Full Text of SB0042 96th General Assembly
SB0042enr 96TH GENERAL ASSEMBLY
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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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| 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 subsection (a-5) of Section 6 of the | 22 |
| Rights of Crime Victims and Witnesses Act shall apply to the | 23 |
| initial commitment hearing, as provided under Section 5-2-4 of | 24 |
| the Unified Code of Corrections, for a respondent found not | 25 |
| guilty by reason of insanity of a violent crime in a criminal | 26 |
| proceeding and the hearing has been ordered by the court under |
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| this Code to determine if the defendant is: | 2 |
| (1) in need of mental health services on an inpatient | 3 |
| basis; | 4 |
| (2) in need of mental health services on an outpatient | 5 |
| basis; or | 6 |
| (3) not in need of mental health services. | 7 |
| While the impact statement to the court allowed under this | 8 |
| subsection (d) may include the impact that the respondent's | 9 |
| criminal conduct has had upon the victim, victim's | 10 |
| representative, or victim's family or household member, the | 11 |
| court may only consider the impact statement along with all | 12 |
| other appropriate factors in determining the: | 13 |
| (i) threat of serious physical harm posed by the | 14 |
| respondent to himself or herself, or to another person; | 15 |
| (ii) location of inpatient or outpatient mental health | 16 |
| services ordered by the court, but only after complying | 17 |
| with all other applicable administrative requirements, | 18 |
| rules, and statutory requirements; | 19 |
| (iii) maximum period of commitment for inpatient | 20 |
| mental health services; and | 21 |
| (iv) conditions of release for outpatient mental | 22 |
| health services ordered by the court.
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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 | 25 |
| 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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| Sec. 6. Rights to present victim impact statement.
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| (a) In any case where a defendant has been convicted of a | 4 |
| violent crime or a
juvenile has been adjudicated a delinquent | 5 |
| for a violent crime and a victim of the violent crime or the | 6 |
| victim's spouse,
guardian, parent, grandparent, or other | 7 |
| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition | 9 |
| hearing,
the victim or his or her representative shall have the | 10 |
| right and the victim's
spouse, guardian, parent, grandparent, | 11 |
| and other immediate
family or household member upon his, her, | 12 |
| 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 | 14 |
| conduct
or the
juvenile's delinquent conduct has had upon them | 15 |
| and the victim.
The court has discretion to determine the | 16 |
| number of oral presentations of victim impact statements.
Any | 17 |
| impact
statement must have been prepared in writing in | 18 |
| conjunction with the Office
of the State's Attorney prior to | 19 |
| the initial hearing or sentencing, before
it can be presented | 20 |
| orally or in writing at the sentencing hearing. In
conjunction | 21 |
| with the Office of the State's Attorney, a victim impact | 22 |
| statement
that is presented orally may be done so by the victim | 23 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 24 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may |
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| introduce
that evidence either in its
case in chief or in | 2 |
| rebuttal. The court shall
consider any impact statement | 3 |
| admitted
along with
all
other appropriate factors in | 4 |
| determining the sentence of the defendant or
disposition of | 5 |
| such juvenile.
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| (a-5) In any case where a defendant has been found not | 7 |
| guilty by reason of insanity of a violent crime and a hearing | 8 |
| has been ordered by the court under the Mental Health and | 9 |
| Developmental Disabilities Code to determine if the defendant | 10 |
| is: (1) in need of mental health services on an inpatient | 11 |
| basis; (2) in need of mental health services on an outpatient | 12 |
| basis; or (3) not in need of mental health services and a | 13 |
| victim of the violent crime or the victim's spouse,
guardian, | 14 |
| parent, grandparent, or other immediate family or household | 15 |
| member is present in
the
courtroom at the time of the initial | 16 |
| commitment hearing, the victim or his or her representative | 17 |
| shall have the right and the victim's
spouse, guardian, parent, | 18 |
| grandparent, and other immediate
family or household members | 19 |
| upon their request may be permitted by the court to address the
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| court regarding the impact that the defendant's criminal | 21 |
| conduct has had upon them and the victim.
The court has | 22 |
| discretion to determine the number of oral presentations of | 23 |
| victim impact statements.
Any impact
statement must have been | 24 |
| prepared in writing in conjunction with the Office
of the | 25 |
| State's Attorney prior to the initial commitment hearing, | 26 |
| before
it may be presented orally or in writing at the |
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SB0042 Enrolled |
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LRB096 00916 RLC 10923 b |
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| commitment hearing. In
conjunction with the Office of the | 2 |
| State's Attorney, a victim impact statement
that is presented | 3 |
| orally may be presented so by the victim or the victim's | 4 |
| spouse,
guardian, parent, grandparent, or other immediate | 5 |
| family or household member or
his or her
representative. At the | 6 |
| initial commitment hearing, the State's Attorney may introduce
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| the statement either in its
case in chief or in rebuttal. The | 8 |
| court may only consider the impact statement along with all | 9 |
| other appropriate factors in determining the: (1) threat of | 10 |
| serious physical harm poised by the respondent to himself or | 11 |
| herself, or to another person; (2) location of inpatient or | 12 |
| outpatient mental health services ordered by the court, but | 13 |
| only after complying with all other applicable administrative, | 14 |
| rule, and statutory requirements; (3) maximum period of | 15 |
| commitment for inpatient mental health services; and (4) | 16 |
| conditions of release for outpatient mental health services | 17 |
| ordered by the court. | 18 |
| (b) The crime victim has the right to prepare a victim | 19 |
| impact statement
and present it to the Office of the State's | 20 |
| Attorney at any time during the
proceedings. Any written victim | 21 |
| impact statement submitted to the Office of the State's | 22 |
| Attorney shall be considered by the court during its | 23 |
| consideration of aggravation and mitigation in plea | 24 |
| proceedings under Supreme Court Rule 402.
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| (c) This Section shall apply to any victims of a violent | 26 |
| crime during any
dispositional hearing under Section 5-705 of |
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LRB096 00916 RLC 10923 b |
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| the Juvenile Court
Act of 1987 which takes place pursuant to an | 2 |
| adjudication or trial or plea of
delinquency for any such | 3 |
| offense.
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| (Source: P.A. 95-591, eff. 6-1-08 .)
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