093_HB1359enr

 
HB1359 Enrolled                      LRB093 08744 RLC 08974 b

 1        AN ACT in relation to crime victims.

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

 4        Section 5.  The Rights of Crime Victims and Witnesses Act
 5    is amended by changing Section 4.5 as follows:

 6        (725 ILCS 120/4.5)
 7        Sec.  4.5.  Procedures  to  implement the rights of crime
 8    victims.   To  afford  crime  victims   their   rights,   law
 9    enforcement, prosecutors, judges and corrections will provide
10    information, as appropriate of the following procedures:
11        (a)  At  the request of the crime victim, law enforcement
12    authorities investigating the case shall  provide  notice  of
13    the  status  of  the  investigation, except where the State's
14    Attorney determines that disclosure of such information would
15    unreasonably interfere with  the  investigation,  until  such
16    time   as   the  alleged  assailant  is  apprehended  or  the
17    investigation is closed.
18        (b)  The office of the State's Attorney:
19             (1)  shall  provide  notice   of   the   filing   of
20        information,  the  return  of  an  indictment  by which a
21        prosecution for any violent crime is  commenced,  or  the
22        filing   of  a  petition  to  adjudicate  a  minor  as  a
23        delinquent for a violent crime;
24             (2)  shall provide notice of  the  date,  time,  and
25        place of trial;
26             (3)  or  victim  advocate  personnel  shall  provide
27        information  of  social services and financial assistance
28        available for victims of crime, including information  of
29        how to apply for these services and assistance;
30             (4)  shall  assist  in  having  any  stolen or other
31        personal property held by law enforcement authorities for
 
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 1        evidentiary or other purposes returned  as  expeditiously
 2        as  possible,  pursuant  to  the  procedures  set  out in
 3        Section 115-9 of the Code of Criminal Procedure of 1963;
 4             (5)  or  victim  advocate  personnel  shall  provide
 5        appropriate employer intercession services to ensure that
 6        employers of victims will  cooperate  with  the  criminal
 7        justice system in order to minimize an employee's loss of
 8        pay and other benefits resulting from court appearances;
 9             (6)  shall provide information whenever possible, of
10        a  secure waiting area during court proceedings that does
11        not require victims to be in close proximity to defendant
12        or juveniles  accused  of  a  violent  crime,  and  their
13        families and friends;
14             (7)  shall provide notice to the crime victim of the
15        right   to   have  a  translator  present  at  all  court
16        proceedings;
17             (8)  in the case of the death  of  a  person,  which
18        death  occurred  in the same transaction or occurrence in
19        which acts occurred for which a defendant is charged with
20        an offense, shall notify the  spouse,  parent,  child  or
21        sibling  of  the decedent of the date of the trial of the
22        person or persons allegedly responsible for the death;
23             (9)  shall inform the victim of the  right  to  have
24        present at all court proceedings, subject to the rules of
25        evidence,  an  advocate  or  other  support person of the
26        victim's choice, and the right to retain an attorney,  at
27        the  victim's own expense, who, upon written notice filed
28        with the clerk of the court and State's Attorney,  is  to
29        receive  copies  of all notices, motions and court orders
30        filed thereafter in the case, in the same  manner  as  if
31        the victim were a named party in the case; and
32             (10)  at  the  sentencing  hearing shall make a good
33        faith attempt to  explain  the  minimum  amount  of  time
34        during  which  the  defendant  may actually be physically
 
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 1        imprisoned.  The Office of  the  State's  Attorney  shall
 2        further  notify  the crime victim of the right to request
 3        from the Prisoner Review Board information concerning the
 4        release of the defendant  under  subparagraph  (d)(1)  of
 5        this Section; and
 6             (11)  shall  request  restitution  at sentencing and
 7        shall consider restitution in any  plea  negotiation,  as
 8        provided by law.
 9        (c)  At  the  written  request  of  the crime victim, the
10    office of the State's Attorney shall:
11             (1)  provide notice a reasonable time in advance  of
12        the following court proceedings: preliminary hearing, any
13        hearing  the  effect  of  which  may  be  the  release of
14        defendant from custody, or to  alter  the  conditions  of
15        bond  and the sentencing hearing.  The crime victim shall
16        also  be  notified  of  the  cancellation  of  the  court
17        proceeding in  sufficient  time,  wherever  possible,  to
18        prevent an unnecessary appearance in court;
19             (2)  provide  notice  within a reasonable time after
20        receipt of notice from the custodian, of the  release  of
21        the  defendant  on  bail  or personal recognizance or the
22        release from detention of a minor who has  been  detained
23        for a violent crime;
24             (3)  explain in nontechnical language the details of
25        any  plea  or verdict of a defendant, or any adjudication
26        of a juvenile as a delinquent for a violent crime;
27             (4)  where practical, consult with the crime  victim
28        before  the Office of the State's Attorney makes an offer
29        of a  plea  bargain  to  the  defendant  or  enters  into
30        negotiations  with  the  defendant  concerning a possible
31        plea agreement, and shall  consider  the  written  victim
32        impact  statement,  if  prepared prior to entering into a
33        plea agreement;
34             (5)  provide notice of the ultimate  disposition  of
 
