Illinois General Assembly - Full Text of HB1237
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Full Text of HB1237  97th General Assembly

HB1237 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1237

 

Introduced 02/08/11, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Finance Act. Creates the Crime Victims' Rights Compliance Officer Fund as a special fund in the State treasury. Amends the Illinois Police Training Act. Provides that the curriculum established by the Illinois Law Enforcement Training Standards Board shall include training in techniques designed to promote effective communication with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Violent Crime Victim's Assistance Act. Amends the Rights of Crime Victims and Witnesses Act. Creates the Office of the Crime Victims' Rights Compliance Officer. Provides that the Crime Victims' Rights Compliance Officer shall be appointed by the Governor from a list of at least 3 persons, prepared and submitted by the Violent Crimes Advisory Commission, to serve a 3-year term at the pleasure of the Governor. Establishes the duties of the Crime Victims' Rights Compliance Officer. Provides that any person who willfully or maliciously commits a violation of the Rights of Crime Victims and Witnesses Act is liable for a civil penalty not to exceed $1,000. Provides that such action may only be pursued by the Crime Victims' Rights Compliance Officer. Provides that if after the Crime Victims' Rights Compliance Officer receives and investigates a complaint of a violation of the Act and concludes that a willful and malicious violation has occurred, he or she shall generate a report detailing his or her findings of fact, conclusions as to the specific legal violations, and recommended sanctions. Establishes court procedures for pursuing the sanctions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1237LRB097 06157 RLC 46231 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 5. The State Finance Act is amended by adding
5Sections 5.786 and 6z-87 as follows:
 
6    (30 ILCS 105/5.786 new)
7    Sec. 5.786. The Crime Victims' Rights Compliance Officer
8Fund.
 
9    (30 ILCS 105/6z-87 new)
10    Sec. 6z-87. The Crime Victims' Rights Compliance Officer
11Fund. There is created in the State treasury a special fund to
12be known as the Crime Victims' Rights Compliance Officer Fund.
13Moneys deposited into the Fund may, subject to appropriation,
14be used by the Crime Victims' Rights Compliance Officer. The
15moneys in the Fund shall be disbursed to the Crime Victims'
16Rights Compliance Officer to accomplish the purposes set out in
17Section 11 of the Rights of Crime Victims and Witnesses Act.
18Such amounts shall be collected by the Clerk of the Circuit
19Court. Each such penalty collected under Section 11 of the
20Rights of Crime Victims and Witnesses Act shall be remitted by
21the Clerk of the Circuit Court within one month after receipt
22to the State Treasurer for deposit into the Crime Victims'

 

 

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1Rights Compliance Officer Fund.
 
2    Section 10. The Illinois Police Training Act is amended by
3changing Section 7 as follows:
 
4    (50 ILCS 705/7)  (from Ch. 85, par. 507)
5    Sec. 7. Rules and standards for schools. The Board shall
6adopt rules and minimum standards for such schools which shall
7include but not be limited to the following:
8    a. The curriculum for probationary police officers which
9shall be offered by all certified schools shall include but not
10be limited to courses of arrest, search and seizure, civil
11rights, human relations, cultural diversity, including racial
12and ethnic sensitivity, criminal law, law of criminal
13procedure, vehicle and traffic law including uniform and
14non-discriminatory enforcement of the Illinois Vehicle Code,
15traffic control and accident investigation, techniques of
16obtaining physical evidence, court testimonies, statements,
17reports, firearms training, first-aid (including
18cardiopulmonary resuscitation), handling of juvenile
19offenders, recognition of mental conditions which require
20immediate assistance and methods to safeguard and provide
21assistance to a person in need of mental treatment, law of
22evidence, the hazards of high-speed police vehicle chases with
23an emphasis on alternatives to the high-speed chase, and
24physical training. The curriculum shall include specific

 

 

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1training in techniques for immediate response to and
2investigation of cases of domestic violence and of sexual
3assault of adults and children. The curriculum shall include
4training in techniques designed to promote effective
5communication with crime victims and ways to comprehensively
6explain to victims and witnesses their rights under the Rights
7of Crime Victims and Witnesses Act and the Violent Crime
8Victim's Assistance Act. For the purposes of developing and
9maintaining a victim's rights curriculum, the Board shall be
10eligible to receive grants from the Violent Crime Victims
11Assistance Fund. The curriculum shall also include a block of
12instruction aimed at identifying and interacting with persons
13with autism and other developmental disabilities, reducing
14barriers to reporting crimes against persons with autism, and
15addressing the unique challenges presented by cases involving
16victims or witnesses with autism and other developmental
17disabilities. The curriculum for permanent police officers
18shall include but not be limited to (1) refresher and
19in-service training in any of the courses listed above in this
20subparagraph, (2) advanced courses in any of the subjects
21listed above in this subparagraph, (3) training for supervisory
22personnel, and (4) specialized training in subjects and fields
23to be selected by the board.
24    b. Minimum courses of study, attendance requirements and
25equipment requirements.
26    c. Minimum requirements for instructors.

