96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5947

 

Introduced 2/10/2010, by Rep. Robert F. Flider

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/3   from Ch. 38, par. 1403
725 ILCS 120/4.5
730 ILCS 5/3-3-13   from Ch. 38, par. 1003-3-13

    Amends the Rights of Crime Victims and Witnesses Act. Defines "crime victim" to include the spouse, parent, child, or sibling, or any combination of such persons, of a person killed as a result of a violent crime perpetrated against the person killed. Provides that the office of the State's Attorney shall, at the request of the spouse, parent, child, or sibling of a person killed as the result of a homicide, file a complaint and apply to the circuit court for a temporary restraining order, and such circuit court shall upon hearing grant a temporary restraining order or a preliminary or permanent injunction, without bond, restraining the perpetrator of the homicide from contacting, regardless of the purpose of the contact, the spouse, parent, child, or sibling of the person killed as the result of a homicide. Amends the Unified Code of Corrections. Provides that any written or electronically transmitted recommendation by the Board to the Governor or his or her agent or employee concerning a petition for a pardon, commutation, or reprieve shall be made available to the public within 24 hours after transmission.


LRB096 19640 RLC 36410 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5947 LRB096 19640 RLC 36410 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Rights of Crime Victims and Witnesses Act is
5 amended by changing Sections 3 and 4.5 as follows:
 
6     (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7     Sec. 3. The terms used in this Act, unless the context
8 clearly requires otherwise, shall have the following meanings:
9     (a) "Crime victim" and "victim" mean (1) a person
10 physically injured in this State as a result of a violent crime
11 perpetrated or attempted against that person or (2) a person
12 who suffers injury to or loss of property as a result of a
13 violent crime perpetrated or attempted against that person or
14 (3) a single representative who may be the spouse, parent,
15 child or sibling, or any combination of such persons, of a
16 person killed as a result of a violent crime perpetrated
17 against the person killed or the spouse, parent, child or
18 sibling of any person granted rights under this Act who is
19 physically or mentally incapable of exercising such rights,
20 except where the spouse, parent, child or sibling is also the
21 defendant or prisoner or (4) any person against whom a violent
22 crime has been committed or (5) any person who has suffered
23 personal injury as a result of a violation of Section 11-501 of

 

 

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1 the Illinois Vehicle Code, or of a similar provision of a local
2 ordinance, or of Section 9-3 of the Criminal Code of 1961, as
3 amended or (6) in proceedings under the Juvenile Court Act of
4 1987, both parents, legal guardians, foster parents, or a
5 single adult representative of a minor or disabled person who
6 is a crime victim.
7     (b) "Witness" means any person who personally observed the
8 commission of a violent crime and who will testify on behalf of
9 the State of Illinois in the criminal prosecution of the
10 violent crime.
11     (c) "Violent Crime" means any felony in which force or
12 threat of force was used against the victim, or any offense
13 involving sexual exploitation, sexual conduct or sexual
14 penetration, or a violation of Section 11-20.1 or 11-20.3 of
15 the Criminal Code of 1961, domestic battery, violation of an
16 order of protection, stalking, or any misdemeanor which results
17 in death or great bodily harm to the victim or any violation of
18 Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
19 the Illinois Vehicle Code, or a similar provision of a local
20 ordinance, if the violation resulted in personal injury or
21 death, and includes any action committed by a juvenile that
22 would be a violent crime if committed by an adult. For the
23 purposes of this paragraph, "personal injury" shall include any
24 Type A injury as indicated on the traffic accident report
25 completed by a law enforcement officer that requires immediate
26 professional attention in either a doctor's office or medical

 

 

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1 facility. A type A injury shall include severely bleeding
2 wounds, distorted extremities, and injuries that require the
3 injured party to be carried from the scene.
4     (d) "Sentencing Hearing" means any hearing where a sentence
5 is imposed by the court on a convicted defendant and includes
6 hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
7 and 5-7-7 of the Unified Code of Corrections except those cases
8 in which both parties have agreed to the imposition of a
9 specific sentence.
10     (e) "Court proceedings" includes the preliminary hearing,
11 any hearing the effect of which may be the release of the
12 defendant from custody or to alter the conditions of bond, the
13 trial, sentencing hearing, notice of appeal, any modification
14 of sentence, probation revocation hearings or parole hearings.
15     (f) "Concerned citizen" includes relatives of the victim,
16 friends of the victim, witnesses to the crime, or any other
17 person associated with the victim or prisoner.
18 (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
19 96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
 
20     (725 ILCS 120/4.5)
21     Sec. 4.5. Procedures to implement the rights of crime
22 victims. To afford crime victims their rights, law enforcement,
23 prosecutors, judges and corrections will provide information,
24 as appropriate of the following procedures:
25     (a) At the request of the crime victim, law enforcement

