HB5947 Engrossed

LRB096 19640 RLC 36410 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 proceedings 
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    and, in  compliance with the federal Americans
with 
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    Disabilities Act of 1990, the right to communications 
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    access through a
sign language interpreter or by other 
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    means;
 


 






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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;
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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;
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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; and
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        (12) shall, upon the court entering a verdict of not 
 


 






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    guilty by reason of insanity, inform the victim of the 
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    notification services available from the Department of 
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    Human Services, including the statewide telephone number, 
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    under subparagraph (d)(2) of this Section. 
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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.

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    (2) When the defendant has been committed to the Department 
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of
Human Services pursuant to Section 5-2-4 or any other

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provision of the Unified Code of Corrections, the victim may 
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request to be
notified by the releasing authority of the 
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defendant's furloughs, temporary release, or final discharge 
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from State
custody. The Department of Human Services shall 
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establish and maintain a statewide telephone number to be used 
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by victims to make notification requests under these provisions 
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and shall publicize this telephone number on its website and to 
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the State's Attorney of each county.
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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 Justice 
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immediately shall notify the Prisoner Review Board of the 
 


 






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escape
and the Prisoner Review Board shall notify the victim.  
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The notification shall
be based upon the most recent 
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information as to the victim's residence or other
location 
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available to the Board.  When no such information is available, 
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the
Board shall make all reasonable efforts to obtain the 
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information and make
the notification.  When the escapee is 
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apprehended, the Department of
Corrections or the Department of 
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Juvenile Justice immediately shall notify the Prisoner Review 
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Board and the Board
shall notify the victim.
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    (4) The victim of the crime for which the prisoner has been 
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sentenced
shall receive reasonable written notice not less than 
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30 days prior to the
parole interview and may submit, in 
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writing, on film, videotape or other
electronic means or in the 
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form of a recording or in person at the parole
interview
or if 
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a victim of a violent crime, by calling the
toll-free number 
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established in subsection (f) of this Section, information
for

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consideration by the Prisoner Review Board.  The
victim shall be 
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notified within 7 days after the prisoner has been granted

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parole and shall be informed of the right to inspect the 
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registry of parole
decisions, established under subsection (g) 
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of Section 3-3-5 of the Unified
Code of Corrections.  The 
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provisions of this paragraph (4) are subject to the
Open Parole 
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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 of 
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discharge entered by the Board pursuant
to Section 3-3-8 of the 
 


 






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Unified Code of Corrections.
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    (6) At the written request of the victim of the crime for 
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which the
prisoner was sentenced or the State's Attorney of the 
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county where the person seeking parole was prosecuted, the 
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Prisoner Review Board shall notify the victim and the State's 
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Attorney of the county where the person seeking parole was 
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prosecuted of
the death of the prisoner if the prisoner died 
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while on parole or mandatory
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 Justice, 
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or the Department of Human Services is released or discharged 
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and
subsequently committed to the Department of Human Services 
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as a sexually
violent person and the victim had requested to be 
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notified by the releasing
authority of the defendant's 
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discharge from State custody, the releasing
authority shall 
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provide to the Department of Human Services such information

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that would allow the Department of Human Services to contact 
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the victim.
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    (8) When a defendant has been convicted of a sex offense as 
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defined in Section 2 of the Sex Offender Registration Act and 
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has been sentenced to the Department of Corrections or the 
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Department of Juvenile Justice, the Prisoner Review Board shall 
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notify the victim of the sex offense of the prisoner's 
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eligibility for release on parole,
mandatory supervised 
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release, electronic detention, work release, international 
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transfer or exchange, or by the
custodian of the discharge of 
 


 






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any individual who was adjudicated a delinquent
for a sex 
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offense from State custody and by the sheriff of the 
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appropriate
county of any such person's final discharge from 
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county custody.  The notification shall be made to the victim at 
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least 30 days, whenever possible, before release of the sex 
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offender. 
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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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    (g)  At the request of the spouse, parent, child, sibling, 
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or any combination of such persons of a person killed as a 
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result of a homicide, the court, at sentencing, or the Prisoner 
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Review Board, at the parole hearing, shall issue a no contact 
 


 






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order against the defendant which shall be effective while the 
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defendant is in custody. 
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(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; 
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95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; 
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96-875, eff. 1-22-10.)