102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3537
 
Introduced , by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:



        
725 ILCS 115/3.5 new
725 ILCS 120/4.5
725 ILCS 120/7 from Ch. 38, par. 1407
725 ILCS 120/9 from Ch. 38, par. 1408
735 ILCS 5/8-802.1 from Ch. 110, par. 8-802.1

 Amends the Bill of Rights for Children. Provides that every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area, when such service is available. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall consult with the crime victim regarding the State's Attorney's decision not to charge an offense and that the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with the victim. Provides that the office of the State's Attorney shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice. Grants a victim a private civil cause of action for injunctive, declaratory, or mandamus relief when certain officials or agencies willfully or wantonly violate a victim's right or rights and the officials or agencies do not correct their actions and afford the right or rights to the victim when given written notice and reasonable time to comply. Makes other changes. Amends the Code of Civil Procedure. Provides that, for purposes of the Section concerning confidentiality of communications to rape crisis personnel, "rape crisis organization" includes, but is not limited to, any rape crisis center certified by a statewide sexual assault coalition.



LRB102 16848 KMF 22254 b


 
 
A BILL FOR
 


HB3537LRB102 16848 KMF 22254 b



1 AN ACT concerning crime victims.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Bill of Rights for Children is amended by 
5adding Section 3.5 as follows:

6 (725 ILCS 115/3.5 new)
7 Sec. 3.5. Right to forensic interview with children's 
8advocacy center. Every child reported to the Department of 
9Children and Family Services or law enforcement to be a victim 
10of sexual assault or sexual abuse whose case is accepted by 
11either agency for investigation has the right to have that 
12child's forensic interview conducted by a forensic interviewer 
13from a children's advocacy center accredited according to the 
14Children's Advocacy Center Act and serving the child's area, 
15when such service is available. This right may be asserted by 
16the child or the child's parent or guardian informing the 
17investigating personnel at the Department of Children and 
18Family Services or the law enforcement agency that the parent 
19or guardian wants the child to have the child's interview 
20conducted by the children's advocacy center.

21 Section 10. The Rights of Crime Victims and Witnesses Act 
22is amended by changing Sections 4.5, 7, and 9 as follows:



 
 
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1 (725 ILCS 120/4.5)

2 Sec. 4.5. Procedures to implement the rights of crime 
3victims. To afford
crime victims their rights, law 
4enforcement, prosecutors, judges, and
corrections will provide 
5information, as appropriate, of the following
procedures:

6 (a) At the request of the crime victim, law enforcement 
7authorities
investigating the case shall provide notice of the 
8status of the investigation,
except where the State's Attorney 
9determines that disclosure of such
information would 
10unreasonably interfere with the investigation, until such
time 
11as the alleged assailant is apprehended or the investigation 
12is closed.

13 (a-5) When law enforcement authorities reopen a closed 
14case to resume investigating, they shall provide notice of the 
15reopening of the case, except where the State's Attorney 
16determines that disclosure of such information would 
17unreasonably interfere with the investigation. 
18 (b) The office of the State's Attorney:

19  (1) shall provide notice of the filing of an 
20 information, the return of an
indictment, or the
filing of 
21 a petition to adjudicate a minor as a delinquent for a 
22 violent
crime;

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 
 
 
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1 cancellation of court proceedings. Notice shall be 
2 provided in sufficient time, wherever possible, for the 
3 victim to
make arrangements to attend or to prevent an 
4 unnecessary appearance at court proceedings;

5  (3) or victim advocate personnel shall provide 
6 information of social
services and financial assistance 
7 available for victims of crime, including
information of 
8 how to apply for these services and assistance;

9  (3.5) or victim advocate personnel shall provide 
10 information about available victim services, including 
11 referrals to programs, counselors, and agencies that 
12 assist a victim to deal with trauma, loss, and grief; 
13  (4) shall assist in having any stolen or other 
14 personal property held by
law enforcement authorities for 
15 evidentiary or other purposes returned as
expeditiously as 
16 possible, pursuant to the procedures set out in Section 
17 115-9
of the Code of Criminal Procedure of 1963;

18  (5) or victim advocate personnel shall provide 
19 appropriate employer
intercession services to ensure that 
20 employers of victims will cooperate with
the criminal 
21 justice system in order to minimize an employee's loss of 
22 pay and
other benefits resulting from court appearances;

23  (6) shall provide, whenever possible, a secure waiting

24 area during court proceedings that does not require 
25 victims to be in close
proximity to defendants or 
26 juveniles accused of a violent crime, and their
families 
 
 
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1 and friends;

2  (7) shall provide notice to the crime victim of the 
3 right to have a
translator present at all court 
4 proceedings and, in compliance with the federal Americans

5 with Disabilities Act of 1990, the right to communications 
6 access through a
sign language interpreter or by other 
7 means;

8  (8) (blank);

9  (8.5) shall inform the victim of the right to be 
10 present at all court proceedings, unless the victim is to 
11 testify and the court determines that the victim's 
12 testimony would be materially affected if the victim hears 
13 other testimony at trial; 
14  (9) shall inform the victim of the right to have 
15 present at all court
proceedings, subject to the rules of 
16 evidence and confidentiality, an advocate and other 
17 support
person of the victim's choice; 
18  (9.3) shall inform the victim of the right to retain 
19 an attorney, at the
victim's own expense, who, upon 
20 written notice filed with the clerk of the
court and 
21 State's Attorney, is to receive copies of all notices, 
22 motions, and
court orders filed thereafter in the case, in 
23 the same manner as if the victim
were a named party in the 
24 case;

25  (9.5) shall inform the victim of (A) the victim's 
26 right under Section 6 of this Act to make a statement at 
 