 

 

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1 authorities investigating the case shall provide notice of the
2 status of the investigation, except where the State's Attorney
3 determines that disclosure of such information would
4 unreasonably interfere with the investigation, until such time
5 as the alleged assailant is apprehended or the investigation is
6 closed.
7     (b) The office of the State's Attorney:
8         (1) shall provide notice of the filing of information,
9     the return of an indictment by which a prosecution for any
10     violent crime is commenced, or the filing of a petition to
11     adjudicate a minor as a delinquent for a violent crime;
12         (2) shall provide notice of the date, time, and place
13     of trial;
14         (3) or victim advocate personnel shall provide
15     information of social services and financial assistance
16     available for victims of crime, including information of
17     how to apply for these services and assistance;
18         (4) shall assist in having any stolen or other personal
19     property held by law enforcement authorities for
20     evidentiary or other purposes returned as expeditiously as
21     possible, pursuant to the procedures set out in Section
22     115-9 of the Code of Criminal Procedure of 1963;
23         (5) or victim advocate personnel shall provide
24     appropriate employer intercession services to ensure that
25     employers of victims will cooperate with the criminal
26     justice system in order to minimize an employee's loss of

 

 

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1     pay and other benefits resulting from court appearances;
2         (6) shall provide information whenever possible, of a
3     secure waiting area during court proceedings that does not
4     require victims to be in close proximity to defendant or
5     juveniles accused of a violent crime, and their families
6     and friends;
7         (7) shall provide notice to the crime victim of the
8     right to have a translator present at all court proceedings
9     and, in compliance with the federal Americans with
10     Disabilities Act of 1990, the right to communications
11     access through a sign language interpreter or by other
12     means;
13         (8) in the case of the death of a person, which death
14     occurred in the same transaction or occurrence in which
15     acts occurred for which a defendant is charged with an
16     offense, shall notify the spouse, parent, child or sibling
17     of the decedent of the date of the trial of the person or
18     persons allegedly responsible for the death;
19         (9) shall inform the victim of the right to have
20     present at all court proceedings, subject to the rules of
21     evidence, an advocate or other support person of the
22     victim's choice, and the right to retain an attorney, at
23     the victim's own expense, who, upon written notice filed
24     with the clerk of the court and State's Attorney, is to
25     receive copies of all notices, motions and court orders
26     filed thereafter in the case, in the same manner as if the

 

 

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1     victim were a named party in the case;
2         (10) at the sentencing hearing shall make a good faith
3     attempt to explain the minimum amount of time during which
4     the defendant may actually be physically imprisoned. The
5     Office of the State's Attorney shall further notify the
6     crime victim of the right to request from the Prisoner
7     Review Board information concerning the release of the
8     defendant under subparagraph (d)(1) of this Section;
9         (11) shall request restitution at sentencing and shall
10     consider restitution in any plea negotiation, as provided
11     by law; and
12         (12) shall, upon the court entering a verdict of not
13     guilty by reason of insanity, inform the victim of the
14     notification services available from the Department of
15     Human Services, including the statewide telephone number,
16     under subparagraph (d)(2) of this Section; and .
17         (13) shall, at the request of the spouse, parent,
18     child, or sibling of a person killed as the result of a
19     homicide, file a complaint and apply to the circuit court
20     for a temporary restraining order, and such circuit court
21     shall upon hearing grant a temporary restraining order or a
22     preliminary or permanent injunction, without bond,
23     restraining the perpetrator of the homicide from
24     contacting, regardless of the purpose of the contact, the
25     spouse, parent, child, or sibling of the person killed as
26     the result of a homicide.

 

 

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1     (c) At the written request of the crime victim, the office
2 of the State's Attorney shall:
3         (1) provide notice a reasonable time in advance of the
4     following court proceedings: preliminary hearing, any
5     hearing the effect of which may be the release of defendant
6     from custody, or to alter the conditions of bond and the
7     sentencing hearing. The crime victim shall also be notified
8     of the cancellation of the court proceeding in sufficient
9     time, wherever possible, to prevent an unnecessary
10     appearance in court;
11         (2) provide notice within a reasonable time after
12     receipt of notice from the custodian, of the release of the
13     defendant on bail or personal recognizance or the release
14     from detention of a minor who has been detained for a
15     violent crime;
16         (3) explain in nontechnical language the details of any
17     plea or verdict of a defendant, or any adjudication of a
18     juvenile as a delinquent for a violent crime;
19         (4) where practical, consult with the crime victim
20     before the Office of the State's Attorney makes an offer of
21     a plea bargain to the defendant or enters into negotiations
22     with the defendant concerning a possible plea agreement,
23     and shall consider the written victim impact statement, if
24     prepared prior to entering into a plea agreement;
25         (5) provide notice of the ultimate disposition of the
26     cases arising from an indictment or an information, or a

