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91_SB0753
SRS91S0013JJch
1 AN ACT concerning crime victims and witnesses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Rights of Crime Victims and Witnesses Act
5 is amended by changing Sections 4.5 and 9 and by adding
6 Section 8.5 as follows:
7 (725 ILCS 120/4.5)
8 Sec. 4.5. Procedures to implement the rights of crime
9 victims. To afford crime victims their rights, law
10 enforcement, prosecutors, judges and corrections will provide
11 information, as appropriate of the following procedures:
12 (a) At the request of the crime victim, law enforcement
13 authorities investigating the case shall provide notice of
14 the status of the investigation, except where the State's
15 Attorney determines that disclosure of such information would
16 unreasonably interfere with the investigation, until such
17 time as the alleged assailant is apprehended or the
18 investigation is closed.
19 (b) The office of the State's Attorney:
20 (1) shall provide notice of the filing of
21 information, the return of an indictment by which a
22 prosecution for any violent crime is commenced, or the
23 filing of a petition to adjudicate a minor as a
24 delinquent for a violent crime;
25 (2) shall provide notice of the date, time, and
26 place of trial;
27 (3) or victim advocate personnel shall provide
28 information of social services and financial assistance
29 available for victims of crime, including information of
30 how to apply for these services and assistance;
31 (4) shall assist in having any stolen or other
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1 personal property held by law enforcement authorities for
2 evidentiary or other purposes returned as expeditiously
3 as possible, pursuant to the procedures set out in
4 Section 115-9 of the Code of Criminal Procedure of 1963;
5 (5) or victim advocate personnel shall provide
6 appropriate employer intercession services to ensure that
7 employers of victims will cooperate with the criminal
8 justice system in order to minimize an employee's loss of
9 pay and other benefits resulting from court appearances;
10 (6) shall provide information whenever possible, of
11 a secure waiting area during court proceedings that does
12 not require victims to be in close proximity to defendant
13 or juveniles accused of a violent crime, and their
14 families and friends;
15 (7) shall provide notice to the crime victim of the
16 right to have a translator present at all court
17 proceedings;
18 (8) in the case of the death of a person, which
19 death occurred in the same transaction or occurrence in
20 which acts occurred for which a defendant is charged with
21 an offense, shall notify the spouse, parent, child or
22 sibling of the decedent of the date of the trial of the
23 person or persons allegedly responsible for the death;
24 (9) shall inform the victim of the right to have
25 present at all court proceedings, subject to the rules of
26 evidence, an advocate or other support person of the
27 victim's choice, and the right to retain an attorney, at
28 the victim's own expense, who, upon written notice filed
29 with the clerk of the court and State's Attorney, is to
30 receive copies of all notices, motions and court orders
31 filed thereafter in the case, in the same manner as if
32 the victim were a named party in the case; and
33 (10) at the sentencing hearing shall make a good
34 faith attempt to explain the minimum amount of time
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1 during which the defendant may actually be physically
2 imprisoned. The Office of the State's Attorney shall
3 further notify the crime victim of the right to request
4 from the Prisoner Review Board information concerning the
5 release of the defendant under subparagraph (d)(1) of
6 this Section; and
7 (11) shall request restitution at sentencing and
8 shall consider restitution in any plea negotiation, as
9 provided by law.
10 (c) At the written request of the crime victim, the
11 office of the State's Attorney shall:
12 (1) provide notice a reasonable time in advance of
13 the following court proceedings: preliminary hearing, any
14 hearing the effect of which may be the release of
15 defendant from custody, or to alter the conditions of
16 bond and the sentencing hearing. The crime victim shall
17 also be notified of the cancellation of the court
18 proceeding in sufficient time, wherever possible, to
19 prevent an unnecessary appearance in court;
20 (2) provide notice within a reasonable time after
21 receipt of notice from the custodian, of the release of
22 the defendant on bail or personal recognizance or the
23 release from detention of a minor who has been detained
24 for a violent crime;
25 (3) explain in nontechnical language the details of
26 any plea or verdict of a defendant, or any adjudication
27 of a juvenile as a delinquent for a violent crime;
28 (4) where practical, consult with the crime victim
29 before the Office of the State's Attorney makes an offer
30 of a plea bargain to the defendant or enters into
31 negotiations with the defendant concerning a possible
32 plea agreement, and shall consider the written victim
33 impact statement, if prepared prior to entering into a
34 plea agreement;
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1 (5) provide notice of the ultimate disposition of
2 the cases arising from an indictment or an information,
3 or a petition to have a juvenile adjudicated as a
4 delinquent for a violent crime;
5 (6) provide notice of any appeal taken by the
6 defendant and information on how to contact the
7 appropriate agency handling the appeal;
8 (7) provide notice of any request for
9 post-conviction review filed by the defendant under
10 Article 122 of the Code of Criminal Procedure of 1963,
11 and of the date, time and place of any hearing concerning
12 the petition. Whenever possible, notice of the hearing
13 shall be given in advance;
14 (8) forward a copy of any statement presented under
15 Section 6 to the Prisoner Review Board to be considered
16 by the Board in making its determination under subsection
17 (b) of Section 3-3-8 of the Unified Code of Corrections.
