Illinois General Assembly - Full Text of SB3946
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Full Text of SB3946  103rd General Assembly

SB3946 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3946

 

Introduced 5/7/2024, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/4.5
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1
750 ILCS 60/201  from Ch. 40, par. 2312-1
750 ILCS 60/220  from Ch. 40, par. 2312-20

    Provides that the Act may be referred to as Jayden's Law. Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall request and consider victim impact statements from the crime victim or any other previous victim of domestic violence who has similar crimes committed against them by the same person. A person who has had a final, plenary, or non-emergency order of protection granted may also present victim statements that the Prisoner Review Board must consider when weighing whether or not to release a person on parole or mandatory supervised release. Amends the Unified Code of Corrections. Provides that upon release of a person on parole, mandatory supervised release, final discharge, or pardon, the Department of Corrections shall notify the person of all in-effect orders of protection issued against the person and a description of the penalties for violating any order of protection. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by: (1) a crime victim who was abused by an offender prior to the incarceration of the offender in a penal institution and which offender is incarcerated in a penal institution at the time of the filing of the petition or (2) by any person who has previously suffered abuse by a person convicted of domestic battery, aggravated domestic battery, aggravated battery, or other offense that would constitute domestic violence or for a violent crime, as defined in the Rights of Crime Victims and Witnesses Act, committed against another person. Provides that a petition for an order of protection issued under the Act may not be denied solely upon the basis that the respondent is incarcerated in a penal institution at the time of the filing of the petition. Provides that any existing order of protection against a person shall be eligible for renewal while the offender is incarcerated in a penal institution and commences upon the offender's release from incarceration and shall be extended for a period up to 2 years.


LRB103 40536 RLC 73046 b

 

 

A BILL FOR

 

SB3946LRB103 40536 RLC 73046 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 1. This Act may be referred to as Jayden's Law.
 
5    Section 5. The Rights of Crime Victims and Witnesses Act
6is 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
9victims. To afford crime victims their rights, law
10enforcement, prosecutors, judges, and corrections will provide
11information, as appropriate, of the following procedures:
12    (a) At the request of the crime victim, law enforcement
13authorities investigating the case shall provide notice of the
14status of the investigation, except where the State's Attorney
15determines that disclosure of such information would
16unreasonably interfere with the investigation, until such time
17as the alleged assailant is apprehended or the investigation
18is closed.
19    (a-5) When law enforcement authorities reopen a closed
20case to resume investigating, they shall provide notice of the
21reopening of the case, except where the State's Attorney
22determines that disclosure of such information would

 

 

SB3946- 2 -LRB103 40536 RLC 73046 b

1unreasonably interfere with the investigation.
2    (a-6) The Prisoner Review Board shall request and consider
3victim impact statements from the crime victim or any other
4previous victim of domestic violence who has similar crimes
5committed against them by the same person. A person who has had
6a final, plenary, or non-emergency order of protection granted
7under Article 112A of the Code of Criminal Procedure of 1963 or
8under the Illinois Domestic Violence Act of 1986 may also
9present victim statements that the Prisoner Review Board must
10consider when weighing whether or not to release a person on
11parole or mandatory supervised release.
12    (b) The office of the State's Attorney:
13        (1) shall provide notice of the filing of an
14    information, the return of an indictment, or the filing of
15    a petition to adjudicate a minor as a delinquent for a
16    violent crime;
17        (2) shall provide timely notice of the date, time, and
18    place of court proceedings; of any change in the date,
19    time, and place of court proceedings; and of any
20    cancellation of court proceedings. Notice shall be
21    provided in sufficient time, wherever possible, for the
22    victim to make arrangements to attend or to prevent an
23    unnecessary appearance at court proceedings;
24        (3) or victim advocate personnel shall provide
25    information of social services and financial assistance
26    available for victims of crime, including information of

 

 

SB3946- 3 -LRB103 40536 RLC 73046 b

1    how to apply for these services and assistance;
2        (3.5) or victim advocate personnel shall provide
3    information about available victim services, including
4    referrals to programs, counselors, and agencies that
5    assist a victim to deal with trauma, loss, and grief;
6        (4) shall assist in having any stolen or other
7    personal property held by law enforcement authorities for
8    evidentiary or other purposes returned as expeditiously as
9    possible, pursuant to the procedures set out in Section
10    115-9 of the Code of Criminal Procedure of 1963;
11        (5) or victim advocate personnel shall provide
12    appropriate employer intercession services to ensure that
13    employers of victims will cooperate with the criminal
14    justice system in order to minimize an employee's loss of
15    pay and other benefits resulting from court appearances;
16        (6) shall provide, whenever possible, a secure waiting
17    area during court proceedings that does not require
18    victims to be in close proximity to defendants or
19    juveniles accused of a violent crime, and their families
20    and friends;
21        (7) shall provide notice to the crime victim of the
22    right to have a translator present at all court
23    proceedings and, in compliance with the federal Americans
24    with Disabilities Act of 1990, the right to communications
25    access through a sign language interpreter or by other
26    means;

 

 

SB3946- 4 -LRB103 40536 RLC 73046 b

1        (8) (blank);
2        (8.5) shall inform the victim of the right to be
3    present at all court proceedings, unless the victim is to
4    testify and the court determines that the victim's
5    testimony would be materially affected if the victim hears
6    other testimony at trial;
7        (9) shall inform the victim of the right to have
8    present at all court proceedings, subject to the rules of
9    evidence and confidentiality, an advocate and other
10    support person of the victim's choice;
11        (9.3) shall inform the victim of the right to retain
12    an attorney, at the victim's own expense, who, upon
13    written notice filed with the clerk of the court and
14    State's Attorney, is to receive copies of all notices,
15    motions, and court orders filed thereafter in the case, in
16    the same manner as if the victim were a named party in the
17    case;
18        (9.5) shall inform the victim of (A) the victim's
19    right under Section 6 of this Act to make a statement at
20    the sentencing hearing; (B) the right of the victim's
21    spouse, guardian, parent, grandparent, and other immediate
22    family and household members under Section 6 of this Act
23    to present a statement at sentencing; and (C) if a
24    presentence report is to be prepared, the right of the
25    victim's spouse, guardian, parent, grandparent, and other
26    immediate family and household members to submit

 

 

SB3946- 5 -LRB103 40536 RLC 73046 b

1    information to the preparer of the presentence report
2    about the effect the offense has had on the victim and the
3    person;
4        (10) at the sentencing shall make a good faith attempt
5    to explain the minimum amount of time during which the
6    defendant may actually be physically imprisoned. The
7    Office of the State's Attorney shall further notify the
8    crime victim of the right to request from the Prisoner
9    Review Board or Department of Juvenile Justice information
10    concerning the release of the defendant;
11        (11) shall request restitution at sentencing and as
12    part of a plea agreement if the victim requests
13    restitution;
14        (12) shall, upon the court entering a verdict of not
15    guilty by reason of insanity, inform the victim of the
16    notification services available from the Department of
17    Human Services, including the statewide telephone number,
18    under subparagraph (d)(2) of this Section;
19        (13) shall provide notice within a reasonable time
20    after receipt of notice from the custodian, of the release
21    of the defendant on pretrial release or personal
22    recognizance or the release from detention of a minor who
23    has been detained;
24        (14) shall explain in nontechnical language the
25    details of any plea or verdict of a defendant, or any
26    adjudication of a juvenile as a delinquent;

