Full Text of HB5947 96th General Assembly
HB5947 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5947
Introduced 2/10/2010, by Rep. Robert F. Flider SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/3 |
from Ch. 38, par. 1403 |
725 ILCS 120/4.5 |
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730 ILCS 5/3-3-13 |
from Ch. 38, par. 1003-3-13 |
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Amends the Rights of Crime Victims and Witnesses Act. Defines "crime victim" to include the spouse, parent, child, or sibling, or any combination of such persons, of a person killed as a result of a
violent crime perpetrated against the person killed. Provides that the office of the State's Attorney shall, at the request of the spouse, parent, child, or sibling of a person killed as the result of a homicide, file a
complaint and apply
to the circuit court for a temporary restraining order, and such circuit
court shall upon hearing grant a temporary restraining order or a
preliminary or permanent injunction, without bond, restraining the perpetrator of the homicide from contacting, regardless of the purpose of the contact, the spouse, parent, child, or sibling of the person killed as the result of a homicide. Amends the Unified Code of Corrections. Provides that any written or electronically transmitted recommendation by the Board to the Governor or his or her agent or employee concerning a petition for a pardon, commutation, or reprieve shall be made available to the public within 24 hours after transmission.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB5947 |
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LRB096 19640 RLC 36410 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Sections 3 and 4.5 as follows:
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| (725 ILCS 120/3) (from Ch. 38, par. 1403)
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| Sec. 3. The terms used in this Act, unless the context | 8 |
| clearly
requires otherwise, shall have the following meanings:
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| (a) "Crime victim" and "victim" mean (1) a person | 10 |
| physically injured in this State as a
result of a violent crime | 11 |
| perpetrated or attempted against that person or (2) a
person | 12 |
| who suffers injury to or loss of property as a result of a | 13 |
| violent crime
perpetrated or attempted against that person or | 14 |
| (3) a single
representative who
may be the spouse, parent, | 15 |
| child or sibling , or any combination of such persons, of a | 16 |
| person killed as a result of a
violent crime perpetrated | 17 |
| against the person killed or the spouse, parent,
child or | 18 |
| sibling of any person granted rights under this Act who is | 19 |
| physically
or mentally incapable of exercising such rights, | 20 |
| except where the spouse,
parent, child or sibling is also the | 21 |
| defendant or prisoner or (4) any person
against whom a violent | 22 |
| crime has been committed or (5) any person
who has suffered | 23 |
| personal injury as a result of a violation of Section 11-501
of |
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HB5947 |
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| the Illinois Vehicle Code, or of a similar provision of a local | 2 |
| ordinance,
or of Section 9-3 of the Criminal Code of 1961, as | 3 |
| amended or (6) in proceedings under the Juvenile Court Act of | 4 |
| 1987, both parents, legal guardians, foster parents, or a | 5 |
| single adult representative of a minor or disabled person who | 6 |
| is a crime victim.
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| (b) "Witness" means any person who personally observed the | 8 |
| commission of
a violent crime and who will testify on behalf of | 9 |
| the State of Illinois in
the criminal prosecution of the | 10 |
| violent crime.
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| (c) "Violent Crime" means any felony in which force or | 12 |
| threat of force was
used against the victim, or any offense | 13 |
| involving sexual exploitation, sexual
conduct or sexual | 14 |
| penetration, or a violation of Section 11-20.1 or 11-20.3 of | 15 |
| the Criminal Code of 1961, domestic battery, violation of an | 16 |
| order of
protection, stalking, or any misdemeanor which results | 17 |
| in death or great bodily
harm to the victim or any violation of | 18 |
| Section 9-3 of the Criminal Code of
1961, or Section 11-501 of | 19 |
| the Illinois Vehicle
Code, or a similar provision of a local | 20 |
| ordinance, if the violation resulted
in personal injury or | 21 |
| death, and includes any action committed by a juvenile
that | 22 |
| would be a violent crime if committed by an adult. For the | 23 |
| purposes of
this paragraph, "personal injury" shall include any | 24 |
| Type A injury as indicated
on the traffic accident report | 25 |
| completed by a law enforcement officer that
requires immediate | 26 |
| professional attention in either a doctor's office or
medical |
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| facility. A type A injury shall include severely bleeding | 2 |
| wounds,
distorted extremities, and injuries that require the | 3 |
| injured party to be
carried from the scene.
