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91_SB1362eng SB1362 Engrossed LRB9111117WHmb 1 AN ACT to re-enact provisions of the Rights of Crime 2 Victims and Witnesses Act contained in Article 35 of Public 3 Act 88-680. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 1. Purpose. 7 (1) The General Assembly finds and declares that: 8 (i) Public Act 88-680, effective January 1, 1995, 9 contained provisions amending the Rights of Crime Victims 10 and Witnesses Act. Public Act 88-680 also contained other 11 provisions. 12 (ii) In addition, Public Act 88-680 was entitled 13 "AN ACT to create a Safe Neighborhoods Law". (A) Article 14 5 was entitled JUVENILE JUSTICE and amended the Juvenile 15 Court Act of 1987. (B) Article 15 was entitled GANGS and 16 amended various provisions of the Criminal Code of 1961 17 and the Unified Code of Corrections. (C) Article 20 was 18 entitled ALCOHOL ABUSE and amended various provisions of 19 the Illinois Vehicle Code. (D) Article 25 was entitled 20 DRUG ABUSE and amended the Cannabis Control Act and the 21 Illinois Controlled Substances Act. (E) Article 30 was 22 entitled FIREARMS and amended the Criminal Code of 1961 23 and the Code of Criminal Procedure of 1963. (F) Article 24 35 amended the Criminal Code of 1961, the Rights of Crime 25 Victims and Witnesses Act, and the Unified Code of 26 Corrections. (G) Article 40 amended the Criminal Code of 27 1961 to increase the penalty for compelling organization 28 membership of persons. (H) Article 45 created the Secure 29 Residential Youth Care Facility Licensing Act and amended 30 the State Finance Act, the Juvenile Court Act of 1987, 31 the Unified Code of Corrections, and the Private 32 Correctional Facility Moratorium Act. (I) Article 50 SB1362 Engrossed -2- LRB9111117WHmb 1 amended the WIC Vendor Management Act, the Firearm Owners 2 Identification Card Act, the Juvenile Court Act of 1987, 3 the Criminal Code of 1961, the Wrongs to Children Act, 4 and the Unified Code of Corrections. 5 (iii) On December 2, 1999, the Illinois Supreme 6 Court, in People v. Cervantes, Docket No. 87229, ruled 7 that Public Act 88-680 violates the single subject clause 8 of the Illinois Constitution (Article IV, Section 8 (d)) 9 and was unconstitutional in its entirety. 10 (iv) The provisions of Public Act 88-680 amending 11 the Rights of Crime Victims and Witnesses Act are of 12 vital concern to the people of this State and legislative 13 action concerning those provisions of Public Act 88-680 14 is necessary. 15 (2) It is the purpose of this Act to re-enact the 16 provisions of Article 35 of Public Act 88-680 amending the 17 Rights of Crime Victims and Witnesses Act, including 18 subsequent amendments. This re-enactment is intended to 19 remove any question as to the validity or content of those 20 provisions. 21 (3) This Act re-enacts provisions of Article 35 of 22 Public Act 88-680 amending the Rights of Crime Victims and 23 Witnesses Act, including subsequent amendments, to remove any 24 question as to the validity or content of those provisions; 25 it is not intended to supersede any other Public Act that 26 amends the text of the Sections as set forth in this Act. The 27 material is shown as existing text (i.e., without 28 underscoring). 29 ARTICLE 35 30 Section 35-15. The Rights of Crime Victims and Witnesses 31 Act is amended by re-enacting Sections 4.5 and 6 as follows: SB1362 Engrossed -3- LRB9111117WHmb 1 (725 ILCS 120/4.5) 2 Sec. 4.5. Procedures to implement the rights of crime 3 victims. To afford crime victims their rights, law 4 enforcement, prosecutors, judges and corrections will provide 5 information, as appropriate of the following procedures: 6 (a) At the request of the crime victim, law enforcement 7 authorities investigating the case shall provide notice of 8 the status of the investigation, except where the State's 9 Attorney determines that disclosure of such information would 10 unreasonably interfere with the investigation, until such 11 time as the alleged assailant is apprehended or the 12 investigation is closed. 13 (b) The office of the State's Attorney: 14 (1) shall provide notice of the filing of 15 information, the return of an indictment by which a 16 prosecution for any violent crime is commenced, or the 17 filing of a petition to adjudicate a minor as a 18 delinquent for a violent crime; 19 (2) shall provide notice of the date, time, and 20 place of trial; 21 (3) or victim advocate personnel shall provide 22 information of social services and financial assistance 23 available for victims of crime, including information of 24 how to apply for these services and assistance; 25 (4) shall assist in having any stolen or other 26 personal property held by law enforcement authorities for 27 evidentiary or other purposes returned as expeditiously 28 as possible, pursuant to the procedures set out in 29 Section 115-9 of the Code of Criminal Procedure of 1963; 30 (5) or victim advocate personnel shall provide 31 appropriate employer intercession services to ensure that 32 employers of victims will cooperate with the criminal 33 justice system in order to minimize an employee's loss of 34 pay and other benefits resulting from court appearances; SB1362 Engrossed -4- LRB9111117WHmb 1 (6) shall provide information whenever possible, of 2 a secure