 

 

SB3946- 6 -LRB103 40536 RLC 73046 b

1        (15) shall make all reasonable efforts to consult with
2    the crime victim before the Office of the State's Attorney
3    makes an offer of a plea bargain to the defendant or enters
4    into negotiations with the defendant concerning a possible
5    plea agreement, and shall consider the written statement,
6    if prepared prior to entering into a plea agreement. The
7    right to consult with the prosecutor does not include the
8    right to veto a plea agreement or to insist the case go to
9    trial. If the State's Attorney has not consulted with the
10    victim prior to making an offer or entering into plea
11    negotiations with the defendant, the Office of the State's
12    Attorney shall notify the victim of the offer or the
13    negotiations within 2 business days and confer with the
14    victim;
15        (16) shall provide notice of the ultimate disposition
16    of the cases arising from an indictment or an information,
17    or a petition to have a juvenile adjudicated as a
18    delinquent for a violent crime;
19        (17) shall provide notice of any appeal taken by the
20    defendant and information on how to contact the
21    appropriate agency handling the appeal, and how to request
22    notice of any hearing, oral argument, or decision of an
23    appellate court;
24        (18) shall provide timely notice of any request for
25    post-conviction review filed by the defendant under
26    Article 122 of the Code of Criminal Procedure of 1963, and

 

 

SB3946- 7 -LRB103 40536 RLC 73046 b

1    of the date, time and place of any hearing concerning the
2    petition. Whenever possible, notice of the hearing shall
3    be given within 48 hours of the court's scheduling of the
4    hearing;
5        (19) shall forward a copy of any statement presented
6    under Section 6 to the Prisoner Review Board or Department
7    of Juvenile Justice to be considered in making a
8    determination under Section 3-2.5-85 or subsection (b) of
9    Section 3-3-8 of the Unified Code of Corrections;
10        (20) shall, within a reasonable time, offer to meet
11    with the crime victim regarding the decision of the
12    State's Attorney not to charge an offense, and shall meet
13    with the victim, if the victim agrees. The victim has a
14    right to have an attorney, advocate, and other support
15    person of the victim's choice attend this meeting with the
16    victim; and
17        (21) shall give the crime victim timely notice of any
18    decision not to pursue charges and consider the safety of
19    the victim when deciding how to give such notice.
20    (c) The court shall ensure that the rights of the victim
21are afforded.
22    (c-5) The following procedures shall be followed to afford
23victims the rights guaranteed by Article I, Section 8.1 of the
24Illinois Constitution:
25        (1) Written notice. A victim may complete a written
26    notice of intent to assert rights on a form prepared by the

 

 

SB3946- 8 -LRB103 40536 RLC 73046 b

1    Office of the Attorney General and provided to the victim
2    by the State's Attorney. The victim may at any time
3    provide a revised written notice to the State's Attorney.
4    The State's Attorney shall file the written notice with
5    the court. At the beginning of any court proceeding in
6    which the right of a victim may be at issue, the court and
7    prosecutor shall review the written notice to determine
8    whether the victim has asserted the right that may be at
9    issue.
10        (2) Victim's retained attorney. A victim's attorney
11    shall file an entry of appearance limited to assertion of
12    the victim's rights. Upon the filing of the entry of
13    appearance and service on the State's Attorney and the
14    defendant, the attorney is to receive copies of all
15    notices, motions and court orders filed thereafter in the
16    case.
17        (3) Standing. The victim has standing to assert the
18    rights enumerated in subsection (a) of Article I, Section
19    8.1 of the Illinois Constitution and the statutory rights
20    under Section 4 of this Act in any court exercising
21    jurisdiction over the criminal case. The prosecuting
22    attorney, a victim, or the victim's retained attorney may
23    assert the victim's rights. The defendant in the criminal
24    case has no standing to assert a right of the victim in any
25    court proceeding, including on appeal.
26        (4) Assertion of and enforcement of rights.

 

 

SB3946- 9 -LRB103 40536 RLC 73046 b

1            (A) The prosecuting attorney shall assert a
2        victim's right or request enforcement of a right by
3        filing a motion or by orally asserting the right or
4        requesting enforcement in open court in the criminal
5        case outside the presence of the jury. The prosecuting
6        attorney shall consult with the victim and the
7        victim's attorney regarding the assertion or
8        enforcement of a right. If the prosecuting attorney
9        decides not to assert or enforce a victim's right, the
10        prosecuting attorney shall notify the victim or the
11        victim's attorney in sufficient time to allow the
12        victim or the victim's attorney to assert the right or
13        to seek enforcement of a right.
14            (B) If the prosecuting attorney elects not to
15        assert a victim's right or to seek enforcement of a
16        right, the victim or the victim's attorney may assert
17        the victim's right or request enforcement of a right
18        by filing a motion or by orally asserting the right or
19        requesting enforcement in open court in the criminal
20        case outside the presence of the jury.
21            (C) If the prosecuting attorney asserts a victim's
22        right or seeks enforcement of a right, unless the
23        prosecuting attorney objects or the trial court does
24        not allow it, the victim or the victim's attorney may
25        be heard regarding the prosecuting attorney's motion
26        or may file a simultaneous motion to assert or request

 

 

SB3946- 10 -LRB103 40536 RLC 73046 b

1        enforcement of the victim's right. If the victim or
2        the victim's attorney was not allowed to be heard at
3        the hearing regarding the prosecuting attorney's
4        motion, and the court denies the prosecuting
5        attorney's assertion of the right or denies the
6        request for enforcement of a right, the victim or
7        victim's attorney may file a motion to assert the
8        victim's right or to request enforcement of the right
9        within 10 days of the court's ruling. The motion need
10        not demonstrate the grounds for a motion for
11        reconsideration. The court shall rule on the merits of
12        the motion.
13            (D) The court shall take up and decide any motion
14        or request asserting or seeking enforcement of a
15        victim's right without delay, unless a specific time
16        period is specified by law or court rule. The reasons
17        for any decision denying the motion or request shall
18        be clearly stated on the record.
19            (E) No later than January 1, 2023, the Office of
20        the Attorney General shall:
21                (i) designate an administrative authority
22            within the Office of the Attorney General to
23            receive and investigate complaints relating to the
24            provision or violation of the rights of a crime
25            victim as described in Article I, Section 8.1 of
26            the Illinois Constitution and in this Act;