 
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1 the sentencing hearing; (B) the right of the victim's 
2 spouse, guardian, parent, grandparent, and other immediate 
3 family and household members under Section 6 of this Act 
4 to present a statement at sentencing; and (C) if a 
5 presentence report is to be prepared, the right of the 
6 victim's spouse, guardian, parent, grandparent, and other 
7 immediate family and household members to submit 
8 information to the preparer of the presentence report 
9 about the effect the offense has had on the victim and the 
10 person;
11  (10) at the sentencing shall make a good faith attempt 
12 to explain
the minimum amount of time during which the 
13 defendant may actually be
physically imprisoned. The 
14 Office of the State's Attorney shall further notify
the 
15 crime victim of the right to request from the Prisoner 
16 Review Board
or Department of Juvenile Justice information 
17 concerning the release of the defendant;

18  (11) shall request restitution at sentencing and as 
19 part of a plea agreement if the victim requests 
20 restitution;

21  (12) shall, upon the court entering a verdict of not 
22 guilty by reason of insanity, inform the victim of the 
23 notification services available from the Department of 
24 Human Services, including the statewide telephone number, 
25 under subparagraph (d)(2) of this Section; 

26  (13) shall provide notice within a reasonable time 
 
 
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1 after receipt of notice from
the custodian, of the release 
2 of the defendant on bail or personal recognizance
or the 
3 release from detention of a minor who has been detained;

4  (14) shall explain in nontechnical language the 
5 details of any plea or verdict of
a defendant, or any 
6 adjudication of a juvenile as a delinquent;

7  (15) shall make all reasonable efforts to consult with 
8 the crime victim before the Office of
the State's Attorney 
9 makes an offer of a plea bargain to the defendant or
enters 
10 into negotiations with the defendant concerning a possible 
11 plea
agreement, and shall consider the written statement, 
12 if prepared
prior to entering into a plea agreement. The 
13 right to consult with the prosecutor does not include the 
14 right to veto a plea agreement or to insist the case go to 
15 trial. If the State's Attorney has not consulted with the 
16 victim prior to making an offer or entering into plea 
17 negotiations with the defendant, the Office of the State's 
18 Attorney shall notify the victim of the offer or the 
19 negotiations within 2 business days and confer with the 
20 victim;

21  (16) shall provide notice of the ultimate disposition 
22 of the cases arising from
an indictment or an information, 
23 or a petition to have a juvenile adjudicated
as a 
24 delinquent for a violent crime;

25  (17) shall provide notice of any appeal taken by the 
26 defendant and information
on how to contact the 
 
 
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1 appropriate agency handling the appeal, and how to request 
2 notice of any hearing, oral argument, or decision of an 
3 appellate court;

4  (18) shall provide timely notice of any request for 
5 post-conviction review filed by the
defendant under 
6 Article 122 of the Code of Criminal Procedure of 1963, and 
7 of
the date, time and place of any hearing concerning the 
8 petition. Whenever
possible, notice of the hearing shall 
9 be given within 48 hours of the court's scheduling of the 
10 hearing; and

11  (19) shall forward a copy of any statement presented 
12 under Section 6 to the
Prisoner Review Board or Department 
13 of Juvenile Justice to be considered in making a 
14 determination
under Section 3-2.5-85 or subsection (b) of 
15 Section 3-3-8 of the Unified Code of Corrections; .
16  (20) shall consult with the crime victim regarding the 
17 decision of the State's Attorney not to charge an offense. 
18 The victim has the right to have an attorney, advocate, 
19 and other support person of the victim's choice attend 
20 this consultation with the victim; and
21  (21) shall give the crime victim timely notice of any 
22 decision not to pursue charges and consider the safety of 
23 the victim when deciding how to give such notice. 

24 (c) The court shall ensure that the rights of the victim 
25are afforded. 
26 (c-5) The following procedures shall be followed to afford 
 
 
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1victims the rights guaranteed by Article I, Section 8.1 of the 
2Illinois Constitution:
3  (1) Written notice. A victim may complete a written 
4 notice of intent to assert rights on a form prepared by the 
5 Office of the Attorney General and provided to the victim 
6 by the State's Attorney. The victim may at any time 
7 provide a revised written notice to the State's Attorney. 
8 The State's Attorney shall file the written notice with 
9 the court. At the beginning of any court proceeding in 
10 which the right of a victim may be at issue, the court and 
11 prosecutor shall review the written notice to determine 
12 whether the victim has asserted the right that may be at 
13 issue.
14  (2) Victim's retained attorney. A victim's attorney 
15 shall file an entry of appearance limited to assertion of 
16 the victim's rights. Upon the filing of the entry of 
17 appearance and service on the State's Attorney and the 
18 defendant, the attorney is to receive copies of all 
19 notices, motions and court orders filed thereafter in the 
20 case.
21  (3) Standing. The victim has standing to assert the 
22 rights enumerated in subsection (a) of Article I, Section 
23 8.1 of the Illinois Constitution and the statutory rights 
24 under Section 4 of this Act in any court exercising 
25 jurisdiction over the criminal case. The prosecuting 
26 attorney, a victim, or the victim's retained attorney may 
 
 
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1 assert the victim's rights. The defendant in the criminal 
2 case has no standing to assert a right of the victim in any 
3 court proceeding, including on appeal.
4  (4) Assertion of and enforcement of rights.
5   (A) The prosecuting attorney shall assert a 
6 victim's right or request enforcement of a right by 
7 filing a motion or by orally asserting the right or 
8 requesting enforcement in open court in the criminal 
9 case outside the presence of the jury. The prosecuting 
10 attorney shall consult with the victim and the 
11 victim's attorney regarding the assertion or 
12 enforcement of a right. If the prosecuting attorney 
13 decides not to assert or enforce a victim's right, the 
14 prosecuting attorney shall notify the victim or the 
15 victim's attorney in sufficient time to allow the 
16 victim or the victim's attorney to assert the right or 
17 to seek enforcement of a right.
18   (B) If the prosecuting attorney elects not to 
19 assert a victim's right or to seek enforcement of a 
20 right, the victim or the victim's attorney may assert 
21 the victim's right or request enforcement of a right 
22 by filing a motion or by orally asserting the right or 
23 requesting enforcement in open court in the criminal 
24 case outside the presence of the jury.
25   (C) If the prosecuting attorney asserts a victim's 
26 right or seeks enforcement of a right, unless the 
 