18 (d) (1) The Prisoner Review Board shall inform a victim
19 or any other concerned citizen, upon written request, of
20 the prisoner's release on parole, mandatory supervised
21 release, electronic detention, work release or by the
22 custodian of the discharge of any individual who was
23 adjudicated a delinquent for a violent crime from State
24 custody and by the sheriff of the appropriate county of
25 any such person's final discharge from county custody.
26 The Prisoner Review Board, upon written request, shall
27 provide to a victim or any other concerned citizen a
28 recent photograph of any person convicted of a felony,
29 upon his or her release from custody. The Prisoner Review
30 Board, upon written request, shall inform a victim or any
31 other concerned citizen when feasible at least 7 days
32 prior to the prisoner's release on furlough of the times
33 and dates of such furlough. Upon written request by the
34 victim or any other concerned citizen, the State's
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1 Attorney shall notify the person once of the times and
2 dates of release of a prisoner sentenced to periodic
3 imprisonment. Notification shall be based on the most
4 recent information as to victim's or other concerned
5 citizen's residence or other location available to the
6 notifying authority. For purposes of this paragraph (1)
7 of subsection (d), "concerned citizen" includes relatives
8 of the victim, friends of the victim, witnesses to the
9 crime, or any other person associated with the victim or
10 prisoner.
11 (2) When the defendant has been committed to the
12 Department of Human Services pursuant to Section 5-2-4 or
13 any other provision of the Unified Code of Corrections,
14 the victim may request to be notified by the releasing
15 authority of the defendant's discharge from State
16 custody.
17 (3) In the event of an escape from State custody,
18 the Department of Corrections immediately shall notify
19 the Prisoner Review Board of the escape and the Prisoner
20 Review Board shall notify the victim. The notification
21 shall be based upon the most recent information as to the
22 victim's residence or other location available to the
23 Board. When no such information is available, the Board
24 shall make all reasonable efforts to obtain the
25 information and make the notification. When the escapee
26 is apprehended, the Department of Corrections immediately
27 shall notify the Prisoner Review Board and the Board
28 shall notify the victim.
29 (4) The victim of the crime for which the prisoner
30 has been sentenced shall receive reasonable written
31 notice not less than 15 days prior to the parole hearing
32 and may submit, in writing, on film, videotape or other
33 electronic means or in the form of a recording or in
34 person at the parole hearing, information for
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1 consideration by the Prisoner Review Board. The victim
2 shall be notified within 7 days after the prisoner has
3 been granted parole and shall be informed of the right to
4 inspect the registry of parole decisions, established
5 under subsection (g) of Section 3-3-5 of the Unified Code
6 of Corrections. The provisions of this paragraph (4) are
7 subject to the Open Parole Hearings Act.
8 (5) If a statement is presented under Section 6,
9 the Prisoner Review Board shall inform the victim of any
10 order of discharge entered by the Board pursuant to
11 Section 3-3-8 of the Unified Code of Corrections.
12 (6) At the written request of the victim of the
13 crime for which the prisoner was sentenced, the Prisoner
14 Review Board shall notify the victim of the death of the
15 prisoner if the prisoner died while on parole or
16 mandatory supervised release.