 

 

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1    d. Minimum basic training requirements, which a
2probationary police officer must satisfactorily complete
3before being eligible for permanent employment as a local law
4enforcement officer for a participating local governmental
5agency. Those requirements shall include training in first aid
6(including cardiopulmonary resuscitation).
7    e. Minimum basic training requirements, which a
8probationary county corrections officer must satisfactorily
9complete before being eligible for permanent employment as a
10county corrections officer for a participating local
11governmental agency.
12    f. Minimum basic training requirements which a
13probationary court security officer must satisfactorily
14complete before being eligible for permanent employment as a
15court security officer for a participating local governmental
16agency. The Board shall establish those training requirements
17which it considers appropriate for court security officers and
18shall certify schools to conduct that training.
19    A person hired to serve as a court security officer must
20obtain from the Board a certificate (i) attesting to his or her
21successful completion of the training course; (ii) attesting to
22his or her satisfactory completion of a training program of
23similar content and number of hours that has been found
24acceptable by the Board under the provisions of this Act; or
25(iii) attesting to the Board's determination that the training
26course is unnecessary because of the person's extensive prior

 

 

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1law enforcement experience.
2    Individuals who currently serve as court security officers
3shall be deemed qualified to continue to serve in that capacity
4so long as they are certified as provided by this Act within 24
5months of the effective date of this amendatory Act of 1996.
6Failure to be so certified, absent a waiver from the Board,
7shall cause the officer to forfeit his or her position.
8    All individuals hired as court security officers on or
9after the effective date of this amendatory Act of 1996 shall
10be certified within 12 months of the date of their hire, unless
11a waiver has been obtained by the Board, or they shall forfeit
12their positions.
13    The Sheriff's Merit Commission, if one exists, or the
14Sheriff's Office if there is no Sheriff's Merit Commission,
15shall maintain a list of all individuals who have filed
16applications to become court security officers and who meet the
17eligibility requirements established under this Act. Either
18the Sheriff's Merit Commission, or the Sheriff's Office if no
19Sheriff's Merit Commission exists, shall establish a schedule
20of reasonable intervals for verification of the applicants'
21qualifications under this Act and as established by the Board.
22(Source: P.A. 95-171, eff. 1-1-08.)
 
23    Section 15. The Rights of Crime Victims and Witnesses Act
24is amended by changing Sections 3, 4, 4.5, and 9 and by adding
25Sections 10 and 11 as follows:
 

 

 

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1    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
2    Sec. 3. The terms used in this Act, unless the context
3clearly requires otherwise, shall have the following meanings:
4    (a) "Crime victim" and "victim" mean (1) a person
5physically injured in this State as a result of a violent crime
6perpetrated or attempted against that person or (2) a person
7who suffers injury to or loss of property as a result of a
8violent crime perpetrated or attempted against that person or
9(3) a single representative who may be the spouse, parent,
10child or sibling of a person killed as a result of a violent
11crime perpetrated against the person killed or the spouse,
12parent, child or sibling of any person granted rights under
13this Act who is physically or mentally incapable of exercising
14such rights, except where the spouse, parent, child or sibling
15is also the defendant or prisoner or (4) any person against
16whom a violent crime has been committed or (5) any person who
17has suffered personal injury as a result of a violation of
18Section 11-501 of the Illinois Vehicle Code, or of a similar
19provision of a local ordinance, or of Section 9-3 of the
20Criminal Code of 1961, as amended or (6) in proceedings under
21the Juvenile Court Act of 1987, both parents, legal guardians,
22foster parents, or a single adult representative of a minor or
23disabled person who is a crime victim.
24    (b) "Witness" means any person who personally observed the
25commission of a violent crime and who will testify on behalf of

 

 