 
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1 prosecuting attorney objects or the trial court does 
2 not allow it, the victim or the victim's attorney may 
3 be heard regarding the prosecuting attorney's motion 
4 or may file a simultaneous motion to assert or request 
5 enforcement of the victim's right. If the victim or 
6 the victim's attorney was not allowed to be heard at 
7 the hearing regarding the prosecuting attorney's 
8 motion, and the court denies the prosecuting 
9 attorney's assertion of the right or denies the 
10 request for enforcement of a right, the victim or 
11 victim's attorney may file a motion to assert the 
12 victim's right or to request enforcement of the right 
13 within 10 days of the court's ruling. The motion need 
14 not demonstrate the grounds for a motion for 
15 reconsideration. The court shall rule on the merits of 
16 the motion.
17   (D) The court shall take up and decide any motion 
18 or request asserting or seeking enforcement of a 
19 victim's right without delay, unless a specific time 
20 period is specified by law or court rule. The reasons 
21 for any decision denying the motion or request shall 
22 be clearly stated on the record.
23   (E) Crime victims' rights may also be asserted by 
24 filing a complaint for mandamus, injunctive, or 
25 declaratory relief in the jurisdiction in which the 
26 victim's right is being violated or where the crime is 
 
 
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1 being prosecuted. The clerk of court shall waive 
2 filing fees that would otherwise be owed by the victim 
3 for any court filing with the purpose of enforcing 
4 crime victims' rights. If the court denies the relief 
5 sought by the victim, the reasons for the denial shall 
6 be clearly stated on the record in the transcript of 
7 the proceedings, in a written opinion, or in the 
8 docket entry, and the victim may appeal the circuit 
9 court's decision to the appellate court. The court 
10 shall issue prompt rulings regarding victims' rights. 
11 Proceedings seeking to enforce victims' rights shall 
12 not be stayed or subject to unreasonable delay via 
13 continuances. If the appellate court denies the relief 
14 sought, the reasons for the denial shall be clearly 
15 stated on the record in a written opinion. 
16  (5) Violation of rights and remedies. 
17   (A) If the court determines that a victim's right 
18 has been violated, the court shall determine the 
19 appropriate remedy for the violation of the victim's 
20 right by hearing from the victim and the parties, 
21 considering all factors relevant to the issue, and 
22 then awarding appropriate relief to the victim.
23   (A-5) Consideration of an issue of a substantive 
24 nature or an issue that implicates the constitutional 
25 or statutory right of a victim at a court proceeding 
26 labeled as a status hearing shall constitute a per se 
 
 
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1 violation of a victim's right. 
2   (B) The appropriate remedy shall include only 
3 actions necessary to provide the victim the right to 
4 which the victim was entitled. Remedies may include, 
5 but are not limited to: injunctive relief requiring 
6 the victim's right to be afforded; declaratory 
7 judgment recognizing or clarifying the victim's 
8 rights; a writ of mandamus; and may include reopening 
9 previously held proceedings; however, in no event 
10 shall the court vacate a conviction. Any remedy shall 
11 be tailored to provide the victim an appropriate 
12 remedy without violating any constitutional right of 
13 the defendant. In no event shall the appropriate 
14 remedy be a new trial, damages, or costs.
15  (6) Right to be heard. Whenever a victim has the right 
16 to be heard, the court shall allow the victim to exercise 
17 the right in any reasonable manner the victim chooses.
18  (7) Right to attend trial. A party must file a written 
19 motion to exclude a victim from trial at least 60 days 
20 prior to the date set for trial. The motion must state with 
21 specificity the reason exclusion is necessary to protect a 
22 constitutional right of the party, and must contain an 
23 offer of proof. The court shall rule on the motion within 
24 30 days. If the motion is granted, the court shall set 
25 forth on the record the facts that support its finding 
26 that the victim's testimony will be materially affected if 
 
 
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1 the victim hears other testimony at trial.
2  (8) Right to have advocate and support person present 
3 at court proceedings.
4   (A) A party who intends to call an advocate as a 
5 witness at trial must seek permission of the court 
6 before the subpoena is issued. The party must file a 
7 written motion at least 90 days before trial that sets 
8 forth specifically the issues on which the advocate's 
9 testimony is sought and an offer of proof regarding 
10 (i) the content of the anticipated testimony of the 
11 advocate; and (ii) the relevance, admissibility, and 
12 materiality of the anticipated testimony. The court 
13 shall consider the motion and make findings within 30 
14 days of the filing of the motion. If the court finds by 
15 a preponderance of the evidence that: (i) the 
16 anticipated testimony is not protected by an absolute 
17 privilege; and (ii) the anticipated testimony contains 
18 relevant, admissible, and material evidence that is 
19 not available through other witnesses or evidence, the 
20 court shall issue a subpoena requiring the advocate to 
21 appear to testify at an in camera hearing. The 
22 prosecuting attorney and the victim shall have 15 days 
23 to seek appellate review before the advocate is 
24 required to testify at an ex parte in camera 
25 proceeding. 
26   The prosecuting attorney, the victim, and the 
 
