HB1237 97TH GENERAL ASSEMBLY

LRB097 06157 RLC 46231 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1237

Introduced 02/08/11, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

See Index

Amends the State Finance Act. Creates the Crime Victims' Rights Compliance Officer Fund as a special fund in the State treasury. Amends the Illinois Police Training Act. Provides that the curriculum established by the Illinois Law Enforcement Training Standards Board shall include training in techniques designed to promote effective communication with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Violent Crime Victim's Assistance Act. Amends the Rights of Crime Victims and Witnesses Act. Creates the Office of the Crime Victims' Rights Compliance Officer. Provides that the Crime Victims' Rights Compliance Officer shall be appointed by the Governor from a list of at least 3 persons, prepared and submitted by the Violent Crimes Advisory Commission, to serve a 3-year term at the pleasure of the Governor. Establishes the duties of the Crime Victims' Rights Compliance Officer. Provides that any person who willfully or maliciously commits a violation of the Rights of Crime Victims and Witnesses Act is liable for a civil penalty not to exceed $1,000. Provides that such action may only be pursued by the Crime Victims' Rights Compliance Officer. Provides that if after the Crime Victims' Rights Compliance Officer receives and investigates a complaint of a violation of the Act and concludes that a willful and malicious violation has occurred, he or she shall generate a report detailing his or her findings of fact, conclusions as to the specific legal violations, and recommended sanctions. Establishes court procedures for pursuing the sanctions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Sections 5.786 and 6z-87 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Crime Victims' Rights Compliance Officer Fund.

(30 ILCS 105/6z-87 new)

Sec. 6z-87. The Crime Victims' Rights Compliance Officer Fund. There is created in the State treasury a special fund to be known as the Crime Victims' Rights Compliance Officer Fund. Moneys deposited into the Fund may, subject to appropriation, be used by the Crime Victims' Rights Compliance Officer. The moneys in the Fund shall be disbursed to the Crime Victims' Rights Compliance Officer to accomplish the purposes set out in Section 11 of the Rights of Crime Victims and Witnesses Act. Such amounts shall be collected by the Clerk of the Circuit Court. Each such penalty collected under Section 11 of the Rights of Crime Victims and Witnesses Act shall be remitted by the Clerk of the Circuit Court within one month after receipt to the State Treasurer for deposit into the Crime Victims' Rights Compliance Officer Fund.

Section 10. The Illinois Police Training Act is amended by changing Section 7 as follows:

(50 ILCS 705/7) (from Ch. 85, par. 507)

Sec. 7. Rules and standards for schools. The Board shall adopt rules and minimum standards for such schools which shall include but not be limited to the following:

a. The curriculum for probationary police officers which shall be offered by all certified schools shall include but not be limited to courses of arrest, search and seizure, civil rights, human relations, cultural diversity, including racial and ethnic sensitivity, criminal law, law of criminal procedure, vehicle and traffic law including uniform and non-discriminatory enforcement of the Illinois Vehicle Code, traffic control and accident investigation, techniques of obtaining physical evidence, court testimonies, statements, reports, firearms training, first-aid (including cardiopulmonary resuscitation), handling of juvenile offenders, recognition of mental conditions which require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment, law of evidence, the hazards of high-speed police vehicle chases with an emphasis on alternatives to the high-speed chase, and physical training. The curriculum shall include specific training in techniques for immediate response to and investigation of cases of domestic violence and of sexual assault of adults and children. The curriculum shall include training in techniques designed to promote effective communication with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Violent Crime Victim's Assistance Act. For the purposes of developing and maintaining a victim's rights curriculum, the Board shall be eligible to receive grants from the Violent Crime Victims Assistance Fund. The curriculum shall also include a block of instruction aimed at identifying and interacting with persons with autism and other developmental disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities. The curriculum for permanent police officers shall include but not be limited to (1) refresher and in-service training in any of the courses listed above in this subparagraph, (2) advanced courses in any of the subjects listed above in this subparagraph, (3) training for supervisory personnel, and (4) specialized training in subjects and fields to be selected by the board.

