HB0719 94TH GENERAL ASSEMBLY

LRB094 08074 RLC 38258 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0719

Introduced 02/01/05, by Rep. Cynthia Soto

SYNOPSIS AS INTRODUCED:

New Act

Creates the Immigrant Victim of Crime Reporting Act. Requires the Department of Human Services to establish a program for investigation of all criminal complaints made by victims who are undocumented residents of the United States. Prohibits the Department from releasing to any other state or federal agency any identifying information about the victim or his or her family unless the victim provides written consent. Requires the Department to investigate the complaint even if the victim does not provide written consent for release of identifying information. Directs the Governor to petition the appropriate federal agency to obtain legal immigration status for the victim or any witness necessary to the investigation or prosecution of any violent crime or felony offense.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning immigrants.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Immigrant Victim of Crime Reporting Act.

Section 5. Purpose. The purpose of this Act is to remove barriers to investigations of criminal conduct committed against persons in this State who are undocumented residents of the United States without jeopardizing the residents' immigration status.

Section 10. Definitions. For the purposes of this Act:

"Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.

"Victim" means (1) a person physically injured in this State as a result of a violent crime perpetrated or attempted against that person or (2) a person who suffers injury to or loss of property as a result of a violent crime perpetrated or attempted against that person or (3) a single representative who may be the spouse, parent, child or sibling of a person killed as a result of a violent crime perpetrated against the person killed or the spouse, parent, child or sibling of any person granted rights under this Act who is physically or mentally incapable of exercising such rights, except where the spouse, parent, child or sibling is also the defendant or prisoner or (4) any person against whom a violent crime has been committed or (5) any person who has suffered personal injury as a result of a violation of Section 11-501 of the Illinois Vehicle Code, or of a similar provision of a local ordinance, or of Section 9-3 of the Criminal Code of 1961.

"Violent crime" means any felony in which force or threat of force was used against the victim, or any offense involving sexual exploitation, sexual conduct or sexual penetration, domestic battery, violation of an order of protection, stalking, or any misdemeanor which results in death or great bodily harm to the victim or any violation of Section 9-3 of the Criminal Code of 1961, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death, and includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this Act, "personal injury" shall include severely bleeding wounds, distorted extremities, injuries that require immediate medical attention, and injuries that require the injured party to be carried from the scene.

Section 20. Immigrant crime victim reporting program. The Department of Human Services shall establish a program for the investigation of crimes committed against victims in this State who are undocumented residents of the United States. The Department shall have the duty and authority to investigate all criminal complaints made by victims who are undocumented residents of the United States and shall not release to any other State or federal agency any identifying information about the victim or his or her family unless the victim signs a written document allowing this release of information. Even if the victim does not sign this release, the Department has the obligation to investigate the victim's complaint.

Section 25. Petition by Governor. In cases where legal immigration status is necessary for the investigation or prosecution of any violent crime or felony offense, the Governor of this State shall petition the appropriate federal agency to obtain legal immigration status for the victim or any witness necessary to the investigation or prosecution.