 
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1 advocate's attorney shall be allowed to be present at 
2 the ex parte in camera proceeding. If, after 
3 conducting the ex parte in camera hearing, the court 
4 determines that due process requires any testimony 
5 regarding confidential or privileged information or 
6 communications, the court shall provide to the 
7 prosecuting attorney, the victim, and the advocate's 
8 attorney a written memorandum on the substance of the 
9 advocate's testimony. The prosecuting attorney, the 
10 victim, and the advocate's attorney shall have 15 days 
11 to seek appellate review before a subpoena may be 
12 issued for the advocate to testify at trial. The 
13 presence of the prosecuting attorney at the ex parte 
14 in camera proceeding does not make the substance of 
15 the advocate's testimony that the court has ruled 
16 inadmissible subject to discovery.
17   (B) If a victim has asserted the right to have a 
18 support person present at the court proceedings, the 
19 victim shall provide the name of the person the victim 
20 has chosen to be the victim's support person to the 
21 prosecuting attorney, within 60 days of trial. The 
22 prosecuting attorney shall provide the name to the 
23 defendant. If the defendant intends to call the 
24 support person as a witness at trial, the defendant 
25 must seek permission of the court before a subpoena is 
26 issued. The defendant must file a written motion at 
 
 
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1 least 45 days prior to trial that sets forth 
2 specifically the issues on which the support person 
3 will testify and an offer of proof regarding: (i) the 
4 content of the anticipated testimony of the support 
5 person; and (ii) the relevance, admissibility, and 
6 materiality of the anticipated testimony.
7   If the prosecuting attorney intends to call the 
8 support person as a witness during the State's 
9 case-in-chief, the prosecuting attorney shall inform 
10 the court of this intent in the response to the 
11 defendant's written motion. The victim may choose a 
12 different person to be the victim's support person. 
13 The court may allow the defendant to inquire about 
14 matters outside the scope of the direct examination 
15 during cross-examination. If the court allows the 
16 defendant to do so, the support person shall be 
17 allowed to remain in the courtroom after the support 
18 person has testified. A defendant who fails to 
19 question the support person about matters outside the 
20 scope of direct examination during the State's 
21 case-in-chief waives the right to challenge the 
22 presence of the support person on appeal. The court 
23 shall allow the support person to testify if called as 
24 a witness in the defendant's case-in-chief or the 
25 State's rebuttal.
26   If the court does not allow the defendant to 
 
 
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1 inquire about matters outside the scope of the direct 
2 examination, the support person shall be allowed to 
3 remain in the courtroom after the support person has 
4 been called by the defendant or the defendant has 
5 rested. The court shall allow the support person to 
6 testify in the State's rebuttal.
7   If the prosecuting attorney does not intend to 
8 call the support person in the State's case-in-chief, 
9 the court shall verify with the support person whether 
10 the support person, if called as a witness, would 
11 testify as set forth in the offer of proof. If the 
12 court finds that the support person would testify as 
13 set forth in the offer of proof, the court shall rule 
14 on the relevance, materiality, and admissibility of 
15 the anticipated testimony. If the court rules the 
16 anticipated testimony is admissible, the court shall 
17 issue the subpoena. The support person may remain in 
18 the courtroom after the support person testifies and 
19 shall be allowed to testify in rebuttal.
20   If the court excludes the victim's support person 
21 during the State's case-in-chief, the victim shall be 
22 allowed to choose another support person to be present 
23 in court. 
24   If the victim fails to designate a support person 
25 within 60 days of trial and the defendant has 
26 subpoenaed the support person to testify at trial, the 
 
 
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1 court may exclude the support person from the trial 
2 until the support person testifies. If the court 
3 excludes the support person the victim may choose 
4 another person as a support person. 
5  (9) Right to notice and hearing before disclosure of 
6 confidential or privileged information or records.
7   (A) A defendant who seeks to subpoena testimony or 
8 records of or concerning the victim that are 
9 confidential or privileged by law must seek permission 
10 of the court before the subpoena is issued. The 
11 defendant must file a written motion and an offer of 
12 proof regarding the relevance, admissibility and 
13 materiality of the testimony or records. If the court 
14 finds by a preponderance of the evidence that:
15    (i) (A) the testimony or records are not 
16 protected by an absolute privilege and
17    (ii) (B) the testimony or records contain 
18 relevant, admissible, and material evidence that 
19 is not available through other witnesses or 
20 evidence, the court shall issue a subpoena 
21 requiring the witness to appear in camera or a 
22 sealed copy of the records be delivered to the 
23 court to be reviewed in camera. If, after 
24 conducting an in camera review of the witness 
25 statement or records, the court determines that 
26 due process requires disclosure of any potential 
 
 
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1 testimony or any portion of the records, the court 
2 shall provide a summary of potential testimony or 
3 copies of the records that what it intends to 
4 disclose to the prosecuting attorney and the 
5 victim. The prosecuting attorney and the victim 
6 shall have 30 days to seek appellate review before 
7 the summary of potential testimony or records are 
8 disclosed to the defendant, used in any court 
9 proceeding, or disclosed to anyone or in any way 
10 that would subject the testimony or records to 
11 public review. The disclosure of copies of any 
12 portion of the summary of potential testimony or 
13 records to the prosecuting attorney under this 
14 Section does not make the records subject to 
15 discovery or required to be provided to the 
16 defendant.
17   (B) A prosecuting attorney who seeks to subpoena 
18 information or records concerning the victim that are 
19 confidential or privileged by law must first request 
20 the written consent of the crime victim. If the victim 
21 does not provide such written consent, including where 
22 necessary the appropriate signed document required for 
23 waiving privilege, the prosecuting attorney must serve 
24 the subpoena at least 21 days prior to the date a 
25 response or appearance is required to allow the 
26 subject of the subpoena time to file a motion to quash 
 
