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90_HB0025enr
725 ILCS 120/8 new
725 ILCS 120/9 from Ch. 38, par. 1408
Amends the Rights of Crime Victims and Witnesses Act.
Provides that with the approval of the county board, a county
sheriff or county board of corrections and the State's
Attorney may contract with a private entity to provide
immediate notice to a crime victim or witness upon the
release or discharge of a defendant, juvenile, or prisoner in
county custody. Provides immunity from civil liability to the
private entity acting in good faith to notify the crime
victim or witness.
LRB9000464PTcw
HB0025 Enrolled LRB9000464PTcw
1 AN ACT to amend the Rights of Crime Victims and Witnesses
2 Act by adding Section 8 and changing Section 9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Rights of Crime Victims and Witnesses Act
6 is amended by adding Section 8 and changing Section 9 as
7 follows:
8 (725 ILCS 120/8 new)
9 Sec. 8. Privately operated crime victim and witness
10 notification service. A county sheriff with the approval of
11 the county board in counties with 3,000,000 or fewer
12 inhabitants, or a county department of corrections with the
13 approval of the county board of commissioners and under the
14 direction of the sheriff in counties with more than 3,000,000
15 inhabitants, and the office of the State's Attorney with the
16 approval of the respective county board or county board of
17 commissioners may contract with a private entity to operate a
18 crime victim and witness notification service. The county
19 sheriff, the county department of corrections, and the
20 State's Attorney shall make available to the private entity
21 the information to implement the notification procedure in a
22 timely manner. The private entity shall immediately deliver
23 the notification information to the requesting crime victim
24 or witness according to the requirements of this Act for
25 certain offenses determined by the county board upon the
26 release or discharge of a defendant or prisoner in county
27 custody. The release of information to the private entity to
28 implement the contract shall be limited to the extent
29 necessary to comply with the provisions of this Act.
30 (725 ILCS 120/9) (from Ch. 38, par. 1408)
HB0025 Enrolled -2- LRB9000464PTcw
1 Sec. 9. This Act does not limit any rights or
2 responsibilities otherwise enjoyed by or imposed upon victims
3 or witnesses of violent crime, nor does it grant any person a
4 cause of action for damages or attorneys fees. Any act of
5 omission or commission by any law enforcement officer or
6 State's Attorney, by the Prisoner Review Board, Department of
7 Corrections, Department of Human Services, or other State
8 agency, or private entity under contract pursuant to Section
9 8, or by any employee of any State agency or private entity
10 under contract pursuant to Section 8 acting in good faith in
11 rendering crime victim's assistance or otherwise enforcing
12 this Act shall not impose civil liability upon the individual
13 or entity or his or her supervisor or employer. Nothing in
14 this Act shall create a basis for vacating a conviction or a
15 ground for appellate relief in any criminal case. Failure of
16 the crime victim to receive notice as required, however,
17 shall not deprive the court of the power to act regarding the
18 proceeding before it; nor shall any such failure grant the
19 defendant the right to seek a continuance.
20 (Source: P.A. 88-489; 89-507, eff. 7-1-97.)