crime victim compensation, including how to contact the Office | 4 | | of the Illinois Attorney General to file a claim, and | 5 | | appropriate referrals to local and State programs that provide | 6 | | victim services. The content of the statement shall be provided | 7 | | to law enforcement by the Attorney General. Law enforcement | 8 | | shall also provide a crime victim with a sign-off sheet that | 9 | | the victim shall sign and date as an acknowledgement that he or | 10 | | she has been furnished with information and an explanation of | 11 | | the rights of crime victims and compensation set forth in this | 12 | | Act. | 13 | | (c) The Clerk of the Circuit Court shall post the rights of | 14 | | crime victims set forth in Article I, Section 8.1(a) of the | 15 | | Illinois Constitution and subsection (a) of this Section within | 16 | | 3 feet of the door to any courtroom where criminal proceedings | 17 | | are conducted. The clerk may also post the rights in other | 18 | | locations in the courthouse. | 19 | | (d) A statement and explanation of the rights of crime | 20 | | victims set forth in paragraph (a) of this Section shall be | 21 | | given to a crime victim at the initial
contact with the | 22 | | criminal justice system by the appropriate authorities and | 23 | | shall be conspicuously posted in all court facilities.
| 24 | | (Source: P.A. 97-815, eff. 1-1-13.)
| 25 | | (725 ILCS 120/4.5)
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| 1 | | Sec. 4.5. Procedures to implement the rights of crime | 2 | | victims. To afford
crime victims their rights, law enforcement, | 3 | | prosecutors, judges and
corrections will provide information, | 4 | | as appropriate of the following
procedures:
| 5 | | (a) At the request of the crime victim, law enforcement | 6 | | authorities
investigating the case shall provide notice of the | 7 | | status of the investigation,
except where the State's Attorney | 8 | | determines that disclosure of such
information would | 9 | | unreasonably interfere with the investigation, until such
time | 10 | | as the alleged assailant is apprehended or the investigation is | 11 | | closed.
| 12 | | (a-5) When law enforcement authorities re-open a closed | 13 | | case to resume investigating, they shall provide notice of the | 14 | | re-opening of the case, except where the State's Attorney | 15 | | determines that disclosure of such information would | 16 | | unreasonably interfere with the investigation. | 17 | | (b) The office of the State's Attorney:
| 18 | | (1) shall provide notice of the filing of an | 19 | | information, the return of an
indictment by which a | 20 | | prosecution for any violent crime is commenced , or the
| 21 | | filing of a petition to adjudicate a minor as a delinquent | 22 | | for a violent
crime;
| 23 | | (2) shall provide timely notice of the date, time, and | 24 | | place of court proceedings; of any change in the date, | 25 | | time, and place of court proceedings; and of any | 26 | | cancellation of court proceedings. Notice shall be |
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| 1 | | provided in sufficient time, wherever possible, for the | 2 | | victim to
make arrangements to attend or to prevent an | 3 | | unnecessary appearance at court proceedings trial ;
| 4 | | (3) or victim advocate personnel shall provide | 5 | | information of social
services and financial assistance | 6 | | available for victims of crime, including
information of | 7 | | how to apply for these services and assistance;
| 8 | | (3.5) or victim advocate personnel shall provide | 9 | | information about available victim services, including | 10 | | referrals to programs, counselors, and agencies that | 11 | | assist a victim to deal with trauma, loss, and grief;
| 12 | | (4) shall assist in having any stolen or other personal | 13 | | property held by
law enforcement authorities for | 14 | | evidentiary or other purposes returned as
expeditiously as | 15 | | possible, pursuant to the procedures set out in Section | 16 | | 115-9
of the Code of Criminal Procedure of 1963;
| 17 | | (5) or victim advocate personnel shall provide | 18 | | appropriate employer
intercession services to ensure that | 19 | | employers of victims will cooperate with
the criminal | 20 | | justice system in order to minimize an employee's loss of | 21 | | pay and
other benefits resulting from court appearances;
| 22 | | (6) shall provide , information whenever possible, of a | 23 | | secure waiting
area during court proceedings that does not | 24 | | require victims to be in close
proximity to defendants | 25 | | defendant or juveniles accused of a violent crime, and | 26 | | their
families and friends;
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| 1 | | (7) shall provide notice to the crime victim of the | 2 | | right to have a
translator present at all court proceedings | 3 | | and, in compliance with the federal Americans
with | 4 | | Disabilities Act of 1990, the right to communications | 5 | | access through a
sign language interpreter or by other | 6 | | means;
| 7 | | (8) (blank); in the case of the death of a person, | 8 | | which death occurred in the same
transaction or occurrence | 9 | | in which acts occurred for which a defendant is
charged | 10 | | with an offense, shall notify the spouse, parent, child or | 11 | | sibling of
the decedent of the date of the trial of the | 12 | | person or persons allegedly
responsible for the death;
| 13 | | (8.5) shall inform the victim of the right to be | 14 | | present at all court proceedings, unless the victim is to | 15 | | testify and the court determines that the victim's | 16 | | testimony would be materially affected if the victim hears | 17 | | other testimony at trial;
| 18 | | (9) shall inform the victim of the right to have | 19 | | present at all court
proceedings, subject to the rules of | 20 | | evidence and confidentiality , an advocate and or other | 21 | | support