 
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1 or request a hearing. The prosecuting attorney must 
2 also send a written notice to the victim at least 21 
3 days prior to the response date to allow the victim to 
4 file a motion or request a hearing. The notice to the 
5 victim shall inform the victim (1) that a subpoena has 
6 been issued for confidential information or records 
7 concerning the victim, (2) that the victim has the 
8 right to request a hearing prior to the response date 
9 of the subpoena, and (3) how to request the hearing. 
10 The notice to the victim shall also include a copy of 
11 the subpoena. If requested, a hearing regarding the 
12 subpoena shall occur before information or records are 
13 provided to the prosecuting attorney. 
14  (10) Right to notice of court proceedings. If the 
15 victim is not present at a court proceeding in which a 
16 right of the victim is at issue, the court shall ask the 
17 prosecuting attorney whether the victim was notified of 
18 the time, place, and purpose of the court proceeding and 
19 that the victim had a right to be heard at the court 
20 proceeding. If the court determines that timely notice was 
21 not given or that the victim was not adequately informed 
22 of the nature of the court proceeding, the court shall not 
23 rule on any substantive issues, accept a plea, or impose a 
24 sentence and shall continue the hearing for the time 
25 necessary to notify the victim of the time, place and 
26 nature of the court proceeding. The time between court 
 
 
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1 proceedings shall not be attributable to the State under 
2 Section 103-5 of the Code of Criminal Procedure of 1963.
3  (11) Right to timely disposition of the case. A victim 
4 has the right to timely disposition of the case so as to 
5 minimize the stress, cost, and inconvenience resulting 
6 from the victim's involvement in the case. Before ruling 
7 on a motion to continue trial or other court proceeding, 
8 the court shall inquire into the circumstances for the 
9 request for the delay and, if the victim has provided 
10 written notice of the assertion of the right to a timely 
11 disposition, and whether the victim objects to the delay. 
12 If the victim objects, the prosecutor shall inform the 
13 court of the victim's objections. If the prosecutor has 
14 not conferred with the victim about the continuance, the 
15 prosecutor shall inform the court of the attempts to 
16 confer. If the court finds the attempts of the prosecutor 
17 to confer with the victim were inadequate to protect the 
18 victim's right to be heard, the court shall give the 
19 prosecutor at least 3 but not more than 5 business days to 
20 confer with the victim. In ruling on a motion to continue, 
21 the court shall consider the reasons for the requested 
22 continuance, the number and length of continuances that 
23 have been granted, the victim's objections and procedures 
24 to avoid further delays. If a continuance is granted over 
25 the victim's objection, the court shall specify on the 
26 record the reasons for the continuance and the procedures 
 
 
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1 that have been or will be taken to avoid further delays.
2  (12) Right to Restitution.
3   (A) If the victim has asserted the right to 
4 restitution and the amount of restitution is known at 
5 the time of sentencing, the court shall enter the 
6 judgment of restitution at the time of sentencing. 
7   (B) If the victim has asserted the right to 
8 restitution and the amount of restitution is not known 
9 at the time of sentencing, the prosecutor shall, 
10 within 5 days after sentencing, notify the victim what 
11 information and documentation related to restitution 
12 is needed and that the information and documentation 
13 must be provided to the prosecutor within 45 days 
14 after sentencing. Failure to timely provide 
15 information and documentation related to restitution 
16 shall be deemed a waiver of the right to restitution. 
17 The prosecutor shall file and serve within 60 days 
18 after sentencing a proposed judgment for restitution 
19 and a notice that includes information concerning the 
20 identity of any victims or other persons seeking 
21 restitution, whether any victim or other person 
22 expressly declines restitution, the nature and amount 
23 of any damages together with any supporting 
24 documentation, a restitution amount recommendation, 
25 and the names of any co-defendants and their case 
26 numbers. Within 30 days after receipt of the proposed 
 
 
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1 judgment for restitution, the defendant shall file any 
2 objection to the proposed judgment, a statement of 
3 grounds for the objection, and a financial statement. 
4 If the defendant does not file an objection, the court 
5 may enter the judgment for restitution without further 
6 proceedings. If the defendant files an objection and 
7 either party requests a hearing, the court shall 
8 schedule a hearing. 
9  (13) Access to presentence reports.
10   (A) The victim may request a copy of the 
11 presentence report prepared under the Unified Code of 
12 Corrections from the State's Attorney. The State's 
13 Attorney shall redact the following information before 
14 providing a copy of the report:
15    (i) the defendant's mental history and 
16 condition;
17    (ii) any evaluation prepared under subsection 
18 (b) or (b-5) of Section 5-3-2; and
19    (iii) the name, address, phone number, and 
20 other personal information about any other victim.
21   (B) The State's Attorney or the defendant may 
22 request the court redact other information in the 
23 report that may endanger the safety of any person.
24   (C) The State's Attorney may orally disclose to 
25 the victim any of the information that has been 
26 redacted if there is a reasonable likelihood that the 
 
 
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1 information will be stated in court at the sentencing.
2   (D) The State's Attorney must advise the victim 
3 that the victim must maintain the confidentiality of 
4 the report and other information. Any dissemination of 
5 the report or information that was not stated at a 
6 court proceeding constitutes indirect criminal 
7 contempt of court. 
8  (14) Appellate relief. If the trial court denies the 
9 relief requested, the victim, the victim's attorney, or 
10 the prosecuting attorney may file an appeal within 30 days 
11 of the trial court's ruling. The trial or appellate court 
12 may stay the court proceedings if the court finds that a 
13 stay would not violate a constitutional right of the 
14 defendant. If the appellate court denies the relief 
15 sought, the reasons for the denial shall be clearly stated 
16 in a written opinion. In any appeal in a criminal case, the 
17 State may assert as error the court's denial of any crime 
18 victim's right in the proceeding to which the appeal 
19 relates.
20  (15) Limitation on appellate relief. In no case shall 
21 an appellate court provide a new trial to remedy the 
22 violation of a victim's right. 
23  (16) The right to be reasonably protected from the 
24 accused throughout the criminal justice process and the 
25 right to have the safety of the victim and the victim's 
26 family considered in denying or fixing the amount of bail, 
 
