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Public Act 91-0693
SB1362 Enrolled LRB9111117WHmb
AN ACT to re-enact provisions of the Rights of Crime
Victims and Witnesses Act contained in Article 35 of Public
Act 88-680.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995,
contained provisions amending the Rights of Crime Victims
and Witnesses Act. Public Act 88-680 also contained other
provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article
5 was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (B) Article 15 was entitled GANGS and
amended various provisions of the Criminal Code of 1961
and the Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various provisions of
the Illinois Vehicle Code. (D) Article 25 was entitled
DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was
entitled FIREARMS and amended the Criminal Code of 1961
and the Code of Criminal Procedure of 1963. (F) Article
35 amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code of
1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure
Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987,
the Unified Code of Corrections, and the Private
Correctional Facility Moratorium Act. (I) Article 50
amended the WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of 1987,
the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme
Court, in People v. Cervantes, Docket No. 87229, ruled
that Public Act 88-680 violates the single subject clause
of the Illinois Constitution (Article IV, Section 8 (d))
and was unconstitutional in its entirety.
(iv) The provisions of Public Act 88-680 amending
the Rights of Crime Victims and Witnesses Act are of
vital concern to the people of this State and legislative
action concerning those provisions of Public Act 88-680
is necessary.
(2) It is the purpose of this Act to re-enact the
provisions of Article 35 of Public Act 88-680 amending the
Rights of Crime Victims and Witnesses Act, including
subsequent amendments. This re-enactment is intended to
remove any question as to the validity or content of those
provisions.
(3) This Act re-enacts provisions of Article 35 of
Public Act 88-680 amending the Rights of Crime Victims and
Witnesses Act, including subsequent amendments, to remove any
question as to the validity or content of those provisions;
it is not intended to supersede any other Public Act that
amends the text of the Sections as set forth in this Act. The
material is shown as existing text (i.e., without
underscoring).
ARTICLE 35
Section 35-15. The Rights of Crime Victims and Witnesses
Act is amended by re-enacting Sections 4.5 and 6 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;
(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 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 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 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, 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 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.
(Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98;
91-237, 1-1-00.)
(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 except those in which both
parties have agreed to the imposition of a specific sentence,
and a victim of the violent crime is present in the courtroom
at the time of the sentencing or the disposition hearing, the
victim upon his or her request shall have the right to
address the court regarding the impact which the defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon the victim. If the victim chooses to exercise this
right, the 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 his or her representative.
The court shall consider any statements made by the victim,
along with all other appropriate factors in determining the
sentence of the defendant or disposition of such juvenile.
(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.
(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 of delinquency for any such offense.
(Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
ARTICLE 990
Section 990-1. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
ARTICLE 999
Section 999-1. Effective date. This Act takes effect
upon becoming law.
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