SB1043 EnrolledLRB097 04747 RLC 44786 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rights of Crime Victims and Witnesses Act is
5amended by changing Section 4.5 as follows:
 
6    (725 ILCS 120/4.5)
7    Sec. 4.5. Procedures to implement the rights of crime
8victims. To afford crime victims their rights, law enforcement,
9prosecutors, judges and corrections will provide information,
10as appropriate of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation is
17closed.
18    (a-5) When law enforcement authorities re-open a closed
19case to resume investigating, they shall provide notice of the
20re-opening of the case, except where the State's Attorney
21determines that disclosure of such information would
22unreasonably interfere with the investigation.
23    (b) The office of the State's Attorney:

 

 

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1        (1) shall provide notice of the filing of information,
2    the return of an indictment by which a prosecution for any
3    violent crime is commenced, or the filing of a petition to
4    adjudicate a minor as a delinquent for a violent crime;
5        (2) shall provide notice of the date, time, and place
6    of trial;
7        (3) or victim advocate personnel shall provide
8    information of social services and financial assistance
9    available for victims of crime, including information of
10    how to apply for these services and assistance;
11        (4) shall assist in having any stolen or other personal
12    property held by law enforcement authorities for
13    evidentiary or other purposes returned as expeditiously as
14    possible, pursuant to the procedures set out in Section
15    115-9 of the Code of Criminal Procedure of 1963;
16        (5) or victim advocate personnel shall provide
17    appropriate employer intercession services to ensure that
18    employers of victims will cooperate with the criminal
19    justice system in order to minimize an employee's loss of
20    pay and other benefits resulting from court appearances;
21        (6) shall provide information whenever possible, of a
22    secure waiting area during court proceedings that does not
23    require victims to be in close proximity to defendant or
24    juveniles accused of a violent crime, and their families
25    and friends;
26        (7) shall provide notice to the crime victim of the

 

 

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1    right to have a translator present at all court proceedings
2    and, in compliance with the federal Americans with
3    Disabilities Act of 1990, the right to communications
4    access through a sign language interpreter or by other
5    means;
6        (8) in the case of the death of a person, which death
7    occurred in the same transaction or occurrence in which
8    acts occurred for which a defendant is charged with an
9    offense, shall notify the spouse, parent, child or sibling
10    of the decedent of the date of the trial of the person or
11    persons allegedly responsible for the death;
12        (9) shall inform the victim of the right to have
13    present at all court proceedings, subject to the rules of
14    evidence, an advocate or other support person of the
15    victim's choice, and the right to retain an attorney, at
16    the victim's own expense, who, upon written notice filed
17    with the clerk of the court and State's Attorney, is to
18    receive copies of all notices, motions and court orders
19    filed thereafter in the case, in the same manner as if the
20    victim were a named party in the case;
21        (10) at the sentencing hearing shall make a good faith
22    attempt to explain the minimum amount of time during which
23    the defendant may actually be physically imprisoned. The
24    Office of the State's Attorney shall further notify the
25    crime victim of the right to request from the Prisoner
26    Review Board information concerning the release of the

 

 

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1    defendant under subparagraph (d)(1) of this Section;
2        (11) shall request restitution at sentencing and shall
3    consider restitution in any plea negotiation, as provided
4    by law; and
5        (12) shall, upon the court entering a verdict of not
6    guilty by reason of insanity, inform the victim of the
7    notification services available from the Department of
8    Human Services, including the statewide telephone number,
9    under subparagraph (d)(2) of this Section.
10    (c) At the written request of the crime victim, the office
11of the State's Attorney shall:
12        (1) provide notice a reasonable time in advance of the
13    following court proceedings: preliminary hearing, any
14    hearing the effect of which may be the release of defendant
15    from custody, or to alter the conditions of bond and the
16    sentencing hearing. The crime victim shall also be notified
17    of the cancellation of the court proceeding in sufficient
18    time, wherever possible, to prevent an unnecessary
19    appearance in court;
20        (2) provide notice within a reasonable time after
21    receipt of notice from the custodian, of the release of the
22    defendant on bail or personal recognizance or the release
23    from detention of a minor who has been detained for a
24    violent crime;
25        (3) explain in nontechnical language the details of any
26    plea or verdict of a defendant, or any adjudication of a

 

 

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1    juvenile as a delinquent for a violent crime;
2        (4) where practical, consult with the crime victim
3    before the Office of the State's Attorney makes an offer of
4    a plea bargain to the defendant or enters into negotiations
5    with the defendant concerning a possible plea agreement,
6    and shall consider the written victim impact statement, if
7    prepared prior to entering into a plea agreement;
8        (5) provide notice of the ultimate disposition of the
9    cases arising from an indictment or an information, or a
10    petition to have a juvenile adjudicated as a delinquent for
11    a violent crime;
12        (6) provide notice of any appeal taken by the defendant
13    and information on how to contact the appropriate agency
14    handling the appeal;
15        (7) provide notice of any request for post-conviction
16    review filed by the defendant under Article 122 of the Code
17    of Criminal Procedure of 1963, and of the date, time and
18    place of any hearing concerning the petition. Whenever
19    possible, notice of the hearing shall be given in advance;
20        (8) forward a copy of any statement presented under
21    Section 6 to the Prisoner Review Board to be considered by
22    the Board in making its determination under subsection (b)
23    of Section 3-3-8 of the Unified Code of Corrections.
24    (d) (1) The Prisoner Review Board shall inform a victim or
25any other concerned citizen, upon written request, of the
26prisoner's release on parole, mandatory supervised release,