 

 

SB3946- 11 -LRB103 40536 RLC 73046 b

1                (ii) create and administer a course of
2            training for employees and offices of the State of
3            Illinois that fail to comply with provisions of
4            Illinois law pertaining to the treatment of crime
5            victims as described in Article I, Section 8.1 of
6            the Illinois Constitution and in this Act as
7            required by the court under Section 5 of this Act;
8            and
9                (iii) have the authority to make
10            recommendations to employees and offices of the
11            State of Illinois to respond more effectively to
12            the needs of crime victims, including regarding
13            the violation of the rights of a crime victim.
14            (F) Crime victims' rights may also be asserted by
15        filing a complaint for mandamus, injunctive, or
16        declaratory relief in the jurisdiction in which the
17        victim's right is being violated or where the crime is
18        being prosecuted. For complaints or motions filed by
19        or on behalf of the victim, the clerk of court shall
20        waive filing fees that would otherwise be owed by the
21        victim for any court filing with the purpose of
22        enforcing crime victims' rights. If the court denies
23        the relief sought by the victim, the reasons for the
24        denial shall be clearly stated on the record in the
25        transcript of the proceedings, in a written opinion,
26        or in the docket entry, and the victim may appeal the

 

 

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1        circuit court's decision to the appellate court. The
2        court shall issue prompt rulings regarding victims'
3        rights. Proceedings seeking to enforce victims' rights
4        shall not be stayed or subject to unreasonable delay
5        via continuances.
6        (5) Violation of rights and remedies.
7            (A) If the court determines that a victim's right
8        has been violated, the court shall determine the
9        appropriate remedy for the violation of the victim's
10        right by hearing from the victim and the parties,
11        considering all factors relevant to the issue, and
12        then awarding appropriate relief to the victim.
13            (A-5) Consideration of an issue of a substantive
14        nature or an issue that implicates the constitutional
15        or statutory right of a victim at a court proceeding
16        labeled as a status hearing shall constitute a per se
17        violation of a victim's right.
18            (B) The appropriate remedy shall include only
19        actions necessary to provide the victim the right to
20        which the victim was entitled. Remedies may include,
21        but are not limited to: injunctive relief requiring
22        the victim's right to be afforded; declaratory
23        judgment recognizing or clarifying the victim's
24        rights; a writ of mandamus; and may include reopening
25        previously held proceedings; however, in no event
26        shall the court vacate a conviction. Any remedy shall

 

 

SB3946- 13 -LRB103 40536 RLC 73046 b

1        be tailored to provide the victim an appropriate
2        remedy without violating any constitutional right of
3        the defendant. In no event shall the appropriate
4        remedy to the victim be a new trial or damages.
5        The court shall impose a mandatory training course
6    provided by the Attorney General for the employee under
7    item (ii) of subparagraph (E) of paragraph (4), which must
8    be successfully completed within 6 months of the entry of
9    the court order.
10        This paragraph (5) takes effect January 2, 2023.
11        (6) Right to be heard. Whenever a victim has the right
12    to be heard, the court shall allow the victim to exercise
13    the right in any reasonable manner the victim chooses.
14        (7) Right to attend trial. A party must file a written
15    motion to exclude a victim from trial at least 60 days
16    prior to the date set for trial. The motion must state with
17    specificity the reason exclusion is necessary to protect a
18    constitutional right of the party, and must contain an
19    offer of proof. The court shall rule on the motion within
20    30 days. If the motion is granted, the court shall set
21    forth on the record the facts that support its finding
22    that the victim's testimony will be materially affected if
23    the victim hears other testimony at trial.
24        (8) Right to have advocate and support person present
25    at court proceedings.
26            (A) A party who intends to call an advocate as a

 

 

SB3946- 14 -LRB103 40536 RLC 73046 b

1        witness at trial must seek permission of the court
2        before the subpoena is issued. The party must file a
3        written motion at least 90 days before trial that sets
4        forth specifically the issues on which the advocate's
5        testimony is sought and an offer of proof regarding
6        (i) the content of the anticipated testimony of the
7        advocate; and (ii) the relevance, admissibility, and
8        materiality of the anticipated testimony. The court
9        shall consider the motion and make findings within 30
10        days of the filing of the motion. If the court finds by
11        a preponderance of the evidence that: (i) the
12        anticipated testimony is not protected by an absolute
13        privilege; and (ii) the anticipated testimony contains
14        relevant, admissible, and material evidence that is
15        not available through other witnesses or evidence, the
16        court shall issue a subpoena requiring the advocate to
17        appear to testify at an in camera hearing. The
18        prosecuting attorney and the victim shall have 15 days
19        to seek appellate review before the advocate is
20        required to testify at an ex parte in camera
21        proceeding.
22            The prosecuting attorney, the victim, and the
23        advocate's attorney shall be allowed to be present at
24        the ex parte in camera proceeding. If, after
25        conducting the ex parte in camera hearing, the court
26        determines that due process requires any testimony

 

 

SB3946- 15 -LRB103 40536 RLC 73046 b

1        regarding confidential or privileged information or
2        communications, the court shall provide to the
3        prosecuting attorney, the victim, and the advocate's
4        attorney a written memorandum on the substance of the
5        advocate's testimony. The prosecuting attorney, the
6        victim, and the advocate's attorney shall have 15 days
7        to seek appellate review before a subpoena may be
8        issued for the advocate to testify at trial. The
9        presence of the prosecuting attorney at the ex parte
10        in camera proceeding does not make the substance of
11        the advocate's testimony that the court has ruled
12        inadmissible subject to discovery.
13            (B) If a victim has asserted the right to have a
14        support person present at the court proceedings, the
15        victim shall provide the name of the person the victim
16        has chosen to be the victim's support person to the
17        prosecuting attorney, within 60 days of trial. The
18        prosecuting attorney shall provide the name to the
19        defendant. If the defendant intends to call the
20        support person as a witness at trial, the defendant
21        must seek permission of the court before a subpoena is
22        issued. The defendant must file a written motion at
23        least 45 days prior to trial that sets forth
24        specifically the issues on which the support person
25        will testify and an offer of proof regarding: (i) the
26        content of the anticipated testimony of the support

 

 

SB3946- 16 -LRB103 40536 RLC 73046 b

1        person; and (ii) the relevance, admissibility, and
2        materiality of the anticipated testimony.
3            If the prosecuting attorney intends to call the
4        support person as a witness during the State's
5        case-in-chief, the prosecuting attorney shall inform
6        the court of this intent in the response to the
7        defendant's written motion. The victim may choose a
8        different person to be the victim's support person.
9        The court may allow the defendant to inquire about
10        matters outside the scope of the direct examination
11        during cross-examination. If the court allows the
12        defendant to do so, the support person shall be
13        allowed to remain in the courtroom after the support
14        person has testified. A defendant who fails to
15        question the support person about matters outside the
16        scope of direct examination during the State's
17        case-in-chief waives the right to challenge the
18        presence of the support person on appeal. The court
19        shall allow the support person to testify if called as
20        a witness in the defendant's case-in-chief or the
21        State's rebuttal.
22            If the court does not allow the defendant to
23        inquire about matters outside the scope of the direct
24        examination, the support person shall be allowed to
25        remain in the courtroom after the support person has
26        been called by the defendant or the defendant has