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 1        the  cases  arising from an indictment or an information,
 2        or a  petition  to  have  a  juvenile  adjudicated  as  a
 3        delinquent for a violent crime;
 4             (6)  provide  notice  of  any  appeal  taken  by the
 5        defendant  and  information  on  how   to   contact   the
 6        appropriate agency handling the appeal;
 7             (7)  provide    notice    of    any    request   for
 8        post-conviction  review  filed  by  the  defendant  under
 9        Article 122 of the Code of Criminal  Procedure  of  1963,
10        and of the date, time and place of any hearing concerning
11        the  petition.   Whenever possible, notice of the hearing
12        shall be given in advance;
13             (8)  forward a copy of any statement presented under
14        Section 6 to the Prisoner Review Board to  be  considered
15        by the Board in making its determination under subsection
16        (b) of Section 3-3-8 of the Unified Code of Corrections.
17        (d) (1)  The  Prisoner Review Board shall inform a victim
18        or any other concerned citizen, upon written request,  of
19        the  prisoner's  release  on parole, mandatory supervised
20        release, electronic detention, work  release  or  by  the
21        custodian  of  the  discharge  of  any individual who was
22        adjudicated a delinquent for a violent crime  from  State
23        custody  and  by the sheriff of the appropriate county of
24        any such person's final discharge  from  county  custody.
25        The  Prisoner  Review  Board, upon written request, shall
26        provide to a victim or  any  other  concerned  citizen  a
27        recent  photograph  of  any person convicted of a felony,
28        upon his or her release from custody. The Prisoner Review
29        Board, upon written request, shall inform a victim or any
30        other concerned citizen when feasible  at  least  7  days
31        prior  to the prisoner's release on furlough of the times
32        and dates of such furlough.  Upon written request by  the
33        victim  or  any  other  concerned  citizen,  the  State's
34        Attorney  shall  notify  the person once of the times and
 
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 1        dates of release of  a  prisoner  sentenced  to  periodic
 2        imprisonment.   Notification  shall  be based on the most
 3        recent information as  to  victim's  or  other  concerned
 4        citizen's  residence  or  other location available to the
 5        notifying authority. For purposes of this  paragraph  (1)
 6        of subsection (d), "concerned citizen" includes relatives
 7        of  the  victim,  friends of the victim, witnesses to the
 8        crime, or any other person associated with the victim  or
 9        prisoner.
10             (2)  When  the  defendant  has been committed to the
11        Department of Human Services pursuant to Section 5-2-4 or
12        any other provision of the Unified Code  of  Corrections,
13        the  victim  may  request to be notified by the releasing
14        authority  of  the  defendant's  discharge   from   State
15        custody.
16             (3)  In  the  event of an escape from State custody,
17        the Department of Corrections  immediately  shall  notify
18        the  Prisoner Review Board of the escape and the Prisoner
19        Review Board shall notify the victim.   The  notification
20        shall be based upon the most recent information as to the
21        victim's  residence  or  other  location available to the
22        Board.  When no such information is available, the  Board
23        shall   make   all   reasonable  efforts  to  obtain  the
24        information and make the notification.  When the  escapee
25        is apprehended, the Department of Corrections immediately
26        shall  notify  the  Prisoner  Review  Board and the Board
27        shall notify the victim.
28             (4)  The victim of the crime for which the  prisoner
29        has  been  sentenced  shall  receive  reasonable  written
30        notice  not less than 15 days prior to the parole hearing
31        and may submit, in writing, on film, videotape  or  other
32        electronic  means  or  in  the  form of a recording or in
33        person at the parole hearing or if a victim of a  violent
34        crime,  by  calling  the  toll-free number established in
 
