Public Act 095-0897
 		





HB5603 Enrolled
LRB095 15507 RLC 45279 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing  the heading of Article  106B and Section 
106B-5 as follows:
 
    (725 ILCS 5/Art. 106B heading)
Article 106B.  Child  and Developmentally Disabled  Victims of 
Sexual Abuse


 



    (725 ILCS 5/106B-5)



    Sec. 106B-5. Testimony by a victim who is a child or a

moderately, severely, or profoundly mentally retarded person 
or a person affected by a developmental disability.

    (a) In a proceeding in the prosecution of an offense
of 
criminal sexual assault, predatory criminal sexual assault of a 
child,
aggravated criminal sexual assault, criminal
sexual 
abuse, or aggravated criminal sexual abuse, a court may order 
that
the testimony of a victim who is a child under
the age of 
18 years or a moderately, severely, or profoundly mentally

retarded person or a person affected by a developmental 
disability be taken outside
the courtroom and shown in the 
courtroom by means of a closed
circuit television if:


        (1) the testimony is taken during the proceeding; and


        (2) the judge determines that testimony by the
child 
    victim or the moderately, severely, or profoundly mentally

    retarded victim or victim affected by a developmental 
    disability in the
courtroom will result in the child
or 
    moderately, severely, or profoundly mentally retarded 
    person
or person affected by a developmental disability 
    suffering serious emotional distress
such that the child
or 
    moderately, severely, or profoundly mentally retarded 
    person or person affected by a developmental disability 
    cannot
reasonably communicate or that
the child or 
    moderately, severely, or
profoundly
mentally retarded 
    person or person affected by a developmental disability 
    will
suffer severe emotional distress that is likely to 
    cause the child or
moderately, severely, or profoundly 
    mentally retarded person or person affected by a 
    developmental disability to suffer
severe adverse effects.

    (b) Only the prosecuting attorney, the attorney for the

defendant, and the judge may question the child or moderately, 
severely,
or profoundly mentally retarded
person or person 
affected by a developmental disability.

    (c) The operators of the closed circuit television shall 
make every
effort to be unobtrusive.

    (d) Only the following persons may be in the room with
the 
child or moderately, severely, or profoundly mentally retarded 
person or person affected by a developmental disability
when 
the child or moderately,
severely, or profoundly mentally 
retarded
person or person affected by a developmental 
disability testifies by closed circuit
television:


        (1) the prosecuting attorney;


        (2) the attorney for the defendant;


        (3) the judge;


        (4) the operators of the closed circuit television 
    equipment; and


        (5) any person or persons whose presence, in the 
    opinion of the court,
contributes to the well-being of
the 
    child or moderately, severely, or profoundly mentally 
    retarded
person or person affected by a developmental 
    disability, including a person who has
dealt with the child 
    in a therapeutic setting concerning the abuse, a
parent
or 
    guardian of the child or moderately, severely, or 
    profoundly
mentally retarded
person or person affected by a 
    developmental disability, and court security personnel.

    (e) During the child's or moderately, severely, or 
profoundly
mentally retarded
person's or person affected by a 
developmental disability's testimony by closed circuit 
television, the
defendant shall be in the courtroom and shall 
not communicate with the jury
if the cause is being heard 
before a jury.

    (f) The defendant shall be allowed to communicate with
the 
persons in the room where the child or moderately, severely, or

profoundly mentally retarded person
or person affected by a 
developmental disability is testifying by any appropriate 
electronic method.

    (g) The provisions of this Section do not apply if the 
defendant
represents himself pro se.

    (h) This Section may not be interpreted to preclude, for 
purposes of
identification of a defendant, the presence of both 
the victim and the
defendant in the courtroom at the same time.

    (i) This Section applies to prosecutions pending on or 
commenced on or after
the effective date of this amendatory Act 
of 1994.

    (j)  For the purposes of this Section, "developmental 
disability" includes, but is not limited to, cerebral palsy, 
epilepsy, and autism. 
(Source: P.A. 92-434, eff. 1-1-02.)