person of the victim's choice ; , and | 22 | | (9.3) shall inform the victim of the right to retain an | 23 | | attorney, at the
victim's own expense, who, upon written | 24 | | notice filed with the clerk of the
court and State's | 25 | | Attorney, is to receive copies of all notices, motions and
| 26 | | court orders filed thereafter in the case, in the same |
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| 1 | | manner as if the victim
were a named party in the case;
| 2 | | (9.5) shall inform the victim of (A) the victim's right | 3 | | under Section 6 of this Act to make a victim impact | 4 | | statement at the sentencing hearing; (B) the right of the | 5 | | victim's spouse, guardian, parent, grandparent and other | 6 | | immediate family and household members under Section 6 of | 7 | | this Act to present an impact statement at sentencing; and | 8 | | (C) if a presentence report is to be prepared, the right of | 9 | | the victim's spouse, guardian, parent, grandparent and | 10 | | other immediate family and household members to submit | 11 | | information to the preparer of the presentence report about | 12 | | the effect the offense has had on the victim and the | 13 | | person;
| 14 | | (10) at the sentencing hearing shall make a good faith | 15 | | attempt to explain
the minimum amount of time during which | 16 | | the defendant may actually be
physically imprisoned. The | 17 | | Office of the State's Attorney shall further notify
the | 18 | | crime victim of the right to request from the Prisoner | 19 | | Review Board
information concerning the release of the | 20 | | defendant under subparagraph (d)(1)
of this Section;
| 21 | | (11) shall request restitution at sentencing and as | 22 | | part of a plea agreement unless the victim expressly waives | 23 | | the right to restitution in writing or orally on the record | 24 | | shall consider
restitution in any plea negotiation, as | 25 | | provided by law ; and
| 26 | | (12) shall, upon the court entering a verdict of not |
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| 1 | | guilty by reason of insanity, inform the victim of the | 2 | | notification services available from the Department of | 3 | | Human Services, including the statewide telephone number, | 4 | | under subparagraph (d)(2) of this Section ; . | 5 | | (c) At the written request of the crime victim, the office | 6 | | of the State's
Attorney shall:
| 7 | | (1) provide notice a reasonable time in advance of the | 8 | | following court
proceedings: preliminary hearing, any | 9 | | hearing the effect of which may be the
release of defendant | 10 | | from custody, or to alter the conditions of bond and the
| 11 | | sentencing hearing. The crime victim shall also be notified | 12 | | of the
cancellation of the court proceeding in sufficient | 13 | | time, wherever possible, to
prevent an unnecessary | 14 | | appearance in court;
| 15 | | (13) shall (2) provide notice within a reasonable time | 16 | | after receipt of notice from
the custodian, of the release | 17 | | of the defendant on bail or personal recognizance
or the | 18 | | release from detention of a minor who has been detained for | 19 | | a violent
crime ;
| 20 | | (14) shall (3) explain in nontechnical language the | 21 | | details of any plea or verdict of
a defendant, or any | 22 | | adjudication of a juvenile as a delinquent for a violent
| 23 | | crime ;
| 24 | | (15) shall make all reasonable efforts to (4) where | 25 | | practical, consult with the crime victim before the Office | 26 | | of
the State's Attorney makes an offer of a plea bargain to |
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| 1 | | the defendant or
enters into negotiations with the | 2 | | defendant concerning a possible plea
agreement, and shall | 3 | | consider the written victim impact statement, if prepared
| 4 | | prior to entering into a plea agreement . The right to | 5 | | consult with the prosecutor does not include the right to | 6 | | veto a plea agreement or to insist the case go to trial. If | 7 | | the State's Attorney has not consulted with the victim | 8 | | prior to making an offer or entering into plea negotiations | 9 | | with the defendant, the Office of the State's Attorney | 10 | | shall notify the victim of the offer or the negotiations | 11 | | within 2 business days and confer with the victim. If a | 12 | | plea agreement has been executed prior to a victim's | 13 | | opportunity to confer, the State's Attorney shall inform | 14 | | the victim of the right to file a motion to reopen the plea | 15 | | under this Section and explain how to file the motion and | 16 | | what the motion must contain. The State's Attorney may | 17 | | provide the victim with a template motion ;
| 18 | | (16) shall (5) provide notice of the ultimate | 19 | | disposition of the cases arising from
an indictment or an | 20 | | information, or a petition to have a juvenile adjudicated
| 21 | | as a delinquent for a violent crime;
| 22 | | (17) shall (6) provide notice of any appeal taken by | 23 | | the defendant and information
on how to contact the | 24 | | appropriate agency handling the appeal , and how to request | 25 | | notice of any hearing, oral argument, or decision of an | 26 | | appellate court ;
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| 1 | | (18) shall (7) provide timely notice of any request for | 2 | | post-conviction review filed by the
defendant under | 3 | | Article 122 of the Code of Criminal Procedure of 1963, and | 4 | | of
the date, time and place of any hearing concerning the | 5 | | petition. Whenever
possible, notice of the hearing shall be | 6 | | given within 48 hours of the of the court's scheduling of | 7 | | the hearing; and in advance;
| 8 | | (19) shall (8) forward a copy of any statement | 9 | | presented under Section 6 to the
Prisoner Review Board to | 10 | | be considered by the Board in making its determination
| 11 | | under subsection (b) of Section 3-3-8 of the Unified Code | 12 | | of Corrections.