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| (d) "Sentencing Hearing" means any hearing where a sentence | 5 |
| is imposed
by the court on a convicted defendant and includes | 6 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 7 |
| and 5-7-7 of the Unified Code of
Corrections except those cases | 8 |
| in which both parties have agreed to the
imposition of a | 9 |
| specific sentence.
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| (e) "Court proceedings" includes the preliminary hearing, | 11 |
| any hearing the
effect of which may be the release of the | 12 |
| defendant from custody or to alter
the conditions of bond, the | 13 |
| trial, sentencing hearing, notice of appeal, any
modification | 14 |
| of sentence, probation revocation hearings or parole hearings.
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| (f) "Concerned citizen"
includes relatives of the victim, | 16 |
| friends of the victim, witnesses to the
crime, or any other | 17 |
| person associated with the victim or prisoner. | 18 |
| (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | 19 |
| 96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime | 22 |
| victims. To afford
crime victims their rights, law enforcement, | 23 |
| prosecutors, judges and
corrections will provide information, | 24 |
| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement |
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| authorities
investigating the case shall provide notice of the | 2 |
| status of the investigation,
except where the State's Attorney | 3 |
| determines that disclosure of such
information would | 4 |
| unreasonably interfere with the investigation, until such
time | 5 |
| as the alleged assailant is apprehended or the investigation is | 6 |
| closed.
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| (b) The office of the State's Attorney:
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| (1) shall provide notice of the filing of information, | 9 |
| the return of an
indictment by which a prosecution for any | 10 |
| violent crime is commenced, or the
filing of a petition to | 11 |
| adjudicate a minor as a delinquent for a violent
crime;
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| (2) shall provide notice of the date, time, and place | 13 |
| of trial;
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| (3) or victim advocate personnel shall provide | 15 |
| information of social
services and financial assistance | 16 |
| available for victims of crime, including
information of | 17 |
| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal | 19 |
| property held by
law enforcement authorities for | 20 |
| evidentiary or other purposes returned as
expeditiously as | 21 |
| possible, pursuant to the procedures set out in Section | 22 |
| 115-9
of the Code of Criminal Procedure of 1963;
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| (5) or victim advocate personnel shall provide | 24 |
| appropriate employer
intercession services to ensure that | 25 |
| employers of victims will cooperate with
the criminal | 26 |
| justice system in order to minimize an employee's loss of |
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| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a | 3 |
| secure waiting
area during court proceedings that does not | 4 |
| require victims to be in close
proximity to defendant or | 5 |
| juveniles accused of a violent crime, and their
families | 6 |
| and friends;
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| (7) shall provide notice to the crime victim of the | 8 |
| right to have a
translator present at all court proceedings | 9 |
| and, in compliance with the federal Americans
with | 10 |
| Disabilities Act of 1990, the right to communications | 11 |
| access through a
sign language interpreter or by other | 12 |
| means;
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| (8) in the case of the death of a person, which death | 14 |
| occurred in the same
transaction or occurrence in which | 15 |
| acts occurred for which a defendant is
charged with an | 16 |
| offense, shall notify the spouse, parent, child or sibling | 17 |
| of
the decedent of the date of the trial of the person or | 18 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 20 |
| present at all court
proceedings, subject to the rules of | 21 |
| evidence, an advocate or other support
person of the | 22 |
| victim's choice, and the right to retain an attorney, at | 23 |
| the
victim's own expense, who, upon written notice filed | 24 |
| with the clerk of the
court and State's Attorney, is to | 25 |
| receive copies of all notices, motions and
court orders | 26 |
| filed thereafter in the case, in the same manner as if the |
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| victim
were a named party in the case;
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| (10) at the sentencing hearing shall make a good faith | 3 |
| attempt to explain
the minimum amount of time during which | 4 |
| the defendant may actually be
physically imprisoned. The | 5 |
| Office of the State's Attorney shall further notify
the | 6 |
| crime victim of the right to request from the Prisoner | 7 |
| Review Board
information concerning the release of the | 8 |
| defendant under subparagraph (d)(1)
of this Section;
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| (11) shall request restitution at sentencing and shall | 10 |