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 1        subsection  (f)  of   this   Section,   information   for
 2        consideration  by  the Prisoner Review Board.  The victim
 3        shall be notified within 7 days after  the  prisoner  has
 4        been granted parole and shall be informed of the right to
 5        inspect  the  registry  of  parole decisions, established
 6        under subsection (g) of Section 3-3-5 of the Unified Code
 7        of Corrections.  The provisions of this paragraph (4) are
 8        subject to the Open Parole Hearings Act.
 9             (5)  If a statement is presented  under  Section  6,
10        the  Prisoner Review Board shall inform the victim of any
11        order of discharge  entered  by  the  Board  pursuant  to
12        Section 3-3-8 of the Unified Code of Corrections.
13             (6)  At  the  written  request  of the victim of the
14        crime for which the prisoner was sentenced, the  Prisoner
15        Review  Board shall notify the victim of the death of the
16        prisoner  if  the  prisoner  died  while  on  parole   or
17        mandatory supervised release.
18             (7)  When  a defendant who has been committed to the
19        Department of Corrections  or  the  Department  of  Human
20        Services  is  released  or  discharged  and  subsequently
21        committed  to  the  Department  of  Human  Services  as a
22        sexually violent person and the victim had  requested  to
23        be notified by the releasing authority of the defendant's
24        discharge  from  State  custody,  the releasing authority
25        shall provide to the Department of  Human  Services  such
26        information  that  would  allow  the  Department of Human
27        Services to contact the victim.
28        (e)  The officials named in this Section may satisfy some
29    or all of their obligations  to  provide  notices  and  other
30    information  through  participation in a statewide victim and
31    witness  notification  system  established  by  the  Attorney
32    General under Section 8.5 of this Act.
33        (f)  To permit a victim of a  violent  crime  to  provide
34    information to the Prisoner Review Board for consideration by
 
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 1    the  Board  at a parole hearing of a person who committed the
 2    crime against the victim in accordance with clause (d)(4)  of
 3    this  Section  or at a proceeding to determine the conditions
 4    of mandatory supervised release of a person  sentenced  to  a
 5    determinate  sentence  or  at  a  hearing  on  revocation  of
 6    mandatory  supervised  release  of  a  person  sentenced to a
 7    determinate sentence, the Board shall establish  a  toll-free
 8    number  that may be accessed by the victim of a violent crime
 9    to present that information to the Board.
10    (Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
11    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

12        Section  10.   The Open Parole Hearings Act is amended by
13    changing Section 25 as follows:

14        (730 ILCS 105/25) (from Ch. 38, par. 1675)
15        Sec. 25.  Notification of future parole hearings.
16        (a)  The Board shall notify the State's Attorney  of  the
17    committing  county  of  the pending hearing and the victim of
18    all forthcoming parole hearings at least 15 days in  advance.
19    Written notification shall contain:
20             (1)  notification of the place of the hearing;
21             (2)  the date and approximate time of the hearing;
22             (3)  their  right to enter a statement, to appear in
23        person, and to submit other information  by  video  tape,
24        tape recording, or other electronic means in the form and
25        manner described by the Board or if a victim of a violent
26        crime  as  defined  in subsection (c) of Section 3 of the
27        Rights of Crime Victims and Witnesses Act, by calling the
28        toll-free number established in subsection  (f)  of  that
29        Section.
30        Notification  to  the  victims shall be at the last known
31    address of the victim. It shall be the responsibility of  the
32    victim  to  notify  the  board  of any changes in address and
 
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 1    name.
 2        (b)  However, at any time the victim  may  request  by  a
 3    written  certified  statement  that the Prisoner Review Board
 4    stop sending notice under this Section.
 5        (c)  (Blank).
 6        (d)  No later than 7 days  after  a  parole  hearing  the
 7    Board  shall  send  notice  of  its  decision  to the State's
 8    Attorney and victim.  If parole is denied,  the  Board  shall
 9    within  a  reasonable period of time notify the victim of the
10    month and year of the next scheduled hearing.
11    (Source: P.A. 87-224; revised 1-20-03.)

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.