Bill Text: IL HB0199 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Defines "victim advocate" as a person who works or has worked with crime victims in one or more of the following capacities: (1) participating in education programs or seminars for the benefit of crime victims; or (2) rendering confidential assistance to crime victims. Amends the Unified Code of Corrections. Provides that at least one member of the Prisoner Review Board shall be a crime victim or victim advocate.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0199 Detail]

Download: Illinois-2011-HB0199-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0199 Introduced , by Rep. Tom Cross - Timothy L. Schmitz SYNOPSIS AS INTRODUCED:
725 ILCS 120/3 from Ch. 38, par. 1403
730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1
Amends the Rights of Crime Victims and Witnesses Act. Defines "victim advocate" as a person who works or has worked with crime victims in one or more of the following capacities: (1) participating in education programs or seminars for the benefit of crime victims; or (2) rendering confidential assistance to crime victims. Amends the Unified Code of Corrections. Provides that at least one member of the Prisoner Review Board shall be a crime victim or victim advocate.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Section 3 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act, unless the context
clearly requires otherwise, shall have the following meanings:
(a) "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 violent
crime perpetrated against the person killed or the spouse,
parent, child or sibling of any person granted rights under
this Act who is physically or mentally incapable of exercising
such rights, except where the spouse, parent, child or sibling
is also the defendant or prisoner or (4) any person against
whom a violent crime has been committed or (5) any person who
has suffered personal injury as a result of a violation of
Section 11-501 of the Illinois Vehicle Code, or of a similar

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provision of a local ordinance, or of Section 9-3 of the
Criminal Code of 1961, as amended 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.
(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.
(c) "Violent Crime" means any felony in which force or
threat of force was used against the victim, or any offense
involving sexual exploitation, sexual conduct or sexual
penetration, or a violation of Section 11-20.1 or 11-20.3 of
the Criminal Code of 1961, domestic battery, violation of an
order of protection, stalking, or any misdemeanor which results
in death or great bodily harm to the victim or any violation of
Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
the Illinois Vehicle Code, or a similar provision of a local
ordinance, if the violation resulted in personal injury or
death, and includes any action committed by a juvenile that
would be a violent crime if committed by an adult. For the
purposes of this paragraph, "personal injury" shall include any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or medical
facility. A type A injury shall include severely bleeding

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wounds, distorted extremities, and injuries that require the
injured party to be carried from the scene.
(d) "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 except those cases
in which both parties have agreed to the imposition of a
specific sentence.
(e) "Court proceedings" includes the preliminary hearing,
any hearing the effect of which may be the release of the
defendant from custody or to alter the conditions of bond, the
trial, sentencing hearing, notice of appeal, any modification
of sentence, probation revocation hearings or parole hearings.
(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 advocate" means a person who works or has
worked with crime victims in one or more of the following
capacities: (1) participating in education programs or
seminars for the benefit of crime victims; or (2) rendering
confidential assistance to crime victims.
(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-3-1 as follows:

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(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and Appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent of
the Department of Corrections which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(2) the board of review for cases involving the
revocation of good conduct credits or a suspension or
reduction in the rate of accumulating such credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of 1977,
in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole,
mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be

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Chairman and shall serve as Chairman at the pleasure of the
Governor. At least one member of the Board shall be a crime
victim or victim advocate as those terms are defined in Section
3 of the Rights of Crime Victims and Witnesses Act. The members
of the Board shall have had at least 5 years of actual
experience in the fields of penology, corrections work, law
enforcement, sociology, law, education, social work, medicine,
psychology, other behavioral sciences, or a combination
thereof. At least 6 members so appointed must have had at least
3 years experience in the field of juvenile matters. No more
than 8 Board members may be members of the same political
party.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or
vocation. The Chairman of the Board shall receive $35,000 a
year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an
amount set by the Compensation Review Board, whichever is
greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the

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93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor shall
appoint persons to fill the vacancies created by this
amendatory Act.
Of the initial members appointed under this amendatory Act
of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in January
2005, 5 members whose terms shall expire on the third Monday in
January 2007, and 5 members whose terms shall expire on the
third Monday in January 2009. Their respective successors shall
be appointed for terms of 6 years from the third Monday in
January of the year of appointment. Each member shall serve
until his successor is appointed and qualified.
Any member may be removed by the Governor for incompetence,
neglect of duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 93-509, eff. 8-11-03; 94-165, eff. 7-11-05.)