| consider
restitution in any plea negotiation, as provided | 11 |
| by law; and
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| (12) shall, upon the court entering a verdict of not | 13 |
| guilty by reason of insanity, inform the victim of the | 14 |
| notification services available from the Department of | 15 |
| Human Services, including the statewide telephone number, | 16 |
| under subparagraph (d)(2) of this Section ; and . | 17 |
| (13) shall, at the request of the spouse, parent, | 18 |
| child, or sibling of a person killed as the result of a | 19 |
| homicide, file a
complaint and apply
to the circuit court | 20 |
| for a temporary restraining order, and such circuit
court | 21 |
| shall upon hearing grant a temporary restraining order or a
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| preliminary or permanent injunction, without bond, | 23 |
| restraining the perpetrator of the homicide from | 24 |
| contacting, regardless of the purpose of the contact, the | 25 |
| spouse, parent, child, or sibling of the person killed as | 26 |
| the result of a homicide. |
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| (c) At the written request of the crime victim, the office | 2 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the | 4 |
| following court
proceedings: preliminary hearing, any | 5 |
| hearing the effect of which may be the
release of defendant | 6 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 8 |
| of the
cancellation of the court proceeding in sufficient | 9 |
| time, wherever possible, to
prevent an unnecessary | 10 |
| appearance in court;
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| (2) provide notice within a reasonable time after | 12 |
| receipt of notice from
the custodian, of the release of the | 13 |
| defendant on bail or personal recognizance
or the release | 14 |
| from detention of a minor who has been detained for a | 15 |
| violent
crime;
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| (3) explain in nontechnical language the details of any | 17 |
| plea or verdict of
a defendant, or any adjudication of a | 18 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 20 |
| before the Office of
the State's Attorney makes an offer of | 21 |
| a plea bargain to the defendant or
enters into negotiations | 22 |
| with the defendant concerning a possible plea
agreement, | 23 |
| and shall consider the written victim impact statement, if | 24 |
| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the | 26 |
| cases arising from
an indictment or an information, or a |
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| petition to have a juvenile adjudicated
as a delinquent for | 2 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 4 |
| and information
on how to contact the appropriate agency | 5 |
| handling the appeal;
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| (7) provide notice of any request for post-conviction | 7 |
| review filed by the
defendant under Article 122 of the Code | 8 |
| of Criminal Procedure of 1963, and of
the date, time and | 9 |
| place of any hearing concerning the petition. Whenever
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| possible, notice of the hearing shall be given in advance;
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| (8) forward a copy of any statement presented under | 12 |
| Section 6 to the
Prisoner Review Board to be considered by | 13 |
| the Board in making its determination
under subsection (b) | 14 |
| of Section 3-3-8 of the Unified Code of Corrections.
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| (d) (1) The Prisoner Review Board shall inform a victim or | 16 |
| any other
concerned citizen, upon written request, of the | 17 |
| prisoner's release on parole,
mandatory supervised release, | 18 |
| electronic detention, work release, transfer from a facility of | 19 |
| the Department of Correction, international transfer or | 20 |
| exchange, or by the
custodian of the discharge of any | 21 |
| individual who was adjudicated a delinquent
for a violent crime | 22 |
| from State custody and by the sheriff of the appropriate
county | 23 |
| of any such person's final discharge from county custody.
The | 24 |
| Department of Corrections shall inform the Prisoner Review | 25 |
| Board of the transfer of a prisoner from a facility of the | 26 |
| Department. The Prisoner Review Board, upon written request, |
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LRB096 19640 RLC 36410 b |
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| shall provide to a victim or
any other concerned citizen a | 2 |
| recent photograph of any person convicted of a
felony, upon his | 3 |
| or her release from custody.
The Prisoner
Review Board, upon | 4 |
| written request, shall inform a victim or any other
concerned | 5 |
| citizen when feasible at least 7 days prior to the prisoner's | 6 |
| release
on furlough of the times and dates of such furlough. | 7 |
| Upon written request by
the victim or any other concerned | 8 |
| citizen, the State's Attorney shall notify
the person once of | 9 |
| the times and dates of release of a prisoner sentenced to
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| periodic imprisonment. Notification shall be based on the most | 11 |
| recent
information as to victim's or other concerned citizen's | 12 |
| residence or other
location available to the notifying | 13 |
| authority.
