Bill Amendment: IL HB1121 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2015-08-20 - Public Act . . . . . . . . . 99-0413 [HB1121 Detail]
Download: Illinois-2015-HB1121-House_Amendment_002.html
Bill Title: CRIMINAL LAW-TECH
Status: 2015-08-20 - Public Act . . . . . . . . . 99-0413 [HB1121 Detail]
Download: Illinois-2015-HB1121-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 1121
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2 | AMENDMENT NO. ______. Amend House Bill 1121 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as Marsy's Law.
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5 | Section 5. The Rights of Crime Victims and Witnesses Act is | ||||||
6 | amended by changing Sections 2, 3, 4, 4.5, 6, 7, 8.5, and 9 as | ||||||
7 | follows:
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8 | (725 ILCS 120/2) (from Ch. 38, par. 1402)
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9 | Sec. 2.
The purpose of this Act is to implement, preserve , | ||||||
10 | and protect , and enforce the
rights guaranteed to crime victims | ||||||
11 | by Article I, Section 8.1 of the Illinois
Constitution to | ||||||
12 | ensure that crime victims are treated with fairness and
respect | ||||||
13 | for their dignity and privacy throughout the criminal justice | ||||||
14 | system , to ensure that crime victims are informed of their | ||||||
15 | rights and have standing to assert their rights in the trial |
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1 | and appellate courts, to establish procedures for enforcement | ||||||
2 | of those rights,
and to increase the effectiveness of the | ||||||
3 | criminal justice system by affording
certain basic rights and | ||||||
4 | considerations to the witnesses of violent crime who
are | ||||||
5 | essential to prosecution.
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6 | (Source: P.A. 88-489.)
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7 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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8 | Sec. 3. The terms used in this Act , unless the context | ||||||
9 | clearly
requires otherwise, shall have the following meanings:
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10 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
11 | person determined by the prosecutor or the court to have | ||||||
12 | suffered direct physical or psychological harm as a result of a | ||||||
13 | violent crime perpetrated or attempted against that person or | ||||||
14 | direct physical or psychological harm as a result of (i) a | ||||||
15 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
16 | similar provision of a local ordinance or (ii) a violation of | ||||||
17 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
18 | of 2012; (2) in the case of a crime victim who is under 18 years | ||||||
19 | of age or an adult victim who is incompetent or incapacitated, | ||||||
20 | both parents, legal guardians, foster parents, or a single | ||||||
21 | adult representative; (3) in the case of an adult deceased | ||||||
22 | victim, 2 representatives who may be the spouse, parent, child | ||||||
23 | or sibling of the victim, or the representative of the victim's | ||||||
24 | estate; and (4) an immediate family member of a victim under | ||||||
25 | clause (1) of this paragraph (a) chosen by the victim. If the |
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1 | victim is 18 years of age or over, the victim may choose any | ||||||
2 | person to be the victim's representative. In no event shall the | ||||||
3 | defendant or any person who aided and abetted in the commission | ||||||
4 | of the crime be considered a victim, a crime victim, or a | ||||||
5 | representative of the victim. | ||||||
6 | A board, agency, or other governmental entity making | ||||||
7 | decisions regarding an offender's release, sentence reduction, | ||||||
8 | or clemency can determine additional persons are victims for | ||||||
9 | the purpose of its proceedings. "Crime victim" and "victim" | ||||||
10 | mean (1) a person physically injured in this State as a
result | ||||||
11 | of a violent crime perpetrated or attempted against that person | ||||||
12 | or (2) a
person who suffers injury to or loss of property as a | ||||||
13 | result of a violent crime
perpetrated or attempted against that | ||||||
14 | person or (3) a single
representative who
may be the spouse, | ||||||
15 | parent, child or sibling of a person killed as a result of a
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16 | violent crime perpetrated against the person killed or the | ||||||
17 | spouse, parent,
child or sibling of any person granted rights | ||||||
18 | under this Act who is physically
or mentally incapable of | ||||||
19 | exercising such rights, except where the spouse,
parent, child | ||||||
20 | or sibling is also the defendant or prisoner or (4) any person
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21 | against whom a violent crime has been committed or (5) any | ||||||
22 | person
who has suffered personal injury as a result of a | ||||||
23 | violation of Section 11-501
of the Illinois Vehicle Code, or of | ||||||
24 | a similar provision of a local ordinance,
or of Section 9-3 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 or (6) | ||||||
26 | in proceedings under the Juvenile Court Act of 1987, both |
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1 | parents, legal guardians, foster parents, or a single adult | ||||||
2 | representative of a minor or disabled person who is a crime | ||||||
3 | victim.
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4 | (a-3) "Advocate" means a person whose communications with | ||||||
5 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
6 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
7 | Domestic Violence Act of 1986. | ||||||
8 | (a-5) "Confer" means to consult together, share | ||||||
9 | information, compare opinions and carry on a discussion or | ||||||
10 | deliberation. | ||||||
11 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
12 | imposition of sentence, a request for a reduction in sentence, | ||||||
13 | parole, mandatory supervised release, aftercare release, early | ||||||
14 | release, clemency, or a proposal that would reduce the | ||||||
15 | defendant's sentence or result in the defendant's release. | ||||||
16 | "Early release" refers to a discretionary release. | ||||||
17 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
18 | imposition of sentence and a request for a reduction in | ||||||
19 | sentence, parole, mandatory supervised release, aftercare | ||||||
20 | release, or early release. | ||||||
21 | (b) "Witness" means any person who personally observed the | ||||||
22 | commission of
a violent crime and who will testify on behalf of | ||||||
23 | the State of Illinois in
the criminal prosecution of the | ||||||
24 | violent crime .
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25 | (c) "Violent Crime" means : (1) any felony in which force or | ||||||
26 | threat of force was
used against the victim ; (2) , or any |
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1 | offense involving sexual exploitation, sexual
conduct or | ||||||
2 | sexual penetration ; (3) , or a violation of Section 11-20.1, | ||||||
3 | 11-20.1B, or 11-20.3 , or 11-23.5 of the Criminal Code of 1961 | ||||||
4 | or the Criminal Code of 2012 ; (4) , domestic battery , stalking ; | ||||||
5 | (5) , violation of an order of
protection, stalking , a civil no | ||||||
6 | contact order, or a stalking no contact order; (6) or any | ||||||
7 | misdemeanor which results in death or great bodily
harm to the | ||||||
8 | victim ; or (7) any violation of Section 9-3 of the Criminal | ||||||
9 | Code of
1961 or the Criminal Code of 2012, or Section 11-501 of | ||||||
10 | the Illinois Vehicle
Code, or a similar provision of a local | ||||||
11 | ordinance, if the violation resulted
in personal injury or | ||||||
12 | death . "Violent crime" , and includes any action committed by a | ||||||
13 | juvenile
that would be a violent crime if committed by an | ||||||
14 | adult. For the purposes of
this paragraph, "personal injury" | ||||||
15 | shall include any Type A injury as indicated
on the traffic | ||||||
16 | accident report completed by a law enforcement officer that
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17 | requires immediate professional attention in either a doctor's | ||||||
18 | office or
medical facility. A type A injury shall include | ||||||
19 | severely bleeding wounds,
distorted extremities, and injuries | ||||||
20 | that require the injured party to be
carried from the scene.
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21 | (d) (Blank). "Sentencing Hearing" means any hearing where a | ||||||
22 | sentence is imposed
by the court on a convicted defendant and | ||||||
23 | includes hearings conducted
pursuant to Sections 5-6-4, | ||||||
24 | 5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code of
Corrections.
