Full Text of HB5748 102nd General Assembly
HB5748 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5748 Introduced 11/16/2022, by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-29 | from Ch. 38, par. 112A-29 | 725 ILCS 120/4 | from Ch. 38, par. 1404 | 725 ILCS 203/20 | | 750 ILCS 60/303 | from Ch. 40, par. 2313-3 |
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Amends the Rights of Crime Victims and Witnesses Act. In provisions concerning the rights of crime victims, specifies that timely notification of all court proceedings requires notification at least 7 days prior to any court proceeding. Amends the Sexual Assault Incident Procedure Act. In provisions concerning reports by law enforcement officers, prohibits a law enforcement officer from discouraging or attempting to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 and the Protective Orders Article of the Code of Criminal Procedure of 1963. Prohibits a law enforcement officer from discouraging or attempting to discourage a victim from filing a police report concerning an incident of abuse. Prohibits a law enforcement officer from refusing to complete a required written report on any ground. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning victim rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 112A-29 as follows:
| 6 | | (725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
| 7 | | Sec. 112A-29. Reports by law enforcement officers.
| 8 | | (a) Every law enforcement
officer investigating an alleged | 9 | | incident of abuse
between family or household
members shall | 10 | | make a written police report of any bona fide allegation and
| 11 | | the disposition of such investigation. The police report shall | 12 | | include
the victim's statements as to the frequency and | 13 | | severity of prior incidents
of abuse by the same family or | 14 | | household
member and the number of prior
calls for police | 15 | | assistance to prevent such further abuse.
| 16 | | (b) Every police report completed pursuant to this Section | 17 | | shall be recorded
and compiled as a domestic crime within the | 18 | | meaning of Section 5.1 of the
Criminal Identification Act.
| 19 | | (c) No law enforcement officer may refuse to complete a | 20 | | written report as required by this Section on any ground. No | 21 | | law enforcement officer shall discourage or attempt to | 22 | | discourage a victim from filing a police report concerning an | 23 | | incident of abuse. |
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| 1 | | (Source: P.A. 87-1186.)
| 2 | | Section 10. The Rights of Crime Victims and Witnesses Act | 3 | | is amended by changing Sections 3 and 4 as follows:
| 4 | | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| 5 | | (Text of Section before amendment by P.A. 101-652 ) | 6 | | Sec. 4. Rights of crime victims.
| 7 | | (a) Crime victims shall have the following rights:
| 8 | | (1) The right to be treated with fairness and respect | 9 | | for their dignity
and privacy and to be free from | 10 | | harassment, intimidation, and abuse throughout the | 11 | | criminal justice process.
| 12 | | (1.5) The right to notice and to a hearing before a | 13 | | court ruling on a request for access to any of the victim's | 14 | | records, information, or communications which are | 15 | | privileged or confidential by law. | 16 | | (2) The right to timely notification of all court | 17 | | proceedings. Timely notification requires notification at | 18 | | least 7 days prior to any court proceeding.
| 19 | | (3) The right to communicate with the prosecution.
| 20 | | (4) The right to be heard at any post-arraignment | 21 | | court proceeding in which a right of the victim is at issue | 22 | | and any court proceeding involving a post-arraignment | 23 | | release decision, plea, or sentencing.
| 24 | | (5) The right to be notified of the conviction, the |
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| 1 | | sentence, the imprisonment
and the release of the accused.
| 2 | | (6) The right to the timely disposition of the case | 3 | | following the arrest
of the accused.
| 4 | | (7) The right to be reasonably protected from the | 5 | | accused through the
criminal justice process.
| 6 | | (7.5) The right to have the safety of the victim and | 7 | | the victim's family considered in denying or fixing the | 8 | | amount of bail, determining whether to release the | 9 | | defendant, and setting conditions of release after arrest | 10 | | and conviction. | 11 | | (8) The right to be present at the trial and all other | 12 | | court proceedings
on the same basis as the accused, unless | 13 | | the victim is to testify and the court
determines that the | 14 | | victim's testimony would be materially affected if the
| 15 | | victim hears other testimony at the trial.
| 16 | | (9) The right to have present at all court | 17 | | proceedings, including proceedings under the Juvenile | 18 | | Court Act of 1987, subject to the
rules of evidence, an | 19 | | advocate and other support person of the victim's choice.
| 20 | | (10) The right to restitution.