| 13 | | (c) The court shall ensure that the rights of the victim | 14 | | are afforded. | 15 | | (c-5) The following procedures shall be followed to afford | 16 | | victims the rights guaranteed by Article I, Section 8.1 of the | 17 | | Illinois Constitution: | 18 | | (1) Written notice. A victim may complete a written | 19 | | notice of intent to assert rights on a form prepared by the | 20 | | Office of the Attorney General and provided to the victim | 21 | | by the State's Attorney. The victim may at any time provide | 22 | | a revised written notice to the State's Attorney. The | 23 | | State's Attorney shall file the written notice with the | 24 | | court. At the beginning of any court proceeding in which | 25 | | the right of a victim may be at issue, the court and | 26 | | prosecutor shall review the written notice to determine |
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| 1 | | whether the victim has asserted the right that may be at | 2 | | issue. | 3 | | (2) Victim's retained attorney. A victim's attorney | 4 | | shall file an entry of appearance limited to assertion of | 5 | | the victim's rights. Upon the filing of the entry of | 6 | | appearance and service on the State's Attorney and the | 7 | | defendant, the attorney is to receive copies of all | 8 | | notices, motions and court orders filed thereafter in the | 9 | | case. | 10 | | (3) Standing. The victim has standing to assert the | 11 | | rights enumerated in subsection (a) of Article I, Section | 12 | | 8.1 of the Illinois Constitution and the statutory rights | 13 | | under Section 4 of this Act in any court exercising | 14 | | jurisdiction over the criminal case. The prosecuting | 15 | | attorney, a victim, or the victim's retained attorney may | 16 | | assert the victim's rights. The defendant in the criminal | 17 | | case has no standing to assert a right of the victim in any | 18 | | court proceeding, including on appeal. | 19 | | (4) Assertion of and enforcement of rights. | 20 | | (A) The prosecuting attorney shall assert a | 21 | | victim's right or request enforcement of a right by | 22 | | filing a motion or by orally asserting the right or | 23 | | requesting enforcement in open court in the criminal | 24 | | case outside the presence of the jury. The prosecuting | 25 | | attorney shall consult with the victim and the victim's | 26 | | attorney regarding the assertion or enforcement of a |
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| 1 | | right. If the prosecuting attorney decides not to | 2 | | assert or enforce a victim's right, the prosecuting | 3 | | attorney shall notify the victim or the victim's | 4 | | attorney in sufficient time to allow the victim or the | 5 | | victim's attorney to assert the right or to seek | 6 | | enforcement of a right. | 7 | | (B) If the prosecuting attorney elects not to | 8 | | assert a victim's right or to seek enforcement of a | 9 | | right, the victim or the victim's attorney may assert | 10 | | the victim's right or request enforcement of a right by | 11 | | filing a motion or by orally asserting the right or | 12 | | requesting enforcement in open court in the criminal | 13 | | case outside the presence of the jury. | 14 | | (C) If the prosecuting attorney asserts a victim's | 15 | | right or seeks enforcement of a right, and the court | 16 | | denies the assertion of the right or denies the request | 17 | | for enforcement of a right, the victim or victim's | 18 | | attorney may file a motion to assert the victim's right | 19 | | or to request enforcement of the right within 10 days | 20 | | of the court's ruling. The motion need not demonstrate | 21 | | the grounds for a motion for reconsideration. The court | 22 | | shall rule on the merits of the motion. | 23 | | (D) The court shall take up and decide any motion | 24 | | or request asserting or seeking enforcement of a | 25 | | victim's right without delay, unless a specific time | 26 | | period is specified by law or court rule. The reasons |
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| 1 | | for any decision denying the motion or request shall be | 2 | | clearly stated on the record. | 3 | | (5) Violation of rights and remedies. | 4 | | (A) If the court determines that a victim's right | 5 | | has been violated, the court shall determine the | 6 | | appropriate remedy for the violation of the victim's | 7 | | right by hearing from the victim and the parties, | 8 | | considering all factors relevant to the issue, and then | 9 | | awarding appropriate relief to the victim. | 10 | | (B) The appropriate remedy shall include only | 11 | | actions necessary to provide the victim the right to | 12 | | which the victim was entitled and may include reopening | 13 | | previously held proceedings; however, in no event | 14 | | shall the court vacate a conviction. Any remedy shall | 15 | | be tailored to provide the victim an appropriate remedy | 16 | | without violating any constitutional right of the | 17 | | defendant. In no event shall the appropriate remedy be | 18 | | a new trial, damages, or costs. | 19 | | (6) Right to be heard. Whenever a victim has the right | 20 | | to be heard, the court shall allow the victim to exercise | 21 | | the right in any reasonable manner the victim chooses. | 22 | | (7) Right to attend trial. A party must file a written | 23 | | motion to exclude a victim from trial at least 60 days | 24 | | prior to the date set for trial. The motion must state with | 25 | | specificity the reason exclusion is necessary to protect a | 26 | | constitutional right of the party, and must contain an |
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| 1 | | offer of proof. The court shall rule on the motion within | 2 | | 30 days. If the motion is granted, the court shall set | 3 | | forth on the record the facts that support its finding that | 4 | | the victim's testimony will be materially affected if the | 5 | | victim hears other testimony at trial. | 6 | | (8) Right to have advocate present. A party who intends | 7 | | to call an advocate as a witness must seek permission of | 8 | | the court before the subpoena is issued. The party must | 9 | | file a written motion and offer of proof regarding the | 10 | | anticipated testimony of the advocate in sufficient time to | 11 | | allow the court to rule and the victim to seek appellate | 12 | | review. The court shall rule on the motion without delay. | 13 | | (9) Right to notice and hearing before disclosure of | 14 | | confidential or privileged information or records. A | 15 | | defendant who seeks to subpoena records of or concerning | 16 | | the victim that are confidential or privileged by law must | 17 | | seek permission of the court before the subpoena is issued. | 18 | | The defendant must file a written motion and an offer of | 19 | | proof regarding the relevance, admissibility and | 20 | | materiality of the records. If the court finds by clear and | 21 | | convincing evidence that: (A) the records are not protected | 22 | | by an absolute privilege and (B) the records contain | 23 | | relevant, admissible, and material evidence that is not | 24 | | available through other witnesses or evidence, the court | 25 | | shall issue a subpoena requiring a sealed copy of the | 26 | | records be delivered to the court to be reviewed in camera. |
