State of Illinois
92nd General Assembly
Legislation

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92_HB0286

 
                                               LRB9203854RCcd

 1        AN ACT in relation to crime victims and witnesses.

 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
 5    is 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
 9    enforcement, prosecutors, judges and corrections will provide
10    information, 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
13    the status of the investigation,  except  where  the  State's
14    Attorney determines that disclosure of such information would
15    unreasonably  interfere  with  the  investigation, until such
16    time  as  the  alleged  assailant  is  apprehended   or   the
17    investigation is closed.
18        (b)  The office of the State's Attorney:
19             (1)  shall   provide   notice   of   the  filing  of
20        information, the return  of  an  indictment  by  which  a
21        prosecution  for  any  violent crime is commenced, or the
22        filing  of  a  petition  to  adjudicate  a  minor  as   a
23        delinquent for a violent crime;
24             (2)  shall  provide  notice  of  the date, time, and
25        place of trial;
26             (3)  or  victim  advocate  personnel  shall  provide
27        information of social services and  financial  assistance
28        available  for victims of crime, including information of
29        how to apply for these services and assistance;
30             (4)  shall assist in  having  any  stolen  or  other
31        personal property held by law enforcement authorities for
 
                            -2-                LRB9203854RCcd
 1        evidentiary  or  other purposes returned as expeditiously
 2        as possible,  pursuant  to  the  procedures  set  out  in
 3        Section 115-9 of the Code of Criminal Procedure of 1963;
 4             (5)  or  victim  advocate  personnel  shall  provide
 5        appropriate employer intercession services to ensure that
 6        employers  of  victims  will  cooperate with the criminal
 7        justice system in order to minimize an employee's loss of
 8        pay and other benefits resulting from court appearances;
 9             (6)  shall provide information whenever possible, of
10        a secure waiting area during court proceedings that  does
11        not require victims to be in close proximity to defendant
12        or  juveniles  accused  of  a  violent  crime,  and their
13        families and friends;
14             (7)  shall provide notice to the crime victim of the
15        right  to  have  a  translator  present  at   all   court
16        proceedings;
17             (8)  in  the  case  of  the death of a person, which
18        death occurred in the same transaction or  occurrence  in
19        which acts occurred for which a defendant is charged with
20        an  offense,  shall  notify  the spouse, parent, child or
21        sibling of the decedent of the date of the trial  of  the
22        person or persons allegedly responsible for the death;
23             (9)  shall  inform  the  victim of the right to have
24        present at all court proceedings, subject to the rules of
25        evidence, an advocate or  other  support  person  of  the
26        victim's  choice, and the right to retain an attorney, at
27        the victim's own expense, who, upon written notice  filed
28        with  the  clerk of the court and State's Attorney, is to
29        receive copies of all notices, motions and  court  orders
30        filed  thereafter  in  the case, in the same manner as if
31        the victim were a named party in the case; and
32             (10)  at the sentencing hearing shall  make  a  good
33        faith  attempt  to  explain  the  minimum  amount of time
34        during which the defendant  may  actually  be  physically
 
                            -3-                LRB9203854RCcd
 1        imprisoned.   The  Office  of  the State's Attorney shall
 2        further notify the crime victim of the right  to  request
 3        from the Prisoner Review Board information concerning the
 4        release  of  the  defendant  under subparagraph (d)(1) of
 5        this Section; and
 6             (11)  shall request restitution  at  sentencing  and
 7        shall  consider  restitution  in any plea negotiation, as
 8        provided by law.
 9        (c)  At the written request  of  the  crime  victim,  the
10    office of the State's Attorney shall:
11             (1)  provide  notice a reasonable time in advance of
12        the following court proceedings: preliminary hearing, any
13        hearing the  effect  of  which  may  be  the  release  of
14        defendant  from  custody,  or  to alter the conditions of
15        bond and the sentencing hearing.  The crime victim  shall
16        also  be  notified  of  the  cancellation  of  the  court
17        proceeding  in  sufficient  time,  wherever  possible, to
18        prevent an unnecessary appearance in court;
19             (2)  provide notice within a reasonable  time  after
20        receipt  of  notice from the custodian, of the release of
21        the defendant on bail or  personal  recognizance  or  the
22        release  from  detention of a minor who has been detained
23        for a violent crime;
24             (3)  explain in nontechnical language the details of
25        any plea or verdict of a defendant, or  any  adjudication
26        of a juvenile as a delinquent for a violent crime;
27             (4)  where  practical, consult with the crime victim
28        before the Office of the State's Attorney makes an  offer
29        of  a  plea  bargain  to  the  defendant  or  enters into
30        negotiations with the  defendant  concerning  a  possible
31        plea  agreement,  and  shall  consider the written victim
32        impact statement, if prepared prior to  entering  into  a
33        plea agreement;
34             (5)  provide  notice  of the ultimate disposition of
 
