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Public Act 099-0413 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. This Act may be referred to as Marsy's Law. | ||||
Section 5. The Rights of Crime Victims and Witnesses Act is | ||||
amended by changing Sections 2, 3, 4, 4.5, 6, 7, 8.5, and 9 as | ||||
follows:
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(725 ILCS 120/2) (from Ch. 38, par. 1402)
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Sec. 2.
The purpose of this Act is to implement, preserve , | ||||
and protect , and enforce the
rights guaranteed to crime victims | ||||
by Article I, Section 8.1 of the Illinois
Constitution to | ||||
ensure that crime victims are treated with fairness and
respect | ||||
for their dignity and privacy throughout the criminal justice | ||||
system , to ensure that crime victims are informed of their | ||||
rights and have standing to assert their rights in the trial | ||||
and appellate courts, to establish procedures for enforcement | ||||
of those rights,
and to increase the effectiveness of the | ||||
criminal justice system by affording
certain basic rights and | ||||
considerations to the witnesses of violent crime who
are | ||||
essential to prosecution.
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(Source: P.A. 88-489.)
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(725 ILCS 120/3) (from Ch. 38, par. 1403)
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Sec. 3. The terms used in this Act , unless the context | ||
clearly
requires otherwise, shall have the following meanings:
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(a) "Crime victim" or "victim" means: (1) any natural | ||
person determined by the prosecutor or the court to have | ||
suffered direct physical or psychological harm as a result of a | ||
violent crime perpetrated or attempted against that person or | ||
direct physical or psychological harm as a result of (i) a | ||
violation of Section 11-501 of the Illinois Vehicle Code or | ||
similar provision of a local ordinance or (ii) a violation of | ||
Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012; (2) in the case of a crime victim who is under 18 years | ||
of age or an adult victim who is incompetent or incapacitated, | ||
both parents, legal guardians, foster parents, or a single | ||
adult representative; (3) in the case of an adult deceased | ||
victim, 2 representatives who may be the spouse, parent, child | ||
or sibling of the victim, or the representative of the victim's | ||
estate; and (4) an immediate family member of a victim under | ||
clause (1) of this paragraph (a) chosen by the victim. If the | ||
victim is 18 years of age or over, the victim may choose any | ||
person to be the victim's representative. In no event shall the | ||
defendant or any person who aided and abetted in the commission | ||
of the crime be considered a victim, a crime victim, or a | ||
representative of the victim. | ||
A board, agency, or other governmental entity making | ||
decisions regarding an offender's release, sentence reduction, |
or clemency can determine additional persons are victims for | ||
the purpose of its proceedings. "Crime victim" and "victim" | ||
mean (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
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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
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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 or the Criminal Code of 2012 or (6) | ||
in proceedings under the Juvenile Court Act of 1987, both | ||
parents, legal guardians, foster parents, or a single adult | ||
representative of a minor or disabled person who is a crime | ||
victim.
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(a-3) "Advocate" means a person whose communications with | ||
the victim are privileged under Section 8-802.1 or 8-802.2 of | ||
the Code of Civil Procedure, or Section 227 of the Illinois | ||
Domestic Violence Act of 1986. |
(a-5) "Confer" means to consult together, share | ||
information, compare opinions and carry on a discussion or | ||
deliberation. | ||
(a-7) "Sentence" includes, but is not limited to, the | ||
imposition of sentence, a request for a reduction in sentence, | ||
parole, mandatory supervised release, aftercare release, early | ||
release, clemency, or a proposal that would reduce the | ||
defendant's sentence or result in the defendant's release. | ||
"Early release" refers to a discretionary release. | ||
(a-9) "Sentencing" includes, but is not limited to, the | ||
imposition of sentence and a request for a reduction in | ||
sentence, parole, mandatory supervised release, aftercare | ||
release, or early release. | ||
(b) "Witness" means any person who personally observed the | ||
commission of
a violent crime and who will testify on behalf of | ||
the State of Illinois in
the criminal prosecution of the | ||
violent crime .
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(c) "Violent Crime" means : (1) any felony in which force or | ||
threat of force was
used against the victim ; (2) , or any | ||
offense involving sexual exploitation, sexual
conduct or | ||
sexual penetration ; (3) , or a violation of Section 11-20.1, | ||
11-20.1B, or 11-20.3 , or 11-23.5 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 ; (4) , domestic battery , stalking ; | ||
(5) , violation of an order of
protection, stalking, a civil no | ||
contact order, or a stalking no contact order; (6) or any | ||
misdemeanor which results in death or great bodily
harm to the |
victim ; or (7) any violation of Section 9-3 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012, 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 . "Violent crime" , and includes any action committed by a | ||
juvenile
that would be a violent crime if committed by an | ||
adult. For the purposes of
this paragraph, "personal injury" | ||
shall include any Type A injury as indicated
on the traffic | ||
accident report completed by a law enforcement officer that
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requires immediate professional attention in either a doctor's | ||
office or
medical facility. A type A injury shall include | ||
severely bleeding wounds,
distorted extremities, and injuries | ||
that require the injured party to be
carried from the scene.
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(d) (Blank). "Sentencing Hearing" means any hearing where a | ||
sentence is imposed
by the court on a convicted defendant and | ||
includes hearings conducted
pursuant to Sections 5-6-4, | ||
5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code of
Corrections.
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(e) "Court proceedings" includes , but is not limited to, | ||
the preliminary hearing, any post-arraignment hearing the
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effect of which may be the release of the defendant from | ||
custody or to alter
the conditions of bond, change of plea | ||
hearing, the trial, any pretrial or post-trial hearing, | ||
sentencing hearing, notice of appeal , any oral argument or | ||
hearing before an Illinois appellate court, any hearing under | ||
the Mental Health and Developmental Disabilities Code after a | ||
finding that the defendant is not guilty by reason of insanity, |
any
hearing related to a modification of sentence, probation | ||
revocation hearing hearings , aftercare release or parole | ||
hearings , post-conviction relief proceedings, habeas corpus | ||
proceedings and clemency proceedings related to the | ||
defendant's conviction or sentence. For purposes of the | ||
victim's right to be present, "court proceedings" does not | ||
include (1) hearings under Section 109-1 of the Code of | ||
Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||
status hearings, or (4) the issuance of an order or decision of | ||
an Illinois court that dismisses a charge, reverses a | ||
conviction, reduces a sentence, or releases an offender under a | ||
court rule .