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| 1 | | If, after conducting an in camera review of the records, | 2 | | the court determines that due process requires disclosure | 3 | | of any portion of the records, the court shall provide | 4 | | copies of what it intends to disclose to the prosecuting | 5 | | attorney and the victim. The prosecuting attorney and the | 6 | | victim shall have 30 days to seek appellate review before | 7 | | the records are disclosed to the defendant. The disclosure | 8 | | of copies of any portion of the records to the prosecuting | 9 | | attorney does not make the records subject to discovery. | 10 | | (10) Right to notice of court proceedings. If the | 11 | | victim is not present at a court proceeding in which a | 12 | | right of the victim is at issue, the court shall ask the | 13 | | prosecuting attorney whether the victim was notified of the | 14 | | time, place, and purpose of the court proceeding and that | 15 | | the victim had a right to be heard at the court proceeding. | 16 | | If the court determines that timely notice was not given or | 17 | | that the victim was not adequately informed of the nature | 18 | | of the court proceeding, the court shall not rule on any | 19 | | substantive issues, accept a plea, or impose a sentence and | 20 | | shall continue the hearing for the time necessary to notify | 21 | | the victim of the time, place and nature of the court | 22 | | proceeding. The time between court proceedings shall not be | 23 | | attributable to the State under Section 103-5 of the Code | 24 | | of Criminal Procedure of 1963. | 25 | | (11) Right to timely disposition of the case. A victim | 26 | | has the right to timely disposition of the case so as to |
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| 1 | | minimize the stress, cost, and inconvenience resulting | 2 | | from the victim's involvement in the case. Before ruling on | 3 | | a motion to continue trial or other court proceeding, the | 4 | | court shall inquire into the circumstances for the request | 5 | | for the delay and, if the victim has provided written | 6 | | notice of the assertion of the right to a timely | 7 | | disposition, and whether the victim objects to the delay. | 8 | | If the victim objects, the prosecutor shall inform the | 9 | | court of the victim's objections. If the prosecutor has not | 10 | | conferred with the victim about the continuance, the | 11 | | prosecutor shall inform the court of the attempts to | 12 | | confer. If the court finds the attempts of the prosecutor | 13 | | to confer with the victim were inadequate to protect the | 14 | | victim's right to be heard, the court shall give the | 15 | | prosecutor at least 3 but not more than 5 business days to | 16 | | confer with the victim. In ruling on a motion to continue, | 17 | | the court shall consider the reasons for the requested | 18 | | continuance, the number and length of continuances that | 19 | | have been granted, the victim's objections and procedures | 20 | | to avoid further delays. If a continuance is granted over | 21 | | the victim's objection, the court shall specify on the | 22 | | record the reasons for the continuance and the procedures | 23 | | that have been or will be taken to avoid further delays. | 24 | | (12) Right to Restitution. | 25 | | (A) If the victim has asserted the right to | 26 | | restitution and the amount of restitution is known at |
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| 1 | | the time of sentencing, the court shall enter the | 2 | | judgment of restitution at the time of sentencing. | 3 | | (B) If the victim has asserted the right to | 4 | | restitution and the amount of restitution is not known | 5 | | at the time of sentencing, the prosecutor shall, within | 6 | | 5 days after sentencing, notify the victim what | 7 | | information and documentation related to restitution | 8 | | is needed and that the information and documentation | 9 | | must be provided to the prosecutor within 60 days after | 10 | | sentencing. Failure to timely provide information and | 11 | | documentation related to restitution shall be deemed a | 12 | | waiver of the right to restitution. The prosecutor | 13 | | shall file and serve within 90 days after sentencing a | 14 | | proposed judgment for restitution and a notice that | 15 | | includes information concerning the identity of any | 16 | | victims or other persons seeking restitution, whether | 17 | | any victim or other person expressly declines | 18 | | restitution, the nature and amount of any damages | 19 | | together with any supporting documentation, a | 20 | | restitution amount recommendation, and the names of | 21 | | any co-defendants and their case numbers. Within 30 | 22 | | days after receipt of the proposed judgment for | 23 | | restitution, the defendant shall file any objection to | 24 | | the proposed judgment, a statement of grounds for the | 25 | | objection, and a financial statement. If the defendant | 26 | | does not file an objection, the court may enter the |
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| 1 | | judgment for restitution without further proceedings. | 2 | | If the defendant files an objection and either party | 3 | | requests a hearing, the court shall schedule a hearing. | 4 | | (13) Access to presentence reports. | 5 | | (A) The victim may request a copy of the | 6 | | presentence report prepared under the Unified Code of | 7 | | Corrections from the State's Attorney. The State's | 8 | | Attorney shall redact the following information before | 9 | | providing a copy of the report: | 10 | | (i) the defendant's mental history and | 11 | | condition; | 12 | | (ii) any evaluation prepared under subsection | 13 | | (b) or (b-5) of Section 5-3-2; and | 14 | | (iii) the name, address, phone number, and | 15 | | other personal information about any other victim. | 16 | | (B) The State's Attorney or the defendant may | 17 | | request the court redact other information in the | 18 | | report that may endanger the safety of any person. | 19 | | (C) The State's Attorney may orally disclose to the | 20 | | victim any of the information that has been redacted if | 21 | | there is a reasonable likelihood that the information | 22 | | will be stated in court at the sentencing. | 23 | | (D) The State's Attorney must advise the victim | 24 | | that the victim must maintain the confidentiality of | 25 | | the report and other information. Any dissemination of | 26 | | the report or information that was not stated at a |
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| 1 | | court proceeding constitutes indirect criminal | 2 | | contempt of court. | 3 | | (14) Appellate relief. If the trial court denies the | 4 | | relief requested, the victim, the victim's attorney or the | 5 | | prosecuting attorney may file an appeal within 30 days of | 6 | | the trial court's ruling. The trial or appellate court may | 7 | | stay the court proceedings if the court finds that a stay | 8 | | would not violate a constitutional right of the defendant. | 9 | | If the appellate court denies the relief sought, the | 10 | | reasons for the denial shall be clearly stated in a written | 11 | | opinion. In any appeal in a criminal case, the State may | 12 | | assert as error the court's denial of any crime victim's | 13 | | right in the proceeding to which the appeal relates. | 14 | | (15) Limitation on appellate relief. In no case shall | 15 | | an appellate court provide a new trial to remedy the | 16 | | violation of a victim's right. | 17 | | (d)(1) The Prisoner Review Board shall inform a victim or | 18 | | any other
concerned citizen, upon written request, of the | 19 | | prisoner's release on parole, aftercare release,
mandatory | 20 | | supervised release, electronic detention, work release, | 21 | | international transfer or exchange, or by the
custodian of the | 22 | | discharge of any individual who was adjudicated a delinquent
| 23 | | for a violent crime from State custody and by the sheriff of | 24 | | the appropriate
county of any such person's final discharge | 25 | | from county custody.
The Prisoner Review Board, upon written | 26 | | request, shall provide to a victim or
any other concerned |
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| 1 | | citizen a recent photograph of any person convicted of a
| 2 | | felony, upon his or her release from custody.