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| (2) When the defendant has been committed to the Department | 15 |
| of
Human Services pursuant to Section 5-2-4 or any other
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| provision of the Unified Code of Corrections, the victim may | 17 |
| request to be
notified by the releasing authority of the | 18 |
| defendant's furloughs, temporary release, or final discharge | 19 |
| from State
custody. The Department of Human Services shall | 20 |
| establish and maintain a statewide telephone number to be used | 21 |
| by victims to make notification requests under these provisions | 22 |
| and shall publicize this telephone number on its website and to | 23 |
| the State's Attorney of each county.
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| (3) In the event of an escape from State custody, the | 25 |
| Department of
Corrections or the Department of Juvenile Justice | 26 |
| immediately shall notify the Prisoner Review Board of the |
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| escape
and the Prisoner Review Board shall notify the victim. | 2 |
| The notification shall
be based upon the most recent | 3 |
| information as to the victim's residence or other
location | 4 |
| available to the Board. When no such information is available, | 5 |
| the
Board shall make all reasonable efforts to obtain the | 6 |
| information and make
the notification. When the escapee is | 7 |
| apprehended, the Department of
Corrections or the Department of | 8 |
| Juvenile Justice immediately shall notify the Prisoner Review | 9 |
| Board and the Board
shall notify the victim.
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| (4) The victim of the crime for which the prisoner has been | 11 |
| sentenced
shall receive reasonable written notice not less than | 12 |
| 30 days prior to the
parole interview and may submit, in | 13 |
| writing, on film, videotape or other
electronic means or in the | 14 |
| form of a recording or in person at the parole
interview
or if | 15 |
| a victim of a violent crime, by calling the
toll-free number | 16 |
| established in subsection (f) of this Section, information
for
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| consideration by the Prisoner Review Board. The
victim shall be | 18 |
| notified within 7 days after the prisoner has been granted
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| parole and shall be informed of the right to inspect the | 20 |
| registry of parole
decisions, established under subsection (g) | 21 |
| of Section 3-3-5 of the Unified
Code of Corrections. The | 22 |
| provisions of this paragraph (4) are subject to the
Open Parole | 23 |
| Hearings Act.
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| (5) If a statement is presented under Section 6, the | 25 |
| Prisoner Review Board
shall inform the victim of any order of | 26 |
| discharge entered by the Board pursuant
to Section 3-3-8 of the |
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| Unified Code of Corrections.
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| (6) At the written request of the victim of the crime for | 3 |
| which the
prisoner was sentenced or the State's Attorney of the | 4 |
| county where the person seeking parole was prosecuted, the | 5 |
| Prisoner Review Board shall notify the victim and the State's | 6 |
| Attorney of the county where the person seeking parole was | 7 |
| prosecuted of
the death of the prisoner if the prisoner died | 8 |
| while on parole or mandatory
supervised release.
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| (7) When a defendant who has been committed to the | 10 |
| Department of
Corrections, the Department of Juvenile Justice, | 11 |
| or the Department of Human Services is released or discharged | 12 |
| and
subsequently committed to the Department of Human Services | 13 |
| as a sexually
violent person and the victim had requested to be | 14 |
| notified by the releasing
authority of the defendant's | 15 |
| discharge from State custody, the releasing
authority shall | 16 |
| provide to the Department of Human Services such information
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| that would allow the Department of Human Services to contact | 18 |
| the victim.
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| (8) When a defendant has been convicted of a sex offense as | 20 |
| defined in Section 2 of the Sex Offender Registration Act and | 21 |
| has been sentenced to the Department of Corrections or the | 22 |
| Department of Juvenile Justice, the Prisoner Review Board shall | 23 |
| notify the victim of the sex offense of the prisoner's | 24 |
| eligibility for release on parole,
mandatory supervised | 25 |
| release, electronic detention, work release, international | 26 |
| transfer or exchange, or by the
custodian of the discharge of |
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| any individual who was adjudicated a delinquent
for a sex | 2 |
| offense from State custody and by the sheriff of the | 3 |
| appropriate
county of any such person's final discharge from | 4 |
| county custody. The notification shall be made to the victim at | 5 |
| least 30 days, whenever possible, before release of the sex | 6 |
| offender. | 7 |
| (e) The officials named in this Section may satisfy some or | 8 |
| all of their
obligations to provide notices and other | 9 |
| information through participation in a
statewide victim and | 10 |
| witness notification system established by the Attorney
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| General under Section 8.5 of this Act.