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(f) "Concerned citizen"
includes relatives of the victim, | ||
friends of the victim, witnesses to the
crime, or any other | ||
person associated with the victim or prisoner. | ||
(g) "Victim's attorney" means an attorney retained by the | ||
victim for the purposes of asserting the victim's | ||
constitutional and statutory rights. An attorney retained by | ||
the victim means an attorney who is hired to represent the | ||
victim at the victim's expense or an attorney who has agreed to | ||
provide pro bono representation. Nothing in this statute | ||
creates a right to counsel at public expense for a victim. | ||
(Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||
98-558, eff. 1-1-14.)
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(725 ILCS 120/4) (from Ch. 38, par. 1404)
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Sec. 4. Rights of crime victims.
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(a) Crime victims shall have the following rights:
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(1) The right to be treated with fairness and respect | ||
for their dignity
and privacy and to be free from | ||
harassment, intimidation, and abuse throughout the | ||
criminal justice process.
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(1.5) The right to notice and to a hearing before a | ||
court ruling on a request for access to any of the victim's | ||
records, information, or communications which are | ||
privileged or confidential by law.
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(2) The right to timely notification of all court | ||
proceedings.
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(3) The right to communicate with the prosecution.
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(4) The right to be heard at any post-arraignment court | ||
proceeding in which a right of the victim is at issue and | ||
any court proceeding involving a post-arraignment release | ||
decision, plea, or make a statement to the court at | ||
sentencing.
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(5) The right to be notified of information about the | ||
conviction, the sentence, the imprisonment
and the release | ||
of the accused.
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(6) The right to the timely disposition of the case | ||
following the arrest
of the accused.
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(7) The right to be reasonably protected from the | ||
accused through the
criminal justice process.
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(7.5) The right to have the safety of the victim and |
the victim's family considered in denying or fixing the | ||
amount of bail, determining whether to release the | ||
defendant, and setting conditions of release after arrest | ||
and conviction.
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(8) The right to be present at the trial and all other | ||
court proceedings
on the same basis as the accused, unless | ||
the victim is to testify and the court
determines that the | ||
victim's testimony would be materially affected if the
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victim hears other testimony at the trial.
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(9) The the right to have present at all court | ||
proceedings, including proceedings under the Juvenile | ||
Court Act of 1987, subject to the admonition of the rules | ||
of confidentiality and subject to the
rules of evidence, a | ||
victim-witness specialist, an advocate and or other | ||
support person of the victim's choice.
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(10) The right to restitution.
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(b) Any law enforcement agency that investigates an offense | ||
committed in this State shall provide a crime victim with a | ||
written statement and explanation of the rights of crime | ||
victims under this amendatory Act of the 99th General Assembly | ||
within 48 hours of law enforcement's initial contact with a | ||
victim. The statement shall include information about crime | ||
victim compensation, including how to contact the Office of the | ||
Illinois Attorney General to file a claim, and appropriate | ||
referrals to local and State programs that provide victim | ||
services. The content of the statement shall be provided to law |
enforcement by the Attorney General. Law enforcement shall also | ||
provide a crime victim with a sign-off sheet that the victim | ||
shall sign and date as an acknowledgement that he or she has | ||
been furnished with information and an explanation of the | ||
rights of crime victims and compensation set forth in this Act. | ||
(c) The Clerk of the Circuit Court shall post the rights of | ||
crime victims set forth in Article I, Section 8.1(a) of the | ||
Illinois Constitution and subsection (a) of this Section within | ||
3 feet of the door to any courtroom where criminal proceedings | ||
are conducted. The clerk may also post the rights in other | ||
locations in the courthouse. | ||
(d) A statement and explanation of the rights of crime | ||
victims set forth in paragraph (a) of this Section shall be | ||
given to a crime victim at the initial
contact with the | ||
criminal justice system by the appropriate authorities and | ||
shall be conspicuously posted in all court facilities.
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(Source: P.A. 97-815, eff. 1-1-13.)
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(725 ILCS 120/4.5)
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Sec. 4.5. Procedures to implement the rights of crime | ||
victims. To afford
crime victims their rights, law enforcement, | ||
prosecutors, judges and
corrections will provide information, | ||
as appropriate of the following
procedures:
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(a) At the request of the crime victim, law enforcement | ||
authorities
investigating the case shall provide notice of the | ||
status of the investigation,
except where the State's Attorney |
determines that disclosure of such
information would | ||
unreasonably interfere with the investigation, until such
time | ||
as the alleged assailant is apprehended or the investigation is | ||
closed.
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(a-5) When law enforcement authorities re-open a closed | ||
case to resume investigating, they shall provide notice of the | ||
re-opening of the case, except where the State's Attorney | ||
determines that disclosure of such information would | ||
unreasonably interfere with the investigation. | ||
(b) The office of the State's Attorney:
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(1) shall provide notice of the filing of an | ||
information, the return of an
indictment by which a | ||
prosecution for any violent crime is commenced , or the
| ||
filing of a petition to adjudicate a minor as a delinquent | ||
for a violent
crime;
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(2) shall provide timely notice of the date, time, and | ||
place of court proceedings; of any change in the date, | ||
time, and place of court proceedings; and of any | ||
cancellation of court proceedings. Notice shall be | ||
provided in sufficient time, wherever possible, for the | ||
victim to
make arrangements to attend or to prevent an | ||
unnecessary appearance at court proceedings trial ;
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(3) or victim advocate personnel shall provide | ||
information of social
services and financial assistance | ||
available for victims of crime, including
information of | ||
how to apply for these services and assistance;
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(3.5) or victim advocate personnel shall provide | ||
information about available victim services, including | ||
referrals to programs, counselors, and agencies that | ||