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1the State of Illinois in the criminal prosecution of the
2violent crime.
3    (c) "Violent Crime" means any felony in which force or
4threat of force was used against the victim, or any offense
5involving sexual exploitation, sexual conduct or sexual
6penetration, or a violation of Section 11-20.1 or 11-20.3 of
7the Criminal Code of 1961, domestic battery, violation of an
8order of protection, stalking, or any misdemeanor which results
9in death or great bodily harm to the victim or any violation of
10Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
11the Illinois Vehicle Code, or a similar provision of a local
12ordinance, if the violation resulted in personal injury or
13death, and includes any action committed by a juvenile that
14would be a violent crime if committed by an adult. For the
15purposes of this paragraph, "personal injury" shall include any
16Type A injury as indicated on the traffic accident report
17completed by a law enforcement officer that requires immediate
18professional attention in either a doctor's office or medical
19facility. A type A injury shall include severely bleeding
20wounds, distorted extremities, and injuries that require the
21injured party to be carried from the scene.
22    (d) "Sentencing Hearing" means any hearing where a sentence
23is imposed by the court on a convicted defendant and includes
24hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
25and 5-7-7 of the Unified Code of Corrections except those cases
26in which both parties have agreed to the imposition of a

 

 

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1specific sentence.
2    (e) "Court proceedings" includes the preliminary hearing,
3any hearing the effect of which may be the release of the
4defendant from custody or to alter the conditions of bond, the
5trial, sentencing hearing, notice of appeal, any modification
6of sentence, probation revocation hearings or parole hearings.
7    (f) "Concerned citizen" includes relatives of the victim,
8friends of the victim, witnesses to the crime, or any other
9person associated with the victim or prisoner.
10    (g) "First responder" means any police officer of a local
11governmental agency who is primarily responsible for
12prevention or detection of crime and the enforcement of the
13criminal laws of this State.
14(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
1596-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
 
16    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
17    Sec. 4. Rights of crime victims.
18    (a) Crime victims shall have the following rights:
19        (1) The right to be treated with fairness and respect
20    for their dignity and privacy throughout the criminal
21    justice process.
22        (2) The right to notification of court proceedings.
23        (3) The right to communicate with the prosecution.
24        (4) The right to make a statement to the court at
25    sentencing.

 

 

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1        (5) The right to information about the conviction,
2    sentence, imprisonment and release of the accused.
3        (6) The right to the timely disposition of the case
4    following the arrest of the accused.
5        (7) The right to be reasonably protected from the
6    accused through the criminal justice process.
7        (8) The right to be present at the trial and all other
8    court proceedings on the same basis as the accused, unless
9    the victim is to testify and the court determines that the
10    victim's testimony would be materially affected if the
11    victim hears other testimony at the trial.
12        (9) the right to have present at all court proceedings,
13    including proceedings under the Juvenile Court Act of 1987,
14    subject to the admonition of the rules of confidentiality
15    and subject to the rules of evidence, a victim-witness
16    specialist, an advocate or other support person of the
17    victim's choice.
18        (10) The right to restitution.
19    (b) A statement and explanation of the rights of crime
20victims set forth in this Act paragraph (a) of this Section
21shall be given to a crime victim at the initial contact with
22the criminal justice system by a first responder the
23appropriate authorities and the rights set forth in subsection
24(a) of this Section shall be conspicuously posted in all court
25facilities.
26(Source: P.A. 95-591, eff. 6-1-08.)
 

 

 

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1    (725 ILCS 120/4.5)
2    Sec. 4.5. Procedures to implement the rights of crime
3victims. To afford crime victims their rights, law enforcement,
4prosecutors, judges and corrections will provide information,
5as appropriate of the following procedures:
6    (a) Law At the request of the crime victim, law enforcement
7authorities investigating the case shall provide timely notice
8of the status of the investigation, except where the State's
9Attorney determines that disclosure of such information would
10unreasonably interfere with the investigation, until such time
11as the alleged assailant is apprehended or the investigation is
12closed.
13    (b) The office of the State's Attorney:
14        (1) shall provide notice of the filing of information,
15    the return of an indictment by which a prosecution for any
16    violent crime is commenced, or the filing of a petition to
17    adjudicate a minor as a delinquent for a violent crime;
18        (2) shall provide notice of the date, time, and place
19    of trial;
20        (3) or victim advocate personnel shall provide
21    information of social services and financial assistance
22    available for victims of crime, including information of
23    how to apply for these services and assistance;
24        (4) shall assist in having any stolen or other personal
25    property held by law enforcement authorities for

