State of Illinois
91st General Assembly
Legislation

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91_HB2833

 
                                               LRB9104667RCks

 1        AN ACT to amend the Rights of Crime Victims and Witnesses
 2    Act by adding Sections 4.6 and 4.7.

 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 Sections 4.6 and 4.7 as follows:

 7        (725 ILCS 120/4.6 new)
 8        Sec. 4.6. Crime Victims Rights Board.
 9        (a)  There is created a Crime Victims Rights Board in the
10    Office of the Attorney General.
11        (b)  The Crime Victims Rights  Board  is  composed  of  5
12    members as follows:
13        (c)  Three members appointed by the Attorney General, one
14    member appointed by the Governor, and one member appointed by
15    the Director of the Office of the State's Attorneys Appellate
16    Prosecutor.
17        (d)  The  members  of  the Crime Victims Rights Board are
18    appointed for 4-year terms.
19        (e)  A crime victim has the  right  to  complain  to  the
20    Office   of  the  Attorney  General  concerning  his  or  her
21    treatment and to request review by the Crime  Victims  Rights
22    Board of the complaint as provided under Section 4.7.

23        (725 ILCS 120/4.7 new)
24        Sec. 4.7. Review of complaints.
25        (a)  A  crime  victim  may  request  review of his or her
26    complaint by the Crime Victims Rights Board. The  board  must
27    make  a  determination  whether probable cause exists for the
28    complaint. Before a finding  of  probable  cause  under  this
29    Section,  a  complaint  referred  to the Crime Victims Rights
30    Board is confidential unless the  subject  of  the  complaint
 
                            -2-                LRB9104667RCks
 1    waives  the  right to confidentiality in writing to the Crime
 2    Victims Rights Board.
 3        (b)  If a complaint becomes known to  the  public  before
 4    the completion of action by the Attorney General or a finding
 5    of  probable  cause  by  the  Crime Victims Rights Board, the
 6    Attorney General or the Crime Victims Rights Board, whichever
 7    is applicable, may issue statements in order to confirm  that
 8    a  complaint  has  been made or is being reviewed, to clarify
 9    the procedural aspects of actions taken under  this  Section,
10    to  explain  the  right  of  the  subject of the complaint to
11    respond to the complaint, to state that the  subject  of  the
12    complaint  denies  the  allegations,  if applicable, to state
13    that action under this Section  has  been  completed  and  no
14    basis  for  the  complaint  was  found  or  to correct public
15    misinformation.
16        (c)  In investigating a complaint made under this Section
17    or being reviewed under this Section, the Attorney General or
18    the Crime Victims  Rights  Board,  whichever  is  applicable,
19    shall  request  any  person  contacted for information not to
20    disclose that an investigation  is  being  conducted  or  the
21    nature  of  any  inquiries made by the Office of the Attorney
22    General or the Crime Victims Rights Board.
23        (d)  This Section does not preclude  the  Office  of  the
24    Attorney  General  or  the  Crime  Victims  Rights Board from
25    informing the person who made the complaint of the outcome of
26    any action by the Office of the Attorney General or review by
27    the Crime Victims Rights Board.

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