 
HB3537- 24 -LRB102 16848 KMF 22254 b


1 determining whether to release the defendant, and setting 
2 conditions of release after arrest and conviction. A 
3 victim of domestic violence, a sexual offense, or stalking 
4 may request the entry of a protective order under Article 
5 112A of the Code of Criminal Procedure of 1963. 
6 (d) Procedures after the imposition of sentence.
7  (1) The Prisoner Review Board shall inform a victim or 
8 any other
concerned citizen, upon written request, of the 
9 prisoner's release on parole,
mandatory supervised 
10 release, electronic detention, work release, international 
11 transfer or exchange, or by the
custodian, other than the 
12 Department of Juvenile Justice, of the discharge of any 
13 individual who was adjudicated a delinquent
for a crime 
14 from State custody and by the sheriff of the appropriate

15 county of any such person's final discharge from county 
16 custody.
The Prisoner Review Board, upon written request, 
17 shall provide to a victim or
any other concerned citizen a 
18 recent photograph of any person convicted of a
felony, 
19 upon his or her release from custody.
The Prisoner
Review 
20 Board, upon written request, shall inform a victim or any 
21 other
concerned citizen when feasible at least 7 days 
22 prior to the prisoner's release
on furlough of the times 
23 and dates of such furlough. Upon written request by
the 
24 victim or any other concerned citizen, the State's 
25 Attorney shall notify
the person once of the times and 
26 dates of release of a prisoner sentenced to
periodic 
 
 
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1 imprisonment. Notification shall be based on the most 
2 recent
information as to victim's or other concerned 
3 citizen's residence or other
location available to the 
4 notifying authority.


5  (2) When the defendant has been committed to the 
6 Department of
Human Services pursuant to Section 5-2-4 or 
7 any other
provision of the Unified Code of Corrections, 
8 the victim may request to be
notified by the releasing 
9 authority of the approval by the court of an on-grounds 
10 pass, a supervised off-grounds pass, an unsupervised 
11 off-grounds pass, or conditional release; the release on 
12 an off-grounds pass; the return from an off-grounds pass; 
13 transfer to another facility; conditional release; escape; 
14 death; or final discharge from State
custody. The 
15 Department of Human Services shall establish and maintain 
16 a statewide telephone number to be used by victims to make 
17 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 
22 Justice immediately shall notify the Prisoner Review Board 
23 of the escape
and the Prisoner Review Board shall notify 
24 the victim. The notification shall
be based upon the most 
25 recent information as to the victim's residence or other

26 location available to the Board. When no such information 
 
 
HB3537- 26 -LRB102 16848 KMF 22254 b


1 is available, the
Board shall make all reasonable efforts 
2 to obtain the information and make
the notification. When 
3 the escapee is apprehended, the Department of
Corrections 
4 or the Department of Juvenile Justice immediately shall 
5 notify the Prisoner Review Board and the Board
shall 
6 notify the victim.

7  (4) The victim of the crime for which the prisoner has 
8 been sentenced
has the right to register with the Prisoner 
9 Review Board's victim registry. Victims registered with 
10 the Board shall receive reasonable written notice not less 
11 than 30 days prior to the
parole hearing or target 
12 aftercare release date. The victim has the right to submit 
13 a victim statement for consideration by the Prisoner 
14 Review Board or the Department of Juvenile Justice in 
15 writing, on film, videotape, or other electronic means, or 
16 in the form of a recording prior to the parole hearing or 
17 target aftercare release date, or in person at the parole 
18 hearing or aftercare release protest hearing, or by 
19 calling the toll-free number established in subsection (f) 
20 of this Section., The
victim shall be notified within 7 
21 days after the prisoner has been granted
parole or 
22 aftercare release and shall be informed of the right to 
23 inspect the registry of parole
decisions, established 
24 under subsection (g) of Section 3-3-5 of the Unified
Code 
25 of Corrections. The provisions of this paragraph (4) are 
26 subject to the
Open Parole Hearings Act. Victim statements 
 
 
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1 provided to the Board shall be confidential and 
2 privileged, including any statements received prior to 
3 January 1, 2020 (the effective date of Public Act 101-288) 
4 this amendatory Act of the 101st General Assembly, except 
5 if the statement was an oral statement made by the victim 
6 at a hearing open to the public.

7  (4-1) The crime victim has the right to submit a 
8 victim statement for consideration by the Prisoner Review 
9 Board or the Department of Juvenile Justice prior to or at 
10 a hearing to determine the conditions of mandatory 
11 supervised release of a person sentenced to a determinate 
12 sentence or at a hearing on revocation of mandatory 
13 supervised release of a person sentenced to a determinate 
14 sentence. A victim statement may be submitted in writing, 
15 on film, videotape, or other electronic means, or in the 
16 form of a recording, or orally at a hearing, or by calling 
17 the toll-free number established in subsection (f) of this 
18 Section. Victim statements provided to the Board shall be 
19 confidential and privileged, including any statements 
20 received prior to January 1, 2020 (the effective date of 
21 Public Act 101-288) this amendatory Act of the 101st 
22 General Assembly, except if the statement was an oral 
23 statement made by the victim at a hearing open to the 
24 public. 
25  (4-2) The crime victim has the right to submit a 
26 victim statement to the Prisoner Review Board for 
 
 
HB3537- 28 -LRB102 16848 KMF 22254 b


1 consideration at an executive clemency hearing as provided 
2 in Section 3-3-13 of the Unified Code of Corrections. A 
3 victim statement may be submitted in writing, on film, 
4 videotape, or other electronic means, or in the form of a 
5 recording prior to a hearing, or orally at a hearing, or by 
6 calling the toll-free number established in subsection (f) 
7 of this Section. Victim statements provided to the Board 
8 shall be confidential and privileged, including any 
9 statements received prior to January 1, 2020 (the 
10 effective date of Public Act 101-288) this amendatory Act 
11 of the 101st General Assembly, except if the statement was 
12 an oral statement made by the victim at a hearing open to 
13 the public. 
14  (5) If a statement is presented under Section 6, the 
15 Prisoner Review Board or Department of Juvenile Justice

16 shall inform the victim of any order of discharge pursuant

17 to Section 3-2.5-85 or 3-3-8 of the Unified Code of 
18 Corrections.