b. Minimum courses of study, attendance requirements and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a probationary police officer must satisfactorily complete before being eligible for permanent employment as a local law enforcement officer for a participating local governmental agency. Those requirements shall include training in first aid (including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a probationary county corrections officer must satisfactorily complete before being eligible for permanent employment as a county corrections officer for a participating local governmental agency.

f. Minimum basic training requirements which a probationary court security officer must satisfactorily complete before being eligible for permanent employment as a court security officer for a participating local governmental agency. The Board shall establish those training requirements which it considers appropriate for court security officers and shall certify schools to conduct that training.

A person hired to serve as a court security officer must obtain from the Board a certificate (i) attesting to his or her successful completion of the training course; (ii) attesting to his or her satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) attesting to the Board's determination that the training course is unnecessary because of the person's extensive prior law enforcement experience.

Individuals who currently serve as court security officers shall be deemed qualified to continue to serve in that capacity so long as they are certified as provided by this Act within 24 months of the effective date of this amendatory Act of 1996. Failure to be so certified, absent a waiver from the Board, shall cause the officer to forfeit his or her position.

All individuals hired as court security officers on or after the effective date of this amendatory Act of 1996 shall be certified within 12 months of the date of their hire, unless a waiver has been obtained by the Board, or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the Sheriff's Office if there is no Sheriff's Merit Commission, shall maintain a list of all individuals who have filed applications to become court security officers and who meet the eligibility requirements established under this Act. Either the Sheriff's Merit Commission, or the Sheriff's Office if no Sheriff's Merit Commission exists, shall establish a schedule of reasonable intervals for verification of the applicants' qualifications under this Act and as established by the Board.

(Source: P.A. 95-171, eff. 1-1-08.)

Section 15. The Rights of Crime Victims and Witnesses Act is amended by changing Sections 3, 4, 4.5, and 9 and by adding Sections 10 and 11 as follows:

(725 ILCS 120/3) (from Ch. 38, par. 1403)

Sec. 3. The terms used in this Act, unless the context clearly requires otherwise, shall have the following meanings:

(a) "Crime victim" and "victim" mean (1) a person physically injured in this State as a result of a violent crime perpetrated or attempted against that person or (2) a person who suffers injury to or loss of property as a result of a violent crime perpetrated or attempted against that person or (3) a single representative who may be the spouse, parent, child or sibling of a person killed as a result of a violent crime perpetrated against the person killed or the spouse, parent, child or sibling of any person granted rights under this Act who is physically or mentally incapable of exercising such rights, except where the spouse, parent, child or sibling is also the defendant or prisoner or (4) any person against whom a violent crime has been committed or (5) any person who has suffered personal injury as a result of a violation of Section 11-501 of the Illinois Vehicle Code, or of a similar provision of a local ordinance, or of Section 9-3 of the Criminal Code of 1961, as amended or (6) in proceedings under the Juvenile Court Act of 1987, both parents, legal guardians, foster parents, or a single adult representative of a minor or disabled person who is a crime victim.

(b) "Witness" means any person who personally observed the commission of a violent crime and who will testify on behalf of the State of Illinois in the criminal prosecution of the violent crime.

(c) "Violent Crime" means any felony in which force or threat of force was used against the victim, or any offense involving sexual exploitation, sexual conduct or sexual penetration, or a violation of Section 11-20.1 or 11-20.3 of the Criminal Code of 1961, domestic battery, violation of an order of protection, stalking, or any misdemeanor which results in death or great bodily harm to the victim or any violation of Section 9-3 of the Criminal Code of 1961, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death, and includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this paragraph, "personal injury" shall include any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(d) "Sentencing Hearing" means any hearing where a sentence is imposed by the court on a convicted defendant and includes hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code of Corrections except those cases in which both parties have agreed to the imposition of a specific sentence.

