Sen. Terry Link

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1043

2    AMENDMENT NO. ______. Amend Senate Bill 1043 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rights of Crime Victims and Witnesses Act
5is 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
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

 

 

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1closed.
2    (a-5) When law enforcement authorities re-open a closed
3case to resume investigating, they shall provide notice of the
4re-opening of the case, except where the State's Attorney
5determines that disclosure of such information would
6unreasonably interfere with the investigation.
7    (b) The office of the State's Attorney:
8        (1) shall provide notice of the filing of information,
9    the return of an indictment by which a prosecution for any
10    violent crime is commenced, or the filing of a petition to
11    adjudicate a minor as a delinquent for a violent crime;
12        (2) shall provide notice of the date, time, and place
13    of trial;
14        (3) or victim advocate personnel shall provide
15    information of social services and financial assistance
16    available for victims of crime, including information of
17    how to apply for these services and assistance;
18        (4) shall assist in having any stolen or other personal
19    property held by law enforcement authorities for
20    evidentiary or other purposes returned as expeditiously as
21    possible, pursuant to the procedures set out in Section
22    115-9 of the Code of Criminal Procedure of 1963;
23        (5) or victim advocate personnel shall provide
24    appropriate employer intercession services to ensure that
25    employers of victims will cooperate with the criminal
26    justice system in order to minimize an employee's loss of

 

 

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1    pay and other benefits resulting from court appearances;
2        (6) shall provide information whenever possible, of a
3    secure waiting area during court proceedings that does not
4    require victims to be in close proximity to defendant or
5    juveniles accused of a violent crime, and their families
6    and friends;
7        (7) shall provide notice to the crime victim of the
8    right to have a translator present at all court proceedings
9    and, in compliance with the federal Americans with
10    Disabilities Act of 1990, the right to communications
11    access through a sign language interpreter or by other
12    means;
13        (8) in the case of the death of a person, which death
14    occurred in the same transaction or occurrence in which
15    acts occurred for which a defendant is charged with an
16    offense, shall notify the spouse, parent, child or sibling
17    of the decedent of the date of the trial of the person or
18    persons allegedly responsible for the death;
19        (9) shall inform the victim of the right to have
20    present at all court proceedings, subject to the rules of
21    evidence, an advocate or other support person of the
22    victim's choice, and the right to retain an attorney, at
23    the victim's own expense, who, upon written notice filed
24    with the clerk of the court and State's Attorney, is to
25    receive copies of all notices, motions and court orders
26    filed thereafter in the case, in the same manner as if the

 

 

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1    victim were a named party in the case;
2        (10) at the sentencing hearing shall make a good faith
3    attempt to explain the minimum amount of time during which
4    the defendant may actually be physically imprisoned. The
5    Office of the State's Attorney shall further notify the
6    crime victim of the right to request from the Prisoner
7    Review Board information concerning the release of the
8    defendant under subparagraph (d)(1) of this Section;
9        (11) shall request restitution at sentencing and shall
10    consider restitution in any plea negotiation, as provided
11    by law; and
12        (12) shall, upon the court entering a verdict of not
13    guilty by reason of insanity, inform the victim of the
14    notification services available from the Department of
15    Human Services, including the statewide telephone number,
16    under subparagraph (d)(2) of this Section.
17    (c) At the written request of the crime victim, the office
18of the State's Attorney shall:
19        (1) provide notice a reasonable time in advance of the
20    following court proceedings: preliminary hearing, any
21    hearing the effect of which may be the release of defendant
22    from custody, or to alter the conditions of bond and the
23    sentencing hearing. The crime victim shall also be notified
24    of the cancellation of the court proceeding in sufficient
25    time, wherever possible, to prevent an unnecessary
26    appearance in court;

 

 

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1        (2) provide notice within a reasonable time after
2    receipt of notice from the custodian, of the release of the
3    defendant on bail or personal recognizance or the release
4    from detention of a minor who has been detained for a
5    violent crime;
6        (3) explain in nontechnical language the details of any
7    plea or verdict of a defendant, or any adjudication of a
8    juvenile as a delinquent for a violent crime;
9        (4) where practical, consult with the crime victim
10    before the Office of the State's Attorney makes an offer of
11    a plea bargain to the defendant or enters into negotiations
12    with the defendant concerning a possible plea agreement,
13    and shall consider the written victim impact statement, if
14    prepared prior to entering into a plea agreement;
15        (5) provide notice of the ultimate disposition of the
16    cases arising from an indictment or an information, or a
17    petition to have a juvenile adjudicated as a delinquent for
18    a violent crime;
19        (6) provide notice of any appeal taken by the defendant
20    and information on how to contact the appropriate agency
21    handling the appeal;
22        (7) provide notice of any request for post-conviction
23    review filed by the defendant under Article 122 of the Code
24    of Criminal Procedure of 1963, and of the date, time and
25    place of any hearing concerning the petition. Whenever
26    possible, notice of the hearing shall be given in advance;

 

 