 

 

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1    evidentiary or other purposes returned as expeditiously as
2    possible, pursuant to the procedures set out in Section
3    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 a
10    secure waiting area during court proceedings that does not
11    require victims to be in close proximity to defendant or
12    juveniles accused of a violent crime, and their families
13    and friends;
14        (7) shall provide notice to the crime victim of the
15    right to have a translator present at all court proceedings
16    and, in compliance with the federal Americans with
17    Disabilities Act of 1990, the right to communications
18    access through a sign language interpreter or by other
19    means;
20        (8) in the case of the death of a person, which death
21    occurred in the same transaction or occurrence in which
22    acts occurred for which a defendant is charged with an
23    offense, shall notify the spouse, parent, child or sibling
24    of the decedent of the date of the trial of the person or
25    persons allegedly responsible for the death;
26        (9) shall inform the victim of the right to have

 

 

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1    present at all court proceedings, subject to the rules of
2    evidence, an advocate or other support person of the
3    victim's choice, and the right to retain an attorney, at
4    the victim's own expense, who, upon written notice filed
5    with the clerk of the court and State's Attorney, is to
6    receive copies of all notices, motions and court orders
7    filed thereafter in the case, in the same manner as if the
8    victim were a named party in the case;
9        (10) at the sentencing hearing shall make a good faith
10    attempt to explain the minimum amount of time during which
11    the defendant may actually be physically imprisoned. The
12    Office of the State's Attorney shall further notify the
13    crime victim of the right to request from the Prisoner
14    Review Board information concerning the release of the
15    defendant under subparagraph (d)(1) of this Section;
16        (11) shall request restitution at sentencing and shall
17    consider restitution in any plea negotiation, as provided
18    by law; and
19        (12) shall, upon the court entering a verdict of not
20    guilty by reason of insanity, inform the victim of the
21    notification services available from the Department of
22    Human Services, including the statewide telephone number,
23    under subparagraph (d)(2) of this Section.
24    (c) At the written request of the crime victim, the office
25of the State's Attorney shall:
26        (1) provide notice a reasonable time in advance of the

 

 

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1    following court proceedings: preliminary hearing, any
2    hearing the effect of which may be the release of defendant
3    from custody, or to alter the conditions of bond and the
4    sentencing hearing. The crime victim shall also be notified
5    of the cancellation of the court proceeding in sufficient
6    time, wherever possible, to prevent an unnecessary
7    appearance in court;
8        (2) provide notice within a reasonable time after
9    receipt of notice from the custodian, of the release of the
10    defendant on bail or personal recognizance or the release
11    from detention of a minor who has been detained for a
12    violent crime;
13        (3) explain in nontechnical language the details of any
14    plea or verdict of a defendant, or any adjudication of a
15    juvenile as a delinquent for a violent crime;
16        (4) where practical, consult with the crime victim
17    before the Office of the State's Attorney makes an offer of
18    a plea bargain to the defendant or enters into negotiations
19    with the defendant concerning a possible plea agreement,
20    and shall consider the written victim impact statement, if
21    prepared prior to entering into a plea agreement;
22        (5) provide notice of the ultimate disposition of the
23    cases arising from an indictment or an information, or a
24    petition to have a juvenile adjudicated as a delinquent for
25    a violent crime;
26        (6) provide notice of any appeal taken by the defendant

 

 

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1    and information on how to contact the appropriate agency
2    handling the appeal;
3        (7) provide notice of any request for post-conviction
4    review filed by the defendant under Article 122 of the Code
5    of Criminal Procedure of 1963, and of the date, time and
6    place of any hearing concerning the petition. Whenever
7    possible, notice of the hearing shall be given in advance;
8        (8) forward a copy of any statement presented under
9    Section 6 to the Prisoner Review Board to be considered by
10    the Board in making its determination under subsection (b)
11    of Section 3-3-8 of the Unified Code of Corrections.
12    (d) (1) The Prisoner Review Board shall inform a victim or
13any other concerned citizen, upon written request, of the
14prisoner's release on parole, mandatory supervised release,
15electronic detention, work release, international transfer or
16exchange, or by the custodian of the discharge of any
17individual who was adjudicated a delinquent for a violent crime
18from State custody and by the sheriff of the appropriate county
19of any such person's final discharge from county custody. The
20Prisoner Review Board, upon written request, shall provide to a
21victim or any other concerned citizen a recent photograph of
22any person convicted of a felony, upon his or her release from
23custody. The Prisoner Review Board, upon written request, shall
24inform a victim or any other concerned citizen when feasible at
25least 7 days prior to the prisoner's release on furlough of the
26times and dates of such furlough. Upon written request by the