The Prisoner
| 3 | | Review Board, upon written request, shall inform a victim or | 4 | | any other
concerned citizen when feasible at least 7 days prior | 5 | | to the prisoner's release
on furlough of the times and dates of | 6 | | such furlough. Upon written request by
the victim or any other | 7 | | concerned citizen, the State's Attorney shall notify
the person | 8 | | once of the times and dates of release of a prisoner sentenced | 9 | | to
periodic imprisonment. Notification shall be based on the | 10 | | most recent
information as to victim's or other concerned | 11 | | citizen's residence or other
location available to the | 12 | | notifying authority.
| 13 | | (2) When the defendant has been committed to the Department | 14 | | of
Human Services pursuant to Section 5-2-4 or any other
| 15 | | provision of the Unified Code of Corrections, the victim may | 16 | | request to be
notified by the releasing authority of the | 17 | | approval by the court of an on-grounds pass, a supervised | 18 | | off-grounds pass, an unsupervised off-grounds pass, or | 19 | | conditional release; the release on an off-grounds pass; the | 20 | | return from an off-grounds pass; transfer to another facility; | 21 | | conditional release; escape; death; or final discharge from | 22 | | State
custody. The Department of Human Services shall establish | 23 | | and maintain a statewide telephone number to be used by victims | 24 | | to make notification requests under these provisions and shall | 25 | | publicize this telephone number on its website and to the | 26 | | State's Attorney of each county.
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| 1 | | (3) In the event of an escape from State custody, the | 2 | | Department of
Corrections or the Department of Juvenile Justice | 3 | | immediately shall notify the Prisoner Review Board of the | 4 | | escape
and the Prisoner Review Board shall notify the victim. | 5 | | The notification shall
be based upon the most recent | 6 | | information as to the victim's residence or other
location | 7 | | available to the Board. When no such information is available, | 8 | | the
Board shall make all reasonable efforts to obtain the | 9 | | information and make
the notification. When the escapee is | 10 | | apprehended, the Department of
Corrections or the Department of | 11 | | Juvenile Justice immediately shall notify the Prisoner Review | 12 | | Board and the Board
shall notify the victim.
| 13 | | (4) The victim of the crime for which the prisoner has been | 14 | | sentenced
shall receive reasonable written notice not less than | 15 | | 30 days prior to the
parole or aftercare release hearing and | 16 | | may submit, in writing, on film, videotape or other
electronic | 17 | | means or in the form of a recording or in person at the parole | 18 | | or aftercare release hearing
or if a victim of a violent crime, | 19 | | by calling the
toll-free number established in subsection (f) | 20 | | of this Section, information
for
consideration by the Prisoner | 21 | | Review Board. The
victim shall be notified within 7 days after | 22 | | the prisoner has been granted
parole or aftercare release and | 23 | | shall be informed of the right to inspect the registry of | 24 | | parole or aftercare release
decisions, established under | 25 | | subsection (g) of Section 3-3-5 of the Unified
Code of | 26 | | Corrections. The provisions of this paragraph (4) are subject |
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| 1 | | to the
Open Parole Hearings Act.
| 2 | | (5) If a statement is presented under Section 6, the | 3 | | Prisoner Review Board
shall inform the victim of any order of | 4 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 5 | | Unified Code of Corrections.
| 6 | | (6) At the written or oral request of the victim of the | 7 | | crime for which the
prisoner was sentenced or the State's | 8 | | Attorney of the county where the person seeking parole or | 9 | | aftercare release was prosecuted, the Prisoner Review Board | 10 | | shall notify the victim and the State's Attorney of the county | 11 | | where the person seeking parole or aftercare release was | 12 | | prosecuted of
the death of the prisoner if the prisoner died | 13 | | while on parole or aftercare release or mandatory
supervised | 14 | | release.
| 15 | | (7) When a defendant who has been committed to the | 16 | | Department of
Corrections, the Department of Juvenile Justice, | 17 | | or the Department of Human Services is released or discharged | 18 | | and
subsequently committed to the Department of Human Services | 19 | | as a sexually
violent person and the victim had requested to be | 20 | | notified by the releasing
authority of the defendant's | 21 | | discharge, conditional release, death, or escape from State | 22 | | custody, the releasing
authority shall provide to the | 23 | | Department of Human Services such information
that would allow | 24 | | the Department of Human Services to contact the victim.
| 25 | | (8) When a defendant has been convicted of a sex offense as | 26 | | defined in Section 2 of the Sex Offender Registration Act and |
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| 1 | | has been sentenced to the Department of Corrections or the | 2 | | Department of Juvenile Justice, the Prisoner Review Board shall | 3 | | notify the victim of the sex offense of the prisoner's | 4 | | eligibility for release on parole, aftercare release,
| 5 | | mandatory supervised release, electronic detention, work | 6 | | release, international transfer or exchange, or by the
| 7 | | custodian of the discharge of any individual who was | 8 | | adjudicated a delinquent
for a sex offense from State custody | 9 | | and by the sheriff of the appropriate
county of any such | 10 | | person's final discharge from county custody. The notification | 11 | | shall be made to the victim at least 30 days, whenever | 12 | | possible, before release of the sex offender. | 13 | | (e) The officials named in this Section may satisfy some or | 14 | | all of their
obligations to provide notices and other | 15 | | information through participation in a
statewide victim and | 16 | | witness notification system established by the Attorney
| 17 | | General under Section 8.5 of this Act.
| 18 | | (f) To permit a crime victim of a violent crime to provide | 19 | | information to the
Prisoner Review Board for consideration by | 20 | | the
Board at a parole or aftercare release hearing of a person | 21 | | who committed the crime against
the victim in accordance with | 22 | | clause (d)(4) of this Section or at a proceeding
to determine | 23 | | the conditions of mandatory supervised release of a person
| 24 | | sentenced to a determinate sentence or at a hearing on | 25 | | revocation of mandatory
supervised release of a person | 26 | | sentenced to a determinate sentence, the Board
shall establish |
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| 1 | | a toll-free number that may be accessed by the victim of
a | 2 | | violent crime to present that information to the Board.
