HB4692 Engrossed

LRB095 18422 RLC 44508 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 Rights of Crime Victims and Witnesses Act is 
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amended  by changing Section 4.5 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 
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victims. To afford
crime victims their rights, law enforcement, 
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prosecutors, judges and
corrections will provide information, 
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as appropriate of the following
procedures:

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    (a) At the request of the crime victim, law enforcement 
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authorities
investigating the case shall provide notice of the 
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status of the investigation,
except where the State's Attorney 
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determines that disclosure of such
information would 
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unreasonably interfere with the investigation, until such
time 
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as the alleged assailant is apprehended or the investigation is 
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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, 
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    the return of an
indictment by which a prosecution for any 
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    violent crime is commenced, or the
filing of a petition to 
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    adjudicate a minor as a delinquent for a violent
crime;


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        (2) shall provide notice of the date, time, and place 
 


 






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    of trial;


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        (3) or victim advocate personnel shall provide 
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    information of social
services and financial assistance 
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    available for victims of crime, including
information of 
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    how to apply for these services and assistance;


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        (4) shall assist in having any stolen or other personal 
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    property held by
law enforcement authorities for 
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    evidentiary or other purposes returned as
expeditiously as 
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    possible, pursuant to the procedures set out in Section 
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    115-9
of the Code of Criminal Procedure of 1963;


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        (5) or victim advocate personnel shall provide 
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    appropriate employer
intercession services to ensure that 
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    employers of victims will cooperate with
the criminal 
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    justice system in order to minimize an employee's loss of 
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    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 
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    require victims to be in close
proximity to defendant or 
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    juveniles accused of a violent crime, and their
families 
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    and friends;


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        (7) shall provide notice to the crime victim of the 
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    right to have a
translator present at all court 
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    proceedings;


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        (8) in the case of the death of a person, which death 
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    occurred in the same
transaction or occurrence in which 
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    acts occurred for which a defendant is
charged with an 
 


 






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    offense, shall notify the spouse, parent, child or sibling 
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    of
the decedent of the date of the trial of the person or 
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    persons allegedly
responsible for the death;


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        (9) shall inform the victim of the right to have 
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    present at all court
proceedings, subject to the rules of 
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    evidence, an advocate or other support
person of the 
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    victim's choice, and the right to retain an attorney, at 
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    the
victim's own expense, who, upon written notice filed 
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    with the clerk of the
court and State's Attorney, is to 
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    receive copies of all notices, motions and
court orders 
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    filed thereafter in the case, in the same manner as if the 
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    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 
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    the defendant may actually be
physically imprisoned.  The 
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    Office of the State's Attorney shall further notify
the 
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    crime victim of the right to request from the Prisoner 
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    Review Board
information concerning the release of the 
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    defendant under subparagraph (d)(1)
of this Section; and


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

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    (c) At the written request of the crime victim, the office 
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of the State's
Attorney shall:


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        (1) provide notice a reasonable time in advance of the 
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    following court
proceedings: preliminary hearing, any 
 


 






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    hearing the effect of which may be the
release of defendant 
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    from custody, or to alter the conditions of bond and the

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    sentencing hearing.  The crime victim shall also be notified 
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    of the
cancellation of the court proceeding in sufficient 
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    time, wherever possible, to
prevent an unnecessary 
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    appearance in court;


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        (2) provide notice within a reasonable time after 
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    receipt of notice from
the custodian, of the release of the 
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    defendant on bail or personal recognizance
or the release 
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    from detention of a minor who has been detained for a 
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    violent
crime;


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        (3) explain in nontechnical language the details of any 
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    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 
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    before the Office of
the State's Attorney makes an offer of 
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    a plea bargain to the defendant or
enters into negotiations 
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    with the defendant concerning a possible plea
agreement, 
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    and shall consider the written victim impact statement, if 
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    prepared
prior to entering into a plea agreement;


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        (5) provide notice of the ultimate disposition of the 
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    cases arising from
an indictment or an information, or a 
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    petition to have a juvenile adjudicated
as a delinquent for 
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    a violent crime;


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        (6) provide notice of any appeal taken by the defendant 
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    and information
on how to contact the appropriate agency 
 


 






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    handling the appeal;


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        (7) provide notice of any request for post-conviction 
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    review filed by the
defendant under Article 122 of the Code 
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    of Criminal Procedure of 1963, and of
the date, time and 
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    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 
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    Section 6 to the
Prisoner Review Board to be considered by 
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    the Board in making its determination
under subsection (b) 
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    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 
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any other
concerned citizen, upon written request, of the 
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prisoner's release on parole,
mandatory supervised release, 
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electronic detention, work release, international transfer or 
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exchange, or by the
custodian of the discharge of any 
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individual who was adjudicated a delinquent
for a violent crime 
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from State custody and by the sheriff of the appropriate
county 
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of any such person's final discharge from county custody.
The 
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Prisoner Review Board, upon written request, shall provide to a 
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victim or
any other concerned citizen a recent photograph of 
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any person convicted of a
felony, upon his or her release from 
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custody.
The Prisoner
Review Board, upon written request, shall 
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inform a victim or any other
concerned citizen when feasible at 
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least 7 days prior to the prisoner's release
on furlough of the 
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times and dates of such furlough.  Upon written request by
the 
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victim or any other concerned citizen, the State's Attorney 
 


 






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shall notify
the person once of the times and dates of release 
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of a prisoner sentenced to
periodic imprisonment.  Notification 
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shall be based on the most recent
information as to victim's or 
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other concerned citizen's residence or other
location 
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available to the notifying authority.
For purposes of this 
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paragraph (1) of subsection (d), "concerned citizen"
includes 
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relatives of the victim, friends of the victim, witnesses to 
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the
crime, or any other person associated with the victim or 
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prisoner.


