Rep. Robert F. Flider
Filed: 3/19/2010
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1 | AMENDMENT TO HOUSE BILL 5947
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2 | AMENDMENT NO. ______. Amend House Bill 5947, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Rights of Crime Victims and Witnesses Act | ||||||
6 | is amended by changing Section 4.5 as follows: | ||||||
7 | (725 ILCS 120/4.5) | ||||||
8 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
9 | victims. To afford
crime victims their rights, law enforcement, | ||||||
10 | prosecutors, judges and
corrections will provide information, | ||||||
11 | as appropriate of the following
procedures: | ||||||
12 | (a) At the request of the crime victim, law enforcement | ||||||
13 | authorities
investigating the case shall provide notice of the | ||||||
14 | status of the investigation,
except where the State's Attorney | ||||||
15 | determines that disclosure of such
information would | ||||||
16 | unreasonably interfere with the investigation, until such
time |
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1 | as the alleged assailant is apprehended or the investigation is | ||||||
2 | closed. | ||||||
3 | (b) The office of the State's Attorney: | ||||||
4 | (1) shall provide notice of the filing of information, | ||||||
5 | the return of an
indictment by which a prosecution for any | ||||||
6 | violent crime is commenced, or the
filing of a petition to | ||||||
7 | adjudicate a minor as a delinquent for a violent
crime; | ||||||
8 | (2) shall provide notice of the date, time, and place | ||||||
9 | of trial; | ||||||
10 | (3) or victim advocate personnel shall provide | ||||||
11 | information of social
services and financial assistance | ||||||
12 | available for victims of crime, including
information of | ||||||
13 | how to apply for these services and assistance; | ||||||
14 | (4) shall assist in having any stolen or other personal | ||||||
15 | property held by
law enforcement authorities for | ||||||
16 | evidentiary or other purposes returned as
expeditiously as | ||||||
17 | possible, pursuant to the procedures set out in Section | ||||||
18 | 115-9
of the Code of Criminal Procedure of 1963; | ||||||
19 | (5) or victim advocate personnel shall provide | ||||||
20 | appropriate employer
intercession services to ensure that | ||||||
21 | employers of victims will cooperate with
the criminal | ||||||
22 | justice system in order to minimize an employee's loss of | ||||||
23 | pay and
other benefits resulting from court appearances; | ||||||
24 | (6) shall provide information whenever possible, of a | ||||||
25 | secure waiting
area during court proceedings that does not | ||||||
26 | require victims to be in close
proximity to defendant or |
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1 | juveniles accused of a violent crime, and their
families | ||||||
2 | and friends; | ||||||
3 | (7) shall provide notice to the crime victim of the | ||||||
4 | right to have a
translator present at all court proceedings | ||||||
5 | and, in compliance with the federal Americans
with | ||||||
6 | Disabilities Act of 1990, the right to communications | ||||||
7 | access through a
sign language interpreter or by other | ||||||
8 | means; | ||||||
9 | (8) in the case of the death of a person, which death | ||||||
10 | occurred in the same
transaction or occurrence in which | ||||||
11 | acts occurred for which a defendant is
charged with an | ||||||
12 | offense, shall notify the spouse, parent, child or sibling | ||||||
13 | of
the decedent of the date of the trial of the person or | ||||||
14 | persons allegedly
responsible for the death; | ||||||
15 | (9) shall inform the victim of the right to have | ||||||
16 | present at all court
proceedings, subject to the rules of | ||||||
17 | evidence, an advocate or other support
person of the | ||||||
18 | victim's choice, and the right to retain an attorney, at | ||||||
19 | the
victim's own expense, who, upon written notice filed | ||||||
20 | with the clerk of the
court and State's Attorney, is to | ||||||
21 | receive copies of all notices, motions and
court orders | ||||||
22 | filed thereafter in the case, in the same manner as if the | ||||||
23 | victim
were a named party in the case; | ||||||
24 | (10) at the sentencing hearing shall make a good faith | ||||||
25 | attempt to explain
the minimum amount of time during which | ||||||
26 | the defendant may actually be
physically imprisoned. The |
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1 | Office of the State's Attorney shall further notify
the | ||||||
2 | crime victim of the right to request from the Prisoner | ||||||
3 | Review Board
information concerning the release of the | ||||||
