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90_HB0025eng
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.
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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 for certain
24 offenses determined by the county board upon the release or
25 discharge of a defendant or prisoner in county custody. The
26 release of information to the private entity to implement the
27 contract shall be limited to the extent necessary to comply
28 with the provisions of this Act.
29 (725 ILCS 120/9) (from Ch. 38, par. 1408)
30 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 9. This Act does not limit any rights or
2 responsibilities otherwise enjoyed by or imposed upon victims
3 or witnesses of violent crime, nor does it grant any person a
4 cause of action for damages or attorneys fees. Any act of
5 omission or commission by any law enforcement officer,
6 State's Attorney, Prisoner Review Board, Department of
7 Corrections, Department of Mental Health and Developmental
8 Disabilities or other State agency, or by any employee of any
9 State agency acting in good faith in rendering crime victim's
10 assistance or otherwise enforcing this Act shall not impose
11 civil liability upon the individual or entity or his or her
12 supervisor or employer. Nothing in this Act shall create a
13 basis for vacating a conviction or a ground for appellate
14 relief in any criminal case. Failure of the crime victim to
15 receive notice as required, however, shall not deprive the
16 court of the power to act regarding the proceeding before it;
17 nor shall any such failure grant the defendant the right to
18 seek a continuance.
19 (Source: P.A. 88-489.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 9. This Act does not limit any rights or
22 responsibilities otherwise enjoyed by or imposed upon victims
23 or witnesses of violent crime, nor does it grant any person a
24 cause of action for damages or attorneys fees. Any act of
25 omission or commission by any law enforcement officer or
26 State's Attorney, by the Prisoner Review Board, Department of
27 Corrections, Department of Human Services, or other State
28 agency, or private entity under contract pursuant to Section
29 8, or by any employee of any State agency or private entity
30 under contract pursuant to Section 8 acting in good faith in
31 rendering crime victim's assistance or otherwise enforcing
32 this Act shall not impose civil liability upon the individual
33 or entity or his or her supervisor or employer. Nothing in
34 this Act shall create a basis for vacating a conviction or a
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1 ground for appellate relief in any criminal case. Failure of
2 the crime victim to receive notice as required, however,
3 shall not deprive the court of the power to act regarding the
4 proceeding before it; nor shall any such failure grant the
5 defendant the right to seek a continuance.
6 (Source: P.A. 88-489; 89-507, eff. 7-1-97.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.