assist a victim to deal with trauma, loss, and grief;
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(4) shall assist in having any stolen or other personal | ||
property held by
law enforcement authorities for | ||
evidentiary or other purposes returned as
expeditiously as | ||
possible, pursuant to the procedures set out in Section | ||
115-9
of the Code of Criminal Procedure of 1963;
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(5) or victim advocate personnel shall provide | ||
appropriate employer
intercession services to ensure that | ||
employers of victims will cooperate with
the criminal | ||
justice system in order to minimize an employee's loss of | ||
pay and
other benefits resulting from court appearances;
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(6) shall provide , information whenever possible, of a | ||
secure waiting
area during court proceedings that does not | ||
require victims to be in close
proximity to defendants | ||
defendant or juveniles accused of a violent crime, and | ||
their
families and friends;
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(7) shall provide notice to the crime victim of the | ||
right to have a
translator present at all court proceedings | ||
and, in compliance with the federal Americans
with | ||
Disabilities Act of 1990, the right to communications | ||
access through a
sign language interpreter or by other | ||
means;
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(8) (blank); in the case of the death of a person, |
which death occurred in the same
transaction or occurrence | ||
in which acts occurred for which a defendant is
charged | ||
with an offense, shall notify the spouse, parent, child or | ||
sibling of
the decedent of the date of the trial of the | ||
person or persons allegedly
responsible for the death;
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(8.5) shall inform the victim of the right to be | ||
present at all court proceedings, unless the victim is to | ||
testify and the court determines that the victim's | ||
testimony would be materially affected if the victim hears | ||
other testimony at trial;
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(9) shall inform the victim of the right to have | ||
present at all court
proceedings, subject to the rules of | ||
evidence and confidentiality , an advocate and or other | ||
support
person of the victim's choice ; , and | ||
(9.3) shall inform the victim of the right to retain an | ||
attorney, at the
victim's own expense, who, upon written | ||
notice filed with the clerk of the
court and State's | ||
Attorney, is to receive copies of all notices, motions and
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court orders filed thereafter in the case, in the same | ||
manner as if the victim
were a named party in the case;
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(9.5) shall inform the victim of (A) the victim's right | ||
under Section 6 of this Act to make a victim impact | ||
statement at the sentencing hearing; (B) the right of the | ||
victim's spouse, guardian, parent, grandparent and other | ||
immediate family and household members under Section 6 of | ||
this Act to present an impact statement at sentencing; and |
(C) if a presentence report is to be prepared, the right of | ||
the victim's spouse, guardian, parent, grandparent and | ||
other immediate family and household members to submit | ||
information to the preparer of the presentence report about | ||
the effect the offense has had on the victim and the | ||
person;
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(10) at the sentencing hearing shall make a good faith | ||
attempt to explain
the minimum amount of time during which | ||
the defendant may actually be
physically imprisoned. The | ||
Office of the State's Attorney shall further notify
the | ||
crime victim of the right to request from the Prisoner | ||
Review Board
information concerning the release of the | ||
defendant under subparagraph (d)(1)
of this Section;
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(11) shall request restitution at sentencing and as | ||
part of a plea agreement if the victim requests restitution | ||
shall consider
restitution in any plea negotiation, as | ||
provided by law ; and
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(12) shall, upon the court entering a verdict of not | ||
guilty by reason of insanity, inform the victim of the | ||
notification services available from the Department of | ||
Human Services, including the statewide telephone number, | ||
under subparagraph (d)(2) of this Section ; . | ||
(c) At the written request of the crime victim, the office | ||
of the State's
Attorney shall:
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(1) provide notice a reasonable time in advance of the | ||
following court
proceedings: preliminary hearing, any |
hearing the effect of which may be the
release of defendant | ||
from custody, or to alter the conditions of bond and the
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sentencing hearing. The crime victim shall also be notified | ||
of the
cancellation of the court proceeding in sufficient | ||
time, wherever possible, to
prevent an unnecessary | ||
appearance in court;
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(13) shall (2) provide notice within a reasonable time | ||
after receipt of notice from
the custodian, of the release | ||
of the defendant on bail or personal recognizance
or the | ||
release from detention of a minor who has been detained for | ||
a violent
crime ;
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(14) shall (3) explain in nontechnical language the | ||
details of any plea or verdict of
a defendant, or any | ||
adjudication of a juvenile as a delinquent for a violent
| ||
crime ;
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(15) shall make all reasonable efforts to (4) where | ||
practical, consult with the crime victim before the Office | ||
of
the State's Attorney makes an offer of a plea bargain to | ||
the defendant or
enters into negotiations with the | ||
defendant concerning a possible plea
agreement, and shall | ||
consider the written victim impact statement, if prepared
| ||
prior to entering into a plea agreement . The right to | ||
consult with the prosecutor does not include the right to | ||
veto a plea agreement or to insist the case go to trial. If | ||
the State's Attorney has not consulted with the victim | ||
prior to making an offer or entering into plea negotiations |
with the defendant, the Office of the State's Attorney | ||
shall notify the victim of the offer or the negotiations | ||
within 2 business days and confer with the victim ;
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(16) shall (5) provide notice of the ultimate | ||
disposition of the cases arising from
an indictment or an | ||
information, or a petition to have a juvenile adjudicated
| ||
as a delinquent for a violent crime;
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(17) shall (6) provide notice of any appeal taken by | ||
the defendant and information
on how to contact the | ||
appropriate agency handling the appeal , and how to request | ||
notice of any hearing, oral argument, or decision of an | ||
appellate court ;
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(18) shall (7) provide timely notice of any request for | ||
post-conviction review filed by the
defendant under | ||
Article 122 of the Code of Criminal Procedure of 1963, and | ||
of
the date, time and place of any hearing concerning the | ||
petition. Whenever
possible, notice of the hearing shall be | ||
given within 48 hours of the court's scheduling of the | ||
hearing; and in advance;
| ||
(19) shall (8) forward a copy of any statement | ||
presented under Section 6 to the
Prisoner Review Board to | ||
be considered by the Board in making its determination
| ||
under subsection (b) of Section 3-3-8 of the Unified Code | ||
of Corrections.
