Public Act 097-0815
 
HB5187 EnrolledLRB097 17232 RLC 65228 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
    Section 5. The Illinois Police Training Act is amended by 
changing Section 7 as follows:
 



    (50 ILCS 705/7)  (from Ch. 85, par. 507)



    Sec. 7. Rules and standards for schools. The Board shall 
adopt rules and
minimum standards for such schools which shall 
include but not be limited to
the following:

    a. The curriculum for probationary police officers which 
shall be
offered by all certified schools shall include but not 
be limited to
courses of arrest, search and seizure, civil 
rights, human relations,
cultural
diversity, including racial 
and ethnic sensitivity,
criminal law, law of criminal 
procedure, vehicle and traffic law including
uniform and 
non-discriminatory enforcement of the Illinois Vehicle Code,

traffic control and accident investigation, techniques of 
obtaining
physical evidence, court testimonies, statements, 
reports, firearms
training, first-aid (including 
cardiopulmonary resuscitation), handling of
juvenile 
offenders, recognition of
mental conditions which require 
immediate assistance and methods to
safeguard and provide 
assistance to a person in need of mental
treatment, law of 
evidence, the hazards of high-speed police vehicle
chases with 
an emphasis on alternatives to the high-speed chase, and

physical training. The curriculum shall include specific 
training in
techniques for immediate response to and 
investigation of cases of domestic
violence and of sexual 
assault of adults and children. The curriculum shall include

training  in techniques designed to promote effective

communication at the initial contact with crime victims and 
ways to comprehensively
explain to victims and witnesses their 
rights under the Rights
of Crime Victims and Witnesses Act and 
the Crime
Victims Compensation Act. The curriculum shall also 
include a block of instruction aimed at identifying and 
interacting with persons with autism and other developmental 
disabilities, reducing barriers to reporting crimes against 
persons with autism, and addressing  the unique challenges 
presented by cases involving victims or witnesses with autism 
and other developmental disabilities. The curriculum for

permanent police officers shall include but not be limited to 
(1) refresher
and in-service training in any of the courses 
listed above in this
subparagraph, (2) advanced courses in any 
of the subjects listed above in
this subparagraph, (3) training 
for supervisory personnel, and (4)
specialized training in 
subjects and fields to be selected by the board.

    b. Minimum courses of study, attendance requirements and 
equipment
requirements.

    c. Minimum requirements for instructors.

    d. Minimum basic training requirements, which a 
probationary police
officer must satisfactorily complete 
before being eligible for permanent
employment as a local law 
enforcement officer for a participating local
governmental 
agency.  Those requirements shall include training in first aid

(including cardiopulmonary resuscitation).

    e. Minimum basic training requirements, which a 
probationary county
corrections officer must satisfactorily 
complete before being eligible for
permanent employment as a 
county corrections officer for a participating
local 
governmental agency.

    f. Minimum basic training requirements which a 
probationary court
security officer must satisfactorily 
complete before being eligible for
permanent employment as a 
court security officer for a participating local
governmental 
agency.   The Board shall
establish those training requirements 
which it considers appropriate for court
security officers and 
shall certify schools to conduct that training. 

    A person hired to serve as a court security officer must 
obtain from the
Board a certificate (i) attesting to his or her 
successful completion of the
training course; (ii) attesting to 
his or her satisfactory
completion of a training program of 
similar content and number of hours that
has been found 
acceptable by the Board under the provisions of this Act; or

(iii) attesting to the Board's determination that the training

course is unnecessary because of the person's extensive prior 
law enforcement
experience.

    Individuals who currently serve as court security officers 
shall be deemed
qualified to continue to serve in that capacity 
so long as they are certified
as provided by this Act within 24 
months of the effective date of this
amendatory Act of 1996.  
Failure to be so certified, absent a waiver from the
Board, 
shall cause the officer to forfeit his or her position.

    All individuals hired as court security officers on or 
after the effective
date of this amendatory Act of 1996 shall 
be certified within 12 months of the
date of their hire, unless 
a waiver has been obtained by the Board, or they
shall forfeit 
their positions.

    The Sheriff's Merit Commission, if one exists, or the 
Sheriff's Office if
there is no Sheriff's Merit Commission, 
shall maintain a list of all
individuals who have filed 
applications to become court security officers and
who meet the 
eligibility requirements established under this Act.  Either

the Sheriff's Merit Commission, or the Sheriff's Office if no 
Sheriff's Merit
Commission exists, shall establish a schedule 
of reasonable intervals for
verification of the applicants' 
qualifications under
this Act and as established by the Board.

(Source: P.A. 95-171, eff. 1-1-08.)

 
    Section 10. The Rights of Crime Victims and Witnesses Act 
is amended  by changing Sections 4 and 4.5 as follows:
 


    (725 ILCS 120/4)  (from Ch. 38, par. 1404)



    Sec. 4. Rights of crime victims. 

