Illinois General Assembly

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Full Text of HB1237  97th General Assembly


Rep. Rita Mayfield

Filed: 4/11/2011





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2    AMENDMENT NO. ______. Amend House Bill 1237 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Police Training Act is amended by
5changing Section 7 as follows:
6    (50 ILCS 705/7)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include but not be limited to the following:
10    a. The curriculum for probationary police officers which
11shall be offered by all certified schools shall include but not
12be limited to courses of arrest, search and seizure, civil
13rights, human relations, cultural diversity, including racial
14and ethnic sensitivity, criminal law, law of criminal
15procedure, vehicle and traffic law including uniform and
16non-discriminatory enforcement of the Illinois Vehicle Code,



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1traffic control and accident investigation, techniques of
2obtaining physical evidence, court testimonies, statements,
3reports, firearms training, first-aid (including
4cardiopulmonary resuscitation), handling of juvenile
5offenders, recognition of mental conditions which require
6immediate assistance and methods to safeguard and provide
7assistance to a person in need of mental treatment, law of
8evidence, the hazards of high-speed police vehicle chases with
9an emphasis on alternatives to the high-speed chase, and
10physical training. The curriculum shall include specific
11training in techniques for immediate response to and
12investigation of cases of domestic violence and of sexual
13assault of adults and children. The curriculum shall include
14training in techniques designed to promote effective
15communication at the initial contact with crime victims and
16ways to comprehensively explain to victims and witnesses their
17rights under the Rights of Crime Victims and Witnesses Act and
18the Crime Victims Compensation Act. The curriculum shall also
19include a block of instruction aimed at identifying and
20interacting with persons with autism and other developmental
21disabilities, reducing barriers to reporting crimes against
22persons with autism, and addressing the unique challenges
23presented by cases involving victims or witnesses with autism
24and other developmental disabilities. The curriculum for
25permanent police officers shall include but not be limited to
26(1) refresher and in-service training in any of the courses



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1listed above in this subparagraph, (2) advanced courses in any
2of the subjects listed above in this subparagraph, (3) training
3for supervisory personnel, and (4) specialized training in
4subjects and fields to be selected by the board.
5    b. Minimum courses of study, attendance requirements and
6equipment requirements.
7    c. Minimum requirements for instructors.
8    d. Minimum basic training requirements, which a
9probationary police officer must satisfactorily complete
10before being eligible for permanent employment as a local law
11enforcement officer for a participating local governmental
12agency. Those requirements shall include training in first aid
13(including cardiopulmonary resuscitation).
14    e. Minimum basic training requirements, which a
15probationary county corrections officer must satisfactorily
16complete before being eligible for permanent employment as a
17county corrections officer for a participating local
18governmental agency.
19    f. Minimum basic training requirements which a
20probationary court security officer must satisfactorily
21complete before being eligible for permanent employment as a
22court security officer for a participating local governmental
23agency. The Board shall establish those training requirements
24which it considers appropriate for court security officers and
25shall certify schools to conduct that training.
26    A person hired to serve as a court security officer must



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1obtain from the Board a certificate (i) attesting to his or her
2successful completion of the training course; (ii) attesting to
3his or her satisfactory completion of a training program of
4similar content and number of hours that has been found
5acceptable by the Board under the provisions of this Act; or
6(iii) attesting to the Board's determination that the training
7course is unnecessary because of the person's extensive prior
8law enforcement experience.
9    Individuals who currently serve as court security officers
10shall be deemed qualified to continue to serve in that capacity
11so long as they are certified as provided by this Act within 24
12months of the effective date of this amendatory Act of 1996.
13Failure to be so certified, absent a waiver from the Board,
14shall cause the officer to forfeit his or her position.
15    All individuals hired as court security officers on or
16after the effective date of this amendatory Act of 1996 shall
17be certified within 12 months of the date of their hire, unless
18a waiver has been obtained by the Board, or they shall forfeit
19their positions.
20    The Sheriff's Merit Commission, if one exists, or the
21Sheriff's Office if there is no Sheriff's Merit Commission,
22shall maintain a list of all individuals who have filed
23applications to become court security officers and who meet the
24eligibility requirements established under this Act. Either
25the Sheriff's Merit Commission, or the Sheriff's Office if no
26Sheriff's Merit Commission exists, shall establish a schedule