 

 

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1electronic detention, work release, international transfer or
2exchange, or by the custodian of the discharge of any
3individual who was adjudicated a delinquent for a violent crime
4from State custody and by the sheriff of the appropriate county
5of any such person's final discharge from county custody. The
6Prisoner Review Board, upon written request, shall provide to a
7victim or any other concerned citizen a recent photograph of
8any person convicted of a felony, upon his or her release from
9custody. The Prisoner Review Board, upon written request, shall
10inform a victim or any other concerned citizen when feasible at
11least 7 days prior to the prisoner's release on furlough of the
12times and dates of such furlough. Upon written request by the
13victim or any other concerned citizen, the State's Attorney
14shall notify the person once of the times and dates of release
15of a prisoner sentenced to periodic imprisonment. Notification
16shall be based on the most recent information as to victim's or
17other concerned citizen's residence or other location
18available to the notifying authority.
19    (2) When the defendant has been committed to the Department
20of Human Services pursuant to Section 5-2-4 or any other
21provision of the Unified Code of Corrections, the victim may
22request to be notified by the releasing authority of the
23defendant's furloughs, temporary release, or final discharge
24from State custody. The Department of Human Services shall
25establish and maintain a statewide telephone number to be used
26by victims to make notification requests under these provisions

 

 

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1and shall publicize this telephone number on its website and to
2the State's Attorney of each county.
3    (3) In the event of an escape from State custody, the
4Department of Corrections or the Department of Juvenile Justice
5immediately shall notify the Prisoner Review Board of the
6escape and the Prisoner Review Board shall notify the victim.
7The notification shall be based upon the most recent
8information as to the victim's residence or other location
9available to the Board. When no such information is available,
10the Board shall make all reasonable efforts to obtain the
11information and make the notification. When the escapee is
12apprehended, the Department of Corrections or the Department of
13Juvenile Justice immediately shall notify the Prisoner Review
14Board and the Board shall notify the victim.
15    (4) The victim of the crime for which the prisoner has been
16sentenced shall receive reasonable written notice not less than
1730 days prior to the parole interview and may submit, in
18writing, on film, videotape or other electronic means or in the
19form of a recording or in person at the parole interview or if
20a victim of a violent crime, by calling the toll-free number
21established in subsection (f) of this Section, information for
22consideration by the Prisoner Review Board. The victim shall be
23notified within 7 days after the prisoner has been granted
24parole and shall be informed of the right to inspect the
25registry of parole decisions, established under subsection (g)
26of Section 3-3-5 of the Unified Code of Corrections. The

 

 

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1provisions of this paragraph (4) are subject to the Open Parole
2Hearings Act.
3    (5) If a statement is presented under Section 6, the
4Prisoner Review Board shall inform the victim of any order of
5discharge entered by the Board pursuant to Section 3-3-8 of the
6Unified Code of Corrections.
7    (6) At the written request of the victim of the crime for
8which the prisoner was sentenced or the State's Attorney of the
9county where the person seeking parole was prosecuted, the
10Prisoner Review Board shall notify the victim and the State's
11Attorney of the county where the person seeking parole was
12prosecuted of the death of the prisoner if the prisoner died
13while on parole or mandatory supervised release.
14    (7) When a defendant who has been committed to the
15Department of Corrections, the Department of Juvenile Justice,
16or the Department of Human Services is released or discharged
17and subsequently committed to the Department of Human Services
18as a sexually violent person and the victim had requested to be
19notified by the releasing authority of the defendant's
20discharge from State custody, the releasing authority shall
21provide to the Department of Human Services such information
22that would allow the Department of Human Services to contact
23the victim.
24    (8) When a defendant has been convicted of a sex offense as
25defined in Section 2 of the Sex Offender Registration Act and
26has been sentenced to the Department of Corrections or the

 

 

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1Department of Juvenile Justice, the Prisoner Review Board shall
2notify the victim of the sex offense of the prisoner's
3eligibility for release on parole, mandatory supervised
4release, electronic detention, work release, international
5transfer or exchange, or by the custodian of the discharge of
6any individual who was adjudicated a delinquent for a sex
7offense from State custody and by the sheriff of the
8appropriate county of any such person's final discharge from
9county custody. The notification shall be made to the victim at
10least 30 days, whenever possible, before release of the sex
11offender.
12    (e) The officials named in this Section may satisfy some or
13all of their obligations to provide notices and other
14information through participation in a statewide victim and
15witness notification system established by the Attorney
16General under Section 8.5 of this Act.
17    (f) To permit a victim of a violent crime to provide
18information to the Prisoner Review Board for consideration by
19the Board at a parole hearing of a person who committed the
20crime against the victim in accordance with clause (d)(4) of
21this Section or at a proceeding to determine the conditions of
22mandatory supervised release of a person sentenced to a
23determinate sentence or at a hearing on revocation of mandatory
24supervised release of a person sentenced to a determinate
25sentence, the Board shall establish a toll-free number that may
26be accessed by the victim of a violent crime to present that

 

 

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1information to the Board.
2(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
395-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
496-875, eff. 1-22-10.)