19  (6) At the written or oral request of the victim of the 
20 crime for which the
prisoner was sentenced or the State's 
21 Attorney of the county where the person seeking parole or 
22 aftercare release was prosecuted, the Prisoner Review 
23 Board or Department of Juvenile Justice shall notify the 
24 victim and the State's Attorney of the county where the 
25 person seeking parole or aftercare release was prosecuted 
26 of
the death of the prisoner if the prisoner died while on 
 
 
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1 parole or aftercare release or mandatory
supervised 
2 release.

3  (7) When a defendant who has been committed to the 
4 Department of
Corrections, the Department of Juvenile 
5 Justice, or the Department of Human Services is released 
6 or discharged and
subsequently committed to the Department 
7 of Human Services as a sexually
violent person and the 
8 victim had requested to be notified by the releasing

9 authority of the defendant's discharge, conditional 
10 release, death, or escape from State custody, the 
11 releasing
authority shall provide to the Department of 
12 Human Services such information
that would allow the 
13 Department of Human Services to contact the victim.

14  (8) When a defendant has been convicted of a sex 
15 offense as defined in Section 2 of the Sex Offender 
16 Registration Act and has been sentenced to the Department 
17 of Corrections or the Department of Juvenile Justice, the 
18 Prisoner Review Board or the Department of Juvenile 
19 Justice shall notify the victim of the sex offense of the 
20 prisoner's eligibility for release on parole, aftercare 
21 release,
mandatory supervised release, electronic 
22 detention, work release, international transfer or 
23 exchange, or by the
custodian of the discharge of any 
24 individual who was adjudicated a delinquent
for a sex 
25 offense from State custody and by the sheriff of the 
26 appropriate
county of any such person's final discharge 
 
 
HB3537- 30 -LRB102 16848 KMF 22254 b


1 from county custody. The notification shall be made to the 
2 victim at least 30 days, whenever possible, before release 
3 of the sex offender. 
4 (e) The officials named in this Section may satisfy some 
5or all of their
obligations to provide notices and other 
6information through participation in a
statewide victim and 
7witness notification system established by the Attorney

8General under Section 8.5 of this Act.

9 (f) The Prisoner Review Board
shall establish a toll-free 
10number that may be accessed by the crime victim to present a 
11victim statement to the Board in accordance with paragraphs 
12(4), (4-1), and (4-2) of subsection (d).

13(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; 
14101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)





15 (725 ILCS 120/7) (from Ch. 38, par. 1407)



16 Sec. 7. Responsibilities of victims and witnesses. Victims 
17and
witnesses shall have the following responsibilities to aid 
18in the
prosecution of violent crime and to ensure that their 
19constitutional rights are enforced:

20 (a) To make a timely report of the crime;

21 (b) To cooperate with law enforcement authorities 
22throughout the
investigation, prosecution, and trial;

23 (c) To testify at trial;

24 (c-5) to timely provide information and documentation to 
25the prosecuting attorney that is related to the assertion of 
 
 
HB3537- 31 -LRB102 16848 KMF 22254 b


1their rights. 
2 (d) To notify law enforcement authorities and the 
3prosecuting attorney of any change of contact information, 
4including but not limited to, changes of address and contact 
5information, including but not limited to changes of address, 
6telephone number, and email address. Law enforcement 
7authorities and the prosecuting attorney shall maintain the 
8confidentiality of this information. A court may find that the 
9failure to notify the prosecuting attorney of any change in 
10contact information constitutes waiver of a right.
11 (e) A victim who otherwise cooperates with law enforcement 
12authorities and the prosecuting attorney, but declines to 
13provide information and documentation to the prosecuting 
14attorney that is privileged or confidential under the law, or 
15chooses not to waive privilege, shall still be considered as 
16cooperating for the purposes of this Act and maintain the 
17status of victim and the rights afforded to victims under this 
18Act. 

19(Source: P.A. 99-413, eff. 8-20-15.)




20 (725 ILCS 120/9) (from Ch. 38, par. 1408)


21 Sec. 9. This Act does not limit any rights or 
22responsibilities otherwise
enjoyed by or imposed upon victims 
23or witnesses of violent crime, nor does it
grant any person a 
24cause of action in equity or at law for compensation for 
25damages or attorneys fees. Any act of
omission or commission 
 
 
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1by any law enforcement officer, circuit court clerk,
or

2State's
Attorney, by the Attorney General, Prisoner Review 
3Board, Department of
Corrections,
the Department of Juvenile 
4Justice, Department of Human Services, or other State agency, 
5or private entity under
contract pursuant to Section 8, or by 
6any employee of any
State agency or private entity under 
7contract pursuant to Section 8 acting
in good faith in 
8rendering crime victim's assistance or
otherwise enforcing 
9this Act shall not impose civil liability upon the
individual 
10or entity or his or her supervisor or employer. This Act grants 
11a victim a private civil cause of action for injunctive, 
12declaratory, or mandamus relief when officials or agencies 
13named in this Section willfully or wantonly violate a victim's 
14right or rights and the officials or agencies do not correct 
15their actions and afford the right or rights to the victim when 
16given written notice and reasonable time to comply. Nothing in 
17this Act
shall create a basis for vacating a conviction or a 
18ground for relief
requested by the defendant in any criminal 
19case.

20(Source: P.A. 99-413, eff. 8-20-15.)



21 Section 15. The Code of Civil Procedure is amended by 
22changing Sections 8-802.1 as follows:



23 (735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)



24 Sec. 8-802.1. Confidentiality of Statements Made to Rape 
 
 
HB3537- 33 -LRB102 16848 KMF 22254 b


1Crisis Personnel. 

