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

HB1237sam002 97TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 5/26/2011

 

 


 

 


 
09700HB1237sam002LRB097 06157 RLC 56249 a

1
AMENDMENT TO HOUSE BILL 1237

2    AMENDMENT NO. ______. Amend House Bill 1237 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Police Training Act is amended by
5changing Section 7 as follows:
 
6    (50 ILCS 705/7)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include but not be limited to the following:
10    a. The curriculum for probationary police officers which
11shall be offered by all certified schools shall include but not
12be limited to courses of arrest, search and seizure, civil
13rights, human relations, cultural diversity, including racial
14and ethnic sensitivity, criminal law, law of criminal
15procedure, vehicle and traffic law including uniform and
16non-discriminatory enforcement of the Illinois Vehicle Code,

 

 

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1traffic control and accident investigation, techniques of
2obtaining physical evidence, court testimonies, statements,
3reports, firearms training, first-aid (including
4cardiopulmonary resuscitation), handling of juvenile
5offenders, recognition of mental conditions which require
6immediate assistance and methods to safeguard and provide
7assistance to a person in need of mental treatment, law of
8evidence, the hazards of high-speed police vehicle chases with
9an emphasis on alternatives to the high-speed chase, and
10physical training. The curriculum shall include specific
11training in techniques for immediate response to and
12investigation of cases of domestic violence and of sexual
13assault of adults and children. The curriculum shall include
14training in techniques designed to promote effective
15communication at the initial contact with crime victims and
16ways to comprehensively explain to victims and witnesses their
17rights under the Rights of Crime Victims and Witnesses Act and
18the Crime Victims Compensation Act. The curriculum shall also
19include a block of instruction aimed at identifying and
20interacting with persons with autism and other developmental
21disabilities, reducing barriers to reporting crimes against
22persons with autism, and addressing the unique challenges
23presented by cases involving victims or witnesses with autism
24and other developmental disabilities. The curriculum for
25permanent police officers shall include but not be limited to
26(1) refresher and in-service training in any of the courses

 

 

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1listed above in this subparagraph, (2) advanced courses in any
2of the subjects listed above in this subparagraph, (3) training
3for supervisory personnel, and (4) specialized training in
4subjects and fields to be selected by the board.
5    b. Minimum courses of study, attendance requirements and
6equipment requirements.
7    c. Minimum requirements for instructors.
8    d. Minimum basic training requirements, which a
9probationary police officer must satisfactorily complete
10before being eligible for permanent employment as a local law
11enforcement officer for a participating local governmental
12agency. Those requirements shall include training in first aid
13(including cardiopulmonary resuscitation).
14    e. Minimum basic training requirements, which a
15probationary county corrections officer must satisfactorily
16complete before being eligible for permanent employment as a
17county corrections officer for a participating local
18governmental agency.
19    f. Minimum basic training requirements which a
20probationary court security officer must satisfactorily
21complete before being eligible for permanent employment as a
22court security officer for a participating local governmental
23agency. The Board shall establish those training requirements
24which it considers appropriate for court security officers and
25shall certify schools to conduct that training.
26    A person hired to serve as a court security officer must

 

 

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1obtain from the Board a certificate (i) attesting to his or her
2successful completion of the training course; (ii) attesting to
3his or her satisfactory completion of a training program of
4similar content and number of hours that has been found
5acceptable by the Board under the provisions of this Act; or
6(iii) attesting to the Board's determination that the training
7course is unnecessary because of the person's extensive prior
8law enforcement experience.
9    Individuals who currently serve as court security officers
10shall be deemed qualified to continue to serve in that capacity
11so long as they are certified as provided by this Act within 24
12months of the effective date of this amendatory Act of 1996.
13Failure to be so certified, absent a waiver from the Board,
14shall cause the officer to forfeit his or her position.
15    All individuals hired as court security officers on or
16after the effective date of this amendatory Act of 1996 shall
17be certified within 12 months of the date of their hire, unless
18a waiver has been obtained by the Board, or they shall forfeit
19their positions.
20    The Sheriff's Merit Commission, if one exists, or the
21Sheriff's Office if there is no Sheriff's Merit Commission,
22shall maintain a list of all individuals who have filed
23applications to become court security officers and who meet the
24eligibility requirements established under this Act. Either
25the Sheriff's Merit Commission, or the Sheriff's Office if no
26Sheriff's Merit Commission exists, shall establish a schedule

 

 

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1of reasonable intervals for verification of the applicants'
2qualifications under this Act and as established by the Board.
3(Source: P.A. 95-171, eff. 1-1-08.)
 
