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91_SB1362enr
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1 AN ACT to re-enact provisions of the Rights of Crime
2 Victims and Witnesses Act contained in Article 35 of Public
3 Act 88-680.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Purpose.
7 (1) The General Assembly finds and declares that:
8 (i) Public Act 88-680, effective January 1, 1995,
9 contained provisions amending the Rights of Crime Victims
10 and Witnesses Act. Public Act 88-680 also contained other
11 provisions.
12 (ii) In addition, Public Act 88-680 was entitled
13 "AN ACT to create a Safe Neighborhoods Law". (A) Article
14 5 was entitled JUVENILE JUSTICE and amended the Juvenile
15 Court Act of 1987. (B) Article 15 was entitled GANGS and
16 amended various provisions of the Criminal Code of 1961
17 and the Unified Code of Corrections. (C) Article 20 was
18 entitled ALCOHOL ABUSE and amended various provisions of
19 the Illinois Vehicle Code. (D) Article 25 was entitled
20 DRUG ABUSE and amended the Cannabis Control Act and the
21 Illinois Controlled Substances Act. (E) Article 30 was
22 entitled FIREARMS and amended the Criminal Code of 1961
23 and the Code of Criminal Procedure of 1963. (F) Article
24 35 amended the Criminal Code of 1961, the Rights of Crime
25 Victims and Witnesses Act, and the Unified Code of
26 Corrections. (G) Article 40 amended the Criminal Code of
27 1961 to increase the penalty for compelling organization
28 membership of persons. (H) Article 45 created the Secure
29 Residential Youth Care Facility Licensing Act and amended
30 the State Finance Act, the Juvenile Court Act of 1987,
31 the Unified Code of Corrections, and the Private
32 Correctional Facility Moratorium Act. (I) Article 50
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1 amended the WIC Vendor Management Act, the Firearm Owners
2 Identification Card Act, the Juvenile Court Act of 1987,
3 the Criminal Code of 1961, the Wrongs to Children Act,
4 and the Unified Code of Corrections.
5 (iii) On December 2, 1999, the Illinois Supreme
6 Court, in People v. Cervantes, Docket No. 87229, ruled
7 that Public Act 88-680 violates the single subject clause
8 of the Illinois Constitution (Article IV, Section 8 (d))
9 and was unconstitutional in its entirety.
10 (iv) The provisions of Public Act 88-680 amending
11 the Rights of Crime Victims and Witnesses Act are of
12 vital concern to the people of this State and legislative
13 action concerning those provisions of Public Act 88-680
14 is necessary.
15 (2) It is the purpose of this Act to re-enact the
16 provisions of Article 35 of Public Act 88-680 amending the
17 Rights of Crime Victims and Witnesses Act, including
18 subsequent amendments. This re-enactment is intended to
19 remove any question as to the validity or content of those
20 provisions.
21 (3) This Act re-enacts provisions of Article 35 of
22 Public Act 88-680 amending the Rights of Crime Victims and
23 Witnesses Act, including subsequent amendments, to remove any
24 question as to the validity or content of those provisions;
25 it is not intended to supersede any other Public Act that
26 amends the text of the Sections as set forth in this Act. The
27 material is shown as existing text (i.e., without
28 underscoring).
29 ARTICLE 35
30 Section 35-15. The Rights of Crime Victims and Witnesses
31 Act is amended by re-enacting Sections 4.5 and 6 as follows:
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1 (725 ILCS 120/4.5)
2 Sec. 4.5. Procedures to implement the rights of crime
3 victims. To afford crime victims their rights, law
4 enforcement, prosecutors, judges and corrections will provide
5 information, as appropriate of the following procedures:
6 (a) At the request of the crime victim, law enforcement
7 authorities investigating the case shall provide notice of
8 the status of the investigation, except where the State's
9 Attorney determines that disclosure of such information would
10 unreasonably interfere with the investigation, until such
11 time as the alleged assailant is apprehended or the
12 investigation is closed.
