[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB0025
725 ILCS 120/8 new
725 ILCS 120/9 from Ch. 38, par. 1408
Amends the Rights of Crime Victims and Witnesses Act.
Provides that with the approval of the county board, a county
sheriff or county board of corrections and the State's
Attorney may contract with a private entity to provide
immediate notice to a crime victim or witness upon the
release or discharge of a defendant, juvenile, or prisoner in
county custody. Provides immunity from civil liability to the
private entity acting in good faith to notify the crime
victim or witness.
LRB9000464PTcw
LRB9000464PTcw
1 AN ACT to amend the Rights of Crime Victims and Witnesses
2 Act by adding Section 8 and changing Section 9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Rights of Crime Victims and Witnesses Act
6 is amended by adding Section 8 and changing Section 9 as
7 follows:
8 (725 ILCS 120/8 new)
9 Sec. 8. Privately operated crime victim and witness
10 notification service. A county sheriff with the approval of
11 the county board in counties with 3,000,000 or fewer
12 inhabitants, or a county department of corrections with the
13 approval of the county board of commissioners and under the
14 direction of the sheriff in counties with more than 3,000,000
15 inhabitants, and the office of the State's Attorney may
16 contract with a private entity to operate a crime victim and
17 witness notification service. The county sheriff, the county
18 department of corrections, and the State's Attorney shall
19 make available to the private entity the information to
20 implement the notification procedure in a timely manner. The
21 private entity shall immediately deliver the notification
22 information to the requesting crime victim or witness
23 according to the requirements of this Act upon any release or
24 discharge of a defendant, juvenile, or prisoner in county
25 custody. The release of information to the private entity to
26 implement the contract shall be limited to the extent
27 necessary to comply with the provisions of this Act.
28 (725 ILCS 120/9) (from Ch. 38, par. 1408)
29 (Text of Section before amendment by P.A. 89-507)
30 Sec. 9. This Act does not limit any rights or
-2- LRB9000464PTcw
1 responsibilities otherwise enjoyed by or imposed upon victims
2 or witnesses of violent crime, nor does it grant any person a
3 cause of action for damages or attorneys fees. Any act of
4 omission or commission by any law enforcement officer,
5 State's Attorney, Prisoner Review Board, Department of
6 Corrections, Department of Mental Health and Developmental
7 Disabilities or other State agency, or private entity under
8 contract pursuant to Section 8, or by any employee of any
9 State agency or private entity under contract pursuant to
10 Section 8 acting in good faith in rendering crime victim's
11 assistance or otherwise enforcing this Act shall not impose
12 civil liability upon the individual or entity or his or her
13 supervisor or employer. Nothing in this Act shall create a
14 basis for vacating a conviction or a ground for appellate
15 relief in any criminal case. Failure of the crime victim to
16 receive notice as required, however, shall not deprive the
17 court of the power to act regarding the proceeding before it;
18 nor shall any such failure grant the defendant the right to
19 seek a continuance.
20 (Source: P.A. 88-489.)
21 (Text of Section after amendment by P.A. 89-507)
22 Sec. 9. This Act does not limit any rights or
23 responsibilities otherwise enjoyed by or imposed upon victims
24 or witnesses of violent crime, nor does it grant any person a
25 cause of action for damages or attorneys fees. Any act of
26 omission or commission by any law enforcement officer or
27 State's Attorney, by the Prisoner Review Board, Department of
28 Corrections, Department of Human Services, or other State
29 agency, or private entity under contract pursuant to Section
30 8, or by any employee of any State agency or private entity
31 under contract pursuant to Section 8 acting in good faith in
32 rendering crime victim's assistance or otherwise enforcing
33 this Act shall not impose civil liability upon the individual
34 or entity or his or her supervisor or employer. Nothing in
-3- LRB9000464PTcw
1 this Act shall create a basis for vacating a conviction or a
2 ground for appellate relief in any criminal case. Failure of
3 the crime victim to receive notice as required, however,
4 shall not deprive the court of the power to act regarding the
5 proceeding before it; nor shall any such failure grant the
6 defendant the right to seek a continuance.
7 (Source: P.A. 88-489; 89-507, eff. 7-1-97.)