| 3 | | (Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, | 4 | | eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558, | 5 | | eff. 1-1-14; 98-756, eff. 7-16-14.)
| 6 | | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| 7 | | Sec. 6. Right to be heard at sentencing Rights to present | 8 | | victim impact statement .
| 9 | | (a) A crime victim shall be allowed to present an oral or | 10 | | written victim impact statement in any case in which a | 11 | | defendant has been convicted of a violent crime or a juvenile | 12 | | has been adjudicated delinquent for a violent crime. The court | 13 | | shall allow a victim to make an oral impact statement if the | 14 | | victim is present in the courtroom and requests to make an oral | 15 | | statement. An oral statement includes the victim or a | 16 | | representative of the victim reading the written impact | 17 | | statement. The court may allow persons impacted by the crime | 18 | | who are not victims under subsection (a) of Section 3 of this | 19 | | Act to present an oral or written statement. A victim and any | 20 | | person making an oral statement shall not be put under oath or | 21 | | questioned by the defendant. In any case where a defendant has | 22 | | been convicted of a violent crime or a
juvenile has been | 23 | | adjudicated a delinquent for a violent crime and a victim of | 24 | | the violent crime or the victim's spouse,
guardian, parent, | 25 | | grandparent, or other immediate family or household member is |
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| 1 | | present in
the
courtroom at the time of the sentencing or the | 2 | | disposition hearing,
the victim or his or her representative | 3 | | shall have the right and the victim's
spouse, guardian, parent, | 4 | | grandparent, and other immediate
family or household member | 5 | | upon his, her, or
their request may be permitted by the court | 6 | | to address the
court regarding the impact that the defendant's | 7 | | criminal conduct
or the
juvenile's delinquent conduct has had | 8 | | upon them and the victim.
The court has discretion to determine | 9 | | the number of oral presentations of victim impact statements.
| 10 | | Any impact
statement must have been prepared in writing in | 11 | | conjunction with the Office
of the State's Attorney prior to | 12 | | the initial hearing or sentencing, before
it can be presented | 13 | | orally or in writing at the sentencing hearing. In
conjunction | 14 | | with the Office of the State's Attorney, a victim impact | 15 | | statement
that is presented orally may be done so by the victim | 16 | | or the victim's spouse,
guardian, parent, grandparent, or other | 17 | | immediate family or household member or
his,
her, or their
| 18 | | representative. At the sentencing hearing, the prosecution may | 19 | | introduce
that evidence either in its
case in chief or in | 20 | | rebuttal. The court shall
consider any impact statement | 21 | | presented admitted
along with
all
other appropriate factors in | 22 | | determining the sentence of the defendant or
disposition of | 23 | | such juvenile.
| 24 | | (a-1) In any case where a defendant has been convicted of a | 25 | | violation of any statute, ordinance, or regulation relating to | 26 | | the operation or use of motor vehicles, the use of streets and |
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| 1 | | highways by pedestrians or the operation of any other wheeled | 2 | | or tracked vehicle, except parking violations, if the violation | 3 | | resulted in great bodily harm or death, the person who suffered | 4 | | great bodily harm, the injured person's representative, or the | 5 | | representative of a deceased person shall be entitled to notice | 6 | | of the sentencing hearing. "Representative" includes the | 7 | | spouse, guardian, grandparent, or other immediate family or | 8 | | household member of an injured or deceased person. The If the | 9 | | injured person, the injured person's representative, or a | 10 | | representative of a deceased person is present in the courtroom | 11 | | at the time of sentencing, the injured person or his or her | 12 | | representative and a representative of the deceased person | 13 | | shall have the right to address the court regarding the impact | 14 | | that the defendant's criminal conduct has had upon them. If | 15 | | more than one representative of an injured or deceased person | 16 | | is present in the courtroom at the time of sentencing, the | 17 | | court has discretion to permit one or more of the | 18 | | representatives to present an oral impact statement. A victim | 19 | | and any person making an oral statement shall not be put under | 20 | | oath or questioned by the defendant. Any impact statement must | 21 | | have been prepared in writing in conjunction with the Office of | 22 | | the State's Attorney prior to the initial hearing or | 23 | | sentencing, before it can be presented orally or in writing at | 24 | | the sentencing hearing. In conjunction with the Office of the | 25 | | State's Attorney, an impact statement that is presented orally | 26 | | may be done so by the injured person or the representative of |
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| 1 | | an injured or deceased person. At the sentencing hearing, the | 2 | | prosecution may introduce that evidence either in its case in | 3 | | chief or in rebuttal. The court shall consider any impact | 4 | | statement presented admitted along with all other appropriate | 5 | | factors in determining the sentence of the defendant. | 6 | | (a-5) A crime victim shall be allowed to present an oral | 7 | | and written victim impact statement at In any case where a | 8 | | defendant has been found not guilty by reason of insanity of a | 9 | | violent crime and a hearing has been ordered by the court under | 10 | | the Mental Health and Developmental Disabilities Code to | 11 | | determine if the defendant is: (1) in need of mental health | 12 | | services on an inpatient basis; (2) in need of mental health | 13 | | services on an outpatient basis; or (3) not in need of mental | 14 | | health services . The court shall allow a victim to make an oral | 15 | | impact statement if the victim is present in the courtroom and | 16 | | requests to make an oral statement. An oral statement includes | 17 | | the victim or a representative of the victim reading the | 18 | | written impact statement. The court may allow persons impacted | 19 | | by the crime who are not victims under subsection (a) of | 20 | | Section 3 of this Act, to present an oral or written statement. | 21 | | A victim and any person making an oral statement shall not be | 22 | | put under oath or questioned by the defendant. and a victim of | 23 | | the violent crime or the victim's spouse,
guardian, parent, | 24 | | grandparent, or other immediate family or household member is | 25 | | present in
the
courtroom at the time of the initial commitment | 26 | | hearing, the victim or his or her representative shall have the |
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| 1 | | right and the victim's
spouse, guardian, parent, grandparent, | 2 | | and other immediate
family or household members upon their | 3 | | request may be permitted by the court to address the
court | 4 | | regarding the impact that the defendant's criminal conduct has | 5 | | had upon them and the victim.