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1of reasonable intervals for verification of the applicants'
2qualifications under this Act and as established by the Board.
3(Source: P.A. 95-171, eff. 1-1-08.)
4    Section 10. The Rights of Crime Victims and Witnesses Act
5is amended by changing Sections 4, 4.5, and 9 as follows:
6    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
7    Sec. 4. Rights of crime victims.
8    (a) Crime victims shall have the following rights:
9        (1) The right to be treated with fairness and respect
10    for their dignity and privacy throughout the criminal
11    justice process.
12        (2) The right to notification of court proceedings.
13        (3) The right to communicate with the prosecution.
14        (4) The right to make a statement to the court at
15    sentencing.
16        (5) The right to information about the conviction,
17    sentence, imprisonment and release of the accused.
18        (6) The right to the timely disposition of the case
19    following the arrest of the accused.
20        (7) The right to be reasonably protected from the
21    accused through the criminal justice process.
22        (8) The right to be present at the trial and all other
23    court proceedings on the same basis as the accused, unless
24    the victim is to testify and the court determines that the



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1    victim's testimony would be materially affected if the
2    victim hears other testimony at the trial.
3        (9) the right to have present at all court proceedings,
4    including proceedings under the Juvenile Court Act of 1987,
5    subject to the admonition of the rules of confidentiality
6    and subject to the rules of evidence, a victim-witness
7    specialist, an advocate or other support person of the
8    victim's choice and an attorney at the victim's expense.
9        (10) The right to restitution.
10    (b) Any law enforcement agency that investigates an offense
11committed in this State shall provide a crime victim with a
12written statement and explanation of the rights of crime
13victims within 24 hours of law enforcement's initial contact
14with a victim. The statement shall include information about
15crime victim compensation, including how to contact the Office
16of the Illinois Attorney General to file a claim. The content
17of the statement shall be provided to law enforcement by the
18Attorney General. Law enforcement shall also provide a crime
19victim with a sign-off sheet that the victim shall sign and
20date as an acknowledgement that he or she has been furnished
21with information and an explanation of the rights of crime
22victims and compensation set forth in this Act.
23    (c) The Clerk of the Circuit Court shall post the rights of
24crime victims set forth in Article I, Section 8.1(a) of the
25Illinois Constitution and subsection (a) of this Section within
263 feet of the door to any courtroom where criminal proceedings



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1are conducted. The clerk may also post the rights in other
2locations in the courthouse.
3    (d) The victim, the State's Attorney, an attorney hired at
4the victim's expense, or an attorney representing the victim
5may assert the victim's rights in the circuit court in which a
6defendant is being prosecuted for the crime or, if no
7prosecution is underway, in the circuit court in the circuit in
8which the crime occurred. The court shall take up and decide
9any written or oral motion asserting a victim's right
10forthwith. A motion to re-open a plea or sentence shall be
11granted if:
12        (1) the victim asserted the right to be heard before or
13    during the proceeding at issue and such right was denied;
14        (2) in the case of a plea, the accused has not pleaded
15    to the highest offense charged A statement and explanation
16    of the rights of crime victims set forth in paragraph (a)
17    of this Section shall be given to a crime victim at the
18    initial contact with the criminal justice system by the
19    appropriate authorities and shall be conspicuously posted
20    in all court facilities.
21(Source: P.A. 95-591, eff. 6-1-08.)
22    (725 ILCS 120/4.5)
23    Sec. 4.5. Procedures to implement the rights of crime
24victims. To afford crime victims their rights, law enforcement,
25prosecutors, judges and corrections will provide information,



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1as appropriate of the following procedures:
2    (a) Law enforcement authorities shall notify the victim of
3the apprehension of an offender and closure of the
4investigation within 24 hours of the event. While the case is
5under investigation, the victim may submit a written request
6for information relating to the status of the investigation
7every 30 days. Law enforcement shall respond to a victim's
8request within 10 days, unless the State's Attorney determines
9in writing that disclosure of such information would
10unreasonably interfere with the investigation. A copy of the
11State's Attorney's written determination shall be provided to
12the victim At the request of the crime victim, law enforcement
13authorities investigating the case shall provide notice of the
14status of the investigation, except where the State's Attorney
15determines that disclosure of such information would
16unreasonably interfere with the investigation, until such time
17as the alleged assailant is apprehended or the investigation is
19    (b) The office of the State's Attorney:
20        (1) shall provide notice of the filing of information,
21    the return of an indictment by which a prosecution for any
22    violent crime is commenced, or the filing of a petition to
23    adjudicate a minor as a delinquent for a violent crime;
24        (2) shall provide notice of the date, time, and place
25    of trial;
26        (3) or victim advocate personnel shall provide



