103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3584

 

Introduced 2/17/2023, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/14  from Ch. 25, par. 14
725 ILCS 120/4  from Ch. 38, par. 1404

    Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation.


LRB103 29193 RLC 55580 b

 

 

A BILL FOR

 

HB3584LRB103 29193 RLC 55580 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clerks of Courts Act is amended by changing
5Section 14 as follows:
 
6    (705 ILCS 105/14)  (from Ch. 25, par. 14)
7    Sec. 14. The clerks shall enter of record all judgments
8and orders of their respective courts, as soon after the
9rendition or making thereof as practicable. This shall include
10the reporting of all felony convictions and pleas of guilty to
11the Department of Financial and Professional Regulation for
12licensure review.
13    Immediately after a judgment of dissolution of marriage or
14declaration of invalidity of marriage is granted in this
15State, the clerk of the court which granted the judgment of
16dissolution of marriage or declaration of invalidity of
17marriage shall complete and sign the form furnished by the
18Department of Public Health, and forward such form to the
19Department of Public Health within 45 days after the close of
20the month in which the judgment is rendered.
21(Source: P.A. 83-346.)
 
22    Section 10. The Rights of Crime Victims and Witnesses Act

 

 

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1is amended by changing Section 4 as follows:
 
2    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
3    Sec. 4. Rights of crime victims.
4    (a) Crime victims shall have the following rights:
5        (1) The right to be treated with fairness and respect
6    for their dignity and privacy and to be free from
7    harassment, intimidation, and abuse throughout the
8    criminal justice process.
9        (1.5) The right to notice and to a hearing before a
10    court ruling on a request for access to any of the victim's
11    records, information, or communications which are
12    privileged or confidential by law.
13        (2) The right to timely notification of all court
14    proceedings.
15        (3) The right to communicate with the prosecution.
16        (4) The right to be heard at any post-arraignment
17    court proceeding in which a right of the victim is at issue
18    and any court proceeding involving a post-arraignment
19    release decision, plea, or sentencing.
20        (5) The right to be notified of the conviction, the
21    sentence, the imprisonment and the release of the accused.
22        (6) The right to the timely disposition of the case
23    following the arrest of the accused.
24        (7) The right to be reasonably protected from the
25    accused through the criminal justice process.

 

 

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1        (7.5) The right to have the safety of the victim and
2    the victim's family considered in determining whether to
3    release the defendant and setting conditions of release
4    after arrest and conviction.
5        (8) The right to be present at the trial and all other
6    court proceedings on the same basis as the accused, unless
7    the victim is to testify and the court determines that the
8    victim's testimony would be materially affected if the
9    victim hears other testimony at the trial.
10        (9) The right to have present at all court
11    proceedings, including proceedings under the Juvenile
12    Court Act of 1987, subject to the rules of evidence, an
13    advocate and other support person of the victim's choice.
14        (10) The right to restitution.
15        (11) The right to file a complaint against the
16    offender with the Department of Financial and Professional
17    Regulation if the offender is licensed by the Department
18    of Financial and Professional Regulation.
19    (b) Any law enforcement agency that investigates an
20offense committed in this State shall provide a crime victim
21with a written statement and explanation of the rights of
22crime victims under this amendatory Act of the 99th General
23Assembly within 48 hours of law enforcement's initial contact
24with a victim. The statement shall include information about
25crime victim compensation, including how to contact the Office
26of the Illinois Attorney General to file a claim, and

 

 

HB3584- 4 -LRB103 29193 RLC 55580 b

1appropriate referrals to local and State programs that provide
2victim services. The content of the statement shall be
3provided to law enforcement by the Attorney General. Law
4enforcement shall also provide a crime victim with a sign-off
5sheet that the victim shall sign and date as an
6acknowledgement that he or she has been furnished with
7information and an explanation of the rights of crime victims
8and compensation set forth in this Act.
9    (b-5) Upon the request of the victim, the law enforcement
10agency having jurisdiction shall provide a free copy of the
11police report concerning the victim's incident, as soon as
12practicable, but in no event later than 5 business days from
13the request.
14    (c) The Clerk of the Circuit Court shall post the rights of
15crime victims set forth in Article I, Section 8.1(a) of the
16Illinois Constitution and subsection (a) of this Section
17within 3 feet of the door to any courtroom where criminal
18proceedings are conducted. The clerk may also post the rights
19in other locations in the courthouse.
20    (d) At any point, the victim has the right to retain a
21victim's attorney who may be present during all stages of any
22interview, investigation, or other interaction with
23representatives of the criminal justice system. Treatment of
24the victim should not be affected or altered in any way as a
25result of the victim's decision to exercise this right.
26(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)