(e) "Court proceedings" includes the preliminary hearing, any hearing the effect of which may be the release of the defendant from custody or to alter the conditions of bond, the trial, sentencing hearing, notice of appeal, any modification of sentence, probation revocation hearings or parole hearings.

(f) "Concerned citizen" includes relatives of the victim, friends of the victim, witnesses to the crime, or any other person associated with the victim or prisoner.

(g) "First responder" means any police officer of a local governmental agency who is primarily responsible for prevention or detection of crime and the enforcement of the criminal laws of this State.

(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; 96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)

(725 ILCS 120/4) (from Ch. 38, par. 1404)

Sec. 4. Rights of crime victims.

(a) Crime victims shall have the following rights:

(1) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.

(2) The right to notification of court proceedings.

(3) The right to communicate with the prosecution.

(4) The right to make a statement to the court at sentencing.

(5) The right to information about the conviction, sentence, imprisonment and release of the accused.

(6) The right to the timely disposition of the case following the arrest of the accused.

(7) The right to be reasonably protected from the accused through the criminal justice process.

(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

(9) the right to have present at all court proceedings, including proceedings under the Juvenile Court Act of 1987, subject to the admonition of the rules of confidentiality and subject to the rules of evidence, a victim-witness specialist, an advocate or other support person of the victim's choice.

(10) The right to restitution.

(b) A statement and explanation of the rights of crime victims set forth in this Act paragraph (a) of this Section shall be given to a crime victim at the initial contact with the criminal justice system by a first responder the appropriate authorities and the rights set forth in subsection (a) of this Section shall be conspicuously posted in all court facilities.

(Source: P.A. 95-591, eff. 6-1-08.)

(725 ILCS 120/4.5)

Sec. 4.5. Procedures to implement the rights of crime victims. To afford crime victims their rights, law enforcement, prosecutors, judges and corrections will provide information, as appropriate of the following procedures:

(a) Law At the request of the crime victim, law enforcement authorities investigating the case shall provide timely notice of the status of the investigation, except where the State's Attorney determines that disclosure of such information would unreasonably interfere with the investigation, until such time as the alleged assailant is apprehended or the investigation is closed.

(b) The office of the State's Attorney:

(1) shall provide notice of the filing of information, the return of an indictment by which a prosecution for any violent crime is commenced, or the filing of a petition to adjudicate a minor as a delinquent for a violent crime;

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

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

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

(5) or victim advocate personnel shall provide appropriate employer intercession services to ensure that employers of victims will cooperate with the criminal justice system in order to minimize an employee's loss of pay and other benefits resulting from court appearances;

(6) shall provide information whenever possible, of a secure waiting area during court proceedings that does not require victims to be in close proximity to defendant or juveniles accused of a violent crime, and their families and friends;

(7) shall provide notice to the crime victim of the right to have a translator present at all court proceedings and, in compliance with the federal Americans with Disabilities Act of 1990, the right to communications access through a sign language interpreter or by other means;

(8) in the case of the death of a person, which death occurred in the same transaction or occurrence in which acts occurred for which a defendant is charged with an offense, shall notify the spouse, parent, child or sibling of the decedent of the date of the trial of the person or persons allegedly responsible for the death;

(9) shall inform the victim of the right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice, and the right to retain an attorney, at the victim's own expense, who, upon written notice filed with the clerk of the court and State's Attorney, is to receive copies of all notices, motions and court orders filed thereafter in the case, in the same manner as if the victim were a named party in the case;

(10) at the sentencing hearing shall make a good faith attempt to explain the minimum amount of time during which the defendant may actually be physically imprisoned. The Office of the State's Attorney shall further notify the crime victim of the right to request from the Prisoner Review Board information concerning the release of the defendant under subparagraph (d)(1) of this Section;

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

(12) shall, upon the court entering a verdict of not guilty by reason of insanity, inform the victim of the notification services available from the Department of Human Services, including the statewide telephone number, under subparagraph (d)(2) of this Section.