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1    information of social services and financial assistance
2    available for victims of crime, including information of
3    how to apply for these services and assistance;
4        (4) shall assist in having any stolen or other personal
5    property held by law enforcement authorities for
6    evidentiary or other purposes returned as expeditiously as
7    possible, pursuant to the procedures set out in Section
8    115-9 of the Code of Criminal Procedure of 1963;
9        (5) or victim advocate personnel shall provide
10    appropriate employer intercession services to ensure that
11    employers of victims will cooperate with the criminal
12    justice system in order to minimize an employee's loss of
13    pay and other benefits resulting from court appearances;
14        (6) shall provide information whenever possible, of a
15    secure waiting area during court proceedings that does not
16    require victims to be in close proximity to defendant or
17    juveniles accused of a violent crime, and their families
18    and friends;
19        (7) shall provide notice to the crime victim of the
20    right to have a translator present at all court proceedings
21    and, in compliance with the federal Americans with
22    Disabilities Act of 1990, the right to communications
23    access through a sign language interpreter or by other
24    means;
25        (8) in the case of the death of a person, which death
26    occurred in the same transaction or occurrence in which



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1    acts occurred for which a defendant is charged with an
2    offense, shall notify the spouse, parent, child or sibling
3    of the decedent of the date of the trial of the person or
4    persons allegedly responsible for the death;
5        (9) shall inform the victim of the right to have
6    present at all court proceedings, subject to the rules of
7    evidence, an advocate or other support person of the
8    victim's choice, and the right to retain an attorney, at
9    the victim's own expense, who, upon written notice filed
10    with the clerk of the court and State's Attorney, is to
11    receive copies of all notices, motions and court orders
12    filed thereafter in the case, in the same manner as if the
13    victim were a named party in the case;
14        (10) at the sentencing hearing shall make a good faith
15    attempt to explain the minimum amount of time during which
16    the defendant may actually be physically imprisoned. The
17    Office of the State's Attorney shall further notify the
18    crime victim of the right to request from the Prisoner
19    Review Board information concerning the release of the
20    defendant under subparagraph (d)(1) of this Section;
21        (11) shall request restitution at sentencing and shall
22    consider restitution in any plea negotiation, as provided
23    by law; and
24        (12) shall, upon the court entering a verdict of not
25    guilty by reason of insanity, inform the victim of the
26    notification services available from the Department of



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1    Human Services, including the statewide telephone number,
2    under subparagraph (d)(2) of this Section.
3    (c) The At the written request of the crime victim, the
4office of the State's Attorney shall:
5        (1) provide notice a reasonable time in advance of the
6    following court proceedings: preliminary hearing, any
7    hearing the effect of which may be the release of defendant
8    from custody, or to alter the conditions of bond and the
9    sentencing hearing. The crime victim shall also be notified
10    of the cancellation of the court proceeding in sufficient
11    time, wherever possible, to prevent an unnecessary
12    appearance in court;
13        (2) provide notice within a reasonable time after
14    receipt of notice from the custodian, of the release of the
15    defendant on bail or personal recognizance or the release
16    from detention of a minor who has been detained for a
17    violent crime;
18        (3) explain in nontechnical language the details of any
19    plea or verdict of a defendant, or any adjudication of a
20    juvenile as a delinquent for a violent crime;
21        (4) where practical, consult with the crime victim
22    before the Office of the State's Attorney makes an offer of
23    a plea bargain to the defendant or enters into negotiations
24    with the defendant concerning a possible plea agreement,
25    and shall consider the written victim impact statement, if
26    prepared prior to entering into a plea agreement;



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1        (5) provide notice of the ultimate disposition of the
2    cases arising from an indictment or an information, or a
3    petition to have a juvenile adjudicated as a delinquent for
4    a violent crime;
5        (6) provide notice of any appeal taken by the defendant
6    and information on how to contact the appropriate agency
7    handling the appeal;
8        (7) provide notice of any request for post-conviction
9    review filed by the defendant under Article 122 of the Code
10    of Criminal Procedure of 1963, and of the date, time and
11    place of any hearing concerning the petition. Whenever
12    possible, notice of the hearing shall be given in advance;
13        (8) forward a copy of any statement presented under
14    Section 6 to the Prisoner Review Board to be considered by
15    the Board in making its determination under subsection (b)
16    of Section 3-3-8 of the Unified Code of Corrections.
17    (d) (1) The Prisoner Review Board shall inform a victim or
18any other concerned citizen, upon written request, of the
19prisoner's release on parole, mandatory supervised release,
20electronic detention, work release, international transfer or
21exchange, or by the custodian of the discharge of any
22individual who was adjudicated a delinquent for a violent crime
23from State custody and by the sheriff of the appropriate county
24of any such person's final discharge from county custody. The
25Prisoner Review Board, upon written request, shall provide to a
26victim or any other concerned citizen a recent photograph of



