Public Act 097-0572
 
HB3300 EnrolledLRB097 08665 RLC 51393 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 Rights of Crime Victims and Witnesses Act is 
amended by changing Sections 3, 4.5, and 6 as follows:
 


    (725 ILCS 120/3)  (from Ch. 38, par. 1403)

    (Text of Section after amendment by P.A. 96-1551)
    Sec. 3. The terms used in this Act, unless the context 
clearly
requires otherwise, shall have the following meanings:

    (a) "Crime victim" and "victim" mean (1) a person 
physically injured in this State as a
result of a violent crime 
perpetrated or attempted against that person or (2) a
person 
who suffers injury to or loss of property as a result of a 
violent crime
perpetrated or attempted against that person or 
(3) a single
representative who
may be the spouse, parent, 
child or sibling of a person killed as a result of a
violent 
crime perpetrated against the person killed or the spouse, 
parent,
child or sibling of any person granted rights under 
this Act who is physically
or mentally incapable of exercising 
such rights, except where the spouse,
parent, child or sibling 
is also the defendant or prisoner or (4) any person
against 
whom a violent crime has been committed or (5) any person
who 
has suffered personal injury as a result of a violation of 
Section 11-501
of the Illinois Vehicle Code, or of a similar 
provision of a local ordinance,
or of Section 9-3 of the 
Criminal Code of 1961, as amended or (6) in proceedings under 
the Juvenile Court Act of 1987, both parents, legal guardians, 
foster parents, or a single adult representative of a minor or 
disabled person who is a crime victim.


    (b) "Witness" means any person who personally observed the 
commission of
a violent crime and who will testify on behalf of 
the State of Illinois in
the criminal prosecution of the 
violent crime.

    (c) "Violent Crime" means any felony in which force or 
threat of force was
used against the victim, or any offense 
involving sexual exploitation, sexual
conduct or sexual 
penetration, or a violation of Section 11-20.1, 11-20.1B, or 
11-20.3 of the Criminal Code of 1961, domestic battery, 
violation of an order of
protection, stalking, or any 
misdemeanor which results in death or great bodily
harm to the 
victim or any violation of Section 9-3 of the Criminal Code of

1961, or Section 11-501 of the Illinois Vehicle
Code, or a 
similar provision of a local ordinance, if the violation 
resulted
in personal injury or death, and includes any action 
committed by a juvenile
that would be a violent crime if 
committed by an adult. For the purposes of
this paragraph, 
"personal injury" shall include any Type A injury as indicated

on the traffic accident report completed by a law enforcement 
officer that
requires immediate professional attention in 
either a doctor's office or
medical facility.  A type A injury 
shall include severely bleeding wounds,
distorted extremities, 
and injuries that require the injured party to be
carried from 
the scene.

    (d) "Sentencing Hearing" means any hearing where a sentence 
is imposed
by the court on a convicted defendant and includes 
hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 
and 5-7-7 of the Unified Code of
Corrections except those cases 
in which both parties have agreed to the
imposition of a 
specific sentence.

    (e) "Court proceedings" includes the preliminary hearing, 
any hearing the
effect of which may be the release of the 
defendant from custody or to alter
the conditions of bond, the 
trial, sentencing hearing, notice of appeal, any
modification 
of sentence, probation revocation hearings or parole hearings.

    (f) "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. 
(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; 
96-292, eff. 1-1-10; 96-875, eff. 1-22-10; 96-1551, eff. 
7-1-11.)

 


    (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;

        (3.5) or victim advocate personnel shall provide 
    information about available victim services, including 
    referrals to programs, counselors, and agencies that 
    assist a victim  to deal with trauma, loss, and grief; 

        (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;


        (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;


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

        (12) shall, upon the court entering a verdict of not 
    guilty by reason of insanity, inform the victim of the 
    notification services available from the Department of 
    Human Services, including the statewide telephone number, 
    under subparagraph (d)(2) of this Section. 
    (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.



    (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 furloughs, temporary release, or final discharge 
from State
custody. The Department of Human Services shall 
establish and maintain a statewide telephone number to be used 
by victims to make notification requests under these provisions 
and shall publicize this telephone number on its website and to 
the State's Attorney of each county.


    (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 
30 days prior to the
parole interview 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
interview
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 or the State's Attorney of the 
county where the person seeking parole was prosecuted, the 
Prisoner Review Board shall notify the victim and the State's 
Attorney of the county where the person seeking parole was 
prosecuted 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.

    (8) When a defendant has been convicted of a sex offense as 
defined in Section 2 of the Sex Offender Registration Act and 
has been sentenced to the Department of Corrections or the 
Department of Juvenile Justice, the Prisoner Review Board shall 
notify the victim of the sex offense of the prisoner's 
eligibility for 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 sex 
offense from State custody and by the sheriff of the 
appropriate
county of any such person's final discharge from 
county custody.  The notification shall be made to the victim at 
least 30 days, whenever possible, before release of the sex 
offender. 
    (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. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; 
95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; 
96-875, eff. 1-22-10.)

 


    (725 ILCS 120/6)  (from Ch. 38, par. 1406)


    Sec. 6. Rights to present victim impact statement. 