 

 

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1     petition to have a juvenile adjudicated as a delinquent for
2     a violent crime;
3         (6) provide notice of any appeal taken by the defendant
4     and information on how to contact the appropriate agency
5     handling the appeal;
6         (7) provide notice of any request for post-conviction
7     review filed by the defendant under Article 122 of the Code
8     of Criminal Procedure of 1963, and of the date, time and
9     place of any hearing concerning the petition. Whenever
10     possible, notice of the hearing shall be given in advance;
11         (8) forward a copy of any statement presented under
12     Section 6 to the Prisoner Review Board to be considered by
13     the Board in making its determination under subsection (b)
14     of Section 3-3-8 of the Unified Code of Corrections.
15     (d) (1) The Prisoner Review Board shall inform a victim or
16 any other concerned citizen, upon written request, of the
17 prisoner's release on parole, mandatory supervised release,
18 electronic detention, work release, transfer from a facility of
19 the Department of Correction, international transfer or
20 exchange, or by the custodian of the discharge of any
21 individual who was adjudicated a delinquent for a violent crime
22 from State custody and by the sheriff of the appropriate county
23 of any such person's final discharge from county custody. The
24 Department of Corrections shall inform the Prisoner Review
25 Board of the transfer of a prisoner from a facility of the
26 Department. The Prisoner Review Board, upon written request,

 

 

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1 shall provide to a victim or any other concerned citizen a
2 recent photograph of any person convicted of a felony, upon his
3 or her release from custody. The Prisoner Review Board, upon
4 written request, shall inform a victim or any other concerned
5 citizen when feasible at least 7 days prior to the prisoner's
6 release on furlough of the times and dates of such furlough.
7 Upon written request by the victim or any other concerned
8 citizen, the State's Attorney shall notify the person once of
9 the times and dates of release of a prisoner sentenced to
10 periodic imprisonment. Notification shall be based on the most
11 recent information as to victim's or other concerned citizen's
12 residence or other location available to the notifying
13 authority.
14     (2) When the defendant has been committed to the Department
15 of Human Services pursuant to Section 5-2-4 or any other
16 provision of the Unified Code of Corrections, the victim may
17 request to be notified by the releasing authority of the
18 defendant's furloughs, temporary release, or final discharge
19 from State custody. The Department of Human Services shall
20 establish and maintain a statewide telephone number to be used
21 by victims to make notification requests under these provisions
22 and shall publicize this telephone number on its website and to
23 the State's Attorney of each county.
24     (3) In the event of an escape from State custody, the
25 Department of Corrections or the Department of Juvenile Justice
26 immediately shall notify the Prisoner Review Board of the

 

 

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1 escape and the Prisoner Review Board shall notify the victim.
2 The notification shall be based upon the most recent
3 information as to the victim's residence or other location
4 available to the Board. When no such information is available,
5 the Board shall make all reasonable efforts to obtain the
6 information and make the notification. When the escapee is
7 apprehended, the Department of Corrections or the Department of
8 Juvenile Justice immediately shall notify the Prisoner Review
9 Board and the Board shall notify the victim.
10     (4) The victim of the crime for which the prisoner has been
11 sentenced shall receive reasonable written notice not less than
12 30 days prior to the parole interview and may submit, in
13 writing, on film, videotape or other electronic means or in the
14 form of a recording or in person at the parole interview or if
15 a victim of a violent crime, by calling the toll-free number
16 established in subsection (f) of this Section, information for
17 consideration by the Prisoner Review Board. The victim shall be
18 notified within 7 days after the prisoner has been granted
19 parole and shall be informed of the right to inspect the
20 registry of parole decisions, established under subsection (g)
21 of Section 3-3-5 of the Unified Code of Corrections. The
22 provisions of this paragraph (4) are subject to the Open Parole
23 Hearings Act.
24     (5) If a statement is presented under Section 6, the
25 Prisoner Review Board shall inform the victim of any order of
26 discharge entered by the Board pursuant to Section 3-3-8 of the

 

 

