Full Text of SB0042 96th General Assembly
SB0042 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0042
Introduced 1/30/2009, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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405 ILCS 5/3-800 |
from Ch. 91 1/2, par. 3-800 |
725 ILCS 120/6 |
from Ch. 38, par. 1406 |
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Amends the Mental Health and Developmental Disabilities Code and the Rights of Crime Victims and Witnesses Act. Provides that if a criminal defendant has been found not guilty by reason of insanity of a violent crime and a hearing has been ordered by the court under the Mental Health and Developmental Disabilities Code to determine if the defendant is: (1) in need of mental health services on an inpatient basis; (2) in need of mental health services on an outpatient basis; or (3) not in need of mental health services, the victim or the victim's spouse,
guardian, parent, grandparent, or other immediate family or household member shall have the right to present a victim's impact statement at the commitment hearing.
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A BILL FOR
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SB0042 |
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LRB096 00916 RLC 10923 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 Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Section 3-800 as | 6 |
| follows:
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| (405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
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| Sec. 3-800.
(a) Unless otherwise indicated, court hearings | 9 |
| under this
Chapter shall be held pursuant to this Article. | 10 |
| Hearings shall be held
in such quarters as the court directs.
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| To the extent practical, hearings shall be held in the mental | 12 |
| health facility
where the respondent is hospitalized. Any party | 13 |
| may request a change of
venue or transfer to any other county | 14 |
| because of the convenience of parties
or witnesses or the | 15 |
| condition of the respondent. The respondent may
request to have | 16 |
| the proceedings transferred to the county of his residence.
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| (b) If the court grants a continuance on its own motion or | 18 |
| upon the motion
of one of the parties, the respondent may | 19 |
| continue to be detained pending
further order of the court. | 20 |
| Such continuance shall not extend beyond 15
days except to the | 21 |
| extent that continuances are requested by the respondent.
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| (c) Court hearings under this Chapter, including hearings | 23 |
| under Section
2-107.1, shall be open to the press and public |
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SB0042 |
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LRB096 00916 RLC 10923 b |
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| unless the
respondent or some other party requests that they be | 2 |
| closed. The court may
also indicate its intention to close a | 3 |
| hearing, including when it determines
that the respondent may | 4 |
| be unable to make a reasoned decision to request that
the
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| hearing be closed. A request that a hearing be closed shall be
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| granted unless there is an objection to closing the hearing by | 7 |
| a party or any
other person. If
an objection is made, the court | 8 |
| shall not close the hearing unless, following a
hearing, it | 9 |
| determines that the patient's interest in having the hearing | 10 |
| closed
is compelling. The court shall support its determination | 11 |
| with written findings
of fact and conclusions of law. The court | 12 |
| shall not close the hearing if the
respondent objects to its | 13 |
| closure. Whenever a court determines that a hearing
shall be | 14 |
| closed, access to the records of the hearing, including but not
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| limited to transcripts and pleadings, shall be limited to the | 16 |
| parties involved
in the hearing, court personnel, and any | 17 |
| person or agency providing mental
health services that are the | 18 |
| subject of the hearing. Access may also
be granted, however, | 19 |
| pursuant to the provisions of the Mental Health and
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| Developmental
Disabilities Confidentiality Act. | 21 |
| (d) The provisions of Section 6 of the Rights of Crime | 22 |
| Victims and Witnesses Act shall apply if a criminal defendant | 23 |
| has been found not guilty by reason of insanity of a violent | 24 |
| crime and a hearing has been ordered by the court under this | 25 |
| Code to determine if the defendant is: (1) in need of mental | 26 |
| health services on an inpatient basis; (2) in need of mental |
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SB0042 |
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LRB096 00916 RLC 10923 b |
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| health services on an outpatient basis; or (3) not in need of | 2 |
| mental health services.
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| (Source: P.A. 90-538, eff. 12-1-97.)
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| Section 10. The Rights of Crime Victims and Witnesses Act | 5 |
| is amended by changing Section 6 as follows:
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| (725 ILCS 120/6) (from Ch. 38, par. 1406)
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| (Text of Section after amendment by P.A. 95-591 )
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| Sec. 6. Rights to present victim impact statement.