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1any person convicted of a felony, upon his or her release from
2custody. The Prisoner Review Board, upon written request, shall
3inform a victim or any other concerned citizen when feasible at
4least 7 days prior to the prisoner's release on furlough of the
5times and dates of such furlough. The Upon written request by
6the victim or any other concerned citizen, the State's Attorney
7shall notify the person once of the times and dates of release
8of a prisoner sentenced to periodic imprisonment. Notification
9shall be based on the most recent information as to victim's or
10other concerned citizen's residence or other location
11available to the notifying authority.
12    (2) When the defendant has been committed to the Department
13of Human Services pursuant to Section 5-2-4 or any other
14provision of the Unified Code of Corrections, the victim shall
15may request to be notified by the releasing authority of the
16approval by the court of an unsupervised on-grounds pass, a
17supervised off-grounds pass or unsupervised off-grounds pass,
18the release on a pass, the return from a pass, a conditional
19release, the release on a pass, an escape, death defendant's
20furloughs, temporary release, or final discharge from State
21custody. The Department of Human Services shall establish and
22maintain a statewide telephone number to be used by victims to
23make notification requests under these provisions and shall
24publicize this telephone number on its website and to the
25State's Attorney of each county.
26    (3) In the event of an escape from State custody, the



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1Department of Corrections or the Department of Juvenile Justice
2immediately shall notify the Prisoner Review Board of the
3escape and the Prisoner Review Board shall notify the victim.
4The notification shall be based upon the most recent
5information as to the victim's residence or other location
6available to the Board. When no such information is available,
7the Board shall make all reasonable efforts to obtain the
8information and make the notification. When the escapee is
9apprehended, the Department of Corrections or the Department of
10Juvenile Justice immediately shall notify the Prisoner Review
11Board and the Board shall notify the victim.
12    (4) The victim of the crime for which the prisoner has been
13sentenced shall receive reasonable written notice not less than
1430 days prior to the parole interview and may submit, in
15writing, on film, videotape or other electronic means or in the
16form of a recording or in person at the parole interview or if
17a victim of a violent crime, by calling the toll-free number
18established in subsection (f) of this Section, information for
19consideration by the Prisoner Review Board. The victim shall be
20notified within 7 days after the prisoner has been granted
21parole and shall be informed of the right to inspect the
22registry of parole decisions, established under subsection (g)
23of Section 3-3-5 of the Unified Code of Corrections. The
24provisions of this paragraph (4) are subject to the Open Parole
25Hearings Act.
26    (5) If a statement is presented under Section 6, the



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1Prisoner Review Board shall inform the victim of any order of
2discharge entered by the Board pursuant to Section 3-3-8 of the
3Unified Code of Corrections.
4    (6) At the written request of the victim of the crime for
5which the prisoner was sentenced or the State's Attorney of the
6county where the person seeking parole was prosecuted, the
7Prisoner Review Board shall notify the victim and the State's
8Attorney of the county where the person seeking parole was
9prosecuted of the death of the prisoner if the prisoner died
10while on parole or mandatory supervised release.
11    (7) When a defendant who has been committed to the
12Department of Corrections, the Department of Juvenile Justice,
13or the Department of Human Services is released or discharged
14and subsequently committed to the Department of Human Services
15as a sexually violent person and the victim had requested to be
16notified by the releasing authority of the defendant's
17discharge, conditional release, death, or escape from State
18custody, the releasing authority shall provide to the
19Department of Human Services such information that would allow
20the Department of Human Services to contact the victim.
21    (8) When a defendant has been convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act and
23has been sentenced to the Department of Corrections or the
24Department of Juvenile Justice, the Prisoner Review Board shall
25notify the victim of the sex offense of the prisoner's
26eligibility for release on parole, mandatory supervised



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1release, electronic detention, work release, international
2transfer or exchange, or by the custodian of the discharge of
3any individual who was adjudicated a delinquent for a sex
4offense from State custody and by the sheriff of the
5appropriate county of any such person's final discharge from
6county custody. The notification shall be made to the victim at
7least 30 days, whenever possible, before release of the sex
9    (e) The officials named in this Section may satisfy some or
10all of their obligations to provide notices and other
11information through participation in a statewide victim and
12witness notification system established by the Attorney
13General under Section 8.5 of this Act.
14    (f) To permit a victim of a violent crime to provide
15information to the Prisoner Review Board for consideration by
16the Board at a parole hearing of a person who committed the
17crime against the victim in accordance with clause (d)(4) of
18this Section or at a proceeding to determine the conditions of
19mandatory supervised release of a person sentenced to a
20determinate sentence or at a hearing on revocation of mandatory
21supervised release of a person sentenced to a determinate
22sentence, the Board shall establish a toll-free number that may
23be accessed by the victim of a violent crime to present that
24information to the Board.
25(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
2695-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;



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196-875, eff. 1-22-10.)
2    (725 ILCS 120/9)  (from Ch. 38, par. 1408)
3    Sec. 9. This Act does not limit any rights or
4responsibilities otherwise enjoyed by or imposed upon victims
5or witnesses of violent crime, nor does it grant any person a
6cause of action for damages or attorneys fees. Any act of
7omission or commission by any law enforcement officer, circuit
8court