 

 

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1victim or any other concerned citizen, the State's Attorney
2shall notify the person once of the times and dates of release
3of a prisoner sentenced to periodic imprisonment. Notification
4shall be based on the most recent information as to victim's or
5other concerned citizen's residence or other location
6available to the notifying authority.
7    (2) When the defendant has been committed to the Department
8of Human Services pursuant to Section 5-2-4 or any other
9provision of the Unified Code of Corrections, the victim may
10request to be notified by the releasing authority of the
11defendant's furloughs, temporary release, or final discharge
12from State custody. The Department of Human Services shall
13establish and maintain a statewide telephone number to be used
14by victims to make notification requests under these provisions
15and shall publicize this telephone number on its website and to
16the State's Attorney of each county.
17    (3) In the event of an escape from State custody, the
18Department of Corrections or the Department of Juvenile Justice
19immediately shall notify the Prisoner Review Board of the
20escape and the Prisoner Review Board shall notify the victim.
21The notification shall be based upon the most recent
22information as to the victim's residence or other location
23available to the Board. When no such information is available,
24the Board shall make all reasonable efforts to obtain the
25information and make the notification. When the escapee is
26apprehended, the Department of Corrections or the Department of

 

 

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1Juvenile Justice immediately shall notify the Prisoner Review
2Board and the Board shall notify the victim.
3    (4) The victim of the crime for which the prisoner has been
4sentenced shall receive reasonable written notice not less than
530 days prior to the parole interview and may submit, in
6writing, on film, videotape or other electronic means or in the
7form of a recording or in person at the parole interview or if
8a victim of a violent crime, by calling the toll-free number
9established in subsection (f) of this Section, information for
10consideration by the Prisoner Review Board. The victim shall be
11notified within 7 days after the prisoner has been granted
12parole and shall be informed of the right to inspect the
13registry of parole decisions, established under subsection (g)
14of Section 3-3-5 of the Unified Code of Corrections. The
15provisions of this paragraph (4) are subject to the Open Parole
16Hearings Act.
17    (5) If a statement is presented under Section 6, the
18Prisoner Review Board shall inform the victim of any order of
19discharge entered by the Board pursuant to Section 3-3-8 of the
20Unified Code of Corrections.
21    (6) At the written request of the victim of the crime for
22which the prisoner was sentenced or the State's Attorney of the
23county where the person seeking parole was prosecuted, the
24Prisoner Review Board shall notify the victim and the State's
25Attorney of the county where the person seeking parole was
26prosecuted of the death of the prisoner if the prisoner died

 

 

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1while on parole or mandatory supervised release.
2    (7) When a defendant who has been committed to the
3Department of Corrections, the Department of Juvenile Justice,
4or the Department of Human Services is released or discharged
5and subsequently committed to the Department of Human Services
6as a sexually violent person and the victim had requested to be
7notified by the releasing authority of the defendant's
8discharge from State custody, the releasing authority shall
9provide to the Department of Human Services such information
10that would allow the Department of Human Services to contact
11the victim.
12    (8) When a defendant has been convicted of a sex offense as
13defined in Section 2 of the Sex Offender Registration Act and
14has been sentenced to the Department of Corrections or the
15Department of Juvenile Justice, the Prisoner Review Board shall
16notify the victim of the sex offense of the prisoner's
17eligibility for release on parole, mandatory supervised
18release, electronic detention, work release, international
19transfer or exchange, or by the custodian of the discharge of
20any individual who was adjudicated a delinquent for a sex
21offense from State custody and by the sheriff of the
22appropriate county of any such person's final discharge from
23county custody. The notification shall be made to the victim at
24least 30 days, whenever possible, before release of the sex
25offender.
26    (e) The officials named in this Section may satisfy some or

 

 

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1all of their obligations to provide notices and other
2information through participation in a statewide victim and
3witness notification system established by the Attorney
4General under Section 8.5 of this Act.
5    (f) To permit a victim of a violent crime to provide
6information to the Prisoner Review Board for consideration by
7the Board at a parole hearing of a person who committed the
8crime against the victim in accordance with clause (d)(4) of
9this Section or at a proceeding to determine the conditions of
10mandatory supervised release of a person sentenced to a
11determinate sentence or at a hearing on revocation of mandatory
12supervised release of a person sentenced to a determinate
13sentence, the Board shall establish a toll-free number that may
14be accessed by the victim of a violent crime to present that
15information to the Board.
16(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
1795-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
1896-875, eff. 1-22-10.)
 