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| (a) In any case where a defendant has been convicted of a | 10 |
| violent crime or a
juvenile has been adjudicated a delinquent | 11 |
| for a violent crime and a victim of the violent crime or the | 12 |
| victim's spouse,
guardian, parent, grandparent, or other | 13 |
| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition | 15 |
| hearing,
the victim or his or her representative shall have the | 16 |
| right and the victim's
spouse, guardian, parent, grandparent, | 17 |
| and other immediate
family or household member upon his, her, | 18 |
| or
their request may be permitted by the court to address the
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| court regarding the impact that the defendant's criminal | 20 |
| conduct
or the
juvenile's delinquent conduct has had upon them | 21 |
| and the victim.
The court has discretion to determine the | 22 |
| number of oral presentations of victim impact statements.
Any | 23 |
| impact
statement must have been prepared in writing in | 24 |
| conjunction with the Office
of the State's Attorney prior to |
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LRB096 00916 RLC 10923 b |
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| the initial hearing or sentencing, before
it can be presented | 2 |
| orally or in writing at the sentencing hearing. In
conjunction | 3 |
| with the Office of the State's Attorney, a victim impact | 4 |
| statement
that is presented orally may be done so by the victim | 5 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 6 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may | 8 |
| introduce
that evidence either in its
case in chief or in | 9 |
| rebuttal. The court shall
consider any impact statement | 10 |
| admitted
along with
all
other appropriate factors in | 11 |
| determining the sentence of the defendant or
disposition of | 12 |
| such juvenile.
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| (a-5) In any case where a defendant has been found not | 14 |
| guilty by reason of insanity of a violent crime and a hearing | 15 |
| has been ordered by the court under the Mental Health and | 16 |
| Developmental Disabilities Code to determine if the defendant | 17 |
| is: (1) in need of mental health services on an inpatient | 18 |
| basis; (2) in need of mental health services on an outpatient | 19 |
| basis; or (3) not in need of mental health services and a | 20 |
| victim of the violent crime or the victim's spouse,
guardian, | 21 |
| parent, grandparent, or other immediate family or household | 22 |
| member is present in
the
courtroom at the time of the | 23 |
| commitment hearing, the victim or his or her representative | 24 |
| shall have the right and the victim's
spouse, guardian, parent, | 25 |
| grandparent, and other immediate
family or household member | 26 |
| upon his, her, or
their request may be permitted by the court |
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SB0042 |
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LRB096 00916 RLC 10923 b |
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| to address the
court regarding the impact that the defendant's | 2 |
| criminal conduct has had upon them and the victim.
The court | 3 |
| has discretion to determine the number of oral presentations of | 4 |
| victim impact statements.
Any impact
statement must have been | 5 |
| prepared in writing in conjunction with the Office
of the | 6 |
| State's Attorney prior to the commitment hearing, before
it can | 7 |
| be presented orally or in writing at the commitment hearing. In
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| conjunction with the Office of the State's Attorney, a victim | 9 |
| impact statement
that is presented orally may be done so by the | 10 |
| victim or the victim's spouse,
guardian, parent, grandparent, | 11 |
| or other immediate family or household member or
his,
her, or | 12 |
| their
representative. At the commitment hearing, the State's | 13 |
| Attorney may introduce
that evidence either in its
case in | 14 |
| chief or in rebuttal. The court shall
consider any impact | 15 |
| statement admitted
along with
all
other appropriate factors in | 16 |
| determining whether the defendant is: (1) in need of mental | 17 |
| health services on an inpatient basis; (2) in need of mental | 18 |
| health services on an outpatient basis; or (3) not in need of | 19 |
| mental health services. | 20 |
| (b) The crime victim has the right to prepare a victim | 21 |
| impact statement
and present it to the Office of the State's | 22 |
| Attorney at any time during the
proceedings. Any written victim | 23 |
| impact statement submitted to the Office of the State's | 24 |
| Attorney shall be considered by the court during its | 25 |
| consideration of aggravation and mitigation in plea | 26 |
| proceedings under Supreme Court Rule 402.
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LRB096 00916 RLC 10923 b |
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| (c) This Section shall apply to any victims of a violent | 2 |
| crime during any
dispositional hearing under Section 5-705 of | 3 |
| the Juvenile Court
Act of 1987 which takes place pursuant to an | 4 |
| adjudication or trial or plea of
delinquency for any such | 5 |
| offense.
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| (Source: P.A. 95-591, eff. 6-1-08.)
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