17 (7) When a defendant who has been committed to the
18 Department of Corrections or the Department of Human
19 Services is released or discharged and subsequently
20 committed to the Department of Human Services as a
21 sexually violent person and the victim had requested to
22 be notified by the releasing authority of the defendant's
23 discharge from State custody, the releasing authority
24 shall provide to the Department of Human Services such
25 information that would allow the Department of Human
26 Services to contact the victim.
27 (e) The officials named in this Section may satisfy some
28 or all their obligations to provide notices and other
29 information through participation in a statewide victim and
30 witness notification system established by the Attorney
31 General under Section 8.5 of this Act.
32 (Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95;
33 89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
34 90-793, eff. 8-14-98.)
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1 (725 ILCS 120/8.5 new)
2 Sec. 8.5. Statewide victim and witness notification
3 system.
4 (a) The Attorney General may establish a crime victim
5 and witness notification system to assist public officials in
6 carrying out their duties to notify and inform crime victims
7 and witnesses under Section 4.5 of this Act as the Attorney
8 General specifies by rule. The system shall download
9 necessary information from participating officials into its
10 computers, where it shall be maintained, updated, and
11 automatically transmitted to victims and witnesses by
12 telephone, computer, or written notice.
13 (b) The Illinois Department of Corrections and the
14 Prisoner Review Board shall provide information as directed
15 by rule of the Attorney General.
16 (c) State's attorneys and local law enforcement and
17 correctional authorities may enter into agreements with the
18 Attorney General for participation in the system. The
19 Attorney General may provide those who elect to participate
20 with the equipment, software, or training necessary to bring
21 their offices into the system.
22 (d) The provision of information to crime victims and
23 witnesses through the Attorney General's notification system
24 satisfies a given State or local official's corresponding
25 obligation under Section 4.5 to provide the information.
26 (e) The Attorney General may provide for telephonic,
27 electronic, or other public access to the database
28 established under this Section.
29 (f) The Attorney General shall adopt rules as necessary
30 to implement this Section. The rules shall include, but not
31 be limited to, provisions for the scope and operation of any
32 system the Attorney General may establish procedures,
33 requirements, and standards for entering into agreements to
34 participate in the system and to receive equipment, software,
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1 or training.
2 (g) There is established in the Office of the Attorney
3 General a Crime Victim and Witness Notification Advisory
4 Committee consisting of those victims advocates, sheriffs,
5 State's Attorneys, and Illinois Department of Corrections
6 employees that the Attorney General chooses to appoint. The
7 Attorney General shall designate one member to chair the
8 Committee.
9 (1) The Committee shall consult with and advise the
10 Attorney General as to the exercise of the Attorney
11 General's authority under this Section, including, but
12 not limited to:
13 (i) the design, scope, and operation of the
14 notification system;
15 (ii) the content of any rules adopted to
16 implement this Section;
17 (iii) the procurement of hardware, software,
18 and support for the system, including choice of
19 supplier or operator; and
20 (iv) the acceptance of agreements with and the
21 award of equipment, software, or training to
22 officials that seek to participate in the system.
23 (2) The Committee shall review the status and
24 operation of the system and report any findings and
25 recommendations for changes to the Attorney General and
26 the General Assembly by November 1 of each year.
27 (3) The members of the Committee shall receive no
28 compensation for their services as members of the
29 Committee, but may be reimbursed for their actual
30 expenses incurred in serving on the Committee.
31 (725 ILCS 120/9) (from Ch. 38, par. 1408)
32 Sec. 9. This Act does not limit any rights or
33 responsibilities otherwise enjoyed by or imposed upon victims
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1 or witnesses of violent crime, nor does it grant any person a
2 cause of action for damages or attorneys fees. Any act of
3 omission or commission by any law enforcement officer or
4 State's Attorney, by the Attorney General, Prisoner Review
5 Board, Department of Corrections, Department of Human
6 Services, or other State agency, or private entity under
7 contract pursuant to Section 8, or by any employee of any
8 State agency or private entity under contract pursuant to
9 Section 8 acting in good faith in rendering crime victim's
10 assistance or otherwise enforcing this Act shall not impose
11 civil liability upon the individual or entity or his or her
12 supervisor or employer. Nothing in this Act shall create a
13 basis for vacating a conviction or a ground for appellate
14 relief in any criminal case. Failure of the crime victim to
15 receive notice as required, however, shall not deprive the
16 court of the power to act regarding the proceeding before it;
17 nor shall any such failure grant the defendant the right to
18 seek a continuance.
19 (Source: P.A. 89-507, eff. 7-1-97; 90-744, eff. 1-1-99.)