    (a) In any case where a defendant has been convicted of a 
violent crime or a
juvenile has been adjudicated a delinquent 
for a violent crime and a victim of the violent crime or the 
victim's spouse,
guardian, parent, grandparent, or other 
immediate family or household member is present in
the

courtroom at the time of the sentencing or the disposition 
hearing,
the victim or his or her representative shall have the 
right and the victim's
spouse, guardian, parent, grandparent, 
and other immediate
family or household member upon his, her, 
or
their request may be permitted by the court to address the

court regarding the impact that the defendant's criminal 
conduct
or the
juvenile's delinquent conduct has had upon them 
and the victim.
The court has discretion to determine the 
number of oral presentations of victim impact statements.
Any 
impact
statement must have been prepared in writing in 
conjunction with the Office
of the State's Attorney prior to 
the initial hearing or sentencing, before
it can be presented 
orally or in writing at the sentencing hearing.  In
conjunction 
with the Office of the State's Attorney, a victim impact 
statement
that is presented orally may be done so by the victim 
or the victim's spouse,
guardian, parent, grandparent, or other 
immediate family or household member or
his,
her, or their

representative.  At the sentencing hearing, the prosecution may 
introduce
that evidence either in its
case in chief or in 
rebuttal.  The court shall
consider any impact statement 
admitted
along with
all
other appropriate factors in 
determining the sentence of the defendant or
disposition of 
such juvenile.

    (a-1)  In any case where a defendant has been convicted of a 
violation of any statute, ordinance, or regulation relating to 
the operation or use of motor vehicles, the use of streets and 
highways by pedestrians or the operation of any other wheeled 
or tracked vehicle, except parking violations, if the violation 
resulted in great bodily harm or death, the person who suffered 
great bodily harm, the injured person's representative, or the 
representative of a deceased person shall be entitled to notice 
of the sentencing hearing.  "Representative" includes the 
spouse, guardian, grandparent, or other immediate family or 
household member of an injured or deceased person.  If the 
injured person, the injured person's representative, or a 
representative of a deceased person is present in the courtroom 
at the time of sentencing, the injured person or his or her 
representative and a representative of the deceased person 
shall have the right to address the court regarding the impact 
that the defendant's criminal conduct has had upon them. If 
more than one representative of an injured or deceased person 
is present in the courtroom at the time of sentencing, the 
court has discretion to permit one or more of the 
representatives to present an oral impact statement.  Any impact 
statement must have been prepared in writing in conjunction 
with the Office of the State's Attorney prior to the initial 
hearing or sentencing, before it can be presented orally or in 
writing at the sentencing hearing.  In conjunction with the 
Office of the State's Attorney, an impact statement that is 
presented orally may be done so by the injured person or the 
representative of an injured  or deceased person.  At the 
sentencing hearing, the prosecution may introduce that 
evidence either in its case in chief or in rebuttal.  The court 
shall consider any impact statement admitted along with all 
other appropriate factors in determining the sentence of the 
defendant. 
    (a-5)    In any case where a defendant has been found not 
guilty by reason of insanity of a violent crime and a hearing 
has been ordered by the court under the Mental Health and 
Developmental Disabilities Code to determine if the defendant 
is: (1) in need of mental health services on an inpatient 
basis; (2) in need of mental health services on an outpatient 
basis; or (3) not in need of mental health services and a 
victim of the violent crime or the victim's spouse,
guardian, 
parent, grandparent, or other immediate family or household 
member is present in
the
courtroom at the time of the initial 
commitment hearing, the victim or his or her representative 
shall have the right and the victim's
spouse, guardian, parent, 
grandparent, and other immediate
family or household members 
upon their request may be permitted by the court to address the

court regarding the impact that the defendant's criminal 
conduct has had upon them and the victim.
The court has 
discretion to determine the number of oral presentations of 
victim impact statements.
Any impact
statement must have been 
prepared in writing in conjunction with the Office
of the 
State's Attorney prior to the initial commitment hearing, 
before
it may be presented orally or in writing at the 
commitment hearing.   In
conjunction with the Office of the 
State's Attorney, a victim impact statement
that is presented 
orally may be presented so by the victim or the victim's 
spouse,
guardian, parent, grandparent, or other immediate 
family or household member or
his or her
representative.  At the 
initial commitment hearing, the State's Attorney may introduce

the statement either in its
case in chief or in rebuttal. The 
court may only consider the impact statement along with all 
other appropriate factors in determining the: (1) threat of 
serious physical harm poised by the respondent to himself or 
herself, or to another person; (2) location of inpatient or 
outpatient mental health services ordered by the court, but 
only after complying with all other applicable administrative, 
rule, and statutory requirements; (3) maximum period of 
commitment for inpatient mental health services; and (4) 
conditions of release for outpatient mental health services 
ordered by the court. 
    (b) The crime victim has the right to prepare a victim 
impact statement
and present it to the Office of the State's 
Attorney at any time during the
proceedings. Any written victim 
impact statement submitted to the Office of the State's 
Attorney shall be considered by the court during its 
consideration of aggravation and mitigation in plea 
proceedings under Supreme Court Rule 402.


    (c) This Section shall apply to any victims of a violent 
crime during any
dispositional hearing under Section 5-705 of 
the Juvenile Court
Act of 1987 which takes place pursuant to an 
adjudication or trial or plea of
delinquency for any such 
offense.

(Source: P.A. 95-591, eff. 6-1-08; 96-117, eff. 1-1-10.)




Effective Date:  1/1/2012