                            -4-                LRB9203854RCcd
 1        the cases arising from an indictment or  an  information,
 2        or  a  petition  to  have  a  juvenile  adjudicated  as a
 3        delinquent for a violent crime;
 4             (6)  provide notice  of  any  appeal  taken  by  the
 5        defendant   and   information   on  how  to  contact  the
 6        appropriate agency handling the appeal;
 7             (7)  provide   notice    of    any    request    for
 8        post-conviction  review  filed  by  the  defendant  under
 9        Article  122  of  the Code of Criminal Procedure of 1963,
10        and of the date, time and place of any hearing concerning
11        the petition.  Whenever possible, notice of  the  hearing
12        shall be given in advance;
13             (8)  forward a copy of any statement presented under
14        Section  6  to the Prisoner Review Board to be considered
15        by the Board in making its determination under subsection
16        (b) of Section 3-3-8 of the Unified Code of Corrections.
17        (d) (1)  If a victim or other concerned citizen  signs  a
18        written  request  for  the  notifications provided for in
19        this subsection (d) and  submits    the  request  to  the
20        State's  Attorney  of  the  County where the prisoner was
21        prosecuted, the State's Attorney shall submit the written
22        request to  the  Prisoner  Review  Board.   The  Prisoner
23        Review   Board,   without   any   further   request   for
24        notification  from the victim or other concerned citizen,
25        shall:  (i)  inform  a  victim  or  any  other  concerned
26        citizen, upon written request, of the prisoner's  release
27        on   parole,  mandatory  supervised  release,  electronic
28        detention, work  release  or  by  the  custodian  of  the
29        discharge   of  any  individual  who  was  adjudicated  a
30        delinquent for a violent crime from State custody and  by
31        the  sheriff  of  the  appropriate  county  of  any  such
32        person's  final discharge from county custody; (ii).  The
33        Prisoner  Review  Board,  upon  written  request,   shall
34        provide  to  a  victim  or  any other concerned citizen a
 
                            -5-                LRB9203854RCcd
 1        recent photograph of any person convicted  of  a  felony,
 2        upon his or her release from custody; (iii). The Prisoner
 3        Review Board, upon written request, shall inform a victim
 4        or  any  other concerned citizen when feasible at least 7
 5        days prior to the prisoner's release on furlough  of  the
 6        times and dates of such furlough; and (iv).  Upon written
 7        request by the victim or any other concerned citizen, the
 8        State's  Attorney  shall  notify  the  person once of the
 9        times and dates of release of  a  prisoner  sentenced  to
10        periodic  imprisonment.   Notification  shall be based on
11        the most recent  information  as  to  victim's  or  other
12        concerned citizen's residence or other location available
13        to   the   notifying  authority.  For  purposes  of  this
14        paragraph (1)  of  subsection  (d),  "concerned  citizen"
15        includes  relatives of the victim, friends of the victim,
16        witnesses to the crime, or any  other  person  associated
17        with the victim or prisoner.
18             (2)  When  the  defendant  has been committed to the
19        Department of Human Services pursuant to Section 5-2-4 or
20        any other provision of the Unified Code  of  Corrections,
21        the  victim  shall  may  request  to  be  notified by the
22        releasing authority of  the  defendant's  discharge  from
23        State  custody  if  the  victim  has  signed  the written
24        request as provided in paragraph (1) of  this  subsection
25        (d).
26             (2.5)  Only  one  written request must be signed and
27        submitted by the victim or  other  concerned  citizen  in
28        order  to receive every one of the notifications provided
29        in this subsection (d).  The State's Attorney must submit
30        the appropriate written  request  form  to  the  Prisoner
31        Review  Board or the Department of Human Services, as the
32        case may be.
33             (3)  In the event of an escape from  State  custody,
34        the  Department  of  Corrections immediately shall notify
 
                            -6-                LRB9203854RCcd
 1        the Prisoner Review Board of the escape and the  Prisoner
 2        Review  Board  shall notify the victim.  The notification
 3        shall be based upon the most recent information as to the
 4        victim's residence or other  location  available  to  the
 5        Board.   When no such information is available, the Board
 6        shall  make  all  reasonable  efforts   to   obtain   the
 7        information  and make the notification.  When the escapee
 8        is apprehended, the Department of Corrections immediately
 9        shall notify the Prisoner  Review  Board  and  the  Board
10        shall notify the victim.
11             (4)  The  victim of the crime for which the prisoner
12        has  been  sentenced  shall  receive  reasonable  written
13        notice not less than 15 days prior to the parole  hearing
14        and  may  submit, in writing, on film, videotape or other
15        electronic means or in the form  of  a  recording  or  in
16        person   at   the   parole   hearing,   information   for
17        consideration  by  the Prisoner Review Board.  The victim
18        shall be notified within 7 days after  the  prisoner  has
19        been granted parole and shall be informed of the right to
20        inspect  the  registry  of  parole decisions, established
21        under subsection (g) of Section 3-3-5 of the Unified Code
22        of Corrections.  The provisions of this paragraph (4) are
23        subject to the Open Parole Hearings Act.
24             (5)  If a statement is presented  under  Section  6,
25        the  Prisoner Review Board shall inform the victim of any
26        order of discharge  entered  by  the  Board  pursuant  to
27        Section 3-3-8 of the Unified Code of Corrections.
28             (6)  At  the  written  request  of the victim of the
29        crime for which the prisoner was sentenced, the  Prisoner
30        Review  Board shall notify the victim of the death of the
31        prisoner  if  the  prisoner  died  while  on  parole   or
32        mandatory supervised release.
33             (7)  When  a defendant who has been committed to the
34        Department of Corrections  or  the  Department  of  Human
 
                            -7-                LRB9203854RCcd
 1        Services  is  released  or  discharged  and  subsequently
 2        committed  to  the  Department  of  Human  Services  as a
 3        sexually violent person and the victim had  requested  to
 4        be notified by the releasing authority of the defendant's
 5        discharge  from  State  custody,  the releasing authority
 6        shall provide to the Department of  Human  Services  such
 7        information  that  would  allow  the  Department of Human
 8        Services to contact the victim.
 9        (e)  The officials named in this Section may satisfy some
10    or all of their obligations  to  provide  notices  and  other
11    information  through  participation in a statewide victim and
12    witness  notification  system  established  by  the  Attorney
13    General under Section 8.5 of this Act.
14    (Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
15    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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