19    (725 ILCS 120/9)  (from Ch. 38, par. 1408)
20    Sec. 9. This Act does not limit any rights or
21responsibilities otherwise enjoyed by or imposed upon victims
22or witnesses of violent crime, nor does it grant any person a
23cause of action for damages or attorneys fees. Except as
24provided in Section 11, any Any act of omission or commission
25by any law enforcement officer, circuit court clerk, or State's

 

 

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1Attorney, by the Attorney General, Prisoner Review Board,
2Department of Corrections, the Department of Juvenile Justice,
3Department of Human Services, or other State agency, or private
4entity under contract pursuant to Section 8, or by any employee
5of any State agency or private entity under contract pursuant
6to Section 8 acting in good faith in rendering crime victim's
7assistance or otherwise enforcing this Act shall not impose
8civil liability upon the individual or entity or his or her
9supervisor or employer. Nothing in this Act shall create a
10basis for vacating a conviction or a ground for appellate
11relief in any criminal case. Failure of the crime victim to
12receive notice as required, however, shall not deprive the
13court of the power to act regarding the proceeding before it;
14nor shall any such failure grant the defendant the right to
15seek a continuance.
16(Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06.)
 
17    (725 ILCS 120/10 new)
18    Sec. 10. Crime Victims' Rights Compliance Officer.
19    (a) There shall be established an Office of the Crime
20Victims' Rights Compliance Officer. The Crime Victims' Rights
21Compliance Officer shall be appointed by the Governor from a
22list of at least 3 persons, prepared and submitted by the
23Violent Crimes Advisory Commission, to serve a 3-year term at
24the pleasure of the Governor. The compensation and funding for
25the Crime Victims' Rights Compliance Officer shall be made from

 

 

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1the Crime Victims' Rights Compliance Officer Fund as well as
2other public and private sources of funding as set out in
3subsection (f). The Crime Victims' Rights Compliance Officer
4may, within available funds, appoint such staff as may be
5deemed necessary. The duties of the staff may include the
6duties of the Crime Victims' Rights Compliance Officer if
7performed under the Officer's direction.
8    (b) The Crime Victims' Rights Compliance Officer shall,
9subject to appropriation:
10        (1) act as a liaison, when the Officer deems necessary,
11    between agencies, either in the criminal justice system or
12    in victim assistance programs, and victims and witnesses;
13        (2) coordinate and cooperate with other private and
14    public agencies concerned with the implementation,
15    monitoring, and enforcement of the constitutional rights
16    of victims and enter into cooperative agreements with
17    public or private agencies for the furtherance of the
18    constitutional rights of victims;
19        (3) evaluate the delivery of services to victims by
20    State agencies and those entities that provide services to
21    victims;
22        (4) review the procedures established by any State
23    agency or other entity providing services to victims with
24    respect to the constitutional rights of victims;
25        (5) receive and review complaints of persons
26    concerning the actions of any State or other entity

 

 

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1    providing services to victims. The Officer may prescribe
2    the methods by which complaints are to be made, received,
3    and acted upon; may determine the scope and manner of
4    investigations to be made; and may determine the form,
5    frequency, and distribution of the Officer's conclusions,
6    recommendations, and proposals. After completing
7    investigation of a complaint, the Officer shall inform in
8    writing the complainant, the investigated person or
9    entity, and other appropriate authorities of the action
10    taken. If the complaint involved the conduct of an element
11    of the criminal justice system in relation to a criminal or
12    civil proceeding, the Officer's findings shall be
13    forwarded to the court in which the proceeding occurred;
14        (6) investigate, with or without complaint, situations
15    where it appears that a victim or family of a victim may be
16    in need of assistance from the Crime Victims' Rights
17    Compliance Officer;
18        (7) file a limited special appearance in any court
19    proceeding for the purpose of advocating for any right
20    guaranteed to a crime victim by the Illinois Constitution
21    or any right provided to a crime victim by any provision of
22    Illinois law;
23        (8) recommend changes in State policies concerning
24    victims, including changes in the system of providing
25    victim services.
26    (c) All State, local, and private agencies shall have a