2 (a) Purpose. This Section is intended to protect victims 
3of rape from
public
disclosure of statements they make in 
4confidence to counselors of organizations
established to help 
5them. On or after July 1, 1984, "rape" means an act of
forced 
6sexual penetration or sexual conduct, as defined in Section 
711-0.1 of
the Criminal Code of 2012, including acts prohibited 
8under
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 
9of the Criminal Code of 1961 or the Criminal Code of 2012.

10Because of the fear and stigma that often results from those 
11crimes, many
victims hesitate to seek help even where it is 
12available at no cost to them.
As a result they not only fail to 
13receive needed medical care and emergency
counseling, but may 
14lack the psychological support necessary to report the
crime 
15and aid police in preventing future crimes.

16 (b) Definitions. As used in this Act:


17  (1) "Rape crisis organization" means any organization 
18 or association a the
major purpose of which is providing 
19 information, counseling, and psychological
support to 
20 victims of any or all of the crimes of aggravated criminal 
21 sexual
assault, predatory criminal sexual assault of a 
22 child, criminal sexual
assault, sexual relations between 
23 siblings, criminal
sexual abuse and aggravated criminal 
24 sexual abuse. "Rape crisis organization" includes, but is 
25 not limited to, any rape crisis center certified by a 
26 statewide sexual assault coalition. 


 
 
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1  (2) "Rape crisis counselor" means a person who is a 
2 psychologist,
social worker, employee, or volunteer in any 
3 organization or association
defined as a rape crisis 
4 organization under this Section, who has undergone 40

5 hours of training and is under the control of a direct 
6 services supervisor of a
rape crisis organization.


7  (3) "Victim" means a person who is the subject of, or 
8 who seeks
information, counseling, or advocacy services as 
9 a result of an aggravated
criminal sexual assault, 
10 predatory criminal sexual assault of a child,
criminal 
11 sexual assault, sexual relations within
families, criminal 
12 sexual abuse, aggravated criminal sexual abuse, sexual

13 exploitation of a child, indecent solicitation of a child, 
14 public indecency,
exploitation of a child, promoting 
15 juvenile prostitution as described in subdivision (a)(4) 
16 of Section 11-14.4, or an attempt to commit any of these 
17 offenses.


18  (4) "Confidential communication" means any 
19 communication between a
victim and a rape crisis counselor 
20 in the course of providing information,
counseling, and 
21 advocacy. The term includes all records kept by the 
22 counselor
or by the organization in the course of 
23 providing services to an alleged victim
concerning the 
24 alleged victim and the services provided.

25 (c) Waiver of privilege.


26  (1) The confidential nature of the communication is 
 
 
HB3537- 35 -LRB102 16848 KMF 22254 b


1 not waived by: the
presence of a third person who further 
2 expresses the interests of the victim at
the time of the 
3 communication; group counseling; or disclosure to a third

4 person with the consent of the victim when reasonably 
5 necessary to accomplish
the purpose for which the 
6 counselor is consulted.


7  (2) The confidential nature of counseling records is 
8 not waived when:
the victim inspects the records; or in 
9 the case of a minor child less than
12 years of age, a 
10 parent or guardian whose interests are not adverse to
the 
11 minor inspects the records; or in the case of a minor 
12 victim 12 years
or older, a parent or guardian whose 
13 interests are not adverse to the minor
inspects the 
14 records with the victim's consent, or in the case of an 
15 adult who has a guardian of his or her person, the guardian 
16 inspects the records with the victim's consent.


17  (3) When a victim is deceased, the executor
or 
18 administrator of the victim's estate may waive the 
19 privilege
established by this Section, unless the executor 
20 or
administrator has an interest adverse to the victim.


21  (4) A minor victim 12 years of age or older may 
22 knowingly waive the
privilege established in this Section. 
23 When a minor is, in the opinion of
the Court, incapable of 
24 knowingly waiving the privilege, the parent or
guardian of 
25 the minor may waive the privilege on behalf of the minor,

26 unless the parent or guardian has been charged with a 
 
 
HB3537- 36 -LRB102 16848 KMF 22254 b


1 violent crime against
the victim or otherwise has any 
2 interest adverse to that of the minor with
respect to the 
3 waiver of the privilege.

4  (5) An adult victim who has a guardian of his or her 
5 person may knowingly waive the privilege established in 
6 this Section. When the victim is, in the opinion of the 
7 court, incapable of knowingly waiving the privilege, the 
8 guardian of the adult victim may waive the privilege on 
9 behalf of the victim, unless the guardian has been charged 
10 with a violent crime against the victim or otherwise has 
11 any interest adverse to the victim with respect to the 
12 privilege. 
13 (d) Confidentiality. Except as provided in this Act, no 
14rape crisis
counselor shall disclose any confidential 
15communication or be examined as a
witness in any civil or 
16criminal proceeding as to any confidential
communication 
17without the written consent of the victim or a representative 
18of
the victim as provided in subparagraph (c).

19 (e) A rape crisis counselor may disclose a confidential 
20communication
without the consent of the victim if failure to 
21disclose is likely to
result in a clear, imminent risk of 
22serious physical injury or death of the
victim or another 
23person. Any rape crisis counselor or rape crisis
organization 
24participating in good faith in the disclosing of records and

25communications under this Act shall have immunity from any 
26liability,
civil, criminal, or otherwise that might result 
 
 
HB3537- 37 -LRB102 16848 KMF 22254 b


1from the action.
In any proceeding, civil or criminal, arising 
2out of a disclosure under
this Section, the good faith of any 
3rape crisis counselor
or rape crisis organization who 
4disclosed the confidential communication
shall be presumed.

5 (f) Any rape crisis counselor who knowingly discloses any 
6confidential
communication in violation of this Act commits a 
7Class C misdemeanor.

8(Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11; 
997-1150, eff. 1-25-13.)