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| [ Senate Amendment 001 ] |
90_HB0025ham001
LRB9000464PTcwam02
1 AMENDMENT TO HOUSE BILL 25
2 AMENDMENT NO. . Amend House Bill 25 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Rights of Crime Victims and Witnesses
5 Act is amended by adding Section 8 and changing Section 9 as
6 follows:
7 (725 ILCS 120/8 new)
8 Sec. 8. Privately operated crime victim and witness
9 notification service. A county sheriff with the approval of
10 the county board in counties with 3,000,000 or fewer
11 inhabitants, or a county department of corrections with the
12 approval of the county board of commissioners and under the
13 direction of the sheriff in counties with more than 3,000,000
14 inhabitants, and the office of the State's Attorney may
15 contract with a private entity to operate a crime victim and
16 witness notification service. The county sheriff, the county
17 department of corrections, and the State's Attorney shall
18 make available to the private entity the information to
19 implement the notification procedure in a timely manner. The
20 private entity shall immediately deliver the notification
21 information to the requesting crime victim or witness
22 according to the requirements of this Act for certain
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1 offenses determined by the county board upon the release or
2 discharge of a defendant or prisoner in county custody. The
3 release of information to the private entity to implement the
4 contract shall be limited to the extent necessary to comply
5 with the provisions of this Act.
6 (725 ILCS 120/9) (from Ch. 38, par. 1408)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 9. This Act does not limit any rights or
9 responsibilities otherwise enjoyed by or imposed upon victims
10 or witnesses of violent crime, nor does it grant any person a
11 cause of action for damages or attorneys fees. Any act of
12 omission or commission by any law enforcement officer,
13 State's Attorney, Prisoner Review Board, Department of
14 Corrections, Department of Mental Health and Developmental
15 Disabilities or other State agency, or by any employee of any
16 State agency acting in good faith in rendering crime victim's
17 assistance or otherwise enforcing this Act shall not impose
18 civil liability upon the individual or entity or his or her
19 supervisor or employer. Nothing in this Act shall create a
20 basis for vacating a conviction or a ground for appellate
21 relief in any criminal case. Failure of the crime victim to
22 receive notice as required, however, shall not deprive the
23 court of the power to act regarding the proceeding before it;
24 nor shall any such failure grant the defendant the right to
25 seek a continuance.
26 (Source: P.A. 88-489.)
27 (Text of Section after amendment by P.A. 89-507)
28 Sec. 9. This Act does not limit any rights or
29 responsibilities otherwise enjoyed by or imposed upon victims
30 or witnesses of violent crime, nor does it grant any person a
31 cause of action for damages or attorneys fees. Any act of
32 omission or commission by any law enforcement officer or
33 State's Attorney, by the Prisoner Review Board, Department of
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1 Corrections, Department of Human Services, or other State
2 agency, or private entity under contract pursuant to Section
3 8, or by any employee of any State agency or private entity
4 under contract pursuant to Section 8 acting in good faith in
5 rendering crime victim's assistance or otherwise enforcing
6 this Act shall not impose civil liability upon the individual
7 or entity or his or her supervisor or employer. Nothing in
8 this Act shall create a basis for vacating a conviction or a
9 ground for appellate relief in any criminal case. Failure of
10 the crime victim to receive notice as required, however,
11 shall not deprive the court of the power to act regarding the
12 proceeding before it; nor shall any such failure grant the
13 defendant the right to seek a continuance.
14 (Source: P.A. 88-489; 89-507, eff. 7-1-97.)
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.".