 
    Section 10. The Rights of Crime Victims and Witnesses Act 
is amended  by changing Sections 4.5 and 5 as follows:
 


    (725 ILCS 120/4.5)


    Sec. 4.5. Procedures to implement the rights of crime 
victims. To afford
crime victims their rights, law enforcement, 
prosecutors, judges and
corrections will provide information, 
as appropriate of the following
procedures:

    (a) At the request of the crime victim, law enforcement 
authorities
investigating the case shall provide notice of the 
status of the investigation,
except where the State's Attorney 
determines that disclosure of such
information would 
unreasonably interfere with the investigation, until such
time 
as the alleged assailant is apprehended or the investigation is 
closed.

    (b) The office of the State's Attorney:


        (1) shall provide notice of the filing of information, 
    the return of an
indictment by which a prosecution for any 
    violent crime is commenced, or the
filing of a petition to 
    adjudicate a minor as a delinquent for a violent
crime;


        (2) shall provide notice of the date, time, and place 
    of trial;


        (3) or victim advocate personnel shall provide 
    information of social
services and financial assistance 
    available for victims of crime, including
information of 
    how to apply for these services and assistance;


        (4) shall assist in having any stolen or other personal 
    property held by
law enforcement authorities for 
    evidentiary or other purposes returned as
expeditiously as 
    possible, pursuant to the procedures set out in Section 
    115-9
of the Code of Criminal Procedure of 1963;


        (5) or victim advocate personnel shall provide 
    appropriate employer
intercession services to ensure that 
    employers of victims will cooperate with
the criminal 
    justice system in order to minimize an employee's loss of 
    pay and
other benefits resulting from court appearances;


        (6) shall provide information whenever possible, of a 
    secure waiting
area during court proceedings that does not 
    require victims to be in close
proximity to defendant or 
    juveniles accused of a violent crime, and their
families 
    and friends;


        (7) shall provide notice to the crime victim of the 
    right to have a
translator present at all court proceedings 
    and, in  compliance with the federal Americans
with 
    Disabilities Act of 1990, the right to communications 
    access through a
sign language interpreter or by other 
    means;


        (8) in the case of the death of a person, which death 
    occurred in the same
transaction or occurrence in which 
    acts occurred for which a defendant is
charged with an 
    offense, shall notify the spouse, parent, child or sibling 
    of
the decedent of the date of the trial of the person or 
    persons allegedly
responsible for the death;


        (9) shall inform the victim of the right to have 
    present at all court
proceedings, subject to the rules of 
    evidence, an advocate or other support
person of the 
    victim's choice, and the right to retain an attorney, at 
    the
victim's own expense, who, upon written notice filed 
    with the clerk of the
court and State's Attorney, is to 
    receive copies of all notices, motions and
court orders 
    filed thereafter in the case, in the same manner as if the 
    victim
were a named party in the case; and


        (10) at the sentencing hearing shall make a good faith 
    attempt to explain
the minimum amount of time during which 
    the defendant may actually be
physically imprisoned.  The 
    Office of the State's Attorney shall further notify
the 
    crime victim of the right to request from the Prisoner 
    Review Board
information concerning the release of the 
    defendant under subparagraph (d)(1)
of this Section; and


        (11) shall request restitution at sentencing and shall 
    consider
restitution in any plea negotiation, as provided 
    by law.

    (c) At the written request of the crime victim, the office 
of the State's
Attorney shall:


        (1) provide notice a reasonable time in advance of the 
    following court
proceedings: preliminary hearing, any 
    hearing the effect of which may be the
release of defendant 
    from custody, or to alter the conditions of bond and the

    sentencing hearing.  The crime victim shall also be notified 
    of the
cancellation of the court proceeding in sufficient 
    time, wherever possible, to
prevent an unnecessary 
    appearance in court;


        (2) provide notice within a reasonable time after 
    receipt of notice from
the custodian, of the release of the 
    defendant on bail or personal recognizance
or the release 
    from detention of a minor who has been detained for a 
    violent
crime;


        (3) explain in nontechnical language the details of any 
    plea or verdict of
a defendant, or any adjudication of a 
    juvenile as a delinquent for a violent
crime;


        (4) where practical, consult with the crime victim 
    before the Office of
the State's Attorney makes an offer of 
    a plea bargain to the defendant or
enters into negotiations 
    with the defendant concerning a possible plea
agreement, 
    and shall consider the written victim impact statement, if 
    prepared
prior to entering into a plea agreement;