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25 | (e) "Court proceedings" includes , but is not limited to, | ||||||
26 | the preliminary hearing, any post-arraignment hearing the
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1 | effect of which may be the release of the defendant from | ||||||
2 | custody or to alter
the conditions of bond, change of plea | ||||||
3 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
4 | sentencing hearing, notice of appeal , any oral argument or | ||||||
5 | hearing before an Illinois appellate court, any hearing under | ||||||
6 | the Mental Health and Developmental Disabilities Code after a | ||||||
7 | finding that the defendant is not guilty by reason of insanity, | ||||||
8 | any
hearing related to a modification of sentence, probation | ||||||
9 | revocation hearing hearings , aftercare release or parole | ||||||
10 | hearings , post-conviction relief proceedings, habeas corpus | ||||||
11 | proceedings and clemency proceedings related to the | ||||||
12 | defendant's conviction or sentence. For purposes of the | ||||||
13 | victim's right to be present, "court proceedings" does not | ||||||
14 | include (1) hearings under Section 109-1 of the Code of | ||||||
15 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
16 | status hearings, or (4) the issuance of an order or decision of | ||||||
17 | an Illinois court that dismisses a charge, reverses a | ||||||
18 | conviction, reduces a sentence, or releases an offender under a | ||||||
19 | court rule .
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20 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
21 | friends of the victim, witnesses to the
crime, or any other | ||||||
22 | person associated with the victim or prisoner. | ||||||
23 | (g) "Victim's attorney" means an attorney retained by the | ||||||
24 | victim for the purposes of asserting the victim's | ||||||
25 | constitutional and statutory rights. An attorney retained by | ||||||
26 | the victim means an attorney who is hired to represent the |
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1 | victim at the victim's expense or an attorney who has agreed to | ||||||
2 | provide pro bono representation. Nothing in this statute | ||||||
3 | creates a right to counsel at public expense for a victim. | ||||||
4 | (Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||||||
5 | 98-558, eff. 1-1-14.)
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6 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
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7 | Sec. 4. Rights of crime victims.
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8 | (a) Crime victims shall have the following rights:
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9 | (1) The right to be treated with fairness and respect | ||||||
10 | for their dignity
and privacy and to be free from | ||||||
11 | harassment, intimidation, and abuse throughout the | ||||||
12 | criminal justice process.
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13 | (1.5) The right to notice and to a hearing before a | ||||||
14 | court ruling on a request for access to any of the victim's | ||||||
15 | records, information, or communications which are | ||||||
16 | privileged or confidential by law.
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17 | (2) The right to timely notification of all court | ||||||
18 | proceedings.
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19 | (3) The right to communicate with the prosecution.
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20 | (4) The right to be heard at any post-arraignment court | ||||||
21 | proceeding in which a right of the victim is at issue and | ||||||
22 | any court proceeding involving a post-arraignment release | ||||||
23 | decision, plea, or make a statement to the court at | ||||||
24 | sentencing.
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25 | (5) The right to be notified of information about the |
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1 | conviction, the sentence, the imprisonment
and the release | ||||||
2 | of the accused.
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3 | (6) The right to the timely disposition of the case | ||||||
4 | following the arrest
of the accused.
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5 | (7) The right to be reasonably protected from the | ||||||
6 | accused through the
criminal justice process.
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7 | (7.5) The right to have the safety of the victim and | ||||||
8 | the victim's family considered in denying or fixing the | ||||||
9 | amount of bail, determining whether to release the | ||||||
10 | defendant, and setting conditions of release after arrest | ||||||
11 | and conviction.
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12 | (8) The right to be present at the trial and all other | ||||||
13 | court proceedings
on the same basis as the accused, unless | ||||||
14 | the victim is to testify and the court
determines that the | ||||||
15 | victim's testimony would be materially affected if the
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16 | victim hears other testimony at the trial.
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17 | (9) The the right to have present at all court | ||||||
18 | proceedings, including proceedings under the Juvenile | ||||||
19 | Court Act of 1987, subject to the admonition of the rules | ||||||
20 | of confidentiality and subject to the
rules of evidence, a | ||||||
21 | victim-witness specialist, an advocate and or other | ||||||
22 | support person of the victim's choice.
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23 | (10) The right to restitution.
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24 | (b) Any law enforcement agency that investigates an offense | ||||||
25 | committed in this State shall provide a crime victim with a | ||||||
26 | written statement and explanation of the rights of crime |
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1 | victims under this amendatory Act of the 99th General Assembly | ||||||
2 | within 48 hours of law enforcement's initial contact with a | ||||||
3 | victim. The statement shall include information about crime | ||||||
4 | victim compensation, including how to contact the Office of the | ||||||
5 | Illinois Attorney General to file a claim, and appropriate | ||||||
6 | referrals to local and State programs that provide victim | ||||||
7 | services. The content of the statement shall be provided to law | ||||||
8 | enforcement by the Attorney General. Law enforcement shall also | ||||||
9 | provide a crime victim with a sign-off sheet that the victim | ||||||
10 | shall sign and date as an acknowledgement that he or she has | ||||||
11 | been furnished with information and an explanation of the | ||||||
12 | rights of crime victims and compensation set forth in this Act. | ||||||
13 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
14 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
15 | Illinois Constitution and subsection (a) of this Section within | ||||||
16 | 3 feet of the door to any courtroom where criminal proceedings | ||||||
17 | are conducted. The clerk may also post the rights in other | ||||||
18 | locations in the courthouse. | ||||||
19 | (d) A statement and explanation of the rights of crime | ||||||
20 | victims set forth in paragraph (a) of this Section shall be | ||||||
21 | given to a crime victim at the initial
contact with the | ||||||
22 | criminal justice system by the appropriate authorities and | ||||||
23 | shall be conspicuously posted in all court facilities.
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24 | (Source: P.A. 97-815, eff. 1-1-13.)
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25 | (725 ILCS 120/4.5)
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1 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
2 | victims. To afford
crime victims their rights, law enforcement, | ||||||
3 | prosecutors, judges and
corrections will provide information, | ||||||
4 | as appropriate of the following
procedures:
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5 | (a) At the request of the crime victim, law enforcement | ||||||
6 | authorities
investigating the case shall provide notice of the | ||||||
7 | status of the investigation,
except where the State's Attorney | ||||||
8 | determines that disclosure of such
information would | ||||||
9 | unreasonably interfere with the investigation, until such
time | ||||||
10 | as the alleged assailant is apprehended or the investigation is | ||||||
11 | closed.