The court has discretion to | 6 | | determine the number of oral presentations of victim impact | 7 | | statements.
Any impact
statement must have been prepared in | 8 | | writing in conjunction with the Office
of the State's Attorney | 9 | | prior to the initial commitment hearing, before
it may be | 10 | | presented orally or in writing at the commitment hearing. In
| 11 | | conjunction with the Office of the State's Attorney, a victim | 12 | | impact statement
that is presented orally may be presented so | 13 | | by the victim or the victim's spouse,
guardian, parent, | 14 | | grandparent, or other immediate family or household member or
| 15 | | his or her
representative. At the initial commitment hearing, | 16 | | the State's Attorney may introduce
the statement either in its
| 17 | | case in chief or in rebuttal. The court may only consider the | 18 | | impact statement along with all other appropriate factors in | 19 | | determining the: (1) threat of serious physical harm poised by | 20 | | the respondent to himself or herself, or to another person; (2) | 21 | | location of inpatient or outpatient mental health services | 22 | | ordered by the court, but only after complying with all other | 23 | | applicable administrative, rule, and statutory requirements; | 24 | | (3) maximum period of commitment for inpatient mental health | 25 | | services; and (4) conditions of release for outpatient mental | 26 | | health services ordered by the court. |
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| 1 | | (b) The crime victim has the right to prepare a victim | 2 | | impact statement
and present it to the Office of the State's | 3 | | Attorney at any time during the
proceedings. Any written victim | 4 | | impact statement submitted to the Office of the State's | 5 | | Attorney shall be considered by the court during its | 6 | | consideration of aggravation and mitigation in plea | 7 | | proceedings under Supreme Court Rule 402.
| 8 | | (c) This Section shall apply to any victims of a violent | 9 | | crime during any
dispositional hearing under Section 5-705 of | 10 | | the Juvenile Court
Act of 1987 which takes place pursuant to an | 11 | | adjudication or trial or plea of
delinquency for any such | 12 | | offense.
| 13 | | (Source: P.A. 96-117, eff. 1-1-10; 97-572, eff. 1-1-12.)
| 14 | | (725 ILCS 120/7) (from Ch. 38, par. 1407)
| 15 | | Sec. 7. Responsibilities of victims and witnesses. Victims | 16 | | and
witnesses shall have the following responsibilities to aid | 17 | | in the
prosecution of violent crime and to ensure that their | 18 | | constitutional rights are enforced :
| 19 | | (a) To make a timely report of the violent crime;
| 20 | | (b) To cooperate with law enforcement authorities | 21 | | throughout the
investigation, prosecution, and trial;
| 22 | | (c) To testify at trial;
| 23 | | (c-5) to timely provide information and documentation to | 24 | | the prosecuting attorney that is related to the assertion of | 25 | | their rights. |
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| 1 | | (d) To notify law enforcement authorities and the | 2 | | prosecuting attorney of any change of contact information, | 3 | | including but not limited to, changes of address and contact | 4 | | information, including but not limited to changes of address, | 5 | | telephone number, and email address. Law enforcement | 6 | | authorities and the prosecuting attorney shall maintain the | 7 | | confidentiality of this information. A court may find that the | 8 | | failure to notify the prosecuting attorney of any change in | 9 | | contact information constitutes waiver of a right of any change | 10 | | of address .
| 11 | | (Source: P.A. 83-1499.)
| 12 | | (725 ILCS 120/8.5)
| 13 | | Sec. 8.5. Statewide victim and witness notification | 14 | | system.
| 15 | | (a) The Attorney General may establish a crime victim and | 16 | | witness
notification system to assist public officials in | 17 | | carrying out their
duties to notify and inform crime victims | 18 | | and witnesses under Section 4.5 of
this Act or under | 19 | | subsections (a), (a-2), and (a-3) of Section 120 of the Sex | 20 | | Offender Community Notification Law as the Attorney General | 21 | | specifies by rule . The system shall download
necessary
| 22 | | information from participating officials into its computers, | 23 | | where it shall be
maintained, updated, and automatically | 24 | | transmitted to victims and witnesses by
telephone, computer, or | 25 | | written notice , SMS text message, or other electronic means .
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| 1 | | (b) The Illinois Department of Corrections, the Department | 2 | | of Juvenile Justice, the Department of Human
Services, and the | 3 | | Prisoner Review Board shall cooperate with the Attorney
General | 4 | | in the implementation of this Section and shall provide | 5 | | information as
necessary to the effective operation of the | 6 | | system.
| 7 | | (c) State's attorneys, circuit court clerks, and local law | 8 | | enforcement
and correctional authorities
may enter into | 9 | | agreements with the Attorney General for participation in the
| 10 | | system. The Attorney General may provide those who elect to | 11 | | participate with
the equipment, software, or training | 12 | | necessary to bring their offices into the
system.
| 13 | | (d) The provision of information to crime victims and | 14 | | witnesses through the
Attorney General's notification system
| 15 | | satisfies a given State or local official's corresponding | 16 | | obligation to provide the information.
| 17 | | (e) The Attorney General may provide for telephonic, | 18 | | electronic, or other
public access to the database established | 19 | | under this Section.
| 20 | | (f) (Blank). The Attorney General shall adopt rules as | 21 | | necessary to implement this
Section. The rules shall include, | 22 | | but not be limited to, provisions for the
scope and operation | 23 | | of any system the Attorney General may establish
and | 24 | | procedures, requirements,
and standards for entering into | 25 | | agreements to participate in the system and to
receive | 26 | | equipment, software, or training.