 

 

SB3946- 17 -LRB103 40536 RLC 73046 b

1        rested. The court shall allow the support person to
2        testify in the State's rebuttal.
3            If the prosecuting attorney does not intend to
4        call the support person in the State's case-in-chief,
5        the court shall verify with the support person whether
6        the support person, if called as a witness, would
7        testify as set forth in the offer of proof. If the
8        court finds that the support person would testify as
9        set forth in the offer of proof, the court shall rule
10        on the relevance, materiality, and admissibility of
11        the anticipated testimony. If the court rules the
12        anticipated testimony is admissible, the court shall
13        issue the subpoena. The support person may remain in
14        the courtroom after the support person testifies and
15        shall be allowed to testify in rebuttal.
16            If the court excludes the victim's support person
17        during the State's case-in-chief, the victim shall be
18        allowed to choose another support person to be present
19        in court.
20            If the victim fails to designate a support person
21        within 60 days of trial and the defendant has
22        subpoenaed the support person to testify at trial, the
23        court may exclude the support person from the trial
24        until the support person testifies. If the court
25        excludes the support person the victim may choose
26        another person as a support person.

 

 

SB3946- 18 -LRB103 40536 RLC 73046 b

1        (9) Right to notice and hearing before disclosure of
2    confidential or privileged information or records.
3            (A) A defendant who seeks to subpoena testimony or
4        records of or concerning the victim that are
5        confidential or privileged by law must seek permission
6        of the court before the subpoena is issued. The
7        defendant must file a written motion and an offer of
8        proof regarding the relevance, admissibility and
9        materiality of the testimony or records. If the court
10        finds by a preponderance of the evidence that:
11                (i) the testimony or records are not protected
12            by an absolute privilege and
13                (ii) the testimony or records contain
14            relevant, admissible, and material evidence that
15            is not available through other witnesses or
16            evidence, the court shall issue a subpoena
17            requiring the witness to appear in camera or a
18            sealed copy of the records be delivered to the
19            court to be reviewed in camera. If, after
20            conducting an in camera review of the witness
21            statement or records, the court determines that
22            due process requires disclosure of any potential
23            testimony or any portion of the records, the court
24            shall provide copies of the records that it
25            intends to disclose to the prosecuting attorney
26            and the victim. The prosecuting attorney and the

 

 

SB3946- 19 -LRB103 40536 RLC 73046 b

1            victim shall have 30 days to seek appellate review
2            before the records are disclosed to the defendant,
3            used in any court proceeding, or disclosed to
4            anyone or in any way that would subject the
5            testimony or records to public review. The
6            disclosure of copies of any portion of the
7            testimony or records to the prosecuting attorney
8            under this Section does not make the records
9            subject to discovery or required to be provided to
10            the defendant.
11            (B) A prosecuting attorney who seeks to subpoena
12        information or records concerning the victim that are
13        confidential or privileged by law must first request
14        the written consent of the crime victim. If the victim
15        does not provide such written consent, including where
16        necessary the appropriate signed document required for
17        waiving privilege, the prosecuting attorney must serve
18        the subpoena at least 21 days prior to the date a
19        response or appearance is required to allow the
20        subject of the subpoena time to file a motion to quash
21        or request a hearing. The prosecuting attorney must
22        also send a written notice to the victim at least 21
23        days prior to the response date to allow the victim to
24        file a motion or request a hearing. The notice to the
25        victim shall inform the victim (i) that a subpoena has
26        been issued for confidential information or records

 

 

SB3946- 20 -LRB103 40536 RLC 73046 b

1        concerning the victim, (ii) that the victim has the
2        right to request a hearing prior to the response date
3        of the subpoena, and (iii) how to request the hearing.
4        The notice to the victim shall also include a copy of
5        the subpoena. If requested, a hearing regarding the
6        subpoena shall occur before information or records are
7        provided to the prosecuting attorney.
8        (10) Right to notice of court proceedings. If the
9    victim is not present at a court proceeding in which a
10    right of the victim is at issue, the court shall ask the
11    prosecuting attorney whether the victim was notified of
12    the time, place, and purpose of the court proceeding and
13    that the victim had a right to be heard at the court
14    proceeding. If the court determines that timely notice was
15    not given or that the victim was not adequately informed
16    of the nature of the court proceeding, the court shall not
17    rule on any substantive issues, accept a plea, or impose a
18    sentence and shall continue the hearing for the time
19    necessary to notify the victim of the time, place and
20    nature of the court proceeding. The time between court
21    proceedings shall not be attributable to the State under
22    Section 103-5 of the Code of Criminal Procedure of 1963.
23        (11) Right to timely disposition of the case. A victim
24    has the right to timely disposition of the case so as to
25    minimize the stress, cost, and inconvenience resulting
26    from the victim's involvement in the case. Before ruling

 

 

SB3946- 21 -LRB103 40536 RLC 73046 b

1    on a motion to continue trial or other court proceeding,
2    the court shall inquire into the circumstances for the
3    request for the delay and, if the victim has provided
4    written notice of the assertion of the right to a timely
5    disposition, and whether the victim objects to the delay.
6    If the victim objects, the prosecutor shall inform the
7    court of the victim's objections. If the prosecutor has
8    not conferred with the victim about the continuance, the
9    prosecutor shall inform the court of the attempts to
10    confer. If the court finds the attempts of the prosecutor
11    to confer with the victim were inadequate to protect the
12    victim's right to be heard, the court shall give the
13    prosecutor at least 3 but not more than 5 business days to
14    confer with the victim. In ruling on a motion to continue,
15    the court shall consider the reasons for the requested
16    continuance, the number and length of continuances that
17    have been granted, the victim's objections and procedures
18    to avoid further delays. If a continuance is granted over
19    the victim's objection, the court shall specify on the
20    record the reasons for the continuance and the procedures
21    that have been or will be taken to avoid further delays.
22        (12) Right to Restitution.
23            (A) If the victim has asserted the right to
24        restitution and the amount of restitution is known at
25        the time of sentencing, the court shall enter the
26        judgment of restitution at the time of sentencing.