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(c) The court shall ensure that the rights of the victim | ||
are afforded. |
(c-5) The following procedures shall be followed to afford | ||
victims the rights guaranteed by Article I, Section 8.1 of the | ||
Illinois Constitution: | ||
(1) Written notice. A victim may complete a written | ||
notice of intent to assert rights on a form prepared by the | ||
Office of the Attorney General and provided to the victim | ||
by the State's Attorney. The victim may at any time provide | ||
a revised written notice to the State's Attorney. The | ||
State's Attorney shall file the written notice with the | ||
court. At the beginning of any court proceeding in which | ||
the right of a victim may be at issue, the court and | ||
prosecutor shall review the written notice to determine | ||
whether the victim has asserted the right that may be at | ||
issue. | ||
(2) Victim's retained attorney. A victim's attorney | ||
shall file an entry of appearance limited to assertion of | ||
the victim's rights. Upon the filing of the entry of | ||
appearance and service on the State's Attorney and the | ||
defendant, the attorney is to receive copies of all | ||
notices, motions and court orders filed thereafter in the | ||
case. | ||
(3) Standing. The victim has standing to assert the | ||
rights enumerated in subsection (a) of Article I, Section | ||
8.1 of the Illinois Constitution and the statutory rights | ||
under Section 4 of this Act in any court exercising | ||
jurisdiction over the criminal case. The prosecuting |
attorney, a victim, or the victim's retained attorney may | ||
assert the victim's rights. The defendant in the criminal | ||
case has no standing to assert a right of the victim in any | ||
court proceeding, including on appeal. | ||
(4) Assertion of and enforcement of rights. | ||
(A) The prosecuting attorney shall assert a | ||
victim's right or request enforcement of a right by | ||
filing a motion or by orally asserting the right or | ||
requesting enforcement in open court in the criminal | ||
case outside the presence of the jury. The prosecuting | ||
attorney shall consult with the victim and the victim's | ||
attorney regarding the assertion or enforcement of a | ||
right. If the prosecuting attorney decides not to | ||
assert or enforce a victim's right, the prosecuting | ||
attorney shall notify the victim or the victim's | ||
attorney in sufficient time to allow the victim or the | ||
victim's attorney to assert the right or to seek | ||
enforcement of a right. | ||
(B) If the prosecuting attorney elects not to | ||
assert a victim's right or to seek enforcement of a | ||
right, the victim or the victim's attorney may assert | ||
the victim's right or request enforcement of a right by | ||
filing a motion or by orally asserting the right or | ||
requesting enforcement in open court in the criminal | ||
case outside the presence of the jury. | ||
(C) If the prosecuting attorney asserts a victim's |
right or seeks enforcement of a right, and the court | ||
denies the assertion of the right or denies the request | ||
for enforcement of a right, the victim or victim's | ||
attorney may file a motion to assert the victim's right | ||
or to request enforcement of the right within 10 days | ||
of the court's ruling. The motion need not demonstrate | ||
the grounds for a motion for reconsideration. The court | ||
shall rule on the merits of the motion. | ||
(D) The court shall take up and decide any motion | ||
or request asserting or seeking enforcement of a | ||
victim's right without delay, unless a specific time | ||
period is specified by law or court rule. The reasons | ||
for any decision denying the motion or request shall be | ||
clearly stated on the record. | ||
(5) Violation of rights and remedies. | ||
(A) If the court determines that a victim's right | ||
has been violated, the court shall determine the | ||
appropriate remedy for the violation of the victim's | ||
right by hearing from the victim and the parties, | ||
considering all factors relevant to the issue, and then | ||
awarding appropriate relief to the victim. | ||
(B) The appropriate remedy shall include only | ||
actions necessary to provide the victim the right to | ||
which the victim was entitled and may include reopening | ||
previously held proceedings; however, in no event | ||
shall the court vacate a conviction. Any remedy shall |
be tailored to provide the victim an appropriate remedy | ||
without violating any constitutional right of the | ||
defendant. In no event shall the appropriate remedy be | ||
a new trial, damages, or costs. | ||
(6) Right to be heard. Whenever a victim has the right | ||
to be heard, the court shall allow the victim to exercise | ||
the right in any reasonable manner the victim chooses. | ||
(7) Right to attend trial. A party must file a written | ||
motion to exclude a victim from trial at least 60 days | ||
prior to the date set for trial. The motion must state with | ||
specificity the reason exclusion is necessary to protect a | ||
constitutional right of the party, and must contain an | ||
offer of proof. The court shall rule on the motion within | ||
30 days. If the motion is granted, the court shall set | ||
forth on the record the facts that support its finding that | ||
the victim's testimony will be materially affected if the | ||
victim hears other testimony at trial. | ||
(8) Right to have advocate present. A party who intends | ||
to call an advocate as a witness must seek permission of | ||
the court before the subpoena is issued. The party must | ||
file a written motion and offer of proof regarding the | ||
anticipated testimony of the advocate in sufficient time to | ||
allow the court to rule and the victim to seek appellate | ||
review. The court shall rule on the motion without delay. | ||
(9) Right to notice and hearing before disclosure of | ||
confidential or privileged information or records. A |
defendant who seeks to subpoena records of or concerning | ||
the victim that are confidential or privileged by law must | ||
seek permission of the court before the subpoena is issued. | ||
The defendant must file a written motion and an offer of | ||
proof regarding the relevance, admissibility and | ||
materiality of the records. If the court finds by a | ||
preponderance of the evidence that: (A) the records are not | ||
protected by an absolute privilege and (B) the records | ||
contain relevant, admissible, and material evidence that | ||
is not available through other witnesses or evidence, the | ||
court shall issue a subpoena requiring a sealed copy of the | ||
records be delivered to the court to be reviewed in camera. | ||
If, after conducting an in camera review of the records, | ||
the court determines that due process requires disclosure | ||
of any portion of the records, the court shall provide | ||
copies of what it intends to disclose to the prosecuting | ||
attorney and the victim. The prosecuting attorney and the | ||
victim shall have 30 days to seek appellate review before | ||
the records are disclosed to the defendant. The disclosure | ||
of copies of any portion of the records to the prosecuting | ||
attorney does not make the records subject to discovery. | ||
(10) Right to notice of court proceedings. If the | ||
victim is not present at a court proceeding in which a | ||
right of the victim is at issue, the court shall ask the | ||
prosecuting attorney whether the victim was notified of the | ||
time, place, and purpose of the court proceeding and that |
the victim had a right to be heard at the court proceeding. | ||
If the court determines that timely notice was not given or | ||
that the victim was not adequately informed of the nature | ||
of the court proceeding, the court shall not rule on any | ||
substantive issues, accept a plea, or impose a sentence and | ||
shall continue the hearing for the time necessary to notify | ||
the victim of the time, place and nature of the court | ||
proceeding. The time between court proceedings shall not be | ||
attributable to the State under Section 103-5 of the Code | ||
of Criminal Procedure of 1963. | ||
(11) Right to timely disposition of the case. A victim | ||
has the right to timely disposition of the case so as to | ||