 

 

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1duty to cooperate with any investigation conducted by the Crime
2Victims' Rights Compliance Officer. Consistent with the
3provisions of Illinois law concerning the confidentiality of
4records and information, the Crime Victims' Rights Compliance
5Officer shall have access to, including the right to inspect
6and copy, any records necessary to carry out the
7responsibilities as set forth in subsection (b). Nothing
8contained in this subsection (c) shall be construed to waive a
9victim's right to confidentiality of communications or records
10as protected by any provision of Illinois or common law.
11    (d) In the performance of his or her duties under
12subsection (b), the Crime Victims' Rights Compliance Officer
13may communicate privately with any victim or person who has
14received, is receiving, or should have received services from
15the State. Such communications shall be confidential and not be
16subject to disclosure except as provided by this Section.
17Neither the Officer nor any member of the Officer's staff may
18be compelled to testify or produce evidence in any judicial or
19administrative proceeding with respect to matters involving
20the exercise of official duties under subsection (b) except as
21may be necessary to enforce the provisions of this Section.
22    (e) The name, address, and other personally identifiable
23information of a person who makes a complaint to the Crime
24Victims' Rights Compliance Officer provided in subsection (b),
25all information obtained or generated by the office in the
26course of an investigation, the identity and location of any

 

 

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1person receiving or considered for the receipt of protective
2services and all information obtained or generated by the
3office in the course of monitoring the provision of protective
4services, and all confidential records obtained by the Crime
5Victims' Rights Compliance Officer or his or her designee shall
6be confidential and shall not be subject to disclosure under
7the Freedom of Information Act or otherwise, except that such
8information and records, other than confidential information
9concerning a pending law enforcement investigation or a pending
10prosecution, may be disclosed if the Crime Victims' Rights
11Compliance Officer determines that disclosure is:
12        (1) in the general public interest, or
13        (2) necessary to enable the Crime Victims' Rights
14    Compliance Officer to perform his or her responsibilities
15    under subsection (b), provided in no event shall the name,
16    address, or other personally identifiable information of a
17    person be disclosed without the consent of such person.
18    (f) The Crime Victims' Rights Compliance Officer may apply
19for and accept grants, gifts, and bequests of funds from other
20states, federal, and interstate agencies and independent
21authorities and private firms, individuals, and foundations,
22for the purpose of carrying out his or her responsibilities.
23    (g) The Crime Victims' Rights Compliance Officer shall
24annually submit to the Governor and the General Assembly a
25detailed report analyzing the work of the Office of the Crime
26Victims' Rights Compliance Officer.
 

 

 

HB1237- 24 -LRB097 06157 RLC 46231 b

1    (725 ILCS 120/11 new)
2    Sec. 11. Penalties. Any person who willfully or maliciously
3commits a violation of this Act is liable for a civil penalty
4not to exceed $1,000. Such action may only be pursued by the
5Crime Victims' Rights Compliance Officer within the limits of
6this Section. If after the Crime Victims' Rights Compliance
7Officer receives and investigates a complaint of a violation of
8this Act and concludes that a willful and malicious violation
9has occurred, he or she shall generate a report detailing his
10or her findings of fact, conclusions as to the specific legal
11violations, and recommended sanctions. The Crime Victims'
12Rights Compliance Officer shall then file a complaint alleging
13that a violation has occurred, along with the report required
14by this Section, in the circuit court in which the alleged
15violation occurred. Upon the filing of the complaint and
16report, the circuit court shall set the matter for hearing to
17take place in no less than 30 days. If the court finds that
18based upon a preponderance of the evidence that such violation
19occurred, it shall assess any fines it deems appropriate within
20the limits of this Section and may order any other equitable
21relief necessary to remedy the violation.

 

 

HB1237- 25 -LRB097 06157 RLC 46231 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/5.786 new
4    30 ILCS 105/6z-87 new
5    50 ILCS 705/7from Ch. 85, par. 507
6    725 ILCS 120/3from Ch. 38, par. 1403
7    725 ILCS 120/4from Ch. 38, par. 1404
8    725 ILCS 120/4.5
9    725 ILCS 120/9from Ch. 38, par. 1408
10    725 ILCS 120/10 new
11    725 ILCS 120/11 new