Bill Text: IL SB1043 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the general purposes of the Code.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-08-19 - Public Act . . . . . . . . . 97-0457 [SB1043 Detail]
Download: Illinois-2011-SB1043-Enrolled.html
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the general purposes of the Code.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-08-19 - Public Act . . . . . . . . . 97-0457 [SB1043 Detail]
Download: Illinois-2011-SB1043-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Rights of Crime Victims and Witnesses Act is | ||||||
5 | amended by changing Section 4.5 as follows:
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6 | (725 ILCS 120/4.5)
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7 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
8 | victims. To afford
crime victims their rights, law enforcement, | ||||||
9 | prosecutors, judges and
corrections will provide information, | ||||||
10 | as appropriate of the following
procedures:
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11 | (a) At the request of the crime victim, law enforcement | ||||||
12 | authorities
investigating the case shall provide notice of the | ||||||
13 | status of the investigation,
except where the State's Attorney | ||||||
14 | determines that disclosure of such
information would | ||||||
15 | unreasonably interfere with the investigation, until such
time | ||||||
16 | as the alleged assailant is apprehended or the investigation is | ||||||
17 | closed.
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18 | (a-5) When law enforcement authorities re-open a closed | ||||||
19 | case to resume investigating, they shall provide notice of the | ||||||
20 | re-opening of the case, except where the State's Attorney | ||||||
21 | determines that disclosure of such information would | ||||||
22 | unreasonably interfere with the investigation. | ||||||
23 | (b) The office of the State's Attorney:
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1 | (1) shall provide notice of the filing of information, | ||||||
2 | the return of an
indictment by which a prosecution for any | ||||||
3 | violent crime is commenced, or the
filing of a petition to | ||||||
4 | adjudicate a minor as a delinquent for a violent
crime;
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5 | (2) shall provide notice of the date, time, and place | ||||||
6 | of trial;
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7 | (3) or victim advocate personnel shall provide | ||||||
8 | information of social
services and financial assistance | ||||||
9 | available for victims of crime, including
information of | ||||||
10 | how to apply for these services and assistance;
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11 | (4) shall assist in having any stolen or other personal | ||||||
12 | property held by
law enforcement authorities for | ||||||
13 | evidentiary or other purposes returned as
expeditiously as | ||||||
14 | possible, pursuant to the procedures set out in Section | ||||||
15 | 115-9
of the Code of Criminal Procedure of 1963;
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16 | (5) or victim advocate personnel shall provide | ||||||
17 | appropriate employer
intercession services to ensure that | ||||||
18 | employers of victims will cooperate with
the criminal | ||||||
19 | justice system in order to minimize an employee's loss of | ||||||
20 | pay and
other benefits resulting from court appearances;
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21 | (6) shall provide information whenever possible, of a | ||||||
22 | secure waiting
area during court proceedings that does not | ||||||
23 | require victims to be in close
proximity to defendant or | ||||||
24 | juveniles accused of a violent crime, and their
families | ||||||
25 | and friends;
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26 | (7) shall provide notice to the crime victim of the |
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1 | right to have a
translator present at all court proceedings | ||||||
2 | and, in compliance with the federal Americans
with | ||||||
3 | Disabilities Act of 1990, the right to communications | ||||||
4 | access through a
sign language interpreter or by other | ||||||
5 | means;
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6 | (8) in the case of the death of a person, which death | ||||||
7 | occurred in the same
transaction or occurrence in which | ||||||
8 | acts occurred for which a defendant is
charged with an | ||||||
9 | offense, shall notify the spouse, parent, child or sibling | ||||||
10 | of
the decedent of the date of the trial of the person or | ||||||
11 | persons allegedly
responsible for the death;
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12 | (9) shall inform the victim of the right to have | ||||||
13 | present at all court
proceedings, subject to the rules of | ||||||
14 | evidence, an advocate or other support
person of the | ||||||
15 | victim's choice, and the right to retain an attorney, at | ||||||
16 | the
victim's own expense, who, upon written notice filed | ||||||
17 | with the clerk of the
court and State's Attorney, is to | ||||||
18 | receive copies of all notices, motions and
court orders | ||||||
19 | filed thereafter in the case, in the same manner as if the | ||||||
20 | victim
were a named party in the case;
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21 | (10) at the sentencing hearing shall make a good faith | ||||||
22 | attempt to explain
the minimum amount of time during which | ||||||
23 | the defendant may actually be
physically imprisoned. The | ||||||
24 | Office of the State's Attorney shall further notify
the | ||||||
25 | crime victim of the right to request from the Prisoner | ||||||
26 | Review Board
information concerning the release of the |
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1 | defendant under subparagraph (d)(1)
of this Section;