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

(1) provide notice a reasonable time in advance of the following court proceedings: preliminary hearing, any hearing the effect of which may be the release of defendant from custody, or to alter the conditions of bond and the sentencing hearing. The crime victim shall also be notified of the cancellation of the court proceeding in sufficient time, wherever possible, to prevent an unnecessary appearance in court;

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

(3) explain in nontechnical language the details of any plea or verdict of a defendant, or any adjudication of a juvenile as a delinquent for a violent crime;

(4) where practical, consult with the crime victim before the Office of the State's Attorney makes an offer of a plea bargain to the defendant or enters into negotiations with the defendant concerning a possible plea agreement, and shall consider the written victim impact statement, if prepared prior to entering into a plea agreement;

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

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

(7) provide notice of any request for post-conviction review filed by the defendant under Article 122 of the Code of Criminal Procedure of 1963, and of the date, time and place of any hearing concerning the petition. Whenever possible, notice of the hearing shall be given in advance;

(8) forward a copy of any statement presented under Section 6 to the Prisoner Review Board to be considered by the Board in making its determination under subsection (b) of Section 3-3-8 of the Unified Code of Corrections.

(d) (1) The Prisoner Review Board shall inform a victim or any other concerned citizen, upon written request, of the prisoner's release on parole, mandatory supervised release, electronic detention, work release, international transfer or exchange, or by the custodian of the discharge of any individual who was adjudicated a delinquent for a violent crime from State custody and by the sheriff of the appropriate county of any such person's final discharge from county custody. The Prisoner Review Board, upon written request, shall provide to a victim or any other concerned citizen a recent photograph of any person convicted of a felony, upon his or her release from custody. The Prisoner Review Board, upon written request, shall inform a victim or any other concerned citizen when feasible at least 7 days prior to the prisoner's release on furlough of the times and dates of such furlough. Upon written request by the victim or any other concerned citizen, the State's Attorney shall notify the person once of the times and dates of release of a prisoner sentenced to periodic imprisonment. Notification shall be based on the most recent information as to victim's or other concerned citizen's residence or other location available to the notifying authority.

(2) When the defendant has been committed to the Department of Human Services pursuant to Section 5-2-4 or any other provision of the Unified Code of Corrections, the victim may request to be notified by the releasing authority of the defendant's furloughs, temporary release, or final discharge from State custody. The Department of Human Services shall establish and maintain a statewide telephone number to be used by victims to make notification requests under these provisions and shall publicize this telephone number on its website and to the State's Attorney of each county.

(3) In the event of an escape from State custody, the Department of Corrections or the Department of Juvenile Justice immediately shall notify the Prisoner Review Board of the escape and the Prisoner Review Board shall notify the victim. The notification shall be based upon the most recent information as to the victim's residence or other location available to the Board. When no such information is available, the Board shall make all reasonable efforts to obtain the information and make the notification. When the escapee is apprehended, the Department of Corrections or the Department of Juvenile Justice immediately shall notify the Prisoner Review Board and the Board shall notify the victim.

(4) The victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 days prior to the parole interview and may submit, in writing, on film, videotape or other electronic means or in the form of a recording or in person at the parole interview or if a victim of a violent crime, by calling the toll-free number established in subsection (f) of this Section, information for consideration by the Prisoner Review Board. The victim shall be notified within 7 days after the prisoner has been granted parole and shall be informed of the right to inspect the registry of parole decisions, established under subsection (g) of Section 3-3-5 of the Unified Code of Corrections. The provisions of this paragraph (4) are subject to the Open Parole Hearings Act.

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

(6) At the written request of the victim of the crime for which the prisoner was sentenced or the State's Attorney of the county where the person seeking parole was prosecuted, the Prisoner Review Board shall notify the victim and the State's Attorney of the county where the person seeking parole was prosecuted of the death of the prisoner if the prisoner died while on parole or mandatory supervised release.

(7) When a defendant who has been committed to the Department of Corrections, the Department of Juvenile Justice, or the Department of Human Services is released or discharged and subsequently committed to the Department of Human Services as a sexually violent person and the victim had requested to be notified by the releasing authority of the defendant's discharge from State custody, the releasing authority shall provide to the Department of Human Services such information that would allow the Department of Human Services to contact the victim.