4    Section 10. The Rights of Crime Victims and Witnesses Act
5is amended by changing Sections 4 and 4.5 as follows:
 
6    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
7    Sec. 4. Rights of crime victims.
8    (a) Crime victims shall have the following rights:
9        (1) The right to be treated with fairness and respect
10    for their dignity and privacy throughout the criminal
11    justice process.
12        (2) The right to notification of court proceedings.
13        (3) The right to communicate with the prosecution.
14        (4) The right to make a statement to the court at
15    sentencing.
16        (5) The right to information about the conviction,
17    sentence, imprisonment and release of the accused.
18        (6) The right to the timely disposition of the case
19    following the arrest of the accused.
20        (7) The right to be reasonably protected from the
21    accused through the criminal justice process.
22        (8) The right to be present at the trial and all other
23    court proceedings on the same basis as the accused, unless
24    the victim is to testify and the court determines that the

 

 

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1    victim's testimony would be materially affected if the
2    victim hears other testimony at the trial.
3        (9) the right to have present at all court proceedings,
4    including proceedings under the Juvenile Court Act of 1987,
5    subject to the admonition of the rules of confidentiality
6    and subject to the rules of evidence, a victim-witness
7    specialist, an advocate or other support person of the
8    victim's choice.
9        (10) The right to restitution.
10    (b) Any law enforcement agency that investigates an offense
11committed in this State shall provide a crime victim with a
12written statement and explanation of the rights of crime
13victims within 24 hours of law enforcement's initial contact
14with a victim. The statement shall include information about
15crime victim compensation, including how to contact the Office
16of the Illinois Attorney General to file a claim. The content
17of the statement shall be provided to law enforcement by the
18Attorney General. Law enforcement shall also provide a crime
19victim with a sign-off sheet that the victim shall sign and
20date as an acknowledgement that he or she has been furnished
21with information and an explanation of the rights of crime
22victims and compensation set forth in this Act.
23    (c) The Clerk of the Circuit Court shall post the rights of
24crime victims set forth in Article I, Section 8.1(a) of the
25Illinois Constitution and subsection (a) of this Section within
263 feet of the door to any courtroom where criminal proceedings

 

 

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1are conducted. The clerk may also post the rights in other
2locations in the courthouse.
3    (d) A statement and explanation of the rights of crime
4victims set forth in paragraph (a) of this Section shall be
5given to a crime victim at the initial contact with the
6criminal justice system by the appropriate authorities and
7shall be conspicuously posted in all court facilities.
8(Source: P.A. 95-591, eff. 6-1-08.)
 
9    (725 ILCS 120/4.5)
10    Sec. 4.5. Procedures to implement the rights of crime
11victims. To afford crime victims their rights, law enforcement,
12prosecutors, judges and corrections will provide information,
13as appropriate of the following procedures:
14    (a) At the request of the crime victim, law enforcement
15authorities investigating the case shall provide notice of the
16status of the investigation, except where the State's Attorney
17determines that disclosure of such information would
18unreasonably interfere with the investigation, until such time
19as the alleged assailant is apprehended or the investigation is
20closed.
21    (b) The office of the State's Attorney:
22        (1) shall provide notice of the filing of information,
23    the return of an indictment by which a prosecution for any
24    violent crime is commenced, or the filing of a petition to
25    adjudicate a minor as a delinquent for a violent crime;

 

 

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1        (2) shall provide notice of the date, time, and place
2    of trial;
3        (3) or victim advocate personnel shall provide
4    information of social services and financial assistance
5    available for victims of crime, including information of
6    how to apply for these services and assistance;
7        (4) shall assist in having any stolen or other personal
8    property held by law enforcement authorities for
9    evidentiary or other purposes returned as expeditiously as
10    possible, pursuant to the procedures set out in Section
11    115-9 of the Code of Criminal Procedure of 1963;
12        (5) or victim advocate personnel shall provide
13    appropriate employer intercession services to ensure that
14    employers of victims will cooperate with the criminal
15    justice system in order to minimize an employee's loss of
16    pay and other benefits resulting from court appearances;
17        (6) shall provide information whenever possible, of a
18    secure waiting area during court proceedings that does not
19    require victims to be in close proximity to defendant or
20    juveniles accused of a violent crime, and their families
21    and friends;
22        (7) shall provide notice to the crime victim of the
23    right to have a translator present at all court proceedings
24    and, in compliance with the federal Americans with
25    Disabilities Act of 1990, the right to communications
26    access through a sign language interpreter or by other

