Full Text of HB0827 98th General Assembly
HB0827enr 98TH GENERAL ASSEMBLY |
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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 4.5 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 | 17 | | closed.
| 18 | | (a-5) When law enforcement authorities re-open a closed | 19 | | case to resume investigating, they shall provide notice of the | 20 | | re-opening of the case, except where the State's Attorney | 21 | | determines that disclosure of such information would | 22 | | unreasonably interfere with the investigation. | 23 | | (b) The office of the State's Attorney:
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| 1 | | (1) shall provide notice of the filing of information, | 2 | | the return of an
indictment by which a prosecution for any | 3 | | violent crime is commenced, or the
filing of a petition to | 4 | | adjudicate a minor as a delinquent for a violent
crime;
| 5 | | (2) shall provide notice of the date, time, and place | 6 | | of trial;
| 7 | | (3) or victim advocate personnel shall provide | 8 | | information of social
services and financial assistance | 9 | | available for victims of crime, including
information of | 10 | | how to apply for these services and assistance;
| 11 | | (3.5) or victim advocate personnel shall provide | 12 | | information about available victim services, including | 13 | | referrals to programs, counselors, and agencies that | 14 | | assist a victim to deal with trauma, loss, and grief;
| 15 | | (4) shall assist in having any stolen or other personal | 16 | | property held by
law enforcement authorities for | 17 | | evidentiary or other purposes returned as
expeditiously as | 18 | | possible, pursuant to the procedures set out in Section | 19 | | 115-9
of the Code of Criminal Procedure of 1963;
| 20 | | (5) or victim advocate personnel shall provide | 21 | | appropriate employer
intercession services to ensure that | 22 | | employers of victims will cooperate with
the criminal | 23 | | justice system in order to minimize an employee's loss of | 24 | | pay and
other benefits resulting from court appearances;
| 25 | | (6) shall provide information whenever possible, of a | 26 | | secure waiting
area during court proceedings that does not |
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| 1 | | require victims to be in close
proximity to defendant or | 2 | | juveniles accused of a violent crime, and their
families | 3 | | and friends;
| 4 | | (7) shall provide notice to the crime victim of the | 5 | | right to have a
translator present at all court proceedings | 6 | | and, in compliance with the federal Americans
with | 7 | | Disabilities Act of 1990, the right to communications | 8 | | access through a
sign language interpreter or by other | 9 | | means;
| 10 | | (8) in the case of the death of a person, which death | 11 | | occurred in the same
transaction or occurrence in which | 12 | | acts occurred for which a defendant is
charged with an | 13 | | offense, shall notify the spouse, parent, child or sibling | 14 | | of
the decedent of the date of the trial of the person or | 15 | | persons allegedly
responsible for the death;
| 16 | | (9) shall inform the victim of the right to have | 17 | | present at all court
proceedings, subject to the rules of | 18 | | evidence, an advocate or other support
person of the | 19 | | victim's choice, and the right to retain an attorney, at | 20 | | the
victim's own expense, who, upon written notice filed | 21 | | with the clerk of the
court and State's Attorney, is to | 22 | | receive copies of all notices, motions and
court orders | 23 | | filed thereafter in the case, in the same manner as if the | 24 | | victim
were a named party in the case;
| 25 | | (9.5) shall inform the victim of (A) the victim's right | 26 | | under Section 6 of this Act to make a victim impact |
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| 1 | | statement at the sentencing hearing; (B) the right of the | 2 | | victim's spouse, guardian, parent, grandparent and other | 3 | | immediate family and household members under Section 6 of | 4 | | this Act to present an impact statement at sentencing; and | 5 | | (C) if a presentence report is to be prepared, the right of | 6 | | the victim's spouse, guardian, parent, grandparent and | 7 | | other immediate family and household members to submit | 8 | | information to the preparer of the presentence report about | 9 | | the effect the offense has had on the victim and the | 10 | | person;
| 11 | | (10) at the sentencing hearing shall make a good faith | 12 | | attempt to explain
the minimum amount of time during which | 13 | | the defendant may actually be
physically imprisoned. The | 14 | | Office of the State's Attorney shall further notify
the | 15 | | crime victim of the right to request from the Prisoner | 16 | | Review Board
information concerning the release of the | 17 | | defendant under subparagraph (d)(1)
of this Section;
| 18 | | (11) shall request restitution at sentencing and shall | 19 | | consider
restitution in any plea negotiation, as provided | 20 | | by law; and