waiting area during court proceedings that does 3 not require victims to be in close proximity to defendant 4 or juveniles accused of a violent crime, and their 5 families and friends; 6 (7) shall provide notice to the crime victim of the 7 right to have a translator present at all court 8 proceedings; 9 (8) in the case of the death of a person, which 10 death occurred in the same transaction or occurrence in 11 which acts occurred for which a defendant is charged with 12 an offense, shall notify the spouse, parent, child or 13 sibling of the decedent of the date of the trial of the 14 person or persons allegedly responsible for the death; 15 (9) shall inform the victim of the right to have 16 present at all court proceedings, subject to the rules of 17 evidence, an advocate or other support person of the 18 victim's choice, and the right to retain an attorney, at 19 the victim's own expense, who, upon written notice filed 20 with the clerk of the court and State's Attorney, is to 21 receive copies of all notices, motions and court orders 22 filed thereafter in the case, in the same manner as if 23 the victim were a named party in the case; and 24 (10) at the sentencing hearing shall make a good 25 faith attempt to explain the minimum amount of time 26 during which the defendant may actually be physically 27 imprisoned. The Office of the State's Attorney shall 28 further notify the crime victim of the right to request 29 from the Prisoner Review Board information concerning the 30 release of the defendant under subparagraph (d)(1) of 31 this Section; and 32 (11) shall request restitution at sentencing and 33 shall consider restitution in any plea negotiation, as 34 provided by law. SB1362 Engrossed -5- LRB9111117WHmb 1 (c) At the written request of the crime victim, the 2 office of the State's Attorney shall: 3 (1) provide notice a reasonable time in advance of 4 the following court proceedings: preliminary hearing, any 5 hearing the effect of which may be the release of 6 defendant from custody, or to alter the conditions of 7 bond and the sentencing hearing. The crime victim shall 8 also be notified of the cancellation of the court 9 proceeding in sufficient time, wherever possible, to 10 prevent an unnecessary appearance in court; 11 (2) provide notice within a reasonable time after 12 receipt of notice from the custodian, of the release of 13 the defendant on bail or personal recognizance or the 14 release from detention of a minor who has been detained 15 for a violent crime; 16 (3) explain in nontechnical language the details of 17 any plea or verdict of a defendant, or any adjudication 18 of a juvenile as a delinquent for a violent crime; 19 (4) where practical, consult with the crime victim 20 before the Office of the State's Attorney makes an offer 21 of a plea bargain to the defendant or enters into 22 negotiations with the defendant concerning a possible 23 plea agreement, and shall consider the written victim 24 impact statement, if prepared prior to entering into a 25 plea agreement; 26 (5) provide notice of the ultimate disposition of 27 the cases arising from an indictment or an information, 28 or a petition to have a juvenile adjudicated as a 29 delinquent for a violent crime; 30 (6) provide notice of any appeal taken by the 31 defendant and information on how to contact the 32 appropriate agency handling the appeal; 33 (7) provide notice of any request for 34 post-conviction review filed by the defendant under SB1362 Engrossed -6- LRB9111117WHmb 1 Article 122 of the Code of Criminal Procedure of 1963, 2 and of the date, time and place of any hearing concerning 3 the petition. Whenever possible, notice of the hearing 4 shall be given in advance; 5 (8) forward a copy of any statement presented under 6 Section 6 to the Prisoner Review Board to be considered 7 by the Board in making its determination under subsection 8 (b) of Section 3-3-8 of the Unified Code of Corrections. 9 (d) (1) The Prisoner Review Board shall inform a victim 10 or any other concerned citizen, upon written request, of 11 the prisoner's release on parole, mandatory supervised 12 release, electronic detention, work release or by the 13 custodian of the discharge of any individual who was 14 adjudicated a delinquent for a violent crime from State 15 custody and by the sheriff of the appropriate county of 16 any such person's final discharge from county custody. 17 The Prisoner Review Board, upon written request, shall 18 provide to a victim or any other concerned citizen a 19 recent photograph of any person convicted of a felony, 20 upon his or her release from custody. The Prisoner Review 21 Board, upon written request, shall inform a victim or any 22 other concerned citizen when feasible at least 7 days 23 prior to the prisoner's release on furlough of the times 24 and dates of such furlough. Upon written request by the 25 victim or any other concerned citizen, the State's 26 Attorney shall notify the person once of the times and 27 dates of release of a prisoner sentenced to periodic 28 imprisonment. Notification shall be based on the most 29 recent information as to victim's or other concerned 30 citizen's residence or other location available to the 31 notifying authority. For purposes of this paragraph (1) 32 of subsection (d), "concerned citizen" includes relatives 33 of the victim, friends of the victim, witnesses to the 34 crime, or any other person associated with the victim or SB1362 Engrossed -7- LRB9111117WHmb 1 prisoner. 