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| (f) To permit a victim of a violent crime to provide | 13 |
| information to the
Prisoner Review Board for consideration by | 14 |
| the
Board at a parole hearing of a person who committed the | 15 |
| crime against
the victim in accordance with clause (d)(4) of | 16 |
| this Section or at a proceeding
to determine the conditions of | 17 |
| mandatory supervised release of a person
sentenced to a | 18 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate | 20 |
| sentence, the Board
shall establish a toll-free number that may | 21 |
| be accessed by the victim of
a violent crime to present that | 22 |
| information to the Board.
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| (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 24 |
| 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | 25 |
| 96-875, eff. 1-22-10.)
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LRB096 19640 RLC 36410 b |
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| Section 10. The Unified Code of Corrections is amended by | 2 |
| changing Section 3-3-13 as follows:
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| (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
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| Sec. 3-3-13. Procedure for Executive Clemency.
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| (a) Petitions seeking pardon, commutation, or reprieve | 6 |
| shall be
addressed to the Governor and filed with the Prisoner | 7 |
| Review
Board. The petition shall be in writing and signed by | 8 |
| the
person under conviction or by a person on his behalf. It | 9 |
| shall
contain a brief history of the case, the reasons for | 10 |
| seeking
executive clemency, and other relevant information the | 11 |
| Board may require.
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| (a-5) After a petition has been denied by the Governor, the | 13 |
| Board may not
accept a repeat petition for executive clemency | 14 |
| for the same person until one
full year has elapsed from the | 15 |
| date of the denial. The Chairman of the Board
may waive the | 16 |
| one-year requirement if the petitioner offers in writing
new | 17 |
| information that was unavailable to the petitioner at the time
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| of the filing of the prior petition and which the Chairman | 19 |
| determines to be
significant. The Chairman also may waive the | 20 |
| one-year
waiting period if the petitioner can show that a | 21 |
| change in circumstances of a
compelling humanitarian nature has | 22 |
| arisen since the denial of the prior
petition.
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| (b) Notice of the proposed application shall be given by
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| the Board to the committing court and the state's attorney of
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| the county where the conviction was had.
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| (c) The Board shall, if requested and upon due notice,
give | 2 |
| a hearing to each application, allowing representation by
| 3 |
| counsel, if desired, after which it shall confidentially
advise | 4 |
| the Governor by a written report of its recommendations
which | 5 |
| shall be determined by majority vote. The Board shall
meet to | 6 |
| consider such petitions no less than 4 times each
year.
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| Application for executive clemency under this Section may | 8 |
| not be commenced
on behalf of a person who has been sentenced | 9 |
| to death without the written
consent of the defendant, unless | 10 |
| the defendant, because of a mental or
physical condition, is | 11 |
| incapable of asserting his or her own claim.
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| (c-5) Any written or electronically transmitted | 13 |
| recommendation by the Board to the Governor or his or her agent | 14 |
| or employee concerning a petition for a pardon, commutation, or | 15 |
| reprieve shall be made available to the public within 24 hours | 16 |
| after transmission. | 17 |
| (d) The Governor shall decide each application and
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| communicate his decision to the Board which shall notify the
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| petitioner.
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| In the event a petitioner who has been convicted of a Class | 21 |
| X felony is
granted a release, after the Governor has | 22 |
| communicated such decision to
the Board, the Board shall give | 23 |
| written notice to the Sheriff of the county
from which the | 24 |
| offender was sentenced if such sheriff has requested that
such | 25 |
| notice be given on a continuing basis. In cases where arrest of | 26 |
| the
offender or the commission of the offense took place in any |
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| municipality
with a population of more than 10,000 persons, the | 2 |
| Board shall also give
written notice to the proper law | 3 |
| enforcement agency for said municipality
which has requested | 4 |
| notice on a continuing basis.
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| (e) Nothing in this Section shall be construed to limit the | 6 |
| power of the
Governor under the constitution to grant a | 7 |
| reprieve, commutation of sentence,
or pardon.
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| (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
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