 

 

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1    means;
2        (8) in the case of the death of a person, which death
3    occurred in the same transaction or occurrence in which
4    acts occurred for which a defendant is charged with an
5    offense, shall notify the spouse, parent, child or sibling
6    of the decedent of the date of the trial of the person or
7    persons allegedly responsible for the death;
8        (9) shall inform the victim of the right to have
9    present at all court proceedings, subject to the rules of
10    evidence, an advocate or other support person of the
11    victim's choice, and the right to retain an attorney, at
12    the victim's own expense, who, upon written notice filed
13    with the clerk of the court and State's Attorney, is to
14    receive copies of all notices, motions and court orders
15    filed thereafter in the case, in the same manner as if the
16    victim were a named party in the case;
17        (10) at the sentencing hearing shall make a good faith
18    attempt to explain the minimum amount of time during which
19    the defendant may actually be physically imprisoned. The
20    Office of the State's Attorney shall further notify the
21    crime victim of the right to request from the Prisoner
22    Review Board information concerning the release of the
23    defendant under subparagraph (d)(1) of this Section;
24        (11) shall request restitution at sentencing and shall
25    consider restitution in any plea negotiation, as provided
26    by law; and

 

 

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1        (12) shall, upon the court entering a verdict of not
2    guilty by reason of insanity, inform the victim of the
3    notification services available from the Department of
4    Human Services, including the statewide telephone number,
5    under subparagraph (d)(2) of this Section.
6    (c) At the written request of the crime victim, the office
7of the State's Attorney shall:
8        (1) provide notice a reasonable time in advance of the
9    following court proceedings: preliminary hearing, any
10    hearing the effect of which may be the release of defendant
11    from custody, or to alter the conditions of bond and the
12    sentencing hearing. The crime victim shall also be notified
13    of the cancellation of the court proceeding in sufficient
14    time, wherever possible, to prevent an unnecessary
15    appearance in court;
16        (2) provide notice within a reasonable time after
17    receipt of notice from the custodian, of the release of the
18    defendant on bail or personal recognizance or the release
19    from detention of a minor who has been detained for a
20    violent crime;
21        (3) explain in nontechnical language the details of any
22    plea or verdict of a defendant, or any adjudication of a
23    juvenile as a delinquent for a violent crime;
24        (4) where practical, consult with the crime victim
25    before the Office of the State's Attorney makes an offer of
26    a plea bargain to the defendant or enters into negotiations

 

 

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1    with the defendant concerning a possible plea agreement,
2    and shall consider the written victim impact statement, if
3    prepared prior to entering into a plea agreement;
4        (5) provide notice of the ultimate disposition of the
5    cases arising from an indictment or an information, or a
6    petition to have a juvenile adjudicated as a delinquent for
7    a violent crime;
8        (6) provide notice of any appeal taken by the defendant
9    and information on how to contact the appropriate agency
10    handling the appeal;
11        (7) provide notice of any request for post-conviction
12    review filed by the defendant under Article 122 of the Code
13    of Criminal Procedure of 1963, and of the date, time and
14    place of any hearing concerning the petition. Whenever
15    possible, notice of the hearing shall be given in advance;
16        (8) forward a copy of any statement presented under
17    Section 6 to the Prisoner Review Board to be considered by
18    the Board in making its determination under subsection (b)
19    of Section 3-3-8 of the Unified Code of Corrections.
20    (d) (1) The Prisoner Review Board shall inform a victim or
21any other concerned citizen, upon written request, of the
22prisoner's release on parole, mandatory supervised release,
23electronic detention, work release, international transfer or
24exchange, or by the custodian of the discharge of any
25individual who was adjudicated a delinquent for a violent crime
26from State custody and by the sheriff of the appropriate county

 

 