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12 | (a-5) When law enforcement authorities re-open a closed | ||||||
13 | case to resume investigating, they shall provide notice of the | ||||||
14 | re-opening of the case, except where the State's Attorney | ||||||
15 | determines that disclosure of such information would | ||||||
16 | unreasonably interfere with the investigation. | ||||||
17 | (b) The office of the State's Attorney:
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18 | (1) shall provide notice of the filing of an | ||||||
19 | information, the return of an
indictment by which a | ||||||
20 | prosecution for any violent crime is commenced , or the
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21 | filing of a petition to adjudicate a minor as a delinquent | ||||||
22 | for a violent
crime;
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23 | (2) shall provide timely notice of the date, time, and | ||||||
24 | place of court proceedings; of any change in the date, | ||||||
25 | time, and place of court proceedings; and of any | ||||||
26 | cancellation of court proceedings. Notice shall be |
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1 | provided in sufficient time, wherever possible, for the | ||||||
2 | victim to
make arrangements to attend or to prevent an | ||||||
3 | unnecessary appearance at court proceedings trial ;
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4 | (3) or victim advocate personnel shall provide | ||||||
5 | information of social
services and financial assistance | ||||||
6 | available for victims of crime, including
information of | ||||||
7 | how to apply for these services and assistance;
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8 | (3.5) or victim advocate personnel shall provide | ||||||
9 | information about available victim services, including | ||||||
10 | referrals to programs, counselors, and agencies that | ||||||
11 | assist a victim to deal with trauma, loss, and grief;
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12 | (4) shall assist in having any stolen or other personal | ||||||
13 | property held by
law enforcement authorities for | ||||||
14 | evidentiary or other purposes returned as
expeditiously as | ||||||
15 | possible, pursuant to the procedures set out in Section | ||||||
16 | 115-9
of the Code of Criminal Procedure of 1963;
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17 | (5) or victim advocate personnel shall provide | ||||||
18 | appropriate employer
intercession services to ensure that | ||||||
19 | employers of victims will cooperate with
the criminal | ||||||
20 | justice system in order to minimize an employee's loss of | ||||||
21 | pay and
other benefits resulting from court appearances;
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22 | (6) shall provide , information whenever possible, of a | ||||||
23 | secure waiting
area during court proceedings that does not | ||||||
24 | require victims to be in close
proximity to defendants | ||||||
25 | defendant or juveniles accused of a violent crime, and | ||||||
26 | their
families and friends;
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1 | (7) shall provide notice to the crime victim of the | ||||||
2 | right to have a
translator present at all court proceedings | ||||||
3 | and, in compliance with the federal Americans
with | ||||||
4 | Disabilities Act of 1990, the right to communications | ||||||
5 | access through a
sign language interpreter or by other | ||||||
6 | means;
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7 | (8) (blank); in the case of the death of a person, | ||||||
8 | which death occurred in the same
transaction or occurrence | ||||||
9 | in which acts occurred for which a defendant is
charged | ||||||
10 | with an offense, shall notify the spouse, parent, child or | ||||||
11 | sibling of
the decedent of the date of the trial of the | ||||||
12 | person or persons allegedly
responsible for the death;
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13 | (8.5) shall inform the victim of the right to be | ||||||
14 | present at all court proceedings, unless the victim is to | ||||||
15 | testify and the court determines that the victim's | ||||||
16 | testimony would be materially affected if the victim hears | ||||||
17 | other testimony at trial;
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18 | (9) shall inform the victim of the right to have | ||||||
19 | present at all court
proceedings, subject to the rules of | ||||||
20 | evidence and confidentiality , an advocate and or other | ||||||
21 | support
person of the victim's choice ; , and | ||||||
22 | (9.3) shall inform the victim of the right to retain an | ||||||
23 | attorney, at the
victim's own expense, who, upon written | ||||||
24 | notice filed with the clerk of the
court and State's | ||||||
25 | Attorney, is to receive copies of all notices, motions and
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26 | court orders filed thereafter in the case, in the same |
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1 | manner as if the victim
were a named party in the case;
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2 | (9.5) shall inform the victim of (A) the victim's right | ||||||
3 | under Section 6 of this Act to make a victim impact | ||||||
4 | statement at the sentencing hearing; (B) the right of the | ||||||
5 | victim's spouse, guardian, parent, grandparent and other | ||||||
6 | immediate family and household members under Section 6 of | ||||||
7 | this Act to present an impact statement at sentencing; and | ||||||
8 | (C) if a presentence report is to be prepared, the right of | ||||||
9 | the victim's spouse, guardian, parent, grandparent and | ||||||
10 | other immediate family and household members to submit | ||||||
11 | information to the preparer of the presentence report about | ||||||
12 | the effect the offense has had on the victim and the | ||||||
13 | person;
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14 | (10) at the sentencing hearing shall make a good faith | ||||||
15 | attempt to explain
the minimum amount of time during which | ||||||
16 | the defendant may actually be
physically imprisoned. The | ||||||
17 | Office of the State's Attorney shall further notify
the | ||||||
18 | crime victim of the right to request from the Prisoner | ||||||
19 | Review Board
information concerning the release of the | ||||||
20 | defendant under subparagraph (d)(1)
of this Section;
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21 | (11) shall request restitution at sentencing and as | ||||||
22 | part of a plea agreement if the victim requests restitution | ||||||
23 | shall consider
restitution in any plea negotiation, as | ||||||
24 | provided by law ; and
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25 | (12) shall, upon the court entering a verdict of not | ||||||
26 | guilty by reason of insanity, inform the victim of the |
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1 | notification services available from the Department of | ||||||
2 | Human Services, including the statewide telephone number, | ||||||
3 | under subparagraph (d)(2) of this Section ; . | ||||||
4 | (c) At the written request of the crime victim, the office | ||||||
5 | of the State's
Attorney shall:
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6 | (1) provide notice a reasonable time in advance of the | ||||||
7 | following court
proceedings: preliminary hearing, any | ||||||
8 | hearing the effect of which may be the
release of defendant | ||||||
9 | from custody, or to alter the conditions of bond and the
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10 | sentencing hearing. The crime victim shall also be notified | ||||||
11 | of the
cancellation of the court proceeding in sufficient | ||||||
12 | time, wherever possible, to
prevent an unnecessary | ||||||
13 | appearance in court;
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14 | (13) shall (2) provide notice within a reasonable time | ||||||
15 | after receipt of notice from
the custodian, of the release | ||||||
16 | of the defendant on bail or personal recognizance
or the | ||||||
17 | release from detention of a minor who has been detained for | ||||||
18 | a violent
crime ;
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19 | (14) shall (3) explain in nontechnical language the | ||||||
20 | details of any plea or verdict of
a defendant, or any | ||||||
21 | adjudication of a juvenile as a delinquent for a violent
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22 | crime ;
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23 | (15) shall make all reasonable efforts to (4) where | ||||||
24 | practical, consult with the crime victim before the Office | ||||||
25 | of
the State's Attorney makes an offer of a plea bargain to | ||||||
26 | the defendant or
enters into negotiations with the |
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1 | defendant concerning a possible plea
agreement, and shall | ||||||
2 | consider the written victim impact statement, if prepared
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3 | prior to entering into a plea agreement . The right to | ||||||
4 | consult with the prosecutor does not include the right to | ||||||
5 | veto a plea agreement or to insist the case go to trial. If | ||||||
6 | the State's Attorney has not consulted with the victim | ||||||
7 | prior to making an offer or entering into plea negotiations | ||||||
8 | with the defendant, the Office of the State's Attorney | ||||||
9 | shall notify the victim of the offer or the negotiations | ||||||
10 | within 2 business days and confer with the victim ;
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11 | (16) shall (5) provide notice of the ultimate | ||||||
12 | disposition of the cases arising from
an indictment or an | ||||||
13 | information, or a petition to have a juvenile adjudicated
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14 | as a delinquent for a violent crime;
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15 | (17) shall (6) provide notice of any appeal taken by | ||||||
16 | the defendant and information
on how to contact the | ||||||
17 | appropriate agency handling the appeal , and how to request | ||||||
18 | notice of any hearing, oral argument, or decision of an | ||||||
19 | appellate court ;
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20 | (18) shall (7) provide timely notice of any request for | ||||||
21 | post-conviction review filed by the
defendant under | ||||||
22 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
23 | of
the date, time and place of any hearing concerning the | ||||||
24 | petition. Whenever
possible, notice of the hearing shall be | ||||||
25 | given within 48 hours of the of the court's scheduling of | ||||||
26 | the hearing; and in advance;
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1 | (19) shall (8) forward a copy of any statement | ||||||
2 | presented under Section 6 to the
Prisoner Review Board to | ||||||
3 | be considered by the Board in making its determination
| ||||||
4 | under subsection (b) of Section 3-3-8 of the Unified Code | ||||||
5 | of Corrections.