 

 

SB3946- 22 -LRB103 40536 RLC 73046 b

1            (B) If the victim has asserted the right to
2        restitution and the amount of restitution is not known
3        at the time of sentencing, the prosecutor shall,
4        within 5 days after sentencing, notify the victim what
5        information and documentation related to restitution
6        is needed and that the information and documentation
7        must be provided to the prosecutor within 45 days
8        after sentencing. Failure to timely provide
9        information and documentation related to restitution
10        shall be deemed a waiver of the right to restitution.
11        The prosecutor shall file and serve within 60 days
12        after sentencing a proposed judgment for restitution
13        and a notice that includes information concerning the
14        identity of any victims or other persons seeking
15        restitution, whether any victim or other person
16        expressly declines restitution, the nature and amount
17        of any damages together with any supporting
18        documentation, a restitution amount recommendation,
19        and the names of any co-defendants and their case
20        numbers. Within 30 days after receipt of the proposed
21        judgment for restitution, the defendant shall file any
22        objection to the proposed judgment, a statement of
23        grounds for the objection, and a financial statement.
24        If the defendant does not file an objection, the court
25        may enter the judgment for restitution without further
26        proceedings. If the defendant files an objection and

 

 

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1        either party requests a hearing, the court shall
2        schedule a hearing.
3        (13) Access to presentence reports.
4            (A) The victim may request a copy of the
5        presentence report prepared under the Unified Code of
6        Corrections from the State's Attorney. The State's
7        Attorney shall redact the following information before
8        providing a copy of the report:
9                (i) the defendant's mental history and
10            condition;
11                (ii) any evaluation prepared under subsection
12            (b) or (b-5) of Section 5-3-2; and
13                (iii) the name, address, phone number, and
14            other personal information about any other victim.
15            (B) The State's Attorney or the defendant may
16        request the court redact other information in the
17        report that may endanger the safety of any person.
18            (C) The State's Attorney may orally disclose to
19        the victim any of the information that has been
20        redacted if there is a reasonable likelihood that the
21        information will be stated in court at the sentencing.
22            (D) The State's Attorney must advise the victim
23        that the victim must maintain the confidentiality of
24        the report and other information. Any dissemination of
25        the report or information that was not stated at a
26        court proceeding constitutes indirect criminal

 

 

SB3946- 24 -LRB103 40536 RLC 73046 b

1        contempt of court.
2        (14) Appellate relief. If the trial court denies the
3    relief requested, the victim, the victim's attorney, or
4    the prosecuting attorney may file an appeal within 30 days
5    of the trial court's ruling. The trial or appellate court
6    may stay the court proceedings if the court finds that a
7    stay would not violate a constitutional right of the
8    defendant. If the appellate court denies the relief
9    sought, the reasons for the denial shall be clearly stated
10    in a written opinion. In any appeal in a criminal case, the
11    State may assert as error the court's denial of any crime
12    victim's right in the proceeding to which the appeal
13    relates.
14        (15) Limitation on appellate relief. In no case shall
15    an appellate court provide a new trial to remedy the
16    violation of a victim's right.
17        (16) The right to be reasonably protected from the
18    accused throughout the criminal justice process and the
19    right to have the safety of the victim and the victim's
20    family considered in determining whether to release the
21    defendant, and setting conditions of release after arrest
22    and conviction. A victim of domestic violence, a sexual
23    offense, or stalking may request the entry of a protective
24    order under Article 112A of the Code of Criminal Procedure
25    of 1963.
26    (d) Procedures after the imposition of sentence.

 

 

SB3946- 25 -LRB103 40536 RLC 73046 b

1        (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
4    release, electronic detention, work release, international
5    transfer or exchange, or by the custodian, other than the
6    Department of Juvenile Justice, of the discharge of any
7    individual who was adjudicated a delinquent for a crime
8    from State custody and by the sheriff of the appropriate
9    county of any such person's final discharge from county
10    custody. The Prisoner Review Board, upon written request,
11    shall provide to a victim or any other concerned citizen a
12    recent photograph of any person convicted of a felony,
13    upon his or her release from custody. The Prisoner Review
14    Board, upon written request, shall inform a victim or any
15    other concerned citizen when feasible at least 7 days
16    prior to the prisoner's release on furlough of the times
17    and dates of such furlough. Upon written request by the
18    victim or any other concerned citizen, the State's
19    Attorney shall notify the person once of the times and
20    dates of release of a prisoner sentenced to periodic
21    imprisonment. Notification shall be based on the most
22    recent information as to the victim's or other concerned
23    citizen's residence or other location available to the
24    notifying authority.
25        (2) When the defendant has been committed to the
26    Department of Human Services pursuant to Section 5-2-4 or

 

 

SB3946- 26 -LRB103 40536 RLC 73046 b

1    any other provision of the Unified Code of Corrections,
2    the victim may request to be notified by the releasing
3    authority of the approval by the court of an on-grounds
4    pass, a supervised off-grounds pass, an unsupervised
5    off-grounds pass, or conditional release; the release on
6    an off-grounds pass; the return from an off-grounds pass;
7    transfer to another facility; conditional release; escape;
8    death; or final discharge from State custody. The
9    Department of Human Services shall establish and maintain
10    a statewide telephone number to be used by victims to make
11    notification requests under these provisions and shall
12    publicize this telephone number on its website and to the
13    State's Attorney of each county.
14        (3) In the event of an escape from State custody, the
15    Department of Corrections or the Department of Juvenile
16    Justice immediately shall notify the Prisoner Review Board
17    of the escape and the Prisoner Review Board shall notify
18    the victim. The notification shall be based upon the most
19    recent information as to the victim's residence or other
20    location available to the Board. When no such information
21    is available, the Board shall make all reasonable efforts
22    to obtain the information and make the notification. When
23    the escapee is apprehended, the Department of Corrections
24    or the Department of Juvenile Justice immediately shall
25    notify the Prisoner Review Board and the Board shall
26    notify the victim.

 

 

SB3946- 27 -LRB103 40536 RLC 73046 b

1        (4) The victim of the crime for which the prisoner has
2    been sentenced has the right to register with the Prisoner
3    Review Board's victim registry. Victims registered with
4    the Board shall receive reasonable written notice not less
5    than 30 days prior to the parole hearing or target
6    aftercare release date. The victim has the right to submit
7    a victim statement for consideration by the Prisoner
8    Review Board or the Department of Juvenile Justice in
9    writing, on film, videotape, or other electronic means, or
10    in the form of a recording prior to the parole hearing or
11    target aftercare release date, or in person at the parole
12    hearing or aftercare release protest hearing, or by
13    calling the toll-free number established in subsection (f)
14    of this Section. The victim shall be notified within 7
15    days after the prisoner has been granted parole or
16    aftercare release and shall be informed of the right to
17    inspect the registry of parole decisions, established
18    under subsection (g) of Section 3-3-5 of the Unified Code
19    of Corrections. The provisions of this paragraph (4) are
20    subject to the Open Parole Hearings Act. Victim statements
21    provided to the Board shall be confidential and
22    privileged, including any statements received prior to
23    January 1, 2020 (the effective date of Public Act
24    101-288), except if the statement was an oral statement
25    made by the victim at a hearing open to the public.
26        (4-1) The crime victim has the right to submit a