minimize the stress, cost, and inconvenience resulting | ||
from the victim's involvement in the case. Before ruling on | ||
a motion to continue trial or other court proceeding, the | ||
court shall inquire into the circumstances for the request | ||
for the delay and, if the victim has provided written | ||
notice of the assertion of the right to a timely | ||
disposition, and whether the victim objects to the delay. | ||
If the victim objects, the prosecutor shall inform the | ||
court of the victim's objections. If the prosecutor has not | ||
conferred with the victim about the continuance, the | ||
prosecutor shall inform the court of the attempts to | ||
confer. If the court finds the attempts of the prosecutor | ||
to confer with the victim were inadequate to protect the | ||
victim's right to be heard, the court shall give the |
prosecutor at least 3 but not more than 5 business days to | ||
confer with the victim. In ruling on a motion to continue, | ||
the court shall consider the reasons for the requested | ||
continuance, the number and length of continuances that | ||
have been granted, the victim's objections and procedures | ||
to avoid further delays. If a continuance is granted over | ||
the victim's objection, the court shall specify on the | ||
record the reasons for the continuance and the procedures | ||
that have been or will be taken to avoid further delays. | ||
(12) Right to Restitution. | ||
(A) If the victim has asserted the right to | ||
restitution and the amount of restitution is known at | ||
the time of sentencing, the court shall enter the | ||
judgment of restitution at the time of sentencing. | ||
(B) If the victim has asserted the right to | ||
restitution and the amount of restitution is not known | ||
at the time of sentencing, the prosecutor shall, within | ||
5 days after sentencing, notify the victim what | ||
information and documentation related to restitution | ||
is needed and that the information and documentation | ||
must be provided to the prosecutor within 45 days after | ||
sentencing. Failure to timely provide information and | ||
documentation related to restitution shall be deemed a | ||
waiver of the right to restitution. The prosecutor | ||
shall file and serve within 60 days after sentencing a | ||
proposed judgment for restitution and a notice that |
includes information concerning the identity of any | ||
victims or other persons seeking restitution, whether | ||
any victim or other person expressly declines | ||
restitution, the nature and amount of any damages | ||
together with any supporting documentation, a | ||
restitution amount recommendation, and the names of | ||
any co-defendants and their case numbers. Within 30 | ||
days after receipt of the proposed judgment for | ||
restitution, the defendant shall file any objection to | ||
the proposed judgment, a statement of grounds for the | ||
objection, and a financial statement. If the defendant | ||
does not file an objection, the court may enter the | ||
judgment for restitution without further proceedings. | ||
If the defendant files an objection and either party | ||
requests a hearing, the court shall schedule a hearing. | ||
(13) Access to presentence reports. | ||
(A) The victim may request a copy of the | ||
presentence report prepared under the Unified Code of | ||
Corrections from the State's Attorney. The State's | ||
Attorney shall redact the following information before | ||
providing a copy of the report: | ||
(i) the defendant's mental history and | ||
condition; | ||
(ii) any evaluation prepared under subsection | ||
(b) or (b-5) of Section 5-3-2; and | ||
(iii) the name, address, phone number, and |
other personal information about any other victim. | ||
(B) The State's Attorney or the defendant may | ||
request the court redact other information in the | ||
report that may endanger the safety of any person. | ||
(C) The State's Attorney may orally disclose to the | ||
victim any of the information that has been redacted if | ||
there is a reasonable likelihood that the information | ||
will be stated in court at the sentencing. | ||
(D) The State's Attorney must advise the victim | ||
that the victim must maintain the confidentiality of | ||
the report and other information. Any dissemination of | ||
the report or information that was not stated at a | ||
court proceeding constitutes indirect criminal | ||
contempt of court. | ||
(14) Appellate relief. If the trial court denies the | ||
relief requested, the victim, the victim's attorney or the | ||
prosecuting attorney may file an appeal within 30 days of | ||
the trial court's ruling. The trial or appellate court may | ||
stay the court proceedings if the court finds that a stay | ||
would not violate a constitutional right of the defendant. | ||
If the appellate court denies the relief sought, the | ||
reasons for the denial shall be clearly stated in a written | ||
opinion. In any appeal in a criminal case, the State may | ||
assert as error the court's denial of any crime victim's | ||
right in the proceeding to which the appeal relates. | ||
(15) Limitation on appellate relief. In no case shall |
an appellate court provide a new trial to remedy the | ||
violation of a victim's right. | ||
(d)(1) The Prisoner Review Board shall inform a victim or | ||
any other
concerned citizen, upon written request, of the | ||
prisoner's release on parole, aftercare release,
mandatory | ||
supervised release, electronic detention, work release, | ||
international transfer or exchange, or by the
custodian of the | ||
discharge of any individual who was adjudicated a delinquent
| ||
for a violent crime from State custody and by the sheriff of | ||
the appropriate
county of any such person's final discharge | ||
from county custody.
The Prisoner Review Board, upon written | ||
request, shall provide to a victim or
any other concerned | ||
citizen a recent photograph of any person convicted of a
| ||
felony, upon his or her release from custody.
The Prisoner
| ||
Review Board, upon written request, shall inform a victim or | ||
any other
concerned citizen when feasible at least 7 days prior | ||
to the prisoner's release
on furlough of the times and dates of | ||
such furlough. Upon written request by
the victim or any other | ||
concerned citizen, the State's Attorney shall notify
the person | ||
once of the times and dates of release of a prisoner sentenced | ||
to
periodic imprisonment. Notification shall be based on the | ||
most recent
information as to victim's or other concerned | ||
citizen's residence or other
location available to the | ||
notifying authority.
| ||
(2) When the defendant has been committed to the Department | ||
of
Human Services pursuant to Section 5-2-4 or any other
|
provision of the Unified Code of Corrections, the victim may | ||
request to be
notified by the releasing authority of the | ||
approval by the court of an on-grounds pass, a supervised | ||
off-grounds pass, an unsupervised off-grounds pass, or | ||
conditional release; the release on an off-grounds pass; the | ||
return from an off-grounds pass; transfer to another facility; | ||
conditional release; escape; death; or final discharge from | ||
State
custody. The Department of Human Services shall establish | ||
and maintain a statewide telephone number to be used by victims | ||
to make notification requests under these provisions and shall | ||
publicize this telephone number on its website and to the | ||
State's Attorney of each county.
| ||
(3) In the event of an escape from State custody, the | ||
Department of
Corrections or the Department of Juvenile Justice | ||
immediately shall notify the Prisoner Review Board of the | ||
escape
and the Prisoner Review Board shall notify the victim. | ||
The notification shall
be based upon the most recent | ||
information as to the victim's residence or other
location | ||
available to the Board. When no such information is available, | ||
the
Board shall make all reasonable efforts to obtain the | ||
information and make
the notification. When the escapee is | ||
apprehended, the Department of
Corrections or the Department of | ||
Juvenile Justice immediately shall notify the Prisoner Review | ||
Board and the Board
shall notify the victim.