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6 | (c) The court shall ensure that the rights of the victim | ||||||
7 | are afforded. | ||||||
8 | (c-5) The following procedures shall be followed to afford | ||||||
9 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
10 | Illinois Constitution: | ||||||
11 | (1) Written notice. A victim may complete a written | ||||||
12 | notice of intent to assert rights on a form prepared by the | ||||||
13 | Office of the Attorney General and provided to the victim | ||||||
14 | by the State's Attorney. The victim may at any time provide | ||||||
15 | a revised written notice to the State's Attorney. The | ||||||
16 | State's Attorney shall file the written notice with the | ||||||
17 | court. At the beginning of any court proceeding in which | ||||||
18 | the right of a victim may be at issue, the court and | ||||||
19 | prosecutor shall review the written notice to determine | ||||||
20 | whether the victim has asserted the right that may be at | ||||||
21 | issue. | ||||||
22 | (2) Victim's retained attorney. A victim's attorney | ||||||
23 | shall file an entry of appearance limited to assertion of | ||||||
24 | the victim's rights. Upon the filing of the entry of | ||||||
25 | appearance and service on the State's Attorney and the | ||||||
26 | defendant, the attorney is to receive copies of all |
| |||||||
| |||||||
1 | notices, motions and court orders filed thereafter in the | ||||||
2 | case. | ||||||
3 | (3) Standing. The victim has standing to assert the | ||||||
4 | rights enumerated in subsection (a) of Article I, Section | ||||||
5 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
6 | under Section 4 of this Act in any court exercising | ||||||
7 | jurisdiction over the criminal case. The prosecuting | ||||||
8 | attorney, a victim, or the victim's retained attorney may | ||||||
9 | assert the victim's rights. The defendant in the criminal | ||||||
10 | case has no standing to assert a right of the victim in any | ||||||
11 | court proceeding, including on appeal. | ||||||
12 | (4) Assertion of and enforcement of rights. | ||||||
13 | (A) The prosecuting attorney shall assert a | ||||||
14 | victim's right or request enforcement of a right by | ||||||
15 | filing a motion or by orally asserting the right or | ||||||
16 | requesting enforcement in open court in the criminal | ||||||
17 | case outside the presence of the jury. The prosecuting | ||||||
18 | attorney shall consult with the victim and the victim's | ||||||
19 | attorney regarding the assertion or enforcement of a | ||||||
20 | right. If the prosecuting attorney decides not to | ||||||
21 | assert or enforce a victim's right, the prosecuting | ||||||
22 | attorney shall notify the victim or the victim's | ||||||
23 | attorney in sufficient time to allow the victim or the | ||||||
24 | victim's attorney to assert the right or to seek | ||||||
25 | enforcement of a right. | ||||||
26 | (B) If the prosecuting attorney elects not to |
| |||||||
| |||||||
1 | assert a victim's right or to seek enforcement of a | ||||||
2 | right, the victim or the victim's attorney may assert | ||||||
3 | the victim's right or request enforcement of a right by | ||||||
4 | filing a motion or by orally asserting the right or | ||||||
5 | requesting enforcement in open court in the criminal | ||||||
6 | case outside the presence of the jury. | ||||||
7 | (C) If the prosecuting attorney asserts a victim's | ||||||
8 | right or seeks enforcement of a right, and the court | ||||||
9 | denies the assertion of the right or denies the request | ||||||
10 | for enforcement of a right, the victim or victim's | ||||||
11 | attorney may file a motion to assert the victim's right | ||||||
12 | or to request enforcement of the right within 10 days | ||||||
13 | of the court's ruling. The motion need not demonstrate | ||||||
14 | the grounds for a motion for reconsideration. The court | ||||||
15 | shall rule on the merits of the motion. | ||||||
16 | (D) The court shall take up and decide any motion | ||||||
17 | or request asserting or seeking enforcement of a | ||||||
18 | victim's right without delay, unless a specific time | ||||||
19 | period is specified by law or court rule. The reasons | ||||||
20 | for any decision denying the motion or request shall be | ||||||
21 | clearly stated on the record. | ||||||
22 | (5) Violation of rights and remedies. | ||||||
23 | (A) If the court determines that a victim's right | ||||||
24 | has been violated, the court shall determine the | ||||||
25 | appropriate remedy for the violation of the victim's | ||||||
26 | right by hearing from the victim and the parties, |
| |||||||
| |||||||
1 | considering all factors relevant to the issue, and then | ||||||
2 | awarding appropriate relief to the victim. | ||||||
3 | (B) The appropriate remedy shall include only | ||||||
4 | actions necessary to provide the victim the right to | ||||||
5 | which the victim was entitled and may include reopening | ||||||
6 | previously held proceedings; however, in no event | ||||||
7 | shall the court vacate a conviction. Any remedy shall | ||||||
8 | be tailored to provide the victim an appropriate remedy | ||||||
9 | without violating any constitutional right of the | ||||||
10 | defendant. In no event shall the appropriate remedy be | ||||||
11 | a new trial, damages, or costs. | ||||||
12 | (6) Right to be heard. Whenever a victim has the right | ||||||
13 | to be heard, the court shall allow the victim to exercise | ||||||
14 | the right in any reasonable manner the victim chooses. | ||||||
15 | (7) Right to attend trial. A party must file a written | ||||||
16 | motion to exclude a victim from trial at least 60 days | ||||||
17 | prior to the date set for trial. The motion must state with | ||||||
18 | specificity the reason exclusion is necessary to protect a | ||||||
19 | constitutional right of the party, and must contain an | ||||||
20 | offer of proof. The court shall rule on the motion within | ||||||
21 | 30 days. If the motion is granted, the court shall set | ||||||
22 | forth on the record the facts that support its finding that | ||||||
23 | the victim's testimony will be materially affected if the | ||||||
24 | victim hears other testimony at trial. | ||||||
25 | (8) Right to have advocate present. A party who intends | ||||||
26 | to call an advocate as a witness must seek permission of |
| |||||||
| |||||||
1 | the court before the subpoena is issued. The party must | ||||||
2 | file a written motion and offer of proof regarding the | ||||||
3 | anticipated testimony of the advocate in sufficient time to | ||||||
4 | allow the court to rule and the victim to seek appellate | ||||||
5 | review. The court shall rule on the motion without delay. | ||||||
6 | (9) Right to notice and hearing before disclosure of | ||||||
7 | confidential or privileged information or records. A | ||||||
8 | defendant who seeks to subpoena records of or concerning | ||||||
9 | the victim that are confidential or privileged by law must | ||||||
10 | seek permission of the court before the subpoena is issued. | ||||||
11 | The defendant must file a written motion and an offer of | ||||||
12 | proof regarding the relevance, admissibility and | ||||||
13 | materiality of the records. If the court finds by clear and | ||||||
14 | convincing evidence that: (A) the records are not protected | ||||||
15 | by an absolute privilege and (B) the records contain | ||||||
16 | relevant, admissible, and material evidence that is not | ||||||
17 | available through other witnesses or evidence, the court | ||||||
18 | shall issue a subpoena requiring a sealed copy of the | ||||||
19 | records be delivered to the court to be reviewed in camera. | ||||||
20 | If, after conducting an in camera review of the records, | ||||||
21 | the court determines that due process requires disclosure | ||||||
22 | of any portion of the records, the court shall provide | ||||||
23 | copies of what it intends to disclose to the prosecuting | ||||||
24 | attorney and the victim. The prosecuting attorney and the | ||||||
25 | victim shall have 30 days to seek appellate review before | ||||||
26 | the records are disclosed to the defendant. The disclosure |
| |||||||
| |||||||
1 | of copies of any portion of the records to the prosecuting | ||||||
2 | attorney does not make the records subject to discovery. | ||||||
3 | (10) Right to notice of court proceedings. If the | ||||||
4 | victim is not present at a court proceeding in which a | ||||||
5 | right of the victim is at issue, the court shall ask the | ||||||
6 | prosecuting attorney whether the victim was notified of the | ||||||
7 | time, place, and purpose of the court proceeding and that | ||||||
8 | the victim had a right to be heard at the court proceeding. | ||||||
9 | If the court determines that timely notice was not given or | ||||||
10 | that the victim was not adequately informed of the nature | ||||||
11 | of the court proceeding, the court shall not rule on any | ||||||
12 | substantive issues, accept a plea, or impose a sentence and | ||||||
13 | shall continue the hearing for the time necessary to notify | ||||||
14 | the victim of the time, place and nature of the court | ||||||
15 | proceeding. The time between court proceedings shall not be | ||||||
16 | attributable to the State under Section 103-5 of the Code | ||||||
17 | of Criminal Procedure of 1963. | ||||||
18 | (11) Right to timely disposition of the case. A victim | ||||||
19 | has the right to timely disposition of the case so as to | ||||||