 

 

SB3946- 28 -LRB103 40536 RLC 73046 b

1    victim statement for consideration by the Prisoner Review
2    Board or the Department of Juvenile Justice prior to or at
3    a hearing to determine the conditions of mandatory
4    supervised release of a person sentenced to a determinate
5    sentence or at a hearing on revocation of mandatory
6    supervised release of a person sentenced to a determinate
7    sentence. A victim statement may be submitted in writing,
8    on film, videotape, or other electronic means, or in the
9    form of a recording, or orally at a hearing, or by calling
10    the toll-free number established in subsection (f) of this
11    Section. Victim statements provided to the Board shall be
12    confidential and privileged, including any statements
13    received prior to January 1, 2020 (the effective date of
14    Public Act 101-288), except if the statement was an oral
15    statement made by the victim at a hearing open to the
16    public.
17        (4-2) The crime victim has the right to submit a
18    victim statement to the Prisoner Review Board for
19    consideration at an executive clemency hearing as provided
20    in Section 3-3-13 of the Unified Code of Corrections. A
21    victim statement may be submitted in writing, on film,
22    videotape, or other electronic means, or in the form of a
23    recording prior to a hearing, or orally at a hearing, or by
24    calling the toll-free number established in subsection (f)
25    of this Section. Victim statements provided to the Board
26    shall be confidential and privileged, including any

 

 

SB3946- 29 -LRB103 40536 RLC 73046 b

1    statements received prior to January 1, 2020 (the
2    effective date of Public Act 101-288), except if the
3    statement was an oral statement made by the victim at a
4    hearing open to the public.
5        (5) If a statement is presented under Section 6, the
6    Prisoner Review Board or Department of Juvenile Justice
7    shall inform the victim of any order of discharge pursuant
8    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
9    Corrections.
10        (6) At the written or oral request of the victim of the
11    crime for which the prisoner was sentenced or the State's
12    Attorney of the county where the person seeking parole or
13    aftercare release was prosecuted, the Prisoner Review
14    Board or Department of Juvenile Justice shall notify the
15    victim and the State's Attorney of the county where the
16    person seeking parole or aftercare release was prosecuted
17    of the death of the prisoner if the prisoner died while on
18    parole or aftercare release or mandatory supervised
19    release.
20        (7) When a defendant who has been committed to the
21    Department of Corrections, the Department of Juvenile
22    Justice, or the Department of Human Services is released
23    or discharged and subsequently committed to the Department
24    of Human Services as a sexually violent person and the
25    victim had requested to be notified by the releasing
26    authority of the defendant's discharge, conditional

 

 

SB3946- 30 -LRB103 40536 RLC 73046 b

1    release, death, or escape from State custody, the
2    releasing authority shall provide to the Department of
3    Human Services such information that would allow the
4    Department of Human Services to contact the victim.
5        (8) When a defendant has been convicted of a sex
6    offense as defined in Section 2 of the Sex Offender
7    Registration Act and has been sentenced to the Department
8    of Corrections or the Department of Juvenile Justice, the
9    Prisoner Review Board or the Department of Juvenile
10    Justice shall notify the victim of the sex offense of the
11    prisoner's eligibility for release on parole, aftercare
12    release, mandatory supervised release, electronic
13    detention, work release, international transfer or
14    exchange, or by the custodian of the discharge of any
15    individual who was adjudicated a delinquent for a sex
16    offense from State custody and by the sheriff of the
17    appropriate county of any such person's final discharge
18    from county custody. The notification shall be made to the
19    victim at least 30 days, whenever possible, before release
20    of the sex offender.
21    (e) The officials named in this Section may satisfy some
22or all of their obligations to provide notices and other
23information through participation in a statewide victim and
24witness notification system established by the Attorney
25General under Section 8.5 of this Act.
26    (f) The Prisoner Review Board shall establish a toll-free

 

 

SB3946- 31 -LRB103 40536 RLC 73046 b

1number that may be accessed by the crime victim to present a
2victim statement to the Board in accordance with paragraphs
3(4), (4-1), and (4-2) of subsection (d).
4(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
5101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
68-20-21; 102-813, eff. 5-13-22.)
 
7    Section 10. The Unified Code of Corrections is amended by
8changing Section 3-14-1 as follows:
 
9    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
10    Sec. 3-14-1. Release from the institution.
11    (a) Upon release of a person on parole, mandatory release,
12final discharge, or pardon, the Department shall return all
13property held for him, provide him with suitable clothing and
14procure necessary transportation for him to his designated
15place of residence and employment. It may provide such person
16with a grant of money for travel and expenses which may be paid
17in installments. The amount of the money grant shall be
18determined by the Department.
19    (a-1) The Department shall, before a wrongfully imprisoned
20person, as defined in Section 3-1-2 of this Code, is
21discharged from the Department, provide him or her with any
22documents necessary after discharge.
23    (a-2) The Department of Corrections may establish and
24maintain, in any institution it administers, revolving funds

 

 

SB3946- 32 -LRB103 40536 RLC 73046 b

1to be known as "Travel and Allowances Revolving Funds". These
2revolving funds shall be used for advancing travel and expense
3allowances to committed, paroled, and discharged prisoners.
4The moneys paid into such revolving funds shall be from
5appropriations to the Department for Committed, Paroled, and
6Discharged Prisoners.
7    (a-3) Upon release of a person who is eligible to vote on
8parole, mandatory release, final discharge, or pardon, the
9Department shall provide the person with a form that informs
10him or her that his or her voting rights have been restored and
11a voter registration application. The Department shall have
12available voter registration applications in the languages
13provided by the Illinois State Board of Elections. The form
14that informs the person that his or her rights have been
15restored shall include the following information:
16        (1) All voting rights are restored upon release from
17    the Department's custody.
18        (2) A person who is eligible to vote must register in
19    order to be able to vote.
20    The Department of Corrections shall confirm that the
21person received the voter registration application and has
22been informed that his or her voting rights have been
23restored.
24    (a-4) Prior to release of a person on parole, mandatory
25supervised release, final discharge, or pardon, the Department
26shall screen every person for Medicaid eligibility. Officials

 

 

SB3946- 33 -LRB103 40536 RLC 73046 b

1of the correctional institution or facility where the
2committed person is assigned shall assist an eligible person
3to complete a Medicaid application to ensure that the person
4begins receiving benefits as soon as possible after his or her
5release. The application must include the eligible person's
6address associated with his or her residence upon release from
7the facility. If the residence is temporary, the eligible
8person must notify the Department of Human Services of his or
9her change in address upon transition to permanent housing.
10    (a-5) Upon release of a person on parole, mandatory
11supervised release, final discharge, or pardon, the Department
12shall notify the person of all in-effect orders of protection
13issued against the person under Article 112A of the Code of
14Criminal Procedure of 1963 or under the Illinois Domestic
15Violence Act of 1986.
16    (b) (Blank).
17    (c) Except as otherwise provided in this Code, the
18Department shall establish procedures to provide written
19notification of any release of any person who has been
20convicted of a felony to the State's Attorney and sheriff of
21the county from which the offender was committed, and the
22State's Attorney and sheriff of the county into which the
23offender is to be paroled or released. Except as otherwise
24provided in this Code, the Department shall establish
25procedures to provide written notification to the proper law
26enforcement agency for any municipality of any release of any

