Illinois General Assembly - Full Text of HB2651
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Full Text of HB2651  93rd General Assembly

HB2651 93rd General Assembly


093_HB2651

 
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 1        AN ACT concerning immigrants.

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

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Immigrant Victim of Crime Reporting Act.

 6        Section  5.   Purpose.   The  purpose  of  this Act is to
 7    remove  barriers  to  investigations  of   criminal   conduct
 8    committed  against persons in this State who are undocumented
 9    residents of  the  United  States  without  jeopardizing  the
10    residents' immigration status.

11        Section 10.   Definitions.  For the purposes of this Act:
12        "Felony"  means  an offense for which a sentence to death
13    or to a term of imprisonment in a penitentiary for  one  year
14    or more is provided;
15        "Victim"   means  (1) a person physically injured in this
16    State as a result of a violent crime perpetrated or attempted
17    against that person or (2) a person who suffers injury to  or
18    loss  of  property as a result of a violent crime perpetrated
19    or  attempted  against  that   person   or   (3)   a   single
20    representative  who  may  be  the  spouse,  parent,  child or
21    sibling of a person killed as a result  of  a  violent  crime
22    perpetrated  against the person killed or the spouse, parent,
23    child or sibling of any person granted rights under this  Act
24    who  is  physically  or mentally incapable of exercising such
25    rights, except where the spouse, parent, child or sibling  is
26    also the defendant or prisoner or (4) any person against whom
27    a  violent crime has been committed or (5) any person who has
28    suffered personal injury  as  a  result  of  a  violation  of
29    Section  11-501 of the Illinois Vehicle Code, or of a similar
30    provision of a local ordinance, or  of  Section  9-3  of  the
 
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 1    Criminal Code of 1961.
 2        "Violent crime" means any felony in which force or threat
 3    of  force  was  used  against  the  victim,  or  any  offense
 4    involving  sexual  exploitation,  sexual  conduct  or  sexual
 5    penetration,  domestic  battery,  violation  of  an  order of
 6    protection, stalking, or any  misdemeanor  which  results  in
 7    death  or great bodily harm to the victim or any violation of
 8    Section 9-3 of the Criminal Code of 1961, or  Section  11-501
 9    of  the  Illinois  Vehicle  Code, or a similar provision of a
10    local ordinance, if the violation resulted in personal injury
11    or death, and includes any action  committed  by  a  juvenile
12    that  would  be a violent crime if committed by an adult. For
13    the purposes of this Act,  "personal  injury"  shall  include
14    shall    include    severely   bleeding   wounds,   distorted
15    extremities,  injuries   that   require   immediate   medical
16    attention,  and injuries that require the injured party to be
17    carried from the scene;

18        Section 20. Immigrant  crime  victim  reporting  program.
19    The  Department  of  Human Services shall establish a program
20    for the investigation of crimes committed against victims  in
21    this  State  who  are  undocumented  residents  of the United
22    States.  The Department shall have the duty and authority  to
23    investigate  all  criminal complaints made by victims who are
24    undocumented residents of the United  States  and  shall  not
25    release  to any other State or federal agency any identifying
26    information about the victim or his or her family unless  the
27    victim  signs  a  written  document  allowing this release of
28    information.  Even if the victim does not sign this  release,
29    the Department has the obligation to investigate the victim's
30    complaint.

31        Section  25.   Petition  by Governor.  In cases where the
32    legal immigration status is necessary for  the  investigation
 
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 1    or  prosecution  of  any violent crime or felony offense, the
 2    Governor of this State shall petition the appropriate federal
 3    agency to obtain legal immigration status for the  victim  or
 4    any witness necessary to the investigation or prosecution.

 5        Section 99.  This Act takes effect upon becoming law.