20 | minimize the stress, cost, and inconvenience resulting | ||||||
21 | from the victim's involvement in the case. Before ruling on | ||||||
22 | a motion to continue trial or other court proceeding, the | ||||||
23 | court shall inquire into the circumstances for the request | ||||||
24 | for the delay and, if the victim has provided written | ||||||
25 | notice of the assertion of the right to a timely | ||||||
26 | disposition, and whether the victim objects to the delay. |
| |||||||
| |||||||
1 | If the victim objects, the prosecutor shall inform the | ||||||
2 | court of the victim's objections. If the prosecutor has not | ||||||
3 | conferred with the victim about the continuance, the | ||||||
4 | prosecutor shall inform the court of the attempts to | ||||||
5 | confer. If the court finds the attempts of the prosecutor | ||||||
6 | to confer with the victim were inadequate to protect the | ||||||
7 | victim's right to be heard, the court shall give the | ||||||
8 | prosecutor at least 3 but not more than 5 business days to | ||||||
9 | confer with the victim. In ruling on a motion to continue, | ||||||
10 | the court shall consider the reasons for the requested | ||||||
11 | continuance, the number and length of continuances that | ||||||
12 | have been granted, the victim's objections and procedures | ||||||
13 | to avoid further delays. If a continuance is granted over | ||||||
14 | the victim's objection, the court shall specify on the | ||||||
15 | record the reasons for the continuance and the procedures | ||||||
16 | that have been or will be taken to avoid further delays. | ||||||
17 | (12) Right to Restitution. | ||||||
18 | (A) If the victim has asserted the right to | ||||||
19 | restitution and the amount of restitution is known at | ||||||
20 | the time of sentencing, the court shall enter the | ||||||
21 | judgment of restitution at the time of sentencing. | ||||||
22 | (B) If the victim has asserted the right to | ||||||
23 | restitution and the amount of restitution is not known | ||||||
24 | at the time of sentencing, the prosecutor shall, within | ||||||
25 | 5 days after sentencing, notify the victim what | ||||||
26 | information and documentation related to restitution |
| |||||||
| |||||||
1 | is needed and that the information and documentation | ||||||
2 | must be provided to the prosecutor within 45 days after | ||||||
3 | sentencing. Failure to timely provide information and | ||||||
4 | documentation related to restitution shall be deemed a | ||||||
5 | waiver of the right to restitution. The prosecutor | ||||||
6 | shall file and serve within 60 days after sentencing a | ||||||
7 | proposed judgment for restitution and a notice that | ||||||
8 | includes information concerning the identity of any | ||||||
9 | victims or other persons seeking restitution, whether | ||||||
10 | any victim or other person expressly declines | ||||||
11 | restitution, the nature and amount of any damages | ||||||
12 | together with any supporting documentation, a | ||||||
13 | restitution amount recommendation, and the names of | ||||||
14 | any co-defendants and their case numbers. Within 30 | ||||||
15 | days after receipt of the proposed judgment for | ||||||
16 | restitution, the defendant shall file any objection to | ||||||
17 | the proposed judgment, a statement of grounds for the | ||||||
18 | objection, and a financial statement. If the defendant | ||||||
19 | does not file an objection, the court may enter the | ||||||
20 | judgment for restitution without further proceedings. | ||||||
21 | If the defendant files an objection and either party | ||||||
22 | requests a hearing, the court shall schedule a hearing. | ||||||
23 | (13) Access to presentence reports. | ||||||
24 | (A) The victim may request a copy of the | ||||||
25 | presentence report prepared under the Unified Code of | ||||||
26 | Corrections from the State's Attorney. The State's |
| |||||||
| |||||||
1 | Attorney shall redact the following information before | ||||||
2 | providing a copy of the report: | ||||||
3 | (i) the defendant's mental history and | ||||||
4 | condition; | ||||||
5 | (ii) any evaluation prepared under subsection | ||||||
6 | (b) or (b-5) of Section 5-3-2; and | ||||||
7 | (iii) the name, address, phone number, and | ||||||
8 | other personal information about any other victim. | ||||||
9 | (B) The State's Attorney or the defendant may | ||||||
10 | request the court redact other information in the | ||||||
11 | report that may endanger the safety of any person. | ||||||
12 | (C) The State's Attorney may orally disclose to the | ||||||
13 | victim any of the information that has been redacted if | ||||||
14 | there is a reasonable likelihood that the information | ||||||
15 | will be stated in court at the sentencing. | ||||||
16 | (D) The State's Attorney must advise the victim | ||||||
17 | that the victim must maintain the confidentiality of | ||||||
18 | the report and other information. Any dissemination of | ||||||
19 | the report or information that was not stated at a | ||||||
20 | court proceeding constitutes indirect criminal | ||||||
21 | contempt of court. | ||||||
22 | (14) Appellate relief. If the trial court denies the | ||||||
23 | relief requested, the victim, the victim's attorney or the | ||||||
24 | prosecuting attorney may file an appeal within 30 days of | ||||||
25 | the trial court's ruling. The trial or appellate court may | ||||||
26 | stay the court proceedings if the court finds that a stay |
| |||||||
| |||||||
1 | would not violate a constitutional right of the defendant. | ||||||
2 | If the appellate court denies the relief sought, the | ||||||
3 | reasons for the denial shall be clearly stated in a written | ||||||
4 | opinion. In any appeal in a criminal case, the State may | ||||||
5 | assert as error the court's denial of any crime victim's | ||||||
6 | right in the proceeding to which the appeal relates. | ||||||
7 | (15) Limitation on appellate relief. In no case shall | ||||||
8 | an appellate court provide a new trial to remedy the | ||||||
9 | violation of a victim's right. | ||||||
10 | (d)(1) The Prisoner Review Board shall inform a victim or | ||||||
11 | any other
concerned citizen, upon written request, of the | ||||||
12 | prisoner's release on parole, aftercare release,
mandatory | ||||||
13 | supervised release, electronic detention, work release, | ||||||
14 | international transfer or exchange, or by the
custodian of the | ||||||
15 | discharge of any individual who was adjudicated a delinquent
| ||||||
16 | for a violent crime from State custody and by the sheriff of | ||||||
17 | the appropriate
county of any such person's final discharge | ||||||
18 | from county custody.
The Prisoner Review Board, upon written | ||||||
19 | request, shall provide to a victim or
any other concerned | ||||||
20 | citizen a recent photograph of any person convicted of a
| ||||||
21 | felony, upon his or her release from custody.
The Prisoner
| ||||||
22 | Review Board, upon written request, shall inform a victim or | ||||||
23 | any other
concerned citizen when feasible at least 7 days prior | ||||||
24 | to the prisoner's release
on furlough of the times and dates of | ||||||
25 | such furlough. Upon written request by
the victim or any other | ||||||
26 | concerned citizen, the State's Attorney shall notify
the person |
| |||||||
| |||||||
1 | once of the times and dates of release of a prisoner sentenced | ||||||
2 | to
periodic imprisonment. Notification shall be based on the | ||||||
3 | most recent
information as to victim's or other concerned | ||||||
4 | citizen's residence or other
location available to the | ||||||
5 | notifying authority.
| ||||||
6 | (2) When the defendant has been committed to the Department | ||||||
7 | of
Human Services pursuant to Section 5-2-4 or any other
| ||||||
8 | provision of the Unified Code of Corrections, the victim may | ||||||
9 | request to be
notified by the releasing authority of the | ||||||
10 | approval by the court of an on-grounds pass, a supervised | ||||||
11 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
12 | conditional release; the release on an off-grounds pass; the | ||||||
13 | return from an off-grounds pass; transfer to another facility; | ||||||
14 | conditional release; escape; death; or final discharge from | ||||||
15 | State
custody. The Department of Human Services shall establish | ||||||
16 | and maintain a statewide telephone number to be used by victims | ||||||
17 | to make notification requests under these provisions and shall | ||||||
18 | publicize this telephone number on its website and to the | ||||||
19 | State's Attorney of each county.
| ||||||
20 | (3) In the event of an escape from State custody, the | ||||||
21 | Department of
Corrections or the Department of Juvenile Justice | ||||||
22 | immediately shall notify the Prisoner Review Board of the | ||||||
23 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
24 | The notification shall
be based upon the most recent | ||||||
25 | information as to the victim's residence or other
location | ||||||
26 | available to the Board. When no such information is available, |
| |||||||
| |||||||
1 | the
Board shall make all reasonable efforts to obtain the | ||||||
2 | information and make
the notification. When the escapee is | ||||||
3 | apprehended, the Department of
Corrections or the Department of | ||||||
4 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
5 | Board and the Board
shall notify the victim.