 

 

SB3946- 34 -LRB103 40536 RLC 73046 b

1person who has been convicted of a felony if the arrest of the
2offender or the commission of the offense took place in the
3municipality, if the offender is to be paroled or released
4into the municipality, or if the offender resided in the
5municipality at the time of the commission of the offense. If a
6person convicted of a felony who is in the custody of the
7Department of Corrections or on parole or mandatory supervised
8release informs the Department that he or she has resided,
9resides, or will reside at an address that is a housing
10facility owned, managed, operated, or leased by a public
11housing agency, the Department must send written notification
12of that information to the public housing agency that owns,
13manages, operates, or leases the housing facility. The written
14notification shall, when possible, be given at least 14 days
15before release of the person from custody, or as soon
16thereafter as possible. The written notification shall be
17provided electronically if the State's Attorney, sheriff,
18proper law enforcement agency, or public housing agency has
19provided the Department with an accurate and up to date email
20address.
21    (c-1) (Blank).
22    (c-2) The Department shall establish procedures to provide
23notice to the Illinois State Police of the release or
24discharge of persons convicted of violations of the
25Methamphetamine Control and Community Protection Act or a
26violation of the Methamphetamine Precursor Control Act. The

 

 

SB3946- 35 -LRB103 40536 RLC 73046 b

1Illinois State Police shall make this information available to
2local, State, or federal law enforcement agencies upon
3request.
4    (c-5) If a person on parole or mandatory supervised
5release becomes a resident of a facility licensed or regulated
6by the Department of Public Health, the Illinois Department of
7Public Aid, or the Illinois Department of Human Services, the
8Department of Corrections shall provide copies of the
9following information to the appropriate licensing or
10regulating Department and the licensed or regulated facility
11where the person becomes a resident:
12        (1) The mittimus and any pre-sentence investigation
13    reports.
14        (2) The social evaluation prepared pursuant to Section
15    3-8-2.
16        (3) Any pre-release evaluation conducted pursuant to
17    subsection (j) of Section 3-6-2.
18        (4) Reports of disciplinary infractions and
19    dispositions.
20        (5) Any parole plan, including orders issued by the
21    Prisoner Review Board, and any violation reports and
22    dispositions.
23        (6) The name and contact information for the assigned
24    parole agent and parole supervisor.
25    This information shall be provided within 3 days of the
26person becoming a resident of the facility.

 

 

SB3946- 36 -LRB103 40536 RLC 73046 b

1    (c-10) If a person on parole or mandatory supervised
2release becomes a resident of a facility licensed or regulated
3by the Department of Public Health, the Illinois Department of
4Public Aid, or the Illinois Department of Human Services, the
5Department of Corrections shall provide written notification
6of such residence to the following:
7        (1) The Prisoner Review Board.
8        (2) The chief of police and sheriff in the
9    municipality and county in which the licensed facility is
10    located.
11    The notification shall be provided within 3 days of the
12person becoming a resident of the facility.
13    (d) Upon the release of a committed person on parole,
14mandatory supervised release, final discharge, or pardon, the
15Department shall provide such person with information
16concerning programs and services of the Illinois Department of
17Public Health to ascertain whether such person has been
18exposed to the human immunodeficiency virus (HIV) or any
19identified causative agent of Acquired Immunodeficiency
20Syndrome (AIDS).
21    (e) Upon the release of a committed person on parole,
22mandatory supervised release, final discharge, pardon, or who
23has been wrongfully imprisoned, the Department shall verify
24the released person's full name, date of birth, and social
25security number. If verification is made by the Department by
26obtaining a certified copy of the released person's birth

 

 

SB3946- 37 -LRB103 40536 RLC 73046 b

1certificate and the released person's social security card or
2other documents authorized by the Secretary, the Department
3shall provide the birth certificate and social security card
4or other documents authorized by the Secretary to the released
5person. If verification by the Department is done by means
6other than obtaining a certified copy of the released person's
7birth certificate and the released person's social security
8card or other documents authorized by the Secretary, the
9Department shall complete a verification form, prescribed by
10the Secretary of State, and shall provide that verification
11form to the released person.
12    (f) Forty-five days prior to the scheduled discharge of a
13person committed to the custody of the Department of
14Corrections, the Department shall give the person:
15        (1) who is otherwise uninsured an opportunity to apply
16    for health care coverage including medical assistance
17    under Article V of the Illinois Public Aid Code in
18    accordance with subsection (b) of Section 1-8.5 of the
19    Illinois Public Aid Code, and the Department of
20    Corrections shall provide assistance with completion of
21    the application for health care coverage including medical
22    assistance;
23        (2) information about obtaining a standard Illinois
24    Identification Card or a limited-term Illinois
25    Identification Card under Section 4 of the Illinois
26    Identification Card Act if the person has not been issued

 

 

SB3946- 38 -LRB103 40536 RLC 73046 b

1    an Illinois Identification Card under subsection (a-20) of
2    Section 4 of the Illinois Identification Card Act;
3        (3) information about voter registration and may
4    distribute information prepared by the State Board of
5    Elections. The Department of Corrections may enter into an
6    interagency contract with the State Board of Elections to
7    participate in the automatic voter registration program
8    and be a designated automatic voter registration agency
9    under Section 1A-16.2 of the Election Code;
10        (4) information about job listings upon discharge from
11    the correctional institution or facility;
12        (5) information about available housing upon discharge
13    from the correctional institution or facility;
14        (6) a directory of elected State officials and of
15    officials elected in the county and municipality, if any,
16    in which the committed person intends to reside upon
17    discharge from the correctional institution or facility;
18    and
19        (7) any other information that the Department of
20    Corrections deems necessary to provide the committed
21    person in order for the committed person to reenter the
22    community and avoid recidivism.
23    (g) Sixty days before the scheduled discharge of a person
24committed to the custody of the Department or upon receipt of
25the person's certified birth certificate and social security
26card as set forth in subsection (d) of Section 3-8-1 of this

 

 

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1Act, whichever occurs later, the Department shall transmit an
2application for an Identification Card to the Secretary of
3State, in accordance with subsection (a-20) of Section 4 of
4the Illinois Identification Card Act.
5    The Department may adopt rules to implement this Section.
6(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
7102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
81-1-24.)
 