(8) When a defendant has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act and has been sentenced to the Department of Corrections or the Department of Juvenile Justice, the Prisoner Review Board shall notify the victim of the sex offense of the prisoner's eligibility for release on parole, mandatory supervised release, electronic detention, work release, international transfer or exchange, or by the custodian of the discharge of any individual who was adjudicated a delinquent for a sex offense from State custody and by the sheriff of the appropriate county of any such person's final discharge from county custody. The notification shall be made to the victim at least 30 days, whenever possible, before release of the sex offender.

(e) The officials named in this Section may satisfy some or all of their obligations to provide notices and other information through participation in a statewide victim and witness notification system established by the Attorney General under Section 8.5 of this Act.

(f) To permit a victim of a violent crime to provide information to the Prisoner Review Board for consideration by the Board at a parole hearing of a person who committed the crime against the victim in accordance with clause (d)(4) of this Section or at a proceeding to determine the conditions of mandatory supervised release of a person sentenced to a determinate sentence or at a hearing on revocation of mandatory supervised release of a person sentenced to a determinate sentence, the Board shall establish a toll-free number that may be accessed by the victim of a violent crime to present that information to the Board.

(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; 96-875, eff. 1-22-10.)

(725 ILCS 120/9) (from Ch. 38, par. 1408)

Sec. 9. This Act does not limit any rights or responsibilities otherwise enjoyed by or imposed upon victims or witnesses of violent crime, nor does it grant any person a cause of action for damages or attorneys fees. Except as provided in Section 11, any Any act of omission or commission by any law enforcement officer, circuit court clerk, or State's Attorney, by the Attorney General, Prisoner Review Board, Department of Corrections, the Department of Juvenile Justice, Department of Human Services, or other State agency, or private entity under contract pursuant to Section 8, or by any employee of any State agency or private entity under contract pursuant to Section 8 acting in good faith in rendering crime victim's assistance or otherwise enforcing this Act shall not impose civil liability upon the individual or entity or his or her supervisor or employer. Nothing in this Act shall create a basis for vacating a conviction or a ground for appellate relief in any criminal case. Failure of the crime victim to receive notice as required, however, shall not deprive the court of the power to act regarding the proceeding before it; nor shall any such failure grant the defendant the right to seek a continuance.

(Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06.)

(725 ILCS 120/10 new)

Sec. 10. Crime Victims' Rights Compliance Officer.

(a) There shall be established an Office of the Crime Victims' Rights Compliance Officer. The Crime Victims' Rights Compliance Officer shall be appointed by the Governor from a list of at least 3 persons, prepared and submitted by the Violent Crimes Advisory Commission, to serve a 3-year term at the pleasure of the Governor. The compensation and funding for the Crime Victims' Rights Compliance Officer shall be made from the Crime Victims' Rights Compliance Officer Fund as well as other public and private sources of funding as set out in subsection (f). The Crime Victims' Rights Compliance Officer may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties of the Crime Victims' Rights Compliance Officer if performed under the Officer's direction.

(b) The Crime Victims' Rights Compliance Officer shall, subject to appropriation:

(1) act as a liaison, when the Officer deems necessary, between agencies, either in the criminal justice system or in victim assistance programs, and victims and witnesses;

(2) coordinate and cooperate with other private and public agencies concerned with the implementation, monitoring, and enforcement of the constitutional rights of victims and enter into cooperative agreements with public or private agencies for the furtherance of the constitutional rights of victims;

(3) evaluate the delivery of services to victims by State agencies and those entities that provide services to victims;

(4) review the procedures established by any State agency or other entity providing services to victims with respect to the constitutional rights of victims;