| ||||||
6 | (4) The victim of the crime for which the prisoner has been | ||||||
7 | sentenced
shall receive reasonable written notice not less than | ||||||
8 | 30 days prior to the
parole or aftercare release hearing and | ||||||
9 | may submit, in writing, on film, videotape or other
electronic | ||||||
10 | means or in the form of a recording or in person at the parole | ||||||
11 | or aftercare release hearing
or if a victim of a violent crime, | ||||||
12 | by calling the
toll-free number established in subsection (f) | ||||||
13 | of this Section, information
for
consideration by the Prisoner | ||||||
14 | Review Board. The
victim shall be notified within 7 days after | ||||||
15 | the prisoner has been granted
parole or aftercare release and | ||||||
16 | shall be informed of the right to inspect the registry of | ||||||
17 | parole or aftercare release
decisions, established under | ||||||
18 | subsection (g) of Section 3-3-5 of the Unified
Code of | ||||||
19 | Corrections. The provisions of this paragraph (4) are subject | ||||||
20 | to the
Open Parole Hearings Act.
| ||||||
21 | (5) If a statement is presented under Section 6, the | ||||||
22 | Prisoner Review Board
shall inform the victim of any order of | ||||||
23 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
24 | Unified Code of Corrections.
| ||||||
25 | (6) At the written or oral request of the victim of the | ||||||
26 | crime for which the
prisoner was sentenced or the State's |
| |||||||
| |||||||
1 | Attorney of the county where the person seeking parole or | ||||||
2 | aftercare release was prosecuted, the Prisoner Review Board | ||||||
3 | shall notify the victim and the State's Attorney of the county | ||||||
4 | where the person seeking parole or aftercare release was | ||||||
5 | prosecuted of
the death of the prisoner if the prisoner died | ||||||
6 | while on parole or aftercare release or mandatory
supervised | ||||||
7 | release.
| ||||||
8 | (7) When a defendant who has been committed to the | ||||||
9 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
10 | or the Department of Human Services is released or discharged | ||||||
11 | and
subsequently committed to the Department of Human Services | ||||||
12 | as a sexually
violent person and the victim had requested to be | ||||||
13 | notified by the releasing
authority of the defendant's | ||||||
14 | discharge, conditional release, death, or escape from State | ||||||
15 | custody, the releasing
authority shall provide to the | ||||||
16 | Department of Human Services such information
that would allow | ||||||
17 | the Department of Human Services to contact the victim.
| ||||||
18 | (8) When a defendant has been convicted of a sex offense as | ||||||
19 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
20 | has been sentenced to the Department of Corrections or the | ||||||
21 | Department of Juvenile Justice, the Prisoner Review Board shall | ||||||
22 | notify the victim of the sex offense of the prisoner's | ||||||
23 | eligibility for release on parole, aftercare release,
| ||||||
24 | mandatory supervised release, electronic detention, work | ||||||
25 | release, international transfer or exchange, or by the
| ||||||
26 | custodian of the discharge of any individual who was |
| |||||||
| |||||||
1 | adjudicated a delinquent
for a sex offense from State custody | ||||||
2 | and by the sheriff of the appropriate
county of any such | ||||||
3 | person's final discharge from county custody. The notification | ||||||
4 | shall be made to the victim at least 30 days, whenever | ||||||
5 | possible, before release of the sex offender. | ||||||
6 | (e) The officials named in this Section may satisfy some or | ||||||
7 | all of their
obligations to provide notices and other | ||||||
8 | information through participation in a
statewide victim and | ||||||
9 | witness notification system established by the Attorney
| ||||||
10 | General under Section 8.5 of this Act.
| ||||||
11 | (f) To permit a crime victim of a violent crime to provide | ||||||
12 | information to the
Prisoner Review Board for consideration by | ||||||
13 | the
Board at a parole or aftercare release hearing of a person | ||||||
14 | who committed the crime against
the victim in accordance with | ||||||
15 | clause (d)(4) of this Section or at a proceeding
to determine | ||||||
16 | the conditions of mandatory supervised release of a person
| ||||||
17 | sentenced to a determinate sentence or at a hearing on | ||||||
18 | revocation of mandatory
supervised release of a person | ||||||
19 | sentenced to a determinate sentence, the Board
shall establish | ||||||
20 | a toll-free number that may be accessed by the victim of
a | ||||||
21 | violent crime to present that information to the Board.
| ||||||
22 | (Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, | ||||||
23 | eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558, | ||||||
24 | eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
25 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
|
| |||||||
| |||||||
1 | Sec. 6. Right to be heard at sentencing Rights to present | ||||||
2 | victim impact statement .
| ||||||
3 | (a) A crime victim shall be allowed to present an oral or | ||||||
4 | written victim impact statement in any case in which a | ||||||
5 | defendant has been convicted of a violent crime or a juvenile | ||||||
6 | has been adjudicated delinquent for a violent crime. The court | ||||||
7 | shall allow a victim to make an oral impact statement if the | ||||||
8 | victim is present in the courtroom and requests to make an oral | ||||||
9 | statement. An oral statement includes the victim or a | ||||||
10 | representative of the victim reading the written impact | ||||||
11 | statement. The court may allow persons impacted by the crime | ||||||
12 | who are not victims under subsection (a) of Section 3 of this | ||||||
13 | Act to present an oral or written statement. A victim and any | ||||||
14 | person making an oral statement shall not be put under oath or | ||||||
15 | subject to cross-examination. In any case where a defendant has | ||||||
16 | been convicted of a violent crime or a
juvenile has been | ||||||
17 | adjudicated a delinquent for a violent crime and a victim of | ||||||
18 | the violent crime or the victim's spouse,
guardian, parent, | ||||||
19 | grandparent, or other immediate family or household member is | ||||||
20 | present in
the
courtroom at the time of the sentencing or the | ||||||
21 | disposition hearing,
the victim or his or her representative | ||||||
22 | shall have the right and the victim's
spouse, guardian, parent, | ||||||
23 | grandparent, and other immediate
family or household member | ||||||
24 | upon his, her, or
their request may be permitted by the court | ||||||
25 | to address the
court regarding the impact that the defendant's | ||||||
26 | criminal conduct
or the
juvenile's delinquent conduct has had |
| |||||||
| |||||||
1 | upon them and the victim.
The court has discretion to determine | ||||||
2 | the number of oral presentations of victim impact statements.
| ||||||
3 | Any impact
statement must have been prepared in writing in | ||||||
4 | conjunction with the Office
of the State's Attorney prior to | ||||||
5 | the initial hearing or sentencing, before
it can be presented | ||||||
6 | orally or in writing at the sentencing hearing. In
conjunction | ||||||
7 | with the Office of the State's Attorney, a victim impact | ||||||
8 | statement
that is presented orally may be done so by the victim | ||||||
9 | or the victim's spouse,
guardian, parent, grandparent, or other | ||||||
10 | immediate family or household member or
his,
her, or their
| ||||||
11 | representative. At the sentencing hearing, the prosecution may | ||||||
12 | introduce
that evidence either in its
case in chief or in | ||||||
13 | rebuttal. The court shall
consider any impact statement | ||||||
14 | presented admitted
along with
all
other appropriate factors in | ||||||
15 | determining the sentence of the defendant or
disposition of | ||||||
16 | such juvenile.