9    Section 15. The Illinois Domestic Violence Act of 1986 is
10amended by changing Sections 201 and 220 as follows:
 
11    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)
12    Sec. 201. Persons protected by this Act.
13    (a) The following persons are protected by this Act:
14        (i) any person abused by a family or household member;
15        (ii) any high-risk adult with disabilities who is
16    abused, neglected, or exploited by a family or household
17    member;
18        (iii) any minor child or dependent adult in the care
19    of such person;
20        (iv) any person residing or employed at a private home
21    or public shelter which is housing an abused family or
22    household member; and
23        (v) any of the following persons if the person is
24    abused by a family or household member of a child:

 

 

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1            (A) a foster parent of that child if the child has
2        been placed in the foster parent's home by the
3        Department of Children and Family Services or by
4        another state's public child welfare agency;
5            (B) a legally appointed guardian or legally
6        appointed custodian of that child;
7            (C) an adoptive parent of that child; or
8            (D) a prospective adoptive parent of that child if
9        the child has been placed in the prospective adoptive
10        parent's home pursuant to the Adoption Act or pursuant
11        to another state's law .
12        For purposes of this paragraph (a)(v), individuals who
13    would have been considered "family or household members"
14    of the child under subsection (6) of Section 103 of this
15    Act before a termination of the parental rights with
16    respect to the child continue to meet the definition of
17    "family or household members" of the child.
18    (b) A petition for an order of protection may be filed
19only:
20        (i) by a person who has been abused by a family or
21    household member or by any person on behalf of a minor
22    child or an adult who has been abused by a family or
23    household member and who, because of age, health,
24    disability, or inaccessibility, cannot file the petition;
25        (ii) by any person on behalf of a high-risk adult with
26    disabilities who has been abused, neglected, or exploited

 

 

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1    by a family or household member; or
2        (iii) any of the following persons if the person is
3    abused by a family or household member of a child:
4            (A) a foster parent of that child if the child has
5        been placed in the foster parent's home by the
6        Department of Children and Family Services or by
7        another state's public child welfare agency;
8            (B) a legally appointed guardian or legally
9        appointed custodian of that child;
10            (C) an adoptive parent of that child;
11            (D) a prospective adoptive parent of that child if
12        the child has been placed in the prospective adoptive
13        parent's home pursuant to the Adoption Act or pursuant
14        to another state's law; .
15        (iv) by a crime victim who was abused by an offender
16    prior to the incarceration of the offender in a penal
17    institution and which offender is incarcerated in a penal
18    institution at the time of the filing of the petition; or
19        (v) by any person who has previously suffered abuse by
20    a person convicted of domestic battery, aggravated
21    domestic battery, aggravated battery, or other offense
22    that would constitute domestic violence or for a violent
23    crime, as defined in Section 3 of the Rights of Crime
24    Victims and Witnesses Act, committed against another
25    person.
26    (b-1) A petition for an order of protection issued under

 

 

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1paragraph (b)(i), (b)(ii), (b)(iii), (b)(iv), or (b)(v) may
2not be denied solely upon the basis that the respondent is
3incarcerated in a penal institution at the time of the filing
4of the petition
5        For purposes of this paragraph (b)(iii), individuals
6    who would have been considered "family or household
7    members" of the child under subsection (6) of Section 103
8    of this Act before a termination of the parental rights
9    with respect to the child continue to meet the definition
10    of "family or household members" of the child.
11    (c) Any petition properly filed under this Act may seek
12protection for any additional persons protected by this Act.
13    (d) Any existing order of protection against a person is
14automatically tolled while the offender is incarcerated in a
15penal institution and automatically resumes upon the
16offender's release from incarceration.
17(Source: P.A. 100-639, eff. 1-1-19.)
 
18    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)
19    Sec. 220. Duration and extension of orders.
20    (a) Duration of emergency and interim orders. Unless
21re-opened or extended or voided by entry of an order of greater
22duration:
23        (1) Emergency orders issued under Section 217 shall be
24    effective for not less than 14 nor more than 21 days;
25        (2) Interim orders shall be effective for up to 30

 

 

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1    days.
2    (b) Duration of plenary orders.
3        (0.05) A plenary order of protection entered under
4    this Act shall be valid for a fixed period of time, not to
5    exceed two years.
6        (1) A plenary order of protection entered in
7    conjunction with another civil proceeding shall remain in
8    effect as follows:
9            (i) if entered as preliminary relief in that other
10        proceeding, until entry of final judgment in that
11        other proceeding;
12            (ii) if incorporated into the final judgment in
13        that other proceeding, until the order of protection
14        is vacated or modified; or
15            (iii) if incorporated in an order for involuntary
16        commitment, until termination of both the involuntary
17        commitment and any voluntary commitment, or for a
18        fixed period of time not exceeding 2 years.
19        (2) Duration of an order of protection entered in
20    conjunction with a criminal prosecution or delinquency
21    petition shall remain in effect as provided in Section
22    112A-20 of the Code of Criminal Procedure of 1963.
23    (b-1) An existing order of protection against a person
24shall be eligible for renewal while the respondent is
25incarcerated in a penal institution and commences upon release
26of the respondent and shall be extended for a period up to 2

 

 

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1years.
2    (c) Computation of time. The duration of an order of
3protection shall not be reduced by the duration of any prior
4order of protection.
5    (d) Law enforcement records. When a plenary order of
6protection expires upon the occurrence of a specified event,
7rather than upon a specified date as provided in subsection
8(b), no expiration date shall be entered in Illinois State
9Police records. To remove the plenary order from those
10records, either party shall request the clerk of the court to
11file a certified copy of an order stating that the specified
12event has occurred or that the plenary order has been vacated
13or modified with the Sheriff, and the Sheriff shall direct
14that law enforcement records shall be promptly corrected in
15accordance with the filed order.
16    (e) Extension of orders. Any emergency, interim or plenary
17order may be extended one or more times, as required, provided
18that the requirements of Section 217, 218 or 219, as
19appropriate, are satisfied. If the motion for extension is
20uncontested and petitioner seeks no modification of the order,
21the order may be extended on the basis of petitioner's motion
22or affidavit stating that there has been no material change in
23relevant circumstances since entry of the order and stating
24the reason for the requested extension. An extension of a
25plenary order of protection may be granted, upon good cause
26shown, to remain in effect until the order of protection is

 

 

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1vacated or modified. Extensions may be granted only in open
2court and not under the provisions of subsection (c) of
3Section 217, which applies only when the court is unavailable
4at the close of business or on a court holiday.
5    (f) Termination date. Any order of protection which would
6expire on a court holiday shall instead expire at the close of
7the next court business day.
8    (g) Statement of purpose. The practice of dismissing or
9suspending a criminal prosecution in exchange for the issuance
10of an order of protection undermines the purposes of this Act.
11This Section shall not be construed as encouraging that
12practice.
13(Source: P.A. 102-538, eff. 8-20-21.)