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| 1 | | (g) There is established in the Office of the Attorney | 2 | | General a Crime
Victim and Witness Notification Advisory
| 3 | | Committee consisting of those victims advocates, sheriffs,
| 4 | | State's Attorneys, circuit court clerks, Illinois Department | 5 | | of
Corrections, the Department of Juvenile Justice, and | 6 | | Prisoner Review
Board
employees that the Attorney General
| 7 | | chooses to appoint. The Attorney General shall designate one | 8 | | member to chair
the Committee.
| 9 | | (1) The Committee shall consult with and advise the | 10 | | Attorney General as to
the exercise of the Attorney | 11 | | General's authority under this Section, including,
but not | 12 | | limited
to:
| 13 | | (i) the design, scope, and operation of the | 14 | | notification system;
| 15 | | (ii) the content of any rules adopted to implement | 16 | | this Section;
| 17 | | (iii) the procurement of hardware, software, and
| 18 | | support for the system, including choice of supplier or | 19 | | operator; and
| 20 | | (iv) the acceptance of agreements with and the | 21 | | award of equipment,
software, or training to officials | 22 | | that seek to participate in the system.
| 23 | | (2) The Committee shall review the status and operation | 24 | | of the system and
report any findings and recommendations | 25 | | for changes to the Attorney General and
the General | 26 | | Assembly by November 1 of each year.
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| 1 | | (3) The members of the Committee shall receive no | 2 | | compensation for their
services as members of the | 3 | | Committee, but may be reimbursed for their actual
expenses | 4 | | incurred in serving on the Committee.
| 5 | | (h) The Attorney General shall not release the names, | 6 | | addresses,
phone numbers, personal identification numbers, or | 7 | | email addresses of
any person registered to receive | 8 | | notifications to any other person except
State or local | 9 | | officials using the notification system to satisfy the | 10 | | official's
obligation to provide the information. The Attorney | 11 | | General may
grant limited access to the Automated Victim | 12 | | Notification system (AVN) to law enforcement, prosecution,
and | 13 | | other agencies that provide service to victims of violent crime | 14 | | to assist
victims in enrolling and utilizing the AVN system. | 15 | | (Source: P.A. 98-717, eff. 1-1-15 .)
| 16 | | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| 17 | | Sec. 9. This Act does not limit any rights or | 18 | | responsibilities otherwise
enjoyed by or imposed upon victims | 19 | | or witnesses of violent crime, nor does it
grant any person a | 20 | | cause of action in equity or at law for compensation for | 21 | | damages or attorneys fees. Any act of
omission or commission by | 22 | | any law enforcement officer, circuit court clerk,
or
State's
| 23 | | Attorney, by the Attorney General, Prisoner Review Board, | 24 | | Department of
Corrections,
the Department of Juvenile Justice, | 25 | | Department of Human Services, or other State agency, or private |
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| 1 | | entity under
contract pursuant to Section 8, or by any employee | 2 | | of any
State agency or private entity under contract pursuant | 3 | | to Section 8 acting
in good faith in rendering crime victim's | 4 | | assistance or
otherwise enforcing this Act shall not impose | 5 | | civil liability upon the
individual or entity or his or her | 6 | | supervisor or employer. Nothing in this Act
shall create a | 7 | | basis for vacating a conviction or a ground for appellate | 8 | | relief
requested by the defendant in any criminal case. Failure | 9 | | of the crime victim to receive notice as
required, however, | 10 | | shall not deprive the court of the power to act regarding
the | 11 | | proceeding before it; nor shall any such failure grant the | 12 | | defendant the
right to seek a continuance.
| 13 | | (Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)
| 14 | | Section 10. The Unified Code of Corrections is amended by | 15 | | changing Section 5-3-4 as follows:
| 16 | | (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| 17 | | Sec. 5-3-4. Disclosure of Reports.
| 18 | | (a) Any report made pursuant to this Article or Section | 19 | | 5-705
of the Juvenile
Court Act of 1987 shall be filed of | 20 | | record with the court in a sealed envelope.
| 21 | | (b) Presentence reports shall be open for inspection only | 22 | | as follows:
| 23 | | (1) to the sentencing court;
| 24 | | (2) to the state's attorney and the defendant's |
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| 1 | | attorney at least 3 days
prior to the imposition of | 2 | | sentence, unless such 3 day requirement is waived;
| 3 | | (3) to an appellate court in which the conviction or | 4 | | sentence is subject
to review;
| 5 | | (4) to any department, agency or institution to which | 6 | | the defendant is
committed;
| 7 | | (5) to any probation department of whom courtesy | 8 | | probation is requested;
| 9 | | (6) to any probation department assigned by a court of | 10 | | lawful
jurisdiction to conduct a presentence report;
| 11 | | (6.5) to the victim of a crime under paragraph (13) of | 12 | | subsection (c-5) of Section 4.5 of the Rights of Crime | 13 | | Victims and Witnesses Act;
| 14 | | (7) to any other person only as ordered by the court; | 15 | | and
| 16 | | (8) to any mental health professional on behalf of the | 17 | | Illinois
Department
of Corrections or the Department of | 18 | | Human Services or to a prosecutor who is
evaluating or | 19 | | investigating a potential or actual petition brought under
| 20 | | the Sexually Violent Persons Commitment Act relating to a | 21 | | person who is the
subject of
a
presentence report or the | 22 | | respondent to a petition brought under the
Sexually Violent | 23 | | Persons Commitment Act who is the subject of the | 24 | | presentence
report sought.
Any records and any information | 25 | | obtained from those records under this
paragraph (8) may be | 26 | | used only in sexually violent persons commitment
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| 1 | | proceedings.
| 2 | | (c) Presentence reports shall be filed of record with the | 3 | | court within
60 days of a verdict or finding of guilty for any | 4 | | offense involving an
illegal sexual act perpetrated upon a | 5 | | victim, including but not limited to
offenses for violations of | 6 | | Article 12 of the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012, or any offense determined by the court or the probation | 8 | | department to be sexually motivated, as defined in the Sex | 9 | | Offender Management Board Act.
| 10 | | (d) A complaint, information or indictment shall not be | 11 | | quashed or
dismissed nor shall any person in custody for an | 12 | | offense be discharged from
custody because of noncompliance | 13 | | with subsection (c) of this Section.
| 14 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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