| 21 | | (12) shall, upon the court entering a verdict of not | 22 | | guilty by reason of insanity, inform the victim of the | 23 | | notification services available from the Department of | 24 | | Human Services, including the statewide telephone number, | 25 | | under subparagraph (d)(2) of this Section. | 26 | | (c) At the written request of the crime victim, the office |
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| 1 | | of the State's
Attorney shall:
| 2 | | (1) provide notice a reasonable time in advance of the | 3 | | following court
proceedings: preliminary hearing, any | 4 | | hearing the effect of which may be the
release of defendant | 5 | | from custody, or to alter the conditions of bond and the
| 6 | | sentencing hearing. The crime victim shall also be notified | 7 | | of the
cancellation of the court proceeding in sufficient | 8 | | time, wherever possible, to
prevent an unnecessary | 9 | | appearance in court;
| 10 | | (2) provide notice within a reasonable time after | 11 | | receipt of notice from
the custodian, of the release of the | 12 | | defendant on bail or personal recognizance
or the release | 13 | | from detention of a minor who has been detained for a | 14 | | violent
crime;
| 15 | | (3) explain in nontechnical language the details of any | 16 | | plea or verdict of
a defendant, or any adjudication of a | 17 | | juvenile as a delinquent for a violent
crime;
| 18 | | (4) where practical, consult with the crime victim | 19 | | before the Office of
the State's Attorney makes an offer of | 20 | | a plea bargain to the defendant or
enters into negotiations | 21 | | with the defendant concerning a possible plea
agreement, | 22 | | and shall consider the written victim impact statement, if | 23 | | prepared
prior to entering into a plea agreement;
| 24 | | (5) provide notice of the ultimate disposition of the | 25 | | cases arising from
an indictment or an information, or a | 26 | | petition to have a juvenile adjudicated
as a delinquent for |
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| 1 | | a violent crime;
| 2 | | (6) provide notice of any appeal taken by the defendant | 3 | | and information
on how to contact the appropriate agency | 4 | | handling the appeal;
| 5 | | (7) provide notice of any request for post-conviction | 6 | | review filed by the
defendant under Article 122 of the Code | 7 | | of Criminal Procedure of 1963, and of
the date, time and | 8 | | place of any hearing concerning the petition. Whenever
| 9 | | possible, notice of the hearing shall be given in advance;
| 10 | | (8) forward a copy of any statement presented under | 11 | | Section 6 to the
Prisoner Review Board to be considered by | 12 | | the Board in making its determination
under subsection (b) | 13 | | of Section 3-3-8 of the Unified Code of Corrections.
| 14 | | (d) (1) The Prisoner Review Board shall inform a victim or | 15 | | any other
concerned citizen, upon written request, of the | 16 | | prisoner's release on parole,
mandatory supervised release, | 17 | | electronic detention, work release, international transfer or | 18 | | exchange, or by the
custodian of the discharge of any | 19 | | individual who was adjudicated a delinquent
for a violent crime | 20 | | from State custody and by the sheriff of the appropriate
county | 21 | | of any such person's final discharge from county custody.
The | 22 | | Prisoner Review Board, upon written request, shall provide to a | 23 | | victim or
any other concerned citizen a recent photograph of | 24 | | any person convicted of a
felony, upon his or her release from | 25 | | custody.
The Prisoner
Review Board, upon written request, shall | 26 | | inform a victim or any other
concerned citizen when feasible at |
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| 1 | | least 7 days prior to the prisoner's release
on furlough of the | 2 | | times and dates of such furlough. Upon written request by
the | 3 | | victim or any other concerned citizen, the State's Attorney | 4 | | shall notify
the person once of the times and dates of release | 5 | | of a prisoner sentenced to
periodic imprisonment. Notification | 6 | | shall be based on the most recent
information as to victim's or | 7 | | other concerned citizen's residence or other
location | 8 | | available to the notifying authority.
| 9 | | (2) When the defendant has been committed to the Department | 10 | | of
Human Services pursuant to Section 5-2-4 or any other
| 11 | | provision of the Unified Code of Corrections, the victim may | 12 | | request to be
notified by the releasing authority of the | 13 | | approval by the court of an on-grounds pass, a supervised | 14 | | off-grounds pass, an unsupervised off-grounds pass, or | 15 | | conditional release; the release on an off-grounds pass; the | 16 | | return from an off-grounds pass; transfer to another facility; | 17 | | conditional release; escape; death; or final discharge from | 18 | | State
custody. The Department of Human Services shall establish | 19 | | and maintain a statewide telephone number to be used by victims | 20 | | to make notification requests under these provisions and shall | 21 | | publicize this telephone number on its website and to the | 22 | | State's Attorney of each county.