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2 | (11) shall request restitution at sentencing and shall | ||||||
3 | consider
restitution in any plea negotiation, as provided | ||||||
4 | by law; and
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5 | (12) shall, upon the court entering a verdict of not | ||||||
6 | guilty by reason of insanity, inform the victim of the | ||||||
7 | notification services available from the Department of | ||||||
8 | Human Services, including the statewide telephone number, | ||||||
9 | under subparagraph (d)(2) of this Section. | ||||||
10 | (c) At the written request of the crime victim, the office | ||||||
11 | of the State's
Attorney shall:
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12 | (1) provide notice a reasonable time in advance of the | ||||||
13 | following court
proceedings: preliminary hearing, any | ||||||
14 | hearing the effect of which may be the
release of defendant | ||||||
15 | from custody, or to alter the conditions of bond and the
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16 | sentencing hearing. The crime victim shall also be notified | ||||||
17 | of the
cancellation of the court proceeding in sufficient | ||||||
18 | time, wherever possible, to
prevent an unnecessary | ||||||
19 | appearance in court;
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20 | (2) provide notice within a reasonable time after | ||||||
21 | receipt of notice from
the custodian, of the release of the | ||||||
22 | defendant on bail or personal recognizance
or the release | ||||||
23 | from detention of a minor who has been detained for a | ||||||
24 | violent
crime;
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25 | (3) explain in nontechnical language the details of any | ||||||
26 | plea or verdict of
a defendant, or any adjudication of a |
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1 | juvenile as a delinquent for a violent
crime;
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2 | (4) where practical, consult with the crime victim | ||||||
3 | before the Office of
the State's Attorney makes an offer of | ||||||
4 | a plea bargain to the defendant or
enters into negotiations | ||||||
5 | with the defendant concerning a possible plea
agreement, | ||||||
6 | and shall consider the written victim impact statement, if | ||||||
7 | prepared
prior to entering into a plea agreement;
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8 | (5) provide notice of the ultimate disposition of the | ||||||
9 | cases arising from
an indictment or an information, or a | ||||||
10 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
11 | a violent crime;
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12 | (6) provide notice of any appeal taken by the defendant | ||||||
13 | and information
on how to contact the appropriate agency | ||||||
14 | handling the appeal;
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15 | (7) provide notice of any request for post-conviction | ||||||
16 | review filed by the
defendant under Article 122 of the Code | ||||||
17 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
18 | place of any hearing concerning the petition. Whenever
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19 | possible, notice of the hearing shall be given in advance;
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20 | (8) forward a copy of any statement presented under | ||||||
21 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
22 | the Board in making its determination
under subsection (b) | ||||||
23 | of Section 3-3-8 of the Unified Code of Corrections.
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24 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
25 | any other
concerned citizen, upon written request, of the | ||||||
26 | prisoner's release on parole,
mandatory supervised release, |
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1 | electronic detention, work release, international transfer or | ||||||
2 | exchange, or by the
custodian of the discharge of any | ||||||
3 | individual who was adjudicated a delinquent
for a violent crime | ||||||
4 | from State custody and by the sheriff of the appropriate
county | ||||||
5 | of any such person's final discharge from county custody.
The | ||||||
6 | Prisoner Review Board, upon written request, shall provide to a | ||||||
7 | victim or
any other concerned citizen a recent photograph of | ||||||
8 | any person convicted of a
felony, upon his or her release from | ||||||
9 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
10 | inform a victim or any other
concerned citizen when feasible at | ||||||
11 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
12 | times and dates of such furlough. Upon written request by
the | ||||||
13 | victim or any other concerned citizen, the State's Attorney | ||||||
14 | shall notify
the person once of the times and dates of release | ||||||
15 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
16 | shall be based on the most recent
information as to victim's or | ||||||
17 | other concerned citizen's residence or other
location | ||||||
18 | available to the notifying authority.
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19 | (2) When the defendant has been committed to the Department | ||||||
20 | of
Human Services pursuant to Section 5-2-4 or any other
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21 | provision of the Unified Code of Corrections, the victim may | ||||||
22 | request to be
notified by the releasing authority of the | ||||||
23 | defendant's furloughs, temporary release, or final discharge | ||||||
24 | from State
custody. The Department of Human Services shall | ||||||
25 | establish and maintain a statewide telephone number to be used | ||||||
26 | by victims to make notification requests under these provisions |
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1 | and shall publicize this telephone number on its website and to | ||||||
2 | the State's Attorney of each county.