2 (2) When the defendant has been committed to the 3 Department of Human Services pursuant to Section 5-2-4 or 4 any other provision of the Unified Code of Corrections, 5 the victim may request to be notified by the releasing 6 authority of the defendant's discharge from State 7 custody. 8 (3) In the event of an escape from State custody, 9 the Department of Corrections immediately shall notify 10 the Prisoner Review Board of the escape and the Prisoner 11 Review Board shall notify the victim. The notification 12 shall be based upon the most recent information as to the 13 victim's residence or other location available to the 14 Board. When no such information is available, the Board 15 shall make all reasonable efforts to obtain the 16 information and make the notification. When the escapee 17 is apprehended, the Department of Corrections immediately 18 shall notify the Prisoner Review Board and the Board 19 shall notify the victim. 20 (4) The victim of the crime for which the prisoner 21 has been sentenced shall receive reasonable written 22 notice not less than 15 days prior to the parole hearing 23 and may submit, in writing, on film, videotape or other 24 electronic means or in the form of a recording or in 25 person at the parole hearing, information for 26 consideration by the Prisoner Review Board. The victim 27 shall be notified within 7 days after the prisoner has 28 been granted parole and shall be informed of the right to 29 inspect the registry of parole decisions, established 30 under subsection (g) of Section 3-3-5 of the Unified Code 31 of Corrections. The provisions of this paragraph (4) are 32 subject to the Open Parole Hearings Act. 33 (5) If a statement is presented under Section 6, 34 the Prisoner Review Board shall inform the victim of any SB1362 Engrossed -8- LRB9111117WHmb 1 order of discharge entered by the Board pursuant to 2 Section 3-3-8 of the Unified Code of Corrections. 3 (6) At the written request of the victim of the 4 crime for which the prisoner was sentenced, the Prisoner 5 Review Board shall notify the victim of the death of the 6 prisoner if the prisoner died while on parole or 7 mandatory supervised release. 8 (7) When a defendant who has been committed to the 9 Department of Corrections or the Department of Human 10 Services is released or discharged and subsequently 11 committed to the Department of Human Services as a 12 sexually violent person and the victim had requested to 13 be notified by the releasing authority of the defendant's 14 discharge from State custody, the releasing authority 15 shall provide to the Department of Human Services such 16 information that would allow the Department of Human 17 Services to contact the victim. 18 (e) The officials named in this Section may satisfy some 19 or all of their obligations to provide notices and other 20 information through participation in a statewide victim and 21 witness notification system established by the Attorney 22 General under Section 8.5 of this Act. 23 (Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98; 24 91-237, 1-1-00.) 25 (725 ILCS 120/6) (from Ch. 38, par. 1406) 26 Sec. 6. Rights to present victim impact statement. 27 (a) In any case where a defendant has been convicted of 28 a violent crime or a juvenile has been adjudicated a 29 delinquent for a violent crime except those in which both 30 parties have agreed to the imposition of a specific sentence, 31 and a victim of the violent crime is present in the courtroom 32 at the time of the sentencing or the disposition hearing, the 33 victim upon his or her request shall have the right to SB1362 Engrossed -9- LRB9111117WHmb 1 address the court regarding the impact which the defendant's 2 criminal conduct or the juvenile's delinquent conduct has had 3 upon the victim. If the victim chooses to exercise this 4 right, the impact statement must have been prepared in 5 writing in conjunction with the Office of the State's 6 Attorney prior to the initial hearing or sentencing, before 7 it can be presented orally or in writing at the sentencing 8 hearing. In conjunction with the Office of the State's 9 Attorney, a victim impact statement that is presented orally 10 may be done so by the victim or his or her representative. 11 The court shall consider any statements made by the victim, 12 along with all other appropriate factors in determining the 13 sentence of the defendant or disposition of such juvenile. 14 (b) The crime victim has the right to prepare a victim 15 impact statement and present it to the Office of the State's 16 Attorney at any time during the proceedings. 17 (c) This Section shall apply to any victims of a violent 18 crime during any dispositional hearing under Section 5-705 of 19 the Juvenile Court Act of 1987 which takes place pursuant to 20 an adjudication of delinquency for any such offense. 21 (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.) 22 ARTICLE 990 23 Section 990-1. Severability. The provisions of this Act 24 are severable under Section 1.31 of the Statute on Statutes. 25 ARTICLE 999 26 Section 999-1. Effective date. This Act takes effect 27 upon becoming law.