    (a) Crime victims shall have the following rights:


        (1) The right to be treated with fairness and respect 
    for their dignity
and privacy throughout the criminal 
    justice process.


        (2) The right to notification of court proceedings.


        (3) The right to communicate with the prosecution.


        (4) The right to make a statement to the court at 
    sentencing.


        (5) The right to information about the conviction, 
    sentence, imprisonment
and release of the accused.


        (6) The right to the timely disposition of the case 
    following the arrest
of the accused.


        (7) The right to be reasonably protected from the 
    accused through the
criminal justice process.


        (8) The right to be present at the trial and all other 
    court proceedings
on the same basis as the accused, unless 
    the victim is to testify and the court
determines that the 
    victim's testimony would be materially affected if the

    victim hears other testimony at the trial.


        (9) the right to have present at all court proceedings, 
    including proceedings under the Juvenile Court Act of 1987, 
    subject to the admonition of the rules of confidentiality 
    and subject to the
rules of evidence, a victim-witness 
    specialist, an advocate or other support person of the 
    victim's choice.


        (10) The right to restitution.

    (b) Any law enforcement agency that investigates an offense 
committed in this State shall provide a crime victim with a 
written statement and explanation of the rights of crime 
victims within 48 hours of law enforcement's initial contact 
with a victim.  The statement shall include information about 
crime victim compensation, including how to contact  the Office 
of the Illinois Attorney General to file a claim, and 
appropriate referrals to local and State programs that provide 
victim services.  The content of the statement shall be provided 
to law enforcement by the Attorney General.  Law enforcement 
shall also provide  a crime victim with a sign-off sheet that 
the victim shall sign and date as an acknowledgement that he or 
she has been furnished with information and an explanation of 
the rights of crime victims and compensation set forth in this 
Act.
    (c) The Clerk of the Circuit Court shall post the rights of 
crime victims set forth in Article I, Section 8.1(a) of the 
Illinois Constitution and subsection (a) of this Section within 
3  feet of the door to any courtroom where criminal proceedings 
are conducted.  The clerk may also post the rights in other 
locations in the courthouse.
    (d) A statement and explanation of the rights of crime 
victims set forth in paragraph (a) of this Section shall be 
given to a crime victim at the initial
contact with the 
criminal justice system by the appropriate authorities and 
shall be conspicuously posted in all court facilities.

(Source: P.A. 95-591, eff. 6-1-08.)

 


    (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.

    (a-5) When law enforcement authorities re-open a closed 
case to resume investigating, they shall provide notice of the 
re-opening of the case, except where the State's Attorney 
determines that disclosure of such information would 
unreasonably interfere with the investigation. 
    (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;

        (3.5) or victim advocate personnel shall provide 
    information about available victim services, including 
    referrals to programs, counselors, and agencies that 
    assist a victim  to deal with trauma, loss, and grief; 

        (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 
    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;


        (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;


        (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;


        (11) shall request restitution at sentencing and shall 
    consider
restitution in any plea negotiation, as provided 
    by law; and

        (12) shall, upon the court entering a verdict of not 
    guilty by reason of insanity, inform the victim of the 
    notification services available from the Department of 
    Human Services, including the statewide telephone number, 
    under subparagraph (d)(2) of this Section. 
    (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, 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.



    (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 
approval by the court of an on-grounds pass, a supervised 
off-grounds pass, an unsupervised off-grounds pass, or 
conditional release; the release on an off-grounds pass; the 
return from an off-grounds pass; transfer to another facility; 
conditional release; escape; death; defendant's furloughs, 
temporary release, or final discharge from State
custody. The 
Department of Human Services shall establish and maintain a 
statewide telephone number to be used by victims to make 
notification requests under these provisions and shall 
publicize this telephone number on its website and to the 
State's Attorney of each county.


    (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
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.


    (4) The victim of the crime for which the prisoner has been 
sentenced
shall receive reasonable written notice not less than 
30 days prior to the
parole interview 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
interview
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
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 or the State's Attorney of the 
county where the person seeking parole was prosecuted, the 
Prisoner Review Board shall notify the victim and the State's 
Attorney of the county where the person seeking parole was 
prosecuted 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, 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, conditional release, death, or escape 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.

    (8) When a defendant has been convicted of a sex offense as 
defined in Section 2 of the Sex Offender Registration Act and 
has been sentenced to the Department of Corrections or the 
Department of Juvenile Justice, the Prisoner Review Board shall 
notify the victim of the sex offense of the prisoner's 
eligibility for release on parole,
mandatory supervised 
release, 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 sex 
offense from State custody and by the sheriff of the 
appropriate
county of any such person's final discharge from 
county custody.  The notification shall be made to the victim at 
least 30 days, whenever possible, before release of the sex 
offender. 
    (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.

    (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

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.

(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10; 
97-457, eff. 1-1-12; 97-572, eff. 1-1-12; revised 9-14-11.)