4 | defendant under subparagraph (d)(1)
of this Section; | ||||||
5 | (11) shall request restitution at sentencing and shall | ||||||
6 | consider
restitution in any plea negotiation, as provided | ||||||
7 | by law; and | ||||||
8 | (12) shall, upon the court entering a verdict of not | ||||||
9 | guilty by reason of insanity, inform the victim of the | ||||||
10 | notification services available from the Department of | ||||||
11 | Human Services, including the statewide telephone number, | ||||||
12 | under subparagraph (d)(2) of this Section. | ||||||
13 | (c) At the written request of the crime victim, the office | ||||||
14 | of the State's
Attorney shall: | ||||||
15 | (1) provide notice a reasonable time in advance of the | ||||||
16 | following court
proceedings: preliminary hearing, any | ||||||
17 | hearing the effect of which may be the
release of defendant | ||||||
18 | from custody, or to alter the conditions of bond and the
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19 | sentencing hearing. The crime victim shall also be notified | ||||||
20 | of the
cancellation of the court proceeding in sufficient | ||||||
21 | time, wherever possible, to
prevent an unnecessary | ||||||
22 | appearance in court; | ||||||
23 | (2) provide notice within a reasonable time after | ||||||
24 | receipt of notice from
the custodian, of the release of the | ||||||
25 | defendant on bail or personal recognizance
or the release | ||||||
26 | from detention of a minor who has been detained for a |
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1 | violent
crime; | ||||||
2 | (3) explain in nontechnical language the details of any | ||||||
3 | plea or verdict of
a defendant, or any adjudication of a | ||||||
4 | juvenile as a delinquent for a violent
crime; | ||||||
5 | (4) where practical, consult with the crime victim | ||||||
6 | before the Office of
the State's Attorney makes an offer of | ||||||
7 | a plea bargain to the defendant or
enters into negotiations | ||||||
8 | with the defendant concerning a possible plea
agreement, | ||||||
9 | and shall consider the written victim impact statement, if | ||||||
10 | prepared
prior to entering into a plea agreement; | ||||||
11 | (5) provide notice of the ultimate disposition of the | ||||||
12 | cases arising from
an indictment or an information, or a | ||||||
13 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
14 | a violent crime; | ||||||
15 | (6) provide notice of any appeal taken by the defendant | ||||||
16 | and information
on how to contact the appropriate agency | ||||||
17 | handling the appeal; | ||||||
18 | (7) provide notice of any request for post-conviction | ||||||
19 | review filed by the
defendant under Article 122 of the Code | ||||||
20 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
21 | place of any hearing concerning the petition. Whenever
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22 | possible, notice of the hearing shall be given in advance; | ||||||
23 | (8) forward a copy of any statement presented under | ||||||
24 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
25 | the Board in making its determination
under subsection (b) | ||||||
26 | of Section 3-3-8 of the Unified Code of Corrections. |
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1 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
2 | any other
concerned citizen, upon written request, of the | ||||||
3 | prisoner's release on parole,
mandatory supervised release, | ||||||
4 | electronic detention, work release, international transfer or | ||||||
5 | exchange, or by the
custodian of the discharge of any | ||||||
6 | individual who was adjudicated a delinquent
for a violent crime | ||||||
7 | from State custody and by the sheriff of the appropriate
county | ||||||
8 | of any such person's final discharge from county custody.
The | ||||||
9 | Prisoner Review Board, upon written request, shall provide to a | ||||||
10 | victim or
any other concerned citizen a recent photograph of | ||||||
11 | any person convicted of a
felony, upon his or her release from | ||||||
12 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
13 | inform a victim or any other
concerned citizen when feasible at | ||||||
14 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
15 | times and dates of such furlough. Upon written request by
the | ||||||
16 | victim or any other concerned citizen, the State's Attorney | ||||||
17 | shall notify
the person once of the times and dates of release | ||||||
18 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
19 | shall be based on the most recent
information as to victim's or | ||||||
20 | other concerned citizen's residence or other
location | ||||||
21 | available to the notifying authority.