| ||||||
17 | (a-1) In any case where a defendant has been convicted of a | ||||||
18 | violation of any statute, ordinance, or regulation relating to | ||||||
19 | the operation or use of motor vehicles, the use of streets and | ||||||
20 | highways by pedestrians or the operation of any other wheeled | ||||||
21 | or tracked vehicle, except parking violations, if the violation | ||||||
22 | resulted in great bodily harm or death, the person who suffered | ||||||
23 | great bodily harm, the injured person's representative, or the | ||||||
24 | representative of a deceased person shall be entitled to notice | ||||||
25 | of the sentencing hearing. "Representative" includes the | ||||||
26 | spouse, guardian, grandparent, or other immediate family or |
| |||||||
| |||||||
1 | household member of an injured or deceased person. The If the | ||||||
2 | injured person, the injured person's representative, or a | ||||||
3 | representative of a deceased person is present in the courtroom | ||||||
4 | at the time of sentencing, the injured person or his or her | ||||||
5 | representative and a representative of the deceased person | ||||||
6 | shall have the right to address the court regarding the impact | ||||||
7 | that the defendant's criminal conduct has had upon them. If | ||||||
8 | more than one representative of an injured or deceased person | ||||||
9 | is present in the courtroom at the time of sentencing, the | ||||||
10 | court has discretion to permit one or more of the | ||||||
11 | representatives to present an oral impact statement. A victim | ||||||
12 | and any person making an oral statement shall not be put under | ||||||
13 | oath or subject to cross-examination. Any impact statement must | ||||||
14 | have been prepared in writing in conjunction with the Office of | ||||||
15 | the State's Attorney prior to the initial hearing or | ||||||
16 | sentencing, before it can be presented orally or in writing at | ||||||
17 | the sentencing hearing. In conjunction with the Office of the | ||||||
18 | State's Attorney, an impact statement that is presented orally | ||||||
19 | may be done so by the injured person or the representative of | ||||||
20 | an injured or deceased person. At the sentencing hearing, the | ||||||
21 | prosecution may introduce that evidence either in its case in | ||||||
22 | chief or in rebuttal. The court shall consider any impact | ||||||
23 | statement presented admitted along with all other appropriate | ||||||
24 | factors in determining the sentence of the defendant. | ||||||
25 | (a-5) A crime victim shall be allowed to present an oral | ||||||
26 | and written victim impact statement at In any case where a |
| |||||||
| |||||||
1 | defendant has been found not guilty by reason of insanity of a | ||||||
2 | violent crime and a hearing has been ordered by the court under | ||||||
3 | the Mental Health and Developmental Disabilities Code to | ||||||
4 | determine if the defendant is: (1) in need of mental health | ||||||
5 | services on an inpatient basis; (2) in need of mental health | ||||||
6 | services on an outpatient basis; or (3) not in need of mental | ||||||
7 | health services . The court shall allow a victim to make an oral | ||||||
8 | impact statement if the victim is present in the courtroom and | ||||||
9 | requests to make an oral statement. An oral statement includes | ||||||
10 | the victim or a representative of the victim reading the | ||||||
11 | written impact statement. The court may allow persons impacted | ||||||
12 | by the crime who are not victims under subsection (a) of | ||||||
13 | Section 3 of this Act, to present an oral or written statement. | ||||||
14 | A victim and any person making an oral statement shall not be | ||||||
15 | put under oath or subject to cross-examination. and a victim of | ||||||
16 | the violent crime or the victim's spouse,
guardian, parent, | ||||||
17 | grandparent, or other immediate family or household member is | ||||||
18 | present in
the
courtroom at the time of the initial commitment | ||||||
19 | hearing, the victim or his or her representative shall have the | ||||||
20 | right and the victim's
spouse, guardian, parent, grandparent, | ||||||
21 | and other immediate
family or household members upon their | ||||||
22 | request may be permitted by the court to address the
court | ||||||
23 | regarding the impact that the defendant's criminal conduct has | ||||||
24 | had upon them and the victim.
The court has discretion to | ||||||
25 | determine the number of oral presentations of victim impact | ||||||
26 | statements.
Any impact
statement must have been prepared in |
| |||||||
| |||||||
1 | writing in conjunction with the Office
of the State's Attorney | ||||||
2 | prior to the initial commitment hearing, before
it may be | ||||||
3 | presented orally or in writing at the commitment hearing. In
| ||||||
4 | conjunction with the Office of the State's Attorney, a victim | ||||||
5 | impact statement
that is presented orally may be presented so | ||||||
6 | by the victim or the victim's spouse,
guardian, parent, | ||||||
7 | grandparent, or other immediate family or household member or
| ||||||
8 | his or her
representative. At the initial commitment hearing, | ||||||
9 | the State's Attorney may introduce
the statement either in its
| ||||||
10 | case in chief or in rebuttal. The court may only consider the | ||||||
11 | impact statement along with all other appropriate factors in | ||||||
12 | determining the: (1) threat of serious physical harm poised by | ||||||
13 | the respondent to himself or herself, or to another person; (2) | ||||||
14 | location of inpatient or outpatient mental health services | ||||||
15 | ordered by the court, but only after complying with all other | ||||||
16 | applicable administrative, rule, and statutory requirements; | ||||||
17 | (3) maximum period of commitment for inpatient mental health | ||||||
18 | services; and (4) conditions of release for outpatient mental | ||||||
19 | health services ordered by the court. | ||||||
20 | (b) The crime victim has the right to prepare a victim | ||||||
21 | impact statement
and present it to the Office of the State's | ||||||
22 | Attorney at any time during the
proceedings. Any written victim | ||||||
23 | impact statement submitted to the Office of the State's | ||||||
24 | Attorney shall be considered by the court during its | ||||||
25 | consideration of aggravation and mitigation in plea | ||||||
26 | proceedings under Supreme Court Rule 402.
|
| |||||||
| |||||||
1 | (c) This Section shall apply to any victims of a violent | ||||||
2 | crime during any
dispositional hearing under Section 5-705 of | ||||||
3 | the Juvenile Court
Act of 1987 which takes place pursuant to an | ||||||
4 | adjudication or trial or plea of
delinquency for any such | ||||||
5 | offense.
| ||||||
6 | (Source: P.A. 96-117, eff. 1-1-10; 97-572, eff. 1-1-12.)
| ||||||
7 | (725 ILCS 120/7) (from Ch. 38, par. 1407)
| ||||||
8 | Sec. 7. Responsibilities of victims and witnesses. Victims | ||||||
9 | and
witnesses shall have the following responsibilities to aid | ||||||
10 | in the
prosecution of violent crime and to ensure that their | ||||||
11 | constitutional rights are enforced :
| ||||||
12 | (a) To make a timely report of the violent crime;
| ||||||
13 | (b) To cooperate with law enforcement authorities | ||||||
14 | throughout the
investigation, prosecution, and trial;
| ||||||
15 | (c) To testify at trial;
| ||||||
16 | (c-5) to timely provide information and documentation to | ||||||
17 | the prosecuting attorney that is related to the assertion of | ||||||
18 | their rights. | ||||||
19 | (d) To notify law enforcement authorities and the | ||||||
20 | prosecuting attorney of any change of contact information, | ||||||
21 | including but not limited to, changes of address and contact | ||||||
22 | information, including but not limited to changes of address, | ||||||
23 | telephone number, and email address. Law enforcement | ||||||
24 | authorities and the prosecuting attorney shall maintain the | ||||||
25 | confidentiality of this information. A court may find that the |
| |||||||
| |||||||
1 | failure to notify the prosecuting attorney of any change in | ||||||
2 | contact information constitutes waiver of a right of any change | ||||||
3 | of address .
| ||||||
4 | (Source: P.A. 83-1499.)
| ||||||
5 | (725 ILCS 120/8.5)
| ||||||
6 | Sec. 8.5. Statewide victim and witness notification | ||||||
7 | system.
| ||||||
8 | (a) The Attorney General may establish a crime victim and | ||||||
9 | witness
notification system to assist public officials in | ||||||
10 | carrying out their
duties to notify and inform crime victims | ||||||
11 | and witnesses under Section 4.5 of
this Act or under | ||||||
12 | subsections (a), (a-2), and (a-3) of Section 120 of the Sex | ||||||
13 | Offender Community Notification Law as the Attorney General | ||||||
14 | specifies by rule . The system shall download
necessary
| ||||||
15 | information from participating officials into its computers, | ||||||
16 | where it shall be
maintained, updated, and automatically | ||||||
17 | transmitted to victims and witnesses by
telephone, computer, or | ||||||
18 | written notice , SMS text message, or other electronic means .
| ||||||
19 | (b) The Illinois Department of Corrections, the Department | ||||||
20 | of Juvenile Justice, the Department of Human
Services, and the | ||||||
21 | Prisoner Review Board shall cooperate with the Attorney
General | ||||||
22 | in the implementation of this Section and shall provide | ||||||
23 | information as
necessary to the effective operation of the | ||||||
24 | system.
| ||||||
25 | (c) State's attorneys, circuit court clerks, and local law |
| |||||||
| |||||||
1 | enforcement
and correctional authorities
may enter into | ||||||
2 | agreements with the Attorney General for participation in the
| ||||||
3 | system. The Attorney General may provide those who elect to | ||||||
4 | participate with
the equipment, software, or training | ||||||
5 | necessary to bring their offices into the
system.