| 21 | | (b) Any law enforcement agency that investigates an | 22 | | offense committed in this State shall provide a crime victim | 23 | | with a written statement and explanation of the rights of | 24 | | crime victims under this amendatory Act of the 99th General | 25 | | Assembly within 48 hours of law enforcement's initial contact | 26 | | with a victim. The statement shall include information about |
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| 1 | | crime victim compensation, including how to contact the Office | 2 | | of the Illinois Attorney General to file a claim, and | 3 | | appropriate referrals to local and State programs that provide | 4 | | victim services. The content of the statement shall be | 5 | | provided to law enforcement by the Attorney General. Law | 6 | | enforcement shall also provide a crime victim with a sign-off | 7 | | sheet that the victim shall sign and date as an | 8 | | acknowledgement that he or she has been furnished with | 9 | | information and an explanation of the rights of crime victims | 10 | | and compensation set forth in this Act. | 11 | | (b-5) Upon the request of the victim, the law enforcement | 12 | | agency having jurisdiction shall provide a free copy of the | 13 | | police report concerning the victim's incident, as soon as | 14 | | practicable, but in no event later than 5 business days from | 15 | | the request. | 16 | | (c) The Clerk of the Circuit Court shall post the rights of | 17 | | crime victims set forth in Article I, Section 8.1(a) of the | 18 | | Illinois Constitution and subsection (a) of this Section | 19 | | within 3 feet of the door to any courtroom where criminal | 20 | | proceedings are conducted. The clerk may also post the rights | 21 | | in other locations in the courthouse. | 22 | | (d) At any point, the victim has the right to retain a | 23 | | victim's attorney who may be present during all stages of any | 24 | | interview, investigation, or other interaction with | 25 | | representatives of the criminal justice system. Treatment of | 26 | | the victim should not be affected or altered in any way as a |
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| 1 | | result of the victim's decision to exercise this right.
| 2 | | (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19 .)
| 3 | | (Text of Section after amendment by P.A. 101-652 ) | 4 | | Sec. 4. Rights of crime victims.
| 5 | | (a) Crime victims shall have the following rights:
| 6 | | (1) The right to be treated with fairness and respect | 7 | | for their dignity
and privacy and to be free from | 8 | | harassment, intimidation, and abuse throughout the | 9 | | criminal justice process.
| 10 | | (1.5) The right to notice and to a hearing before a | 11 | | court ruling on a request for access to any of the victim's | 12 | | records, information, or communications which are | 13 | | privileged or confidential by law. | 14 | | (2) The right to timely notification of all court | 15 | | proceedings. Timely notification requires notification at | 16 | | least 7 days prior to any court proceeding.
| 17 | | (3) The right to communicate with the prosecution.
| 18 | | (4) The right to be heard at any post-arraignment | 19 | | court proceeding in which a right of the victim is at issue | 20 | | and any court proceeding involving a post-arraignment | 21 | | release decision, plea, or sentencing.
| 22 | | (5) The right to be notified of the conviction, the | 23 | | sentence, the imprisonment
and the release of the accused.
| 24 | | (6) The right to the timely disposition of the case | 25 | | following the arrest
of the accused.
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| 1 | | (7) The right to be reasonably protected from the | 2 | | accused through the
criminal justice process.
| 3 | | (7.5) The right to have the safety of the victim and | 4 | | the victim's family considered in determining whether to | 5 | | release the defendant and setting conditions of release | 6 | | after arrest and conviction. | 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 | 13 | | proceedings, including proceedings under the Juvenile | 14 | | Court Act of 1987, subject to the
rules of evidence, an | 15 | | advocate and other support person of the victim's choice.
| 16 | | (10) The right to restitution.
| 17 | | (b) Any law enforcement agency that investigates an | 18 | | offense committed in this State shall provide a crime victim | 19 | | with a written statement and explanation of the rights of | 20 | | crime victims under this amendatory Act of the 99th General | 21 | | Assembly within 48 hours of law enforcement's initial contact | 22 | | with a victim. The statement shall include information about | 23 | | crime victim compensation, including how to contact the Office | 24 | | of the Illinois Attorney General to file a claim, and | 25 | | appropriate referrals to local and State programs that provide | 26 | | victim services. The content of the statement shall be |
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| 1 | | provided to law enforcement by the Attorney General. Law | 2 | | enforcement shall also provide a crime victim with a sign-off | 3 | | sheet that the victim shall sign and date as an | 4 | | acknowledgement that he or she has been furnished with | 5 | | information and an explanation of the rights of crime victims | 6 | | and compensation set forth in this Act. | 7 | | (b-5) Upon the request of the victim, the law enforcement | 8 | | agency having jurisdiction shall provide a free copy of the | 9 | | police report concerning the victim's incident, as soon as | 10 | | practicable, but in no event later than 5 business days from | 11 | | the request. | 12 | | (c) The Clerk of the Circuit Court shall post the rights of | 13 | | crime victims set forth in Article I, Section 8.1(a) of the | 14 | | Illinois Constitution and subsection (a) of this Section | 15 | | within 3 feet of the door to any courtroom where criminal | 16 | | proceedings are conducted. The clerk may also post the rights | 17 | | in other locations in the courthouse. | 18 | | (d) At any point, the victim has the right to retain a | 19 | | victim's attorney who may be present during all stages of any | 20 | | interview, investigation, or other interaction with | 21 | | representatives of the criminal justice system. Treatment of | 22 | | the victim should not be affected or altered in any way as a | 23 | | result of the victim's decision to exercise this right.