(5) receive and review complaints of persons concerning the actions of any State or other entity providing services to victims. The Officer may prescribe the methods by which complaints are to be made, received, and acted upon; may determine the scope and manner of investigations to be made; and may determine the form, frequency, and distribution of the Officer's conclusions, recommendations, and proposals. After completing investigation of a complaint, the Officer shall inform in writing the complainant, the investigated person or entity, and other appropriate authorities of the action taken. If the complaint involved the conduct of an element of the criminal justice system in relation to a criminal or civil proceeding, the Officer's findings shall be forwarded to the court in which the proceeding occurred;

(6) investigate, with or without complaint, situations where it appears that a victim or family of a victim may be in need of assistance from the Crime Victims' Rights Compliance Officer;

(7) file a limited special appearance in any court proceeding for the purpose of advocating for any right guaranteed to a crime victim by the Illinois Constitution or any right provided to a crime victim by any provision of Illinois law;

(8) recommend changes in State policies concerning victims, including changes in the system of providing victim services.

(c) All State, local, and private agencies shall have a duty to cooperate with any investigation conducted by the Crime Victims' Rights Compliance Officer. Consistent with the provisions of Illinois law concerning the confidentiality of records and information, the Crime Victims' Rights Compliance Officer shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities as set forth in subsection (b). Nothing contained in this subsection (c) shall be construed to waive a victim's right to confidentiality of communications or records as protected by any provision of Illinois or common law.

(d) In the performance of his or her duties under subsection (b), the Crime Victims' Rights Compliance Officer may communicate privately with any victim or person who has received, is receiving, or should have received services from the State. Such communications shall be confidential and not be subject to disclosure except as provided by this Section. Neither the Officer nor any member of the Officer's staff may be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to matters involving the exercise of official duties under subsection (b) except as may be necessary to enforce the provisions of this Section.

(e) The name, address, and other personally identifiable information of a person who makes a complaint to the Crime Victims' Rights Compliance Officer provided in subsection (b), all information obtained or generated by the office in the course of an investigation, the identity and location of any person receiving or considered for the receipt of protective services and all information obtained or generated by the office in the course of monitoring the provision of protective services, and all confidential records obtained by the Crime Victims' Rights Compliance Officer or his or her designee shall be confidential and shall not be subject to disclosure under the Freedom of Information Act or otherwise, except that such information and records, other than confidential information concerning a pending law enforcement investigation or a pending prosecution, may be disclosed if the Crime Victims' Rights Compliance Officer determines that disclosure is:

(1) in the general public interest, or

(2) necessary to enable the Crime Victims' Rights Compliance Officer to perform his or her responsibilities under subsection (b), provided in no event shall the name, address, or other personally identifiable information of a person be disclosed without the consent of such person.

(f) The Crime Victims' Rights Compliance Officer may apply for and accept grants, gifts, and bequests of funds from other states, federal, and interstate agencies and independent authorities and private firms, individuals, and foundations, for the purpose of carrying out his or her responsibilities.

(g) The Crime Victims' Rights Compliance Officer shall annually submit to the Governor and the General Assembly a detailed report analyzing the work of the Office of the Crime Victims' Rights Compliance Officer.

(725 ILCS 120/11 new)

Sec. 11. Penalties. Any person who willfully or maliciously commits a violation of this Act is liable for a civil penalty not to exceed $1,000. Such action may only be pursued by the Crime Victims' Rights Compliance Officer within the limits of this Section. If after the Crime Victims' Rights Compliance Officer receives and investigates a complaint of a violation of this Act and concludes that a willful and malicious violation has occurred, he or she shall generate a report detailing his or her findings of fact, conclusions as to the specific legal violations, and recommended sanctions. The Crime Victims' Rights Compliance Officer shall then file a complaint alleging that a violation has occurred, along with the report required by this Section, in the circuit court in which the alleged violation occurred. Upon the filing of the complaint and report, the circuit court shall set the matter for hearing to take place in no less than 30 days. If the court finds that based upon a preponderance of the evidence that such violation occurred, it shall assess any fines it deems appropriate within the limits of this Section and may order any other equitable relief necessary to remedy the violation.