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1 Unified Code of Corrections.
2     (6) At the written request of the victim of the crime for
3 which the prisoner was sentenced or the State's Attorney of the
4 county where the person seeking parole was prosecuted, the
5 Prisoner Review Board shall notify the victim and the State's
6 Attorney of the county where the person seeking parole was
7 prosecuted of the death of the prisoner if the prisoner died
8 while on parole or mandatory supervised release.
9     (7) When a defendant who has been committed to the
10 Department of Corrections, the Department of Juvenile Justice,
11 or the Department of Human Services is released or discharged
12 and subsequently committed to the Department of Human Services
13 as a sexually violent person and the victim had requested to be
14 notified by the releasing authority of the defendant's
15 discharge from State custody, the releasing authority shall
16 provide to the Department of Human Services such information
17 that would allow the Department of Human Services to contact
18 the victim.
19     (8) When a defendant has been convicted of a sex offense as
20 defined in Section 2 of the Sex Offender Registration Act and
21 has been sentenced to the Department of Corrections or the
22 Department of Juvenile Justice, the Prisoner Review Board shall
23 notify the victim of the sex offense of the prisoner's
24 eligibility for release on parole, mandatory supervised
25 release, electronic detention, work release, international
26 transfer or exchange, or by the custodian of the discharge of

 

 

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1 any individual who was adjudicated a delinquent for a sex
2 offense from State custody and by the sheriff of the
3 appropriate county of any such person's final discharge from
4 county custody. The notification shall be made to the victim at
5 least 30 days, whenever possible, before release of the sex
6 offender.
7     (e) The officials named in this Section may satisfy some or
8 all of their obligations to provide notices and other
9 information through participation in a statewide victim and
10 witness notification system established by the Attorney
11 General under Section 8.5 of this Act.
12     (f) To permit a victim of a violent crime to provide
13 information to the Prisoner Review Board for consideration by
14 the Board at a parole hearing of a person who committed the
15 crime against the victim in accordance with clause (d)(4) of
16 this Section or at a proceeding to determine the conditions of
17 mandatory supervised release of a person sentenced to a
18 determinate sentence or at a hearing on revocation of mandatory
19 supervised release of a person sentenced to a determinate
20 sentence, the Board shall establish a toll-free number that may
21 be accessed by the victim of a violent crime to present that
22 information to the Board.
23 (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
24 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
25 96-875, eff. 1-22-10.)
 

 

 

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1     Section 10. The Unified Code of Corrections is amended by
2 changing Section 3-3-13 as follows:
 
3     (730 ILCS 5/3-3-13)  (from Ch. 38, par. 1003-3-13)
4     Sec. 3-3-13. Procedure for Executive Clemency.
5     (a) Petitions seeking pardon, commutation, or reprieve
6 shall be addressed to the Governor and filed with the Prisoner
7 Review Board. The petition shall be in writing and signed by
8 the person under conviction or by a person on his behalf. It
9 shall contain a brief history of the case, the reasons for
10 seeking executive clemency, and other relevant information the
11 Board may require.
12     (a-5) After a petition has been denied by the Governor, the
13 Board may not accept a repeat petition for executive clemency
14 for the same person until one full year has elapsed from the
15 date of the denial. The Chairman of the Board may waive the
16 one-year requirement if the petitioner offers in writing new
17 information that was unavailable to the petitioner at the time
18 of the filing of the prior petition and which the Chairman
19 determines to be significant. The Chairman also may waive the
20 one-year waiting period if the petitioner can show that a
21 change in circumstances of a compelling humanitarian nature has
22 arisen since the denial of the prior petition.
23     (b) Notice of the proposed application shall be given by
24 the Board to the committing court and the state's attorney of
25 the county where the conviction was had.

 

 

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1     (c) The Board shall, if requested and upon due notice, give
2 a hearing to each application, allowing representation by
3 counsel, if desired, after which it shall confidentially advise
4 the Governor by a written report of its recommendations which
5 shall be determined by majority vote. The Board shall meet to
6 consider such petitions no less than 4 times each year.
7     Application for executive clemency under this Section may
8 not be commenced on behalf of a person who has been sentenced
9 to death without the written consent of the defendant, unless
10 the defendant, because of a mental or physical condition, is
11 incapable of asserting his or her own claim.
12     (c-5) Any written or electronically transmitted
13 recommendation by the Board to the Governor or his or her agent
14 or employee concerning a petition for a pardon, commutation, or
15 reprieve shall be made available to the public within 24 hours
16 after transmission.
17     (d) The Governor shall decide each application and
18 communicate his decision to the Board which shall notify the
19 petitioner.
20     In the event a petitioner who has been convicted of a Class
21 X felony is granted a release, after the Governor has
22 communicated such decision to the Board, the Board shall give
23 written notice to the Sheriff of the county from which the
24 offender was sentenced if such sheriff has requested that such
25 notice be given on a continuing basis. In cases where arrest of
26 the offender or the commission of the offense took place in any

 

 

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1 municipality with a population of more than 10,000 persons, the
2 Board shall also give written notice to the proper law
3 enforcement agency for said municipality which has requested
4 notice on a continuing basis.
5     (e) Nothing in this Section shall be construed to limit the
6 power of the Governor under the constitution to grant a
7 reprieve, commutation of sentence, or pardon.
8 (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)