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        (2) When the defendant has been committed to the 
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    Department of
Human Services pursuant to Section 5-2-4 or 
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    any other
provision of the Unified Code of Corrections, the 
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    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 
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    Department of
Corrections or the Department of Juvenile 
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    Justice immediately shall notify the Prisoner Review Board 
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    of the escape
and the Prisoner Review Board shall notify 
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    the victim.  The notification shall
be based upon the most 
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    recent information as to the victim's residence or other

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    location available to the Board.  When no such information 
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    is available, the
Board shall make all reasonable efforts 
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    to obtain the information and make
the notification.  When 
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    the escapee is apprehended, the Department of
Corrections 
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    or the Department of Juvenile Justice immediately shall 
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    notify the Prisoner Review Board and the Board
shall notify 
 


 






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    the victim.


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        (4) The victim of the crime for which the prisoner has 
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    been sentenced
shall receive reasonable written notice by 
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    certified mail, if the victim is registered with the 
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    Prisoner Review Board and maintains a residential address 
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    on file with the Prisoner Review Board, not less than 15 
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    days prior to the
parole hearing and may submit, in 
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    writing, on film, videotape or other
electronic means or in 
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    the form of a recording or in person at the parole
hearing

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    or if a victim of a violent crime, by calling the
toll-free 
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    number established in subsection (f) of this Section, 
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    information
for
consideration by the Prisoner Review 
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    Board.  The
victim shall be notified within 7 days after the 
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    prisoner has been granted
parole and shall be informed of 
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    the right to inspect the registry of parole
decisions, 
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    established under subsection (g) of Section 3-3-5 of the 
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    Unified
Code of Corrections.  The provisions of this 
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    paragraph (4) are subject to the
Open Parole Hearings Act.


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        (5) If a statement is presented under Section 6, the 
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    Prisoner Review Board
shall inform the victim of any order 
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    of discharge entered by the Board pursuant
to Section 3-3-8 
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    of the Unified Code of Corrections.


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        (6) At the written request of the victim of the crime 
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    for which the
prisoner was sentenced, the Prisoner Review 
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    Board shall notify the victim of
the death of the prisoner 
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    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 
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    Department of
Corrections, the Department of Juvenile 
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    Justice, or the Department of Human Services is released or 
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    discharged and
subsequently committed to the Department of 
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    Human Services as a sexually
violent person and the victim 
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    had requested to be notified by the releasing
authority of 
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    the defendant's discharge from State custody, the 
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    releasing
authority shall provide to the Department of 
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    Human Services such information
that would allow the 
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    Department of Human Services to contact the victim.

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    (e) The officials named in this Section may satisfy some or 
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all of their
obligations to provide notices and other 
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information through participation in a
statewide victim and 
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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 
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information to the
Prisoner Review Board for consideration by 
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the
Board at a parole hearing of a person who committed the 
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crime against
the victim in accordance with clause (d)(4) of 
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this Section or at a proceeding
to determine the conditions of 
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mandatory supervised release of a person
sentenced to a 
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determinate sentence or at a hearing on revocation of mandatory

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supervised release of a person sentenced to a determinate 
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sentence, the Board
shall establish a toll-free number that may 
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be accessed by the victim of
a violent crime to present that 
 


 






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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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    Section 10. The Open Parole Hearings Act is amended  by 
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changing Section 25 as follows:
 



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    (730 ILCS 105/25)  (from Ch. 38, par. 1675)



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    Sec. 25. Notification of future parole hearings. 

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    (a) The Board shall notify the State's Attorney of the 
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committing county
of the pending hearing and the victim by 
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certified mail, if the victim is registered with the Prisoner 
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Review Board and maintains a residential address on file with 
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the Prisoner Review Board, of all forthcoming parole hearings 
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at
least 15 days in advance.  Written notification shall 
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contain:


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        (1) notification of the place of the hearing;


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        (2) the date and approximate time of the hearing;


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        (3) their right to enter a statement, to appear in 
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    person, and to
submit other information by video tape, tape 
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    recording, or other electronic
means in the form and manner 
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    described by the Board
or if a victim of a violent crime as 
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    defined in
subsection (c) of Section 3 of the Rights of 
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    Crime Victims and Witnesses Act,
by calling the toll-free 
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    number established in subsection (f) of that
Section.

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    Notification to the victims shall be at the last known 
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address of the
victim. It shall be the responsibility of the 
 


 






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victim to notify the board of
any changes in address and name.

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    (b) However, at any time the victim may request by a 
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written certified
statement that the Prisoner Review Board stop 
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sending notice under this
Section.

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    (c) (Blank).

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    (d) No later than 7 days after a parole hearing the Board 
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shall send
notice of its decision to the State's Attorney and 
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victim.  If parole is
denied, the Board shall within a 
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reasonable period of time notify the
victim of the month and 
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year of the next scheduled hearing.

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(Source: P.A. 93-235, eff. 7-22-03.)