| 24 | | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
| 25 | | Section 15. The Sexual Assault Incident Procedure Act is |
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| 1 | | amended by changing Section 20 as follows: | 2 | | (725 ILCS 203/20)
| 3 | | Sec. 20. Reports by law enforcement officers. | 4 | | (a) A law enforcement officer shall complete a written | 5 | | police report upon receiving the following, regardless of | 6 | | where the incident occurred: | 7 | | (1) an allegation by a person that the person has been | 8 | | sexually assaulted or sexually abused regardless of | 9 | | jurisdiction; | 10 | | (2) information from hospital or medical personnel | 11 | | provided under Section 3.2 of the Criminal Identification | 12 | | Act; or | 13 | | (3) information from a witness who personally observed | 14 | | what appeared to be a sexual assault or sexual abuse or | 15 | | attempted sexual assault or sexual abuse. | 16 | | (b) The written report shall include the following, if | 17 | | known: | 18 | | (1) the victim's name or other identifier; | 19 | | (2) the victim's contact information; | 20 | | (3) time, date, and location of offense; | 21 | | (4) information provided by the victim; | 22 | | (5) the suspect's description and name, if known; | 23 | | (6) names of persons with information relevant to the | 24 | | time before, during, or after the sexual assault or sexual | 25 | | abuse, and their contact information; |
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| 1 | | (7) names of medical professionals who provided a | 2 | | medical forensic examination of the victim and any | 3 | | information they provided about the sexual assault or | 4 | | sexual abuse; | 5 | | (8) whether an Illinois State Police Sexual Assault | 6 | | Evidence Collection Kit was completed, the name and | 7 | | contact information for the hospital, and whether the | 8 | | victim consented to testing of the Evidence Collection Kit | 9 | | by law enforcement; | 10 | | (9) whether a urine or blood sample was collected and | 11 | | whether the victim consented to testing of a toxicology | 12 | | screen by law enforcement; | 13 | | (10) information the victim related to medical | 14 | | professionals during a medical forensic examination which | 15 | | the victim consented to disclosure to law enforcement; and | 16 | | (11) other relevant information. | 17 | | (c) If the sexual assault or sexual abuse occurred in | 18 | | another jurisdiction, the law enforcement officer taking the | 19 | | report must submit the report to the law enforcement agency | 20 | | having jurisdiction in person or via fax or email within 24 | 21 | | hours of receiving information about the sexual assault or | 22 | | sexual abuse. | 23 | | (d) Within 24 hours of receiving a report from a law | 24 | | enforcement agency in another jurisdiction in accordance with | 25 | | subsection (c), the law enforcement agency having jurisdiction | 26 | | shall submit a written confirmation to the law enforcement |
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| 1 | | agency that wrote the report. The written confirmation shall | 2 | | contain the name and identifier of the person and confirming | 3 | | receipt of the report and a name and contact phone number that | 4 | | will be given to the victim. The written confirmation shall be | 5 | | delivered in person or via fax or email. | 6 | | (e) No law enforcement officer shall require a victim of | 7 | | sexual assault or sexual abuse to submit to an interview. | 8 | | (f) No law enforcement agency may refuse to complete a | 9 | | written report as required by this Section on any ground. No | 10 | | law enforcement officer shall discourage or attempt to | 11 | | discourage a victim from filing a police report concerning | 12 | | sexual assault or sexual abuse. | 13 | | (g) All law enforcement agencies shall ensure that all | 14 | | officers responding to or investigating a complaint of sexual | 15 | | assault or sexual abuse have successfully completed training | 16 | | under Section 10.21 of the Illinois Police Training Act and | 17 | | Section 2605-51 of the Illinois State Police Law of the Civil | 18 | | Administrative Code of Illinois.
| 19 | | (Source: P.A. 102-538, eff. 8-20-21.) | 20 | | Section 20. The Illinois Domestic Violence Act of 1986 is | 21 | | amended by changing Section 303 as follows:
| 22 | | (750 ILCS 60/303) (from Ch. 40, par. 2313-3)
| 23 | | Sec. 303. Reports by law enforcement officers.
| 24 | | (a) Every law enforcement
officer investigating an alleged |
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| 1 | | incident of abuse, neglect, or
exploitation between family or | 2 | | household
members shall make a written police report of any | 3 | | bona fide allegation and
the disposition of such | 4 | | investigation. The police report shall
include
the victim's | 5 | | statements as to the frequency and severity of prior incidents
| 6 | | of abuse, neglect, or exploitation by the same family or | 7 | | household
member and the number of prior
calls for police | 8 | | assistance to prevent such further abuse, neglect, or
| 9 | | exploitation.
| 10 | | (b) Every police report completed pursuant to this Section | 11 | | shall be recorded
and compiled as a domestic crime within the | 12 | | meaning of Section 5.1 of the
Criminal Identification Act.
| 13 | | (c) No law enforcement officer may refuse to complete a | 14 | | written report as required by this Section on any ground. No | 15 | | law enforcement officer shall discourage or attempt to | 16 | | discourage a victim from filing a police report concerning an | 17 | | incident of abuse, neglect, or exploitation. | 18 | | (Source: P.A. 86-542; 87-1186.)
| 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act.
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