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1        (8) forward a copy of any statement presented under
2    Section 6 to the Prisoner Review Board to be considered by
3    the Board in making its determination under subsection (b)
4    of Section 3-3-8 of the Unified Code of Corrections.
5    (d) (1) The Prisoner Review Board shall inform a victim or
6any other concerned citizen, upon written request, of the
7prisoner's release on parole, mandatory supervised release,
8electronic detention, work release, international transfer or
9exchange, or by the custodian of the discharge of any
10individual who was adjudicated a delinquent for a violent crime
11from State custody and by the sheriff of the appropriate county
12of any such person's final discharge from county custody. The
13Prisoner Review Board, upon written request, shall provide to a
14victim or any other concerned citizen a recent photograph of
15any person convicted of a felony, upon his or her release from
16custody. The Prisoner Review Board, upon written request, shall
17inform a victim or any other concerned citizen when feasible at
18least 7 days prior to the prisoner's release on furlough of the
19times and dates of such furlough. Upon written request by the
20victim or any other concerned citizen, the State's Attorney
21shall notify the person once of the times and dates of release
22of a prisoner sentenced to periodic imprisonment. Notification
23shall be based on the most recent information as to victim's or
24other concerned citizen's residence or other location
25available to the notifying authority.
26    (2) When the defendant has been committed to the Department

 

 

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1of Human Services pursuant to Section 5-2-4 or any other
2provision of the Unified Code of Corrections, the victim may
3request to be notified by the releasing authority of the
4defendant's furloughs, temporary release, or final discharge
5from State custody. The Department of Human Services shall
6establish and maintain a statewide telephone number to be used
7by victims to make notification requests under these provisions
8and shall publicize this telephone number on its website and to
9the State's Attorney of each county.
10    (3) In the event of an escape from State custody, the
11Department of Corrections or the Department of Juvenile Justice
12immediately shall notify the Prisoner Review Board of the
13escape and the Prisoner Review Board shall notify the victim.
14The notification shall be based upon the most recent
15information as to the victim's residence or other location
16available to the Board. When no such information is available,
17the Board shall make all reasonable efforts to obtain the
18information and make the notification. When the escapee is
19apprehended, the Department of Corrections or the Department of
20Juvenile Justice immediately shall notify the Prisoner Review
21Board and the Board shall notify the victim.
22    (4) The victim of the crime for which the prisoner has been
23sentenced shall receive reasonable written notice not less than
2430 days prior to the parole interview and may submit, in
25writing, on film, videotape or other electronic means or in the
26form of a recording or in person at the parole interview or if

 

 

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1a victim of a violent crime, by calling the toll-free number
2established in subsection (f) of this Section, information for
3consideration by the Prisoner Review Board. The victim shall be
4notified within 7 days after the prisoner has been granted
5parole and shall be informed of the right to inspect the
6registry of parole decisions, established under subsection (g)
7of Section 3-3-5 of the Unified Code of Corrections. The
8provisions of this paragraph (4) are subject to the Open Parole
9Hearings Act.
10    (5) If a statement is presented under Section 6, the
11Prisoner Review Board shall inform the victim of any order of
12discharge entered by the Board pursuant to Section 3-3-8 of the
13Unified Code of Corrections.
14    (6) At the written request of the victim of the crime for
15which the prisoner was sentenced or the State's Attorney of the
16county where the person seeking parole was prosecuted, the
17Prisoner Review Board shall notify the victim and the State's
18Attorney of the county where the person seeking parole was
19prosecuted of the death of the prisoner if the prisoner died
20while on parole or mandatory supervised release.
21    (7) When a defendant who has been committed to the
22Department of Corrections, the Department of Juvenile Justice,
23or the Department of Human Services is released or discharged
24and subsequently committed to the Department of Human Services
25as a sexually violent person and the victim had requested to be
26notified by the releasing authority of the defendant's

 

 

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1discharge from State custody, the releasing authority shall
2provide to the Department of Human Services such information
3that would allow the Department of Human Services to contact
4the victim.
5    (8) When a defendant has been convicted of a sex offense as
6defined in Section 2 of the Sex Offender Registration Act and
7has been sentenced to the Department of Corrections or the
8Department of Juvenile Justice, the Prisoner Review Board shall
9notify the victim of the sex offense of the prisoner's
10eligibility for release on parole, mandatory supervised
11release, electronic detention, work release, international
12transfer or exchange, or by the custodian of the discharge of
13any individual who was adjudicated a delinquent for a sex
14offense from State custody and by the sheriff of the
15appropriate county of any such person's final discharge from
16county custody. The notification shall be made to the victim at
17least 30 days, whenever possible, before release of the sex
18offender.
19    (e) The officials named in this Section may satisfy some or
20all of their obligations to provide notices and other
21information through participation in a statewide victim and
22witness notification system established by the Attorney
23General under Section 8.5 of this Act.
24    (f) To permit a victim of a violent crime to provide
25information to the Prisoner Review Board for consideration by
26the Board at a parole hearing of a person who committed the

 

 

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1crime against the victim in accordance with clause (d)(4) of
2this Section or at a proceeding to determine the conditions of
3mandatory supervised release of a person sentenced to a
4determinate sentence or at a hearing on revocation of mandatory
5supervised release of a person sentenced to a determinate
6sentence, the Board shall establish a toll-free number that may
7be accessed by the victim of a violent crime to present that
8information to the Board.
9(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
1095-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
1196-875, eff. 1-22-10.)".