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3 | (3) In the event of an escape from State custody, the | ||||||
4 | Department of
Corrections or the Department of Juvenile Justice | ||||||
5 | immediately shall notify the Prisoner Review Board of the | ||||||
6 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
7 | The notification shall
be based upon the most recent | ||||||
8 | information as to the victim's residence or other
location | ||||||
9 | available to the Board. When no such information is available, | ||||||
10 | the
Board shall make all reasonable efforts to obtain the | ||||||
11 | information and make
the notification. When the escapee is | ||||||
12 | apprehended, the Department of
Corrections or the Department of | ||||||
13 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
14 | Board and the Board
shall notify the victim.
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15 | (4) The victim of the crime for which the prisoner has been | ||||||
16 | sentenced
shall receive reasonable written notice not less than | ||||||
17 | 30 days prior to the
parole interview and may submit, in | ||||||
18 | writing, on film, videotape or other
electronic means or in the | ||||||
19 | form of a recording or in person at the parole
interview
or if | ||||||
20 | a victim of a violent crime, by calling the
toll-free number | ||||||
21 | established in subsection (f) of this Section, information
for
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22 | consideration by the Prisoner Review Board. The
victim shall be | ||||||
23 | notified within 7 days after the prisoner has been granted
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24 | parole and shall be informed of the right to inspect the | ||||||
25 | registry of parole
decisions, established under subsection (g) | ||||||
26 | of Section 3-3-5 of the Unified
Code of Corrections. The |
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1 | provisions of this paragraph (4) are subject to the
Open Parole | ||||||
2 | Hearings Act.
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3 | (5) If a statement is presented under Section 6, the | ||||||
4 | Prisoner Review Board
shall inform the victim of any order of | ||||||
5 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
6 | Unified Code of Corrections.
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7 | (6) At the written request of the victim of the crime for | ||||||
8 | which the
prisoner was sentenced or the State's Attorney of the | ||||||
9 | county where the person seeking parole was prosecuted, the | ||||||
10 | Prisoner Review Board shall notify the victim and the State's | ||||||
11 | Attorney of the county where the person seeking parole was | ||||||
12 | prosecuted of
the death of the prisoner if the prisoner died | ||||||
13 | while on parole or mandatory
supervised release.
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14 | (7) When a defendant who has been committed to the | ||||||
15 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
16 | or the Department of Human Services is released or discharged | ||||||
17 | and
subsequently committed to the Department of Human Services | ||||||
18 | as a sexually
violent person and the victim had requested to be | ||||||
19 | notified by the releasing
authority of the defendant's | ||||||
20 | discharge from State custody, the releasing
authority shall | ||||||
21 | provide to the Department of Human Services such information
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22 | that would allow the Department of Human Services to contact | ||||||
23 | the victim.
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24 | (8) When a defendant has been convicted of a sex offense as | ||||||
25 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
26 | has been sentenced to the Department of Corrections or the |
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1 | Department of Juvenile Justice, the Prisoner Review Board shall | ||||||
2 | notify the victim of the sex offense of the prisoner's | ||||||
3 | eligibility for release on parole,
mandatory supervised | ||||||
4 | release, electronic detention, work release, international | ||||||
5 | transfer or exchange, or by the
custodian of the discharge of | ||||||
6 | any individual who was adjudicated a delinquent
for a sex | ||||||
7 | offense from State custody and by the sheriff of the | ||||||
8 | appropriate
county of any such person's final discharge from | ||||||
9 | county custody. The notification shall be made to the victim at | ||||||
10 | least 30 days, whenever possible, before release of the sex | ||||||
11 | offender. | ||||||
12 | (e) The officials named in this Section may satisfy some or | ||||||
13 | all of their
obligations to provide notices and other | ||||||
14 | information through participation in a
statewide victim and | ||||||
15 | witness notification system established by the Attorney
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16 | General under Section 8.5 of this Act.
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17 | (f) To permit a victim of a violent crime to provide | ||||||
18 | information to the
Prisoner Review Board for consideration by | ||||||
19 | the
Board at a parole hearing of a person who committed the | ||||||
20 | crime against
the victim in accordance with clause (d)(4) of | ||||||
21 | this Section or at a proceeding
to determine the conditions of | ||||||
22 | mandatory supervised release of a person
sentenced to a | ||||||
23 | determinate sentence or at a hearing on revocation of mandatory
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24 | supervised release of a person sentenced to a determinate | ||||||
25 | sentence, the Board
shall establish a toll-free number that may | ||||||
26 | be accessed by the victim of
a violent crime to present that |
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1 | information to the Board.
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2 | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | ||||||
3 | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
4 | 96-875, eff. 1-22-10.)
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