| ||
(4) The victim of the crime for which the prisoner has been | ||
sentenced
shall receive reasonable written notice not less than |
30 days prior to the
parole or aftercare release hearing and | ||
may submit, in writing, on film, videotape or other
electronic | ||
means or in the form of a recording or in person at the parole | ||
or aftercare release hearing
or if a victim of a violent crime, | ||
by calling the
toll-free number established in subsection (f) | ||
of this Section, information
for
consideration by the Prisoner | ||
Review Board. The
victim shall be notified within 7 days after | ||
the prisoner has been granted
parole or aftercare release and | ||
shall be informed of the right to inspect the registry of | ||
parole or aftercare release
decisions, established under | ||
subsection (g) of Section 3-3-5 of the Unified
Code of | ||
Corrections. The provisions of this paragraph (4) are subject | ||
to the
Open Parole Hearings Act.
| ||
(5) If a statement is presented under Section 6, the | ||
Prisoner Review Board
shall inform the victim of any order of | ||
discharge entered by the Board pursuant
to Section 3-3-8 of the | ||
Unified Code of Corrections.
| ||
(6) At the written or oral request of the victim of the | ||
crime for which the
prisoner was sentenced or the State's | ||
Attorney of the county where the person seeking parole or | ||
aftercare release was prosecuted, the Prisoner Review Board | ||
shall notify the victim and the State's Attorney of the county | ||
where the person seeking parole or aftercare release was | ||
prosecuted of
the death of the prisoner if the prisoner died | ||
while on parole or aftercare release or mandatory
supervised | ||
release.
|
(7) When a defendant who has been committed to the | ||
Department of
Corrections, the Department of Juvenile Justice, | ||
or the Department of Human Services is released or discharged | ||
and
subsequently committed to the Department of Human Services | ||
as a sexually
violent person and the victim had requested to be | ||
notified by the releasing
authority of the defendant's | ||
discharge, conditional release, death, or escape from State | ||
custody, the releasing
authority shall provide to the | ||
Department of Human Services such information
that would allow | ||
the Department of Human Services to contact the victim.
| ||
(8) When a defendant has been convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act and | ||
has been sentenced to the Department of Corrections or the | ||
Department of Juvenile Justice, the Prisoner Review Board shall | ||
notify the victim of the sex offense of the prisoner's | ||
eligibility for release on parole, aftercare release,
| ||
mandatory supervised release, electronic detention, work | ||
release, international transfer or exchange, or by the
| ||
custodian of the discharge of any individual who was | ||
adjudicated a delinquent
for a sex offense from State custody | ||
and by the sheriff of the appropriate
county of any such | ||
person's final discharge from county custody. The notification | ||
shall be made to the victim at least 30 days, whenever | ||
possible, before release of the sex offender. | ||
(e) The officials named in this Section may satisfy some or | ||
all of their
obligations to provide notices and other |
information through participation in a
statewide victim and | ||
witness notification system established by the Attorney
| ||
General under Section 8.5 of this Act.
| ||
(f) To permit a crime victim of a violent crime to provide | ||
information to the
Prisoner Review Board for consideration by | ||
the
Board at a parole or aftercare release hearing of a person | ||
who committed the crime against
the victim in accordance with | ||
clause (d)(4) of this Section or at a proceeding
to determine | ||
the conditions of mandatory supervised release of a person
| ||
sentenced to a determinate sentence or at a hearing on | ||
revocation of mandatory
supervised release of a person | ||
sentenced to a determinate sentence, the Board
shall establish | ||
a toll-free number that may be accessed by the victim of
a | ||
violent crime to present that information to the Board.
| ||
(Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, | ||
eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558, | ||
eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||
(725 ILCS 120/6) (from Ch. 38, par. 1406)
| ||
Sec. 6. Right to be heard at sentencing Rights to present | ||
victim impact statement .
| ||
(a) A crime victim shall be allowed to present an oral or | ||
written victim impact statement in any case in which a | ||
defendant has been convicted of a violent crime or a juvenile | ||
has been adjudicated delinquent for a violent crime. The court | ||
shall allow a victim to make an oral impact statement if the |
victim is present in the courtroom and requests to make an oral | ||
statement. An oral statement includes the victim or a | ||
representative of the victim reading the written impact | ||
statement. The court may allow persons impacted by the crime | ||
who are not victims under subsection (a) of Section 3 of this | ||
Act to present an oral or written statement. A victim and any | ||
person making an oral statement shall not be put under oath or | ||
subject to cross-examination. In any case where a defendant has | ||
been convicted of a violent crime or a
juvenile has been | ||
adjudicated a delinquent for a violent crime and a victim of | ||
the violent crime or the victim's spouse,
guardian, parent, | ||
grandparent, or other immediate family or household member is | ||
present in
the
courtroom at the time of the sentencing or the | ||
disposition hearing,
the victim or his or her representative | ||
shall have the right and the victim's
spouse, guardian, parent, | ||
grandparent, and other immediate
family or household member | ||
upon his, her, or
their request may be permitted by the court | ||
to address the
court regarding the impact that the defendant's | ||
criminal conduct
or the
juvenile's delinquent conduct has had | ||
upon them and the victim.
The court has discretion to determine | ||
the number of oral presentations of victim impact statements.
| ||
Any impact
statement must have been prepared in writing in | ||
conjunction with the Office
of the State's Attorney prior to | ||
the initial hearing or sentencing, before
it can be presented | ||
orally or in writing at the sentencing hearing. In
conjunction | ||
with the Office of the State's Attorney, a victim impact |
statement
that is presented orally may be done so by the victim | ||
or the victim's spouse,
guardian, parent, grandparent, or other | ||
immediate family or household member or
his,
her, or their
| ||
representative. At the sentencing hearing, the prosecution may | ||
introduce
that evidence either in its
case in chief or in | ||
rebuttal. The court shall
consider any impact statement | ||
presented admitted
along with
all
other appropriate factors in | ||
determining the sentence of the defendant or
disposition of | ||
such juvenile.