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1of any such person's final discharge from county custody. The
2Prisoner Review Board, upon written request, shall provide to a
3victim or any other concerned citizen a recent photograph of
4any person convicted of a felony, upon his or her release from
5custody. The Prisoner Review Board, upon written request, shall
6inform a victim or any other concerned citizen when feasible at
7least 7 days prior to the prisoner's release on furlough of the
8times and dates of such furlough. Upon written request by the
9victim or any other concerned citizen, the State's Attorney
10shall notify the person once of the times and dates of release
11of a prisoner sentenced to periodic imprisonment. Notification
12shall be based on the most recent information as to victim's or
13other concerned citizen's residence or other location
14available to the notifying authority.
15    (2) When the defendant has been committed to the Department
16of Human Services pursuant to Section 5-2-4 or any other
17provision of the Unified Code of Corrections, the victim may
18request to be notified by the releasing authority of the
19approval by the court of an unsupervised on-grounds pass, a
20supervised off-grounds pass or unsupervised off-grounds pass,
21the release on an off-grounds pass, a conditional release, an
22escape, death defendant's furloughs, temporary release, or
23final discharge from State custody. The Department of Human
24Services shall establish and maintain a statewide telephone
25number to be used by victims to make notification requests
26under these provisions and shall publicize this telephone

 

 

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1number on its website and to the State's Attorney of each
2county.
3    (3) In the event of an escape from State custody, the
4Department of Corrections or the Department of Juvenile Justice
5immediately shall notify the Prisoner Review Board of the
6escape and the Prisoner Review Board shall notify the victim.
7The notification shall be based upon the most recent
8information as to the victim's residence or other location
9available to the Board. When no such information is available,
10the Board shall make all reasonable efforts to obtain the
11information and make the notification. When the escapee is
12apprehended, the Department of Corrections or the Department of
13Juvenile Justice immediately shall notify the Prisoner Review
14Board and the Board shall notify the victim.
15    (4) The victim of the crime for which the prisoner has been
16sentenced shall receive reasonable written notice not less than
1730 days prior to the parole interview and may submit, in
18writing, on film, videotape or other electronic means or in the
19form of a recording or in person at the parole interview or if
20a victim of a violent crime, by calling the toll-free number
21established in subsection (f) of this Section, information for
22consideration by the Prisoner Review Board. The victim shall be
23notified within 7 days after the prisoner has been granted
24parole and shall be informed of the right to inspect the
25registry of parole decisions, established under subsection (g)
26of Section 3-3-5 of the Unified Code of Corrections. The

 

 

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1provisions of this paragraph (4) are subject to the Open Parole
2Hearings Act.
3    (5) If a statement is presented under Section 6, the
4Prisoner Review Board shall inform the victim of any order of
5discharge entered by the Board pursuant to Section 3-3-8 of the
6Unified Code of Corrections.
7    (6) At the written request of the victim of the crime for
8which the prisoner was sentenced or the State's Attorney of the
9county where the person seeking parole was prosecuted, the
10Prisoner Review Board shall notify the victim and the State's
11Attorney of the county where the person seeking parole was
12prosecuted of the death of the prisoner if the prisoner died
13while on parole or mandatory supervised release.
14    (7) When a defendant who has been committed to the
15Department of Corrections, the Department of Juvenile Justice,
16or the Department of Human Services is released or discharged
17and subsequently committed to the Department of Human Services
18as a sexually violent person and the victim had requested to be
19notified by the releasing authority of the defendant's
20discharge, conditional release, death, or escape from State
21custody, the releasing authority shall provide to the
22Department of Human Services such information that would allow
23the Department of Human Services to contact the victim.
24    (8) When a defendant has been convicted of a sex offense as
25defined in Section 2 of the Sex Offender Registration Act and
26has been sentenced to the Department of Corrections or the

 

 

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1Department of Juvenile Justice, the Prisoner Review Board shall
2notify the victim of the sex offense of the prisoner's
3eligibility for release on parole, mandatory supervised
4release, electronic detention, work release, international
5transfer or exchange, or by the custodian of the discharge of
6any individual who was adjudicated a delinquent for a sex
7offense from State custody and by the sheriff of the
8appropriate county of any such person's final discharge from
9county custody. The notification shall be made to the victim at
10least 30 days, whenever possible, before release of the sex
11offender.
12    (e) The officials named in this Section may satisfy some or
13all of their obligations to provide notices and other
14information through participation in a statewide victim and
15witness notification system established by the Attorney
16General under Section 8.5 of this Act.
17    (f) To permit a victim of a violent crime to provide
18information to the Prisoner Review Board for consideration by
19the Board at a parole hearing of a person who committed the
20crime against the victim in accordance with clause (d)(4) of
21this Section or at a proceeding to determine the conditions of
22mandatory supervised release of a person sentenced to a
23determinate sentence or at a hearing on revocation of mandatory
24supervised release of a person sentenced to a determinate
25sentence, the Board shall establish a toll-free number that may
26be accessed by the victim of a violent crime to present that

 

 

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1information to the Board.
2(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
395-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
496-875, eff. 1-22-10.)".