        (5) provide notice of the ultimate disposition of the 
    cases arising from
an indictment or an information, or a 
    petition to have a juvenile adjudicated
as a delinquent for 
    a violent crime;


        (6) provide notice of any appeal taken by the defendant 
    and information
on how to contact the appropriate agency 
    handling the appeal;


        (7) provide notice of any request for post-conviction 
    review filed by the
defendant under Article 122 of the Code 
    of Criminal Procedure of 1963, and of
the date, time and 
    place of any hearing concerning the petition.  Whenever

    possible, notice of the hearing shall be given in advance;


        (8) forward a copy of any statement presented under 
    Section 6 to the
Prisoner Review Board to be considered by 
    the Board in making its determination
under subsection (b) 
    of Section 3-3-8 of the Unified Code of Corrections.

    (d) (1) The Prisoner Review Board shall inform a victim or 
any other
concerned citizen, upon written request, of the 
prisoner's release on parole,
mandatory supervised release, 
electronic detention, work release, international transfer or 
exchange, or by the
custodian of the discharge of any 
individual who was adjudicated a delinquent
for a violent crime 
from State custody and by the sheriff of the appropriate
county 
of any such person's final discharge from county custody.
The 
Prisoner Review Board, upon written request, shall provide to a 
victim or
any other concerned citizen a recent photograph of 
any person convicted of a
felony, upon his or her release from 
custody.
The Prisoner
Review Board, upon written request, shall 
inform a victim or any other
concerned citizen when feasible at 
least 7 days prior to the prisoner's release
on furlough of the 
times and dates of such furlough.  Upon written request by
the 
victim or any other concerned citizen, the State's Attorney 
shall notify
the person once of the times and dates of release 
of a prisoner sentenced to
periodic imprisonment.  Notification 
shall be based on the most recent
information as to victim's or 
other concerned citizen's residence or other
location 
available to the notifying authority.
For purposes of this 
paragraph (1) of subsection (d), "concerned citizen"
includes 
relatives of the victim, friends of the victim, witnesses to 
the
crime, or any other person associated with the victim or 
prisoner.


        (2) When the defendant has been committed to the 
    Department of
Human Services pursuant to Section 5-2-4 or 
    any other
provision of the Unified Code of Corrections, the 
    victim may request to be
notified by the releasing 
    authority of the defendant's discharge from State
custody.


        (3) In the event of an escape from State custody, the 
    Department of
Corrections or the Department of Juvenile 
    Justice immediately shall notify the Prisoner Review Board 
    of the escape
and the Prisoner Review Board shall notify 
    the victim.  The notification shall
be based upon the most 
    recent information as to the victim's residence or other

    location available to the Board.  When no such information 
    is available, the
Board shall make all reasonable efforts 
    to obtain the information and make
the notification.  When 
    the escapee is apprehended, the Department of
Corrections 
    or the Department of Juvenile Justice immediately shall 
    notify the Prisoner Review Board and the Board
shall notify 
    the victim.


        (4) The victim of the crime for which the prisoner has 
    been sentenced
shall receive reasonable written notice not 
    less than 15 days prior to the
parole hearing and may 
    submit, in writing, on film, videotape or other
electronic 
    means or in the form of a recording or in person at the 
    parole
hearing
or if a victim of a violent crime, by 
    calling the
toll-free number established in subsection (f) 
    of this Section, information
for
consideration by the 
    Prisoner Review Board.  The
victim shall be notified within 
    7 days after the prisoner has been granted
parole and shall 
    be informed of the right to inspect the registry of parole

    decisions, established under subsection (g) of Section 
    3-3-5 of the Unified
Code of Corrections.  The provisions of 
    this paragraph (4) are subject to the
Open Parole Hearings 
    Act.


        (5) If a statement is presented under Section 6, the 
    Prisoner Review Board
shall inform the victim of any order 
    of discharge entered by the Board pursuant
to Section 3-3-8 
    of the Unified Code of Corrections.


        (6) At the written request of the victim of the crime 
    for which the
prisoner was sentenced, the Prisoner Review 
    Board shall notify the victim of
the death of the prisoner 
    if the prisoner died while on parole or mandatory

    supervised release.