13 (b) The office of the State's Attorney:
14 (1) shall provide notice of the filing of
15 information, the return of an indictment by which a
16 prosecution for any violent crime is commenced, or the
17 filing of a petition to adjudicate a minor as a
18 delinquent for a violent crime;
19 (2) shall provide notice of the date, time, and
20 place of trial;
21 (3) or victim advocate personnel shall provide
22 information of social services and financial assistance
23 available for victims of crime, including information of
24 how to apply for these services and assistance;
25 (4) shall assist in having any stolen or other
26 personal property held by law enforcement authorities for
27 evidentiary or other purposes returned as expeditiously
28 as possible, pursuant to the procedures set out in
29 Section 115-9 of the Code of Criminal Procedure of 1963;
30 (5) or victim advocate personnel shall provide
31 appropriate employer intercession services to ensure that
32 employers of victims will cooperate with the criminal
33 justice system in order to minimize an employee's loss of
34 pay and other benefits resulting from court appearances;
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1 (6) shall provide information whenever possible, of
2 a secure waiting area during court proceedings that does
3 not require victims to be in close proximity to defendant
4 or juveniles accused of a violent crime, and their
5 families and friends;
6 (7) shall provide notice to the crime victim of the
7 right to have a translator present at all court
8 proceedings;
9 (8) in the case of the death of a person, which
10 death occurred in the same transaction or occurrence in
11 which acts occurred for which a defendant is charged with
12 an offense, shall notify the spouse, parent, child or
13 sibling of the decedent of the date of the trial of the
14 person or persons allegedly responsible for the death;
15 (9) shall inform the victim of the right to have
16 present at all court proceedings, subject to the rules of
17 evidence, an advocate or other support person of the
18 victim's choice, and the right to retain an attorney, at
19 the victim's own expense, who, upon written notice filed
20 with the clerk of the court and State's Attorney, is to
21 receive copies of all notices, motions and court orders
22 filed thereafter in the case, in the same manner as if
23 the victim were a named party in the case; and
24 (10) at the sentencing hearing shall make a good
25 faith attempt to explain the minimum amount of time
26 during which the defendant may actually be physically
27 imprisoned. The Office of the State's Attorney shall
28 further notify the crime victim of the right to request
29 from the Prisoner Review Board information concerning the
30 release of the defendant under subparagraph (d)(1) of
31 this Section; and
32 (11) shall request restitution at sentencing and
33 shall consider restitution in any plea negotiation, as
34 provided by law.
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1 (c) At the written request of the crime victim, the
2 office of the State's Attorney shall:
3 (1) provide notice a reasonable time in advance of
4 the following court proceedings: preliminary hearing, any
5 hearing the effect of which may be the release of
6 defendant from custody, or to alter the conditions of
7 bond and the sentencing hearing. The crime victim shall
8 also be notified of the cancellation of the court
9 proceeding in sufficient time, wherever possible, to
10 prevent an unnecessary appearance in court;
11 (2) provide notice within a reasonable time after
12 receipt of notice from the custodian, of the release of
13 the defendant on bail or personal recognizance or the
14 release from detention of a minor who has been detained
15 for a violent crime;
16 (3) explain in nontechnical language the details of
17 any plea or verdict of a defendant, or any adjudication
18 of a juvenile as a delinquent for a violent crime;
19 (4) where practical, consult with the crime victim
20 before the Office of the State's Attorney makes an offer
21 of a plea bargain to the defendant or enters into
22 negotiations with the defendant concerning a possible
23 plea agreement, and shall consider the written victim
24 impact statement, if prepared prior to entering into a
25 plea agreement;
26 (5) provide notice of the ultimate disposition of
27 the cases arising from an indictment or an information,
28 or a petition to have a juvenile adjudicated as a
29 delinquent for a violent crime;
30 (6) provide notice of any appeal taken by the
31 defendant and information on how to contact the
32 appropriate agency handling the appeal;
33 (7) provide notice of any request for
34 post-conviction review filed by the defendant under
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1 Article 122 of the Code of Criminal Procedure of 1963,
2 and of the date, time and place of any hearing concerning
3 the petition. Whenever possible, notice of the hearing
4 shall be given in advance;
5 (8) forward a copy of any statement presented under
6 Section 6 to the Prisoner Review Board to be considered
7 by the Board in making its determination under subsection
8 (b) of Section 3-3-8 of the Unified Code of Corrections.
9 (d) (1) The Prisoner Review Board shall inform a victim
10 or any other concerned citizen, upon written request, of
11 the prisoner's release on parole, mandatory supervised
12 release, electronic detention, work release or by the
13 custodian of the discharge of any individual who was
14 adjudicated a delinquent for a violent crime from State
15 custody and by the sheriff of the appropriate county of
16 any such person's final discharge from county custody.
17 The Prisoner Review Board, upon written request, shall
18 provide to a victim or any other concerned citizen a
19 recent photograph of any person convicted of a felony,
20 upon his or her release from custody. The Prisoner Review
21 Board, upon written request, shall inform a victim or any
22 other concerned citizen when feasible at least 7 days
23 prior to the prisoner's release on furlough of the times
24 and dates of such furlough. Upon written request by the
25 victim or any other concerned citizen, the State's
26 Attorney shall notify the person once of the times and
27 dates of release of a prisoner sentenced to periodic
28 imprisonment. Notification shall be based on the most
29 recent information as to victim's or other concerned
30 citizen's residence or other location available to the
31 notifying authority. For purposes of this paragraph (1)
32 of subsection (d), "concerned citizen" includes relatives
33 of the victim, friends of the victim, witnesses to the
34 crime, or any other person associated with the victim or
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1 prisoner.
2 (2) When the defendant has been committed to the
3 Department of Human Services pursuant to Section 5-2-4 or
4 any other provision of the Unified Code of Corrections,
5 the victim may request to be notified by the releasing
6 authority of the defendant's discharge from State
7 custody.
8 (3) In the event of an escape from State custody,
9 the Department of Corrections immediately shall notify
10 the Prisoner Review Board of the escape and the Prisoner
11 Review Board shall notify the victim. The notification
12 shall be based upon the most recent information as to the
13 victim's residence or other location available to the
14 Board. When no such information is available, the Board
15 shall make all reasonable efforts to obtain the
16 information and make the notification. When the escapee
17 is apprehended, the Department of Corrections immediately
18 shall notify the Prisoner Review Board and the Board
19 shall notify the victim.
20 (4) The victim of the crime for which the prisoner
21 has been sentenced shall receive reasonable written
22 notice not less than 15 days prior to the parole hearing
23 and may submit, in writing, on film, videotape or other
24 electronic means or in the form of a recording or in
25 person at the parole hearing, information for
26 consideration by the Prisoner Review Board. The victim
27 shall be notified within 7 days after the prisoner has
28 been granted parole and shall be informed of the right to
29 inspect the registry of parole decisions, established
30 under subsection (g) of Section 3-3-5 of the Unified Code
31 of Corrections. The provisions of this paragraph (4) are
32 subject to the Open Parole Hearings Act.
33 (5) If a statement is presented under Section 6,
34 the Prisoner Review Board shall inform the victim of any
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1 order of discharge entered by the Board pursuant to
2 Section 3-3-8 of the Unified Code of Corrections.
3 (6) At the written request of the victim of the
4 crime for which the prisoner was sentenced, the Prisoner
5 Review Board shall notify the victim of the death of the
6 prisoner if the prisoner died while on parole or
7 mandatory supervised release.
8 (7) When a defendant who has been committed to the
9 Department of Corrections or the Department of Human
10 Services is released or discharged and subsequently
11 committed to the Department of Human Services as a
12 sexually violent person and the victim had requested to
13 be notified by the releasing authority of the defendant's
14 discharge from State custody, the releasing authority
15 shall provide to the Department of Human Services such
16 information that would allow the Department of Human
17 Services to contact the victim.
18 (e) The officials named in this Section may satisfy some
19 or all of their obligations to provide notices and other
20 information through participation in a statewide victim and
21 witness notification system established by the Attorney
22 General under Section 8.5 of this Act.
23 (Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98;
24 91-237, 1-1-00.)
25 (725 ILCS 120/6) (from Ch. 38, par. 1406)
26 Sec. 6. Rights to present victim impact statement.
27 (a) In any case where a defendant has been convicted of
28 a violent crime or a juvenile has been adjudicated a
29 delinquent for a violent crime except those in which both
30 parties have agreed to the imposition of a specific sentence,
31 and a victim of the violent crime is present in the courtroom
32 at the time of the sentencing or the disposition hearing, the
33 victim upon his or her request shall have the right to
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1 address the court regarding the impact which the defendant's
2 criminal conduct or the juvenile's delinquent conduct has had
3 upon the victim. If the victim chooses to exercise this
4 right, the impact statement must have been prepared in
5 writing in conjunction with the Office of the State's
6 Attorney prior to the initial hearing or sentencing, before
7 it can be presented orally or in writing at the sentencing
8 hearing. In conjunction with the Office of the State's
9 Attorney, a victim impact statement that is presented orally
10 may be done so by the victim or his or her representative.
11 The court shall consider any statements made by the victim,
12 along with all other appropriate factors in determining the
13 sentence of the defendant or disposition of such juvenile.
14 (b) The crime victim has the right to prepare a victim
15 impact statement and present it to the Office of the State's
16 Attorney at any time during the proceedings.
17 (c) This Section shall apply to any victims of a violent
18 crime during any dispositional hearing under Section 5-705 of
19 the Juvenile Court Act of 1987 which takes place pursuant to
20 an adjudication of delinquency for any such offense.
21 (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
22 ARTICLE 990
23 Section 990-1. Severability. The provisions of this Act
24 are severable under Section 1.31 of the Statute on Statutes.
25 ARTICLE 999
26 Section 999-1. Effective date. This Act takes effect
27 upon becoming law.
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