| ||
(a-1) In any case where a defendant has been convicted of a | ||
violation of any statute, ordinance, or regulation relating to | ||
the operation or use of motor vehicles, the use of streets and | ||
highways by pedestrians or the operation of any other wheeled | ||
or tracked vehicle, except parking violations, if the violation | ||
resulted in great bodily harm or death, the person who suffered | ||
great bodily harm, the injured person's representative, or the | ||
representative of a deceased person shall be entitled to notice | ||
of the sentencing hearing. "Representative" includes the | ||
spouse, guardian, grandparent, or other immediate family or | ||
household member of an injured or deceased person. The If the | ||
injured person, the injured person's representative, or a | ||
representative of a deceased person is present in the courtroom | ||
at the time of sentencing, the injured person or his or her | ||
representative and a representative of the deceased person | ||
shall have the right to address the court regarding the impact | ||
that the defendant's criminal conduct has had upon them. If |
more than one representative of an injured or deceased person | ||
is present in the courtroom at the time of sentencing, the | ||
court has discretion to permit one or more of the | ||
representatives to present an oral impact statement. A victim | ||
and any person making an oral statement shall not be put under | ||
oath or subject to cross-examination. Any impact statement must | ||
have been prepared in writing in conjunction with the Office of | ||
the State's Attorney prior to the initial hearing or | ||
sentencing, before it can be presented orally or in writing at | ||
the sentencing hearing. In conjunction with the Office of the | ||
State's Attorney, an impact statement that is presented orally | ||
may be done so by the injured person or the representative of | ||
an injured or deceased person. At the sentencing hearing, the | ||
prosecution may introduce that evidence either in its case in | ||
chief or in rebuttal. The court shall consider any impact | ||
statement presented admitted along with all other appropriate | ||
factors in determining the sentence of the defendant. | ||
(a-5) A crime victim shall be allowed to present an oral | ||
and written victim impact statement at In any case where a | ||
defendant has been found not guilty by reason of insanity of a | ||
violent crime and a hearing has been ordered by the court under | ||
the Mental Health and Developmental Disabilities Code to | ||
determine if the defendant is: (1) in need of mental health | ||
services on an inpatient basis; (2) in need of mental health | ||
services on an outpatient basis; or (3) not in need of mental | ||
health services . The court shall allow a victim to make an oral |
impact statement if the victim is present in the courtroom and | ||
requests to make an oral statement. An oral statement includes | ||
the victim or a representative of the victim reading the | ||
written impact statement. The court may allow persons impacted | ||
by the crime who are not victims under subsection (a) of | ||
Section 3 of this Act, to present an oral or written statement. | ||
A victim and any person making an oral statement shall not be | ||
put under oath or subject to cross-examination. and a victim of | ||
the violent crime or the victim's spouse,
guardian, parent, | ||
grandparent, or other immediate family or household member is | ||
present in
the
courtroom at the time of the initial commitment | ||
hearing, the victim or his or her representative shall have the | ||
right and the victim's
spouse, guardian, parent, grandparent, | ||
and other immediate
family or household members upon their | ||
request may be permitted by the court to address the
court | ||
regarding the impact that the defendant's criminal conduct has | ||
had upon them and the victim.
The court has discretion to | ||
determine the number of oral presentations of victim impact | ||
statements.
Any impact
statement must have been prepared in | ||
writing in conjunction with the Office
of the State's Attorney | ||
prior to the initial commitment hearing, before
it may be | ||
presented orally or in writing at the commitment hearing. In
| ||
conjunction with the Office of the State's Attorney, a victim | ||
impact statement
that is presented orally may be presented so | ||
by the victim or the victim's spouse,
guardian, parent, | ||
grandparent, or other immediate family or household member or
|
his or her
representative. At the initial commitment hearing, | ||
the State's Attorney may introduce
the statement either in its
| ||
case in chief or in rebuttal. The court may only consider the | ||
impact statement along with all other appropriate factors in | ||
determining the: (1) threat of serious physical harm poised by | ||
the respondent to himself or herself, or to another person; (2) | ||
location of inpatient or outpatient mental health services | ||
ordered by the court, but only after complying with all other | ||
applicable administrative, rule, and statutory requirements; | ||
(3) maximum period of commitment for inpatient mental health | ||
services; and (4) conditions of release for outpatient mental | ||
health services ordered by the court. | ||
(b) The crime victim has the right to prepare a victim | ||
impact statement
and present it to the Office of the State's | ||
Attorney at any time during the
proceedings. Any written victim | ||
impact statement submitted to the Office of the State's | ||
Attorney shall be considered by the court during its | ||
consideration of aggravation and mitigation in plea | ||
proceedings under Supreme Court Rule 402.
| ||
(c) This Section shall apply to any victims of a violent | ||
crime during any
dispositional hearing under Section 5-705 of | ||
the Juvenile Court
Act of 1987 which takes place pursuant to an | ||
adjudication or trial or plea of
delinquency for any such | ||
offense.
| ||
(Source: P.A. 96-117, eff. 1-1-10; 97-572, eff. 1-1-12.)
|
(725 ILCS 120/7) (from Ch. 38, par. 1407)
| ||
Sec. 7. Responsibilities of victims and witnesses. Victims | ||
and
witnesses shall have the following responsibilities to aid | ||
in the
prosecution of violent crime and to ensure that their | ||
constitutional rights are enforced :
| ||
(a) To make a timely report of the violent crime;
| ||
(b) To cooperate with law enforcement authorities | ||
throughout the
investigation, prosecution, and trial;
| ||
(c) To testify at trial;
| ||
(c-5) to timely provide information and documentation to | ||
the prosecuting attorney that is related to the assertion of | ||
their rights. | ||
(d) To notify law enforcement authorities and the | ||
prosecuting attorney of any change of contact information, | ||
including but not limited to, changes of address and contact | ||
information, including but not limited to changes of address, | ||
telephone number, and email address. Law enforcement | ||
authorities and the prosecuting attorney shall maintain the | ||
confidentiality of this information. A court may find that the | ||
failure to notify the prosecuting attorney of any change in | ||
contact information constitutes waiver of a right of any change | ||
of address .
| ||
(Source: P.A. 83-1499.)
| ||
(725 ILCS 120/8.5)
| ||
Sec. 8.5. Statewide victim and witness notification |
system.
| ||
(a) The Attorney General may establish a crime victim and | ||
witness
notification system to assist public officials in | ||
carrying out their
duties to notify and inform crime victims | ||
and witnesses under Section 4.5 of
this Act or under | ||
subsections (a), (a-2), and (a-3) of Section 120 of the Sex | ||
Offender Community Notification Law as the Attorney General | ||
specifies by rule . The system shall download
necessary
| ||
information from participating officials into its computers, | ||
where it shall be
maintained, updated, and automatically | ||
transmitted to victims and witnesses by
telephone, computer, or | ||
written notice , SMS text message, or other electronic means .
| ||
(b) The Illinois Department of Corrections, the Department | ||
of Juvenile Justice, the Department of Human
Services, and the | ||
Prisoner Review Board shall cooperate with the Attorney
General | ||
in the implementation of this Section and shall provide | ||
information as
necessary to the effective operation of the | ||
system.