        (7) When a defendant who has been committed to the 
    Department of
Corrections, the Department of Juvenile 
    Justice, or the Department of Human Services is released or 
    discharged and
subsequently committed to the Department of 
    Human Services as a sexually
violent person and the victim 
    had requested to be notified by the releasing
authority of 
    the defendant's discharge from State custody, the 
    releasing
authority shall provide to the Department of 
    Human Services such information
that would allow the 
    Department of Human Services to contact the victim.

    (e) The officials named in this Section may satisfy some or 
all of their
obligations to provide notices and other 
information through participation in a
statewide victim and 
witness notification system established by the Attorney

General under Section 8.5 of this Act.

    (f) To permit a victim of a violent crime to provide 
information to the
Prisoner Review Board for consideration by 
the
Board at a parole hearing of a person who committed the 
crime against
the victim in accordance with clause (d)(4) of 
this Section or at a proceeding
to determine the conditions of 
mandatory supervised release of a person
sentenced to a 
determinate sentence or at a hearing on revocation of mandatory

supervised release of a person sentenced to a determinate 
sentence, the Board
shall establish a toll-free number that may 
be accessed by the victim of
a violent crime to present that 
information to the Board.

(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)

 


    (725 ILCS 120/5)  (from Ch. 38, par. 1405)


    Sec. 5. Rights of Witnesses. 

    (a) Witnesses as defined in subsection (b) of
Section 3 of 
this Act shall have the following rights:


        (1) to be notified by the Office of the State's 
    Attorney of all court
proceedings at which the witness' 
    presence is required in a reasonable
amount of time prior 
    to the proceeding, and to be notified of the
cancellation 
    of any scheduled court proceeding in sufficient time to

    prevent an unnecessary appearance in court, where 
    possible;


        (2) to be provided with appropriate employer 
    intercession services by
the Office of the State's Attorney 
    or the victim advocate personnel to
ensure
that employers 
    of witnesses will cooperate with the criminal justice 
    system
in order to minimize an employee's loss of pay and 
    other benefits resulting
from court appearances;


        (3) to be provided, whenever possible, a secure waiting 
    area during
court proceedings that does not require 
    witnesses to be in close proximity
to defendants and their 
    families and friends;


        (4) to be provided with notice by the Office of the 
    State's Attorney,
where necessary, of the right to have a 
    translator
present whenever the witness' presence is 
    required and, in  compliance with the federal Americans
with 
    Disabilities Act of 1990, to be provided with notice of the 
    right to communications access through a
sign language 
    interpreter or by other means.

    (b) At the written request of the witness, the witness 
shall:


        (1) receive notice from the office of the State's 
    Attorney of any request
for post-conviction review filed by 
    the defendant under Article 122 of the Code
of Criminal 
    Procedure of 1963, and of the date, time, and place of any 
    hearing
concerning the petition for post-conviction 
    review; whenever possible, notice
of the hearing on the 
    petition shall be given in advance;


        (2) receive notice by the releasing authority of the 
    defendant's discharge
from State custody if the defendant 
    was committed to the Department of Human Services under 
    Section 5-2-4 or any other
provision of the Unified Code of 
    Corrections;


        (3) receive notice from the Prisoner Review Board of 
    the prisoner's escape
from State custody, after the Board 
    has been notified of the escape by the
Department of 
    Corrections or the Department of Juvenile Justice;
when the 
    escapee is apprehended, the Department of Corrections or 
    the Department of Juvenile Justice shall
immediately 
    notify the Prisoner Review Board and the Board shall notify 
    the
witness;


        (4) receive notice from the Prisoner Review Board of 
    the prisoner's
release on parole, electronic detention, 
    work release or mandatory supervised
release and of the 
    prisoner's final
discharge from parole, electronic 
    detention, work release, or mandatory
supervised release.

(Source: P.A. 94-696, eff. 6-1-06.)

 
    Section 15. The Criminal Proceeding Interpreter Act is 
amended  by adding Section 4 as follows:
 
    (725 ILCS 140/4  new)
    Sec. 4. Victims and witnesses; sign language interpreters. 
The right to a qualified court-appointed sign language 
interpreter as provided in this Act shall be afforded to 
persons with disabilities who are victims of, or are called as 
witnesses in proceedings relating to, a violation of any penal 
statute of this State.





Effective Date:  1/1/2009