| 23 | | (3) In the event of an escape from State custody, the | 24 | | Department of
Corrections or the Department of Juvenile Justice | 25 | | immediately shall notify the Prisoner Review Board of the | 26 | | escape
and the Prisoner Review Board shall notify the victim. |
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| 1 | | The notification shall
be based upon the most recent | 2 | | information as to the victim's residence or other
location | 3 | | available to the Board. When no such information is available, | 4 | | the
Board shall make all reasonable efforts to obtain the | 5 | | information and make
the notification. When the escapee is | 6 | | apprehended, the Department of
Corrections or the Department of | 7 | | Juvenile Justice immediately shall notify the Prisoner Review | 8 | | Board and the Board
shall notify the victim.
| 9 | | (4) The victim of the crime for which the prisoner has been | 10 | | sentenced
shall receive reasonable written notice not less than | 11 | | 30 days prior to the
parole interview and may submit, in | 12 | | writing, on film, videotape or other
electronic means or in the | 13 | | form of a recording or in person at the parole
interview
or if | 14 | | a victim of a violent crime, by calling the
toll-free number | 15 | | established in subsection (f) of this Section, information
for
| 16 | | consideration by the Prisoner Review Board. The
victim shall be | 17 | | notified within 7 days after the prisoner has been granted
| 18 | | parole and shall be informed of the right to inspect the | 19 | | registry of parole
decisions, established under subsection (g) | 20 | | of Section 3-3-5 of the Unified
Code of Corrections. The | 21 | | provisions of this paragraph (4) are subject to the
Open Parole | 22 | | Hearings Act.
| 23 | | (5) If a statement is presented under Section 6, the | 24 | | Prisoner Review Board
shall inform the victim of any order of | 25 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 26 | | Unified Code of Corrections.
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| 1 | | (6) At the written request of the victim of the crime for | 2 | | which the
prisoner was sentenced or the State's Attorney of the | 3 | | county where the person seeking parole was prosecuted, the | 4 | | Prisoner Review Board shall notify the victim and the State's | 5 | | Attorney of the county where the person seeking parole was | 6 | | prosecuted of
the death of the prisoner if the prisoner died | 7 | | while on parole or mandatory
supervised release.
| 8 | | (7) When a defendant who has been committed to the | 9 | | Department of
Corrections, the Department of Juvenile Justice, | 10 | | or the Department of Human Services is released or discharged | 11 | | and
subsequently committed to the Department of Human Services | 12 | | as a sexually
violent person and the victim had requested to be | 13 | | notified by the releasing
authority of the defendant's | 14 | | discharge, conditional release, death, or escape from State | 15 | | custody, the releasing
authority shall provide to the | 16 | | Department of Human Services such information
that would allow | 17 | | the Department of Human Services to contact the victim.
| 18 | | (8) When a defendant has been convicted of a sex offense as | 19 | | defined in Section 2 of the Sex Offender Registration Act and | 20 | | has been sentenced to the Department of Corrections or the | 21 | | Department of Juvenile Justice, the Prisoner Review Board shall | 22 | | notify the victim of the sex offense of the prisoner's | 23 | | eligibility for release on parole,
mandatory supervised | 24 | | release, electronic detention, work release, international | 25 | | transfer or exchange, or by the
custodian of the discharge of | 26 | | any individual who was adjudicated a delinquent
for a sex |
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| 1 | | offense from State custody and by the sheriff of the | 2 | | appropriate
county of any such person's final discharge from | 3 | | county custody. The notification shall be made to the victim at | 4 | | least 30 days, whenever possible, before release of the sex | 5 | | offender. | 6 | | (e) The officials named in this Section may satisfy some or | 7 | | all of their
obligations to provide notices and other | 8 | | information through participation in a
statewide victim and | 9 | | witness notification system established by the Attorney
| 10 | | General under Section 8.5 of this Act.
| 11 | | (f) To permit a victim of a violent crime to provide | 12 | | information to the
Prisoner Review Board for consideration by | 13 | | the
Board at a parole hearing of a person who committed the | 14 | | crime against
the victim in accordance with clause (d)(4) of | 15 | | this Section or at a proceeding
to determine the conditions of | 16 | | mandatory supervised release of a person
sentenced to a | 17 | | determinate sentence or at a hearing on revocation of mandatory
| 18 | | supervised release of a person sentenced to a determinate | 19 | | sentence, the Board
shall establish a toll-free number that may | 20 | | be accessed by the victim of
a violent crime to present that | 21 | | information to the Board.
| 22 | | (Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10; | 23 | | 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12; | 24 | | 97-815, eff. 1-1-13.)