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22 | (2) When the defendant has been committed to the Department | ||||||
23 | of
Human Services pursuant to Section 5-2-4 or any other
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24 | provision of the Unified Code of Corrections, the victim may | ||||||
25 | request to be
notified by the releasing authority of the | ||||||
26 | defendant's furloughs, temporary release, or final discharge |
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1 | from State
custody. The Department of Human Services shall | ||||||
2 | establish and maintain a statewide telephone number to be used | ||||||
3 | by victims to make notification requests under these provisions | ||||||
4 | and shall publicize this telephone number on its website and to | ||||||
5 | the State's Attorney of each county. | ||||||
6 | (3) In the event of an escape from State custody, the | ||||||
7 | Department of
Corrections or the Department of Juvenile Justice | ||||||
8 | immediately shall notify the Prisoner Review Board of the | ||||||
9 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
10 | The notification shall
be based upon the most recent | ||||||
11 | information as to the victim's residence or other
location | ||||||
12 | available to the Board. When no such information is available, | ||||||
13 | the
Board shall make all reasonable efforts to obtain the | ||||||
14 | information and make
the notification. When the escapee is | ||||||
15 | apprehended, the Department of
Corrections or the Department of | ||||||
16 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
17 | Board and the Board
shall notify the victim. | ||||||
18 | (4) The victim of the crime for which the prisoner has been | ||||||
19 | sentenced
shall receive reasonable written notice not less than | ||||||
20 | 30 days prior to the
parole interview and may submit, in | ||||||
21 | writing, on film, videotape or other
electronic means or in the | ||||||
22 | form of a recording or in person at the parole
interview
or if | ||||||
23 | a victim of a violent crime, by calling the
toll-free number | ||||||
24 | established in subsection (f) of this Section, information
for
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25 | consideration by the Prisoner Review Board. The
victim shall be | ||||||
26 | notified within 7 days after the prisoner has been granted
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1 | parole and shall be informed of the right to inspect the | ||||||
2 | registry of parole
decisions, established under subsection (g) | ||||||
3 | of Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
4 | provisions of this paragraph (4) are subject to the
Open Parole | ||||||
5 | Hearings Act. | ||||||
6 | (5) If a statement is presented under Section 6, the | ||||||
7 | Prisoner Review Board
shall inform the victim of any order of | ||||||
8 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
9 | Unified Code of Corrections. | ||||||
10 | (6) At the written request of the victim of the crime for | ||||||
11 | which the
prisoner was sentenced or the State's Attorney of the | ||||||
12 | county where the person seeking parole was prosecuted, the | ||||||
13 | Prisoner Review Board shall notify the victim and the State's | ||||||
14 | Attorney of the county where the person seeking parole was | ||||||
15 | prosecuted of
the death of the prisoner if the prisoner died | ||||||
16 | while on parole or mandatory
supervised release. | ||||||
17 | (7) When a defendant who has been committed to the | ||||||
18 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
19 | or the Department of Human Services is released or discharged | ||||||
20 | and
subsequently committed to the Department of Human Services | ||||||
21 | as a sexually
violent person and the victim had requested to be | ||||||
22 | notified by the releasing
authority of the defendant's | ||||||
23 | discharge from State custody, the releasing
authority shall | ||||||
24 | provide to the Department of Human Services such information
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25 | that would allow the Department of Human Services to contact | ||||||
26 | the victim. |
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1 | (8) When a defendant has been convicted of a sex offense as | ||||||
2 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
3 | has been sentenced to the Department of Corrections or the | ||||||
4 | Department of Juvenile Justice, the Prisoner Review Board shall | ||||||
5 | notify the victim of the sex offense of the prisoner's | ||||||
6 | eligibility for release on parole,
mandatory supervised | ||||||
7 | release, electronic detention, work release, international | ||||||
8 | transfer or exchange, or by the
custodian of the discharge of | ||||||
9 | any individual who was adjudicated a delinquent
for a sex | ||||||
10 | offense from State custody and by the sheriff of the | ||||||
11 | appropriate
county of any such person's final discharge from | ||||||
12 | county custody. The notification shall be made to the victim at | ||||||
13 | least 30 days, whenever possible, before release of the sex | ||||||
14 | offender. | ||||||
15 | (e) The officials named in this Section may satisfy some or | ||||||
16 | all of their
obligations to provide notices and other | ||||||
17 | information through participation in a
statewide victim and | ||||||
18 | witness notification system established by the Attorney
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19 | General under Section 8.5 of this Act. | ||||||
20 | (f) To permit a victim of a violent crime to provide | ||||||
21 | information to the
Prisoner Review Board for consideration by | ||||||
22 | the
Board at a parole hearing of a person who committed the | ||||||
23 | crime against
the victim in accordance with clause (d)(4) of | ||||||
24 | this Section or at a proceeding
to determine the conditions of | ||||||
25 | mandatory supervised release of a person
sentenced to a | ||||||
26 | determinate sentence or at a hearing on revocation of mandatory
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1 | supervised release of a person sentenced to a determinate | ||||||
2 | sentence, the Board
shall establish a toll-free number that may | ||||||
3 | be accessed by the victim of
a violent crime to present that | ||||||
4 | information to the Board. | ||||||
5 | (g) At the request of the spouse, parent, child, sibling, | ||||||
6 | or any combination of such persons of a person killed as a | ||||||
7 | result of a homicide, the court, at sentencing, or the Prisoner | ||||||
8 | Review Board, at the parole hearing, shall issue a no contact | ||||||
9 | order against the defendant which shall be effective while the | ||||||
10 | defendant is in custody. | ||||||
11 | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | ||||||
12 | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
13 | 96-875, eff. 1-22-10.)".
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