| ||||||
6 | (d) The provision of information to crime victims and | ||||||
7 | witnesses through the
Attorney General's notification system
| ||||||
8 | satisfies a given State or local official's corresponding | ||||||
9 | obligation to provide the information.
| ||||||
10 | (e) The Attorney General may provide for telephonic, | ||||||
11 | electronic, or other
public access to the database established | ||||||
12 | under this Section.
| ||||||
13 | (f) (Blank). The Attorney General shall adopt rules as | ||||||
14 | necessary to implement this
Section. The rules shall include, | ||||||
15 | but not be limited to, provisions for the
scope and operation | ||||||
16 | of any system the Attorney General may establish
and | ||||||
17 | procedures, requirements,
and standards for entering into | ||||||
18 | agreements to participate in the system and to
receive | ||||||
19 | equipment, software, or training.
| ||||||
20 | (g) There is established in the Office of the Attorney | ||||||
21 | General a Crime
Victim and Witness Notification Advisory
| ||||||
22 | Committee consisting of those victims advocates, sheriffs,
| ||||||
23 | State's Attorneys, circuit court clerks, Illinois Department | ||||||
24 | of
Corrections, the Department of Juvenile Justice, and | ||||||
25 | Prisoner Review
Board
employees that the Attorney General
| ||||||
26 | chooses to appoint. The Attorney General shall designate one |
| |||||||
| |||||||
1 | member to chair
the Committee.
| ||||||
2 | (1) The Committee shall consult with and advise the | ||||||
3 | Attorney General as to
the exercise of the Attorney | ||||||
4 | General's authority under this Section, including,
but not | ||||||
5 | limited
to:
| ||||||
6 | (i) the design, scope, and operation of the | ||||||
7 | notification system;
| ||||||
8 | (ii) the content of any rules adopted to implement | ||||||
9 | this Section;
| ||||||
10 | (iii) the procurement of hardware, software, and
| ||||||
11 | support for the system, including choice of supplier or | ||||||
12 | operator; and
| ||||||
13 | (iv) the acceptance of agreements with and the | ||||||
14 | award of equipment,
software, or training to officials | ||||||
15 | that seek to participate in the system.
| ||||||
16 | (2) The Committee shall review the status and operation | ||||||
17 | of the system and
report any findings and recommendations | ||||||
18 | for changes to the Attorney General and
the General | ||||||
19 | Assembly by November 1 of each year.
| ||||||
20 | (3) The members of the Committee shall receive no | ||||||
21 | compensation for their
services as members of the | ||||||
22 | Committee, but may be reimbursed for their actual
expenses | ||||||
23 | incurred in serving on the Committee.
| ||||||
24 | (h) The Attorney General shall not release the names, | ||||||
25 | addresses,
phone numbers, personal identification numbers, or | ||||||
26 | email addresses of
any person registered to receive |
| |||||||
| |||||||
1 | notifications to any other person except
State or local | ||||||
2 | officials using the notification system to satisfy the | ||||||
3 | official's
obligation to provide the information. The Attorney | ||||||
4 | General may
grant limited access to the Automated Victim | ||||||
5 | Notification system (AVN) to law enforcement, prosecution,
and | ||||||
6 | other agencies that provide service to victims of violent crime | ||||||
7 | to assist
victims in enrolling and utilizing the AVN system. | ||||||
8 | (Source: P.A. 98-717, eff. 1-1-15 .)
| ||||||
9 | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| ||||||
10 | Sec. 9. This Act does not limit any rights or | ||||||
11 | responsibilities otherwise
enjoyed by or imposed upon victims | ||||||
12 | or witnesses of violent crime, nor does it
grant any person a | ||||||
13 | cause of action in equity or at law for compensation for | ||||||
14 | damages or attorneys fees. Any act of
omission or commission by | ||||||
15 | any law enforcement officer, circuit court clerk,
or
State's
| ||||||
16 | Attorney, by the Attorney General, Prisoner Review Board, | ||||||
17 | Department of
Corrections,
the Department of Juvenile Justice, | ||||||
18 | Department of Human Services, or other State agency, or private | ||||||
19 | entity under
contract pursuant to Section 8, or by any employee | ||||||
20 | of any
State agency or private entity under contract pursuant | ||||||
21 | to Section 8 acting
in good faith in rendering crime victim's | ||||||
22 | assistance or
otherwise enforcing this Act shall not impose | ||||||
23 | civil liability upon the
individual or entity or his or her | ||||||
24 | supervisor or employer. Nothing in this Act
shall create a | ||||||
25 | basis for vacating a conviction or a ground for appellate |
| |||||||
| |||||||
1 | relief
requested by the defendant in any criminal case. Failure | ||||||
2 | of the crime victim to receive notice as
required, however, | ||||||
3 | shall not deprive the court of the power to act regarding
the | ||||||
4 | proceeding before it; nor shall any such failure grant the | ||||||
5 | defendant the
right to seek a continuance.
| ||||||
6 | (Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)
| ||||||
7 | Section 10. The Unified Code of Corrections is amended by | ||||||
8 | changing Section 5-3-4 as follows:
| ||||||
9 | (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||||||
10 | Sec. 5-3-4. Disclosure of Reports.
| ||||||
11 | (a) Any report made pursuant to this Article or Section | ||||||
12 | 5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||||||
13 | record with the court in a sealed envelope.
| ||||||
14 | (b) Presentence reports shall be open for inspection only | ||||||
15 | as follows:
| ||||||
16 | (1) to the sentencing court;
| ||||||
17 | (2) to the state's attorney and the defendant's | ||||||
18 | attorney at least 3 days
prior to the imposition of | ||||||
19 | sentence, unless such 3 day requirement is waived;
| ||||||
20 | (3) to an appellate court in which the conviction or | ||||||
21 | sentence is subject
to review;
| ||||||
22 | (4) to any department, agency or institution to which | ||||||
23 | the defendant is
committed;
| ||||||
24 | (5) to any probation department of whom courtesy |
| |||||||
| |||||||
1 | probation is requested;
| ||||||
2 | (6) to any probation department assigned by a court of | ||||||
3 | lawful
jurisdiction to conduct a presentence report;
| ||||||
4 | (6.5) to the victim of a crime under paragraph (13) of | ||||||
5 | subsection (c-5) of Section 4.5 of the Rights of Crime | ||||||
6 | Victims and Witnesses Act;
| ||||||
7 | (7) to any other person only as ordered by the court; | ||||||
8 | and
| ||||||
9 | (8) to any mental health professional on behalf of the | ||||||
10 | Illinois
Department
of Corrections or the Department of | ||||||
11 | Human Services or to a prosecutor who is
evaluating or | ||||||
12 | investigating a potential or actual petition brought under
| ||||||
13 | the Sexually Violent Persons Commitment Act relating to a | ||||||
14 | person who is the
subject of
a
presentence report or the | ||||||
15 | respondent to a petition brought under the
Sexually Violent | ||||||
16 | Persons Commitment Act who is the subject of the | ||||||
17 | presentence
report sought.
Any records and any information | ||||||
18 | obtained from those records under this
paragraph (8) may be | ||||||
19 | used only in sexually violent persons commitment
| ||||||
20 | proceedings.
| ||||||
21 | (c) Presentence reports shall be filed of record with the | ||||||
22 | court within
60 days of a verdict or finding of guilty for any | ||||||
23 | offense involving an
illegal sexual act perpetrated upon a | ||||||
24 | victim, including but not limited to
offenses for violations of | ||||||
25 | Article 12 of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012, or any offense determined by the court or the probation |
| |||||||
| |||||||
1 | department to be sexually motivated, as defined in the Sex | ||||||
2 | Offender Management Board Act.
| ||||||
3 | (d) A complaint, information or indictment shall not be | ||||||
4 | quashed or
dismissed nor shall any person in custody for an | ||||||
5 | offense be discharged from
custody because of noncompliance | ||||||
6 | with subsection (c) of this Section.
| ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|