| 25 | | Section 10. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-3-2 as follows: | 2 | | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| 3 | | Sec. 5-3-2. Presentence Report.
| 4 | | (a) In felony cases, the presentence
report shall set | 5 | | forth:
| 6 | | (1) the defendant's history of delinquency or | 7 | | criminality,
physical and mental history and condition, | 8 | | family situation and
background, economic status, | 9 | | education, occupation and personal habits;
| 10 | | (2) information about special resources within the | 11 | | community
which might be available to assist the | 12 | | defendant's rehabilitation,
including treatment centers, | 13 | | residential facilities, vocational
training services, | 14 | | correctional manpower programs, employment
opportunities, | 15 | | special educational programs, alcohol and drug
abuse | 16 | | programming, psychiatric and marriage counseling, and | 17 | | other
programs and facilities which could aid the | 18 | | defendant's successful
reintegration into society;
| 19 | | (3) the effect the offense committed has had upon the | 20 | | victim or
victims thereof, and any compensatory benefit | 21 | | that various
sentencing alternatives would confer on such | 22 | | victim or victims;
| 23 | | (3.5) information provided by the victim's spouse, | 24 | | guardian, parent, grandparent, and other immediate family | 25 | | and household members about the effect the offense |
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| 1 | | committed has had on the victim and on the person providing | 2 | | the information; if the victim's spouse, guardian, parent, | 3 | | grandparent, or other immediate family or household member | 4 | | has provided a written statement, the statement shall be | 5 | | attached to the report; | 6 | | (4) information concerning the defendant's status | 7 | | since arrest,
including his record if released on his own | 8 | | recognizance, or the
defendant's achievement record if | 9 | | released on a conditional
pre-trial supervision program;
| 10 | | (5) when appropriate, a plan, based upon the personal, | 11 | | economic
and social adjustment needs of the defendant, | 12 | | utilizing public and
private community resources as an | 13 | | alternative to institutional
sentencing;
| 14 | | (6) any other matters that the investigatory officer | 15 | | deems
relevant or the court directs to be included; and
| 16 | | (7) information concerning defendant's eligibility for | 17 | | a sentence to a
county impact incarceration program under | 18 | | Section 5-8-1.2 of this Code.
| 19 | | (b) The investigation shall include a physical and mental
| 20 | | examination of the defendant when so ordered by the court. If
| 21 | | the court determines that such an examination should be made, | 22 | | it
shall issue an order that the defendant submit to | 23 | | examination at
such time and place as designated by the court | 24 | | and that such
examination be conducted by a physician, | 25 | | psychologist or
psychiatrist designated by the court. Such an | 26 | | examination may
be conducted in a court clinic if so ordered by |
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| 1 | | the court. The
cost of such examination shall be paid by the | 2 | | county in which
the trial is held.
| 3 | | (b-5) In cases involving felony sex offenses in which the | 4 | | offender is being considered for probation only or any felony | 5 | | offense that is
sexually motivated as defined in the Sex | 6 | | Offender Management Board Act in which the offender is being | 7 | | considered for probation only, the
investigation shall include | 8 | | a sex offender evaluation by an evaluator approved
by the Board | 9 | | and conducted in conformance with the standards developed under
| 10 | | the Sex Offender Management Board Act. In cases in which the | 11 | | offender is being considered for any mandatory prison sentence, | 12 | | the investigation shall not include a sex offender evaluation.
| 13 | | (c) In misdemeanor, business offense or petty offense | 14 | | cases, except as
specified in subsection (d) of this Section, | 15 | | when a presentence report has
been ordered by the court, such | 16 | | presentence report shall contain
information on the | 17 | | defendant's history of delinquency or criminality and
shall | 18 | | further contain only those matters listed in any of paragraphs | 19 | | (1)
through (6) of subsection (a) or in subsection (b) of this | 20 | | Section as are
specified by the court in its order for the | 21 | | report.
| 22 | | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | 23 | | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | 24 | | 2012, the presentence report shall set forth
information about | 25 | | alcohol, drug abuse, psychiatric, and marriage counseling
or | 26 | | other treatment programs and facilities, information on the |
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| 1 | | defendant's
history of delinquency or criminality, and shall | 2 | | contain those additional
matters listed in any of paragraphs | 3 | | (1) through (6) of subsection (a) or in
subsection (b) of this | 4 | | Section as are specified by the court.
| 5 | | (e) Nothing in this Section shall cause the defendant to be
| 6 | | held without bail or to have his bail revoked for the purpose
| 7 | | of preparing the presentence report or making an examination.
| 8 | | (Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | 9 | | 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | 10 | | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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