| ||
(c) State's attorneys, circuit court clerks, and local law | ||
enforcement
and correctional authorities
may enter into | ||
agreements with the Attorney General for participation in the
| ||
system. The Attorney General may provide those who elect to | ||
participate with
the equipment, software, or training | ||
necessary to bring their offices into the
system.
| ||
(d) The provision of information to crime victims and | ||
witnesses through the
Attorney General's notification system
|
satisfies a given State or local official's corresponding | ||
obligation to provide the information.
| ||
(e) The Attorney General may provide for telephonic, | ||
electronic, or other
public access to the database established | ||
under this Section.
| ||
(f) (Blank). The Attorney General shall adopt rules as | ||
necessary to implement this
Section. The rules shall include, | ||
but not be limited to, provisions for the
scope and operation | ||
of any system the Attorney General may establish
and | ||
procedures, requirements,
and standards for entering into | ||
agreements to participate in the system and to
receive | ||
equipment, software, or training.
| ||
(g) There is established in the Office of the Attorney | ||
General a Crime
Victim and Witness Notification Advisory
| ||
Committee consisting of those victims advocates, sheriffs,
| ||
State's Attorneys, circuit court clerks, Illinois Department | ||
of
Corrections, the Department of Juvenile Justice, and | ||
Prisoner Review
Board
employees that the Attorney General
| ||
chooses to appoint. The Attorney General shall designate one | ||
member to chair
the Committee.
| ||
(1) The Committee shall consult with and advise the | ||
Attorney General as to
the exercise of the Attorney | ||
General's authority under this Section, including,
but not | ||
limited
to:
| ||
(i) the design, scope, and operation of the | ||
notification system;
|
(ii) the content of any rules adopted to implement | ||
this Section;
| ||
(iii) the procurement of hardware, software, and
| ||
support for the system, including choice of supplier or | ||
operator; and
| ||
(iv) the acceptance of agreements with and the | ||
award of equipment,
software, or training to officials | ||
that seek to participate in the system.
| ||
(2) The Committee shall review the status and operation | ||
of the system and
report any findings and recommendations | ||
for changes to the Attorney General and
the General | ||
Assembly by November 1 of each year.
| ||
(3) The members of the Committee shall receive no | ||
compensation for their
services as members of the | ||
Committee, but may be reimbursed for their actual
expenses | ||
incurred in serving on the Committee.
| ||
(h) The Attorney General shall not release the names, | ||
addresses,
phone numbers, personal identification numbers, or | ||
email addresses of
any person registered to receive | ||
notifications to any other person except
State or local | ||
officials using the notification system to satisfy the | ||
official's
obligation to provide the information. The Attorney | ||
General may
grant limited access to the Automated Victim | ||
Notification system (AVN) to law enforcement, prosecution,
and | ||
other agencies that provide service to victims of violent crime | ||
to assist
victims in enrolling and utilizing the AVN system. |
(Source: P.A. 98-717, eff. 1-1-15 .)
| ||
(725 ILCS 120/9) (from Ch. 38, par. 1408)
| ||
Sec. 9. This Act does not limit any rights or | ||
responsibilities otherwise
enjoyed by or imposed upon victims | ||
or witnesses of violent crime, nor does it
grant any person a | ||
cause of action in equity or at law for compensation for | ||
damages or attorneys fees. Any act of
omission or commission by | ||
any law enforcement officer, circuit court clerk,
or
State's
| ||
Attorney, by the Attorney General, Prisoner Review Board, | ||
Department of
Corrections,
the Department of Juvenile Justice, | ||
Department of Human Services, or other State agency, or private | ||
entity under
contract pursuant to Section 8, or by any employee | ||
of any
State agency or private entity under contract pursuant | ||
to Section 8 acting
in good faith in rendering crime victim's | ||
assistance or
otherwise enforcing this Act shall not impose | ||
civil liability upon the
individual or entity or his or her | ||
supervisor or employer. Nothing in this Act
shall create a | ||
basis for vacating a conviction or a ground for appellate | ||
relief
requested by the defendant in any criminal case. Failure | ||
of the crime victim to receive notice as
required, however, | ||
shall not deprive the court of the power to act regarding
the | ||
proceeding before it; nor shall any such failure grant the | ||
defendant the
right to seek a continuance.
| ||
(Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)
|
Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-3-4 as follows:
| ||
(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||
Sec. 5-3-4. Disclosure of Reports.
| ||
(a) Any report made pursuant to this Article or Section | ||
5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||
record with the court in a sealed envelope.
| ||
(b) Presentence reports shall be open for inspection only | ||
as follows:
| ||
(1) to the sentencing court;
| ||
(2) to the state's attorney and the defendant's | ||
attorney at least 3 days
prior to the imposition of | ||
sentence, unless such 3 day requirement is waived;
| ||
(3) to an appellate court in which the conviction or | ||
sentence is subject
to review;
| ||
(4) to any department, agency or institution to which | ||
the defendant is
committed;
| ||
(5) to any probation department of whom courtesy | ||
probation is requested;
| ||
(6) to any probation department assigned by a court of | ||
lawful
jurisdiction to conduct a presentence report;
| ||
(6.5) to the victim of a crime under paragraph (13) of | ||
subsection (c-5) of Section 4.5 of the Rights of Crime | ||
Victims and Witnesses Act;
| ||
(7) to any other person only as ordered by the court; |
and
| ||
(8) to any mental health professional on behalf of the | ||
Illinois
Department
of Corrections or the Department of | ||
Human Services or to a prosecutor who is
evaluating or | ||
investigating a potential or actual petition brought under
| ||
the Sexually Violent Persons Commitment Act relating to a | ||
person who is the
subject of
a
presentence report or the | ||
respondent to a petition brought under the
Sexually Violent | ||
Persons Commitment Act who is the subject of the | ||
presentence
report sought.
Any records and any information | ||
obtained from those records under this
paragraph (8) may be | ||
used only in sexually violent persons commitment
| ||
proceedings.
| ||
(c) Presentence reports shall be filed of record with the | ||
court within
60 days of a verdict or finding of guilty for any | ||
offense involving an
illegal sexual act perpetrated upon a | ||
victim, including but not limited to
offenses for violations of | ||
Article 12 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, or any offense determined by the court or the probation | ||
department to be sexually motivated, as defined in the Sex | ||
Offender Management Board Act.
| ||
(d) A complaint, information or indictment shall not be | ||
quashed or
dismissed nor shall any person in custody for an | ||
offense be discharged from
custody because of noncompliance | ||
with subsection (c) of this Section.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |