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Public Act 095-0897
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| HB5603 Enrolled |
LRB095 15507 RLC 45279 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing the heading of Article 106B and Section |
106B-5 as follows:
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(725 ILCS 5/Art. 106B heading) |
Article 106B. Child and Developmentally Disabled Victims of |
Sexual Abuse
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(725 ILCS 5/106B-5)
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Sec. 106B-5. Testimony by a victim who is a child or a
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moderately, severely, or profoundly mentally retarded person |
or a person affected by a developmental disability.
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(a) In a proceeding in the prosecution of an offense
of |
criminal sexual assault, predatory criminal sexual assault of a |
child,
aggravated criminal sexual assault, criminal
sexual |
abuse, or aggravated criminal sexual abuse, a court may order |
that
the testimony of a victim who is a child under
the age of |
18 years or a moderately, severely, or profoundly mentally
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retarded person or a person affected by a developmental |
disability be taken outside
the courtroom and shown in the |
courtroom by means of a closed
circuit television if:
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(1) the testimony is taken during the proceeding; and
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(2) the judge determines that testimony by the
child |
victim or the moderately, severely, or profoundly mentally
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retarded victim or victim affected by a developmental |
disability in the
courtroom will result in the child
or |
moderately, severely, or profoundly mentally retarded |
person
or person affected by a developmental disability |
suffering serious emotional distress
such that the child
or |
moderately, severely, or profoundly mentally retarded |
person or person affected by a developmental disability |
cannot
reasonably communicate or that
the child or |
moderately, severely, or
profoundly
mentally retarded |
person or person affected by a developmental disability |
will
suffer severe emotional distress that is likely to |
cause the child or
moderately, severely, or profoundly |
mentally retarded person or person affected by a |
developmental disability to suffer
severe adverse effects.
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(b) Only the prosecuting attorney, the attorney for the
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defendant, and the judge may question the child or moderately, |
severely,
or profoundly mentally retarded
person or person |
affected by a developmental disability.
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(c) The operators of the closed circuit television shall |
make every
effort to be unobtrusive.
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(d) Only the following persons may be in the room with
the |
child or moderately, severely, or profoundly mentally retarded |
person or person affected by a developmental disability
when |
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the child or moderately,
severely, or profoundly mentally |
retarded
person or person affected by a developmental |
disability testifies by closed circuit
television:
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(1) the prosecuting attorney;
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(2) the attorney for the defendant;
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(3) the judge;
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(4) the operators of the closed circuit television |
equipment; and
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(5) any person or persons whose presence, in the |
opinion of the court,
contributes to the well-being of
the |
child or moderately, severely, or profoundly mentally |
retarded
person or person affected by a developmental |
disability, including a person who has
dealt with the child |
in a therapeutic setting concerning the abuse, a
parent
or |
guardian of the child or moderately, severely, or |
profoundly
mentally retarded
person or person affected by a |
developmental disability, and court security personnel.
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(e) During the child's or moderately, severely, or |
profoundly
mentally retarded
person's or person affected by a |
developmental disability's testimony by closed circuit |
television, the
defendant shall be in the courtroom and shall |
not communicate with the jury
if the cause is being heard |
before a jury.
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(f) The defendant shall be allowed to communicate with
the |
persons in the room where the child or moderately, severely, or
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profoundly mentally retarded person
or person affected by a |
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developmental disability is testifying by any appropriate |
electronic method.
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(g) The provisions of this Section do not apply if the |
defendant
represents himself pro se.
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(h) This Section may not be interpreted to preclude, for |
purposes of
identification of a defendant, the presence of both |
the victim and the
defendant in the courtroom at the same time.
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(i) This Section applies to prosecutions pending on or |
commenced on or after
the effective date of this amendatory Act |
of 1994.
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(j) For the purposes of this Section, "developmental |
disability" includes, but is not limited to, cerebral palsy, |
epilepsy, and autism. |
(Source: P.A. 92-434, eff. 1-1-02.)
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Section 10. The Rights of Crime Victims and Witnesses Act |
is amended by changing Sections 4.5 and 5 as follows:
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(725 ILCS 120/4.5)
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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:
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(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 |
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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.
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(b) The office of the State's Attorney:
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(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;
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(2) shall provide notice of the date, time, and place |
of trial;
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(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;
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(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;
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(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;
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(6) shall provide information whenever possible, of a |
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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;
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(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;
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(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;
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(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
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(10) at the sentencing hearing shall make a good faith |
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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
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(11) shall request restitution at sentencing and shall |
consider
restitution in any plea negotiation, as provided |
by law.
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(c) At the written request of the crime victim, the office |
of the State's
Attorney shall:
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(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
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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;
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(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;
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(3) explain in nontechnical language the details of any |
plea or verdict of
a defendant, or any adjudication of a |
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juvenile as a delinquent for a violent
crime;
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(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;
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(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;
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(6) provide notice of any appeal taken by the defendant |
and information
on how to contact the appropriate agency |
handling the appeal;
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(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
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possible, notice of the hearing shall be given in advance;
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(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.
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(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, |
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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.
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.
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(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 |
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authority of the defendant's discharge from State
custody.
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(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
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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.
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(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
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
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decisions, established under subsection (g) of Section |
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3-3-5 of the Unified
Code of Corrections. The provisions of |
this paragraph (4) are subject to the
Open Parole Hearings |
Act.
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(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.
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(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
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supervised release.
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(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.
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(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
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General under Section 8.5 of this Act.
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(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
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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.
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(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
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(725 ILCS 120/5) (from Ch. 38, par. 1405)
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Sec. 5. Rights of Witnesses.
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(a) Witnesses as defined in subsection (b) of
Section 3 of |
this Act shall have the following rights:
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(1) to be notified by the Office of the State's |
Attorney of all court
proceedings at which the witness' |
presence is required in a reasonable
amount of time prior |
to the proceeding, and to be notified of the
cancellation |
of any scheduled court proceeding in sufficient time to
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prevent an unnecessary appearance in court, where |
possible;
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(2) to be provided with appropriate employer |
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intercession services by
the Office of the State's Attorney |
or the victim advocate personnel to
ensure
that employers |
of witnesses will cooperate with the criminal justice |
system
in order to minimize an employee's loss of pay and |
other benefits resulting
from court appearances;
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(3) to be provided, whenever possible, a secure waiting |
area during
court proceedings that does not require |
witnesses to be in close proximity
to defendants and their |
families and friends;
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(4) to be provided with notice by the Office of the |
State's Attorney,
where necessary, of the right to have a |
translator
present whenever the witness' presence is |
required and, in compliance with the federal Americans
with |
Disabilities Act of 1990, to be provided with notice of the |
right to communications access through a
sign language |
interpreter or by other means.
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(b) At the written request of the witness, the witness |
shall:
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(1) receive notice from the office of the State's |
Attorney 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 for post-conviction |
review; whenever possible, notice
of the hearing on the |
petition shall be given in advance;
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(2) receive notice by the releasing authority of the |
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defendant's discharge
from State custody if the defendant |
was committed to the Department of Human Services under |
Section 5-2-4 or any other
provision of the Unified Code of |
Corrections;
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(3) receive notice from the Prisoner Review Board of |
the prisoner's escape
from State custody, after the Board |
has been notified of the escape by the
Department of |
Corrections or the Department of Juvenile Justice;
when the |
escapee is apprehended, the Department of Corrections or |
the Department of Juvenile Justice shall
immediately |
notify the Prisoner Review Board and the Board shall notify |
the
witness;
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(4) receive notice from the Prisoner Review Board of |
the prisoner's
release on parole, electronic detention, |
work release or mandatory supervised
release and of the |
prisoner's final
discharge from parole, electronic |
detention, work release, or mandatory
supervised release.
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(Source: P.A. 94-696, eff. 6-1-06.)
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Section 15. The Criminal Proceeding Interpreter Act is |
amended by adding Section 4 as follows:
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(725 ILCS 140/4 new) |
Sec. 4. Victims and witnesses; sign language interpreters. |
The right to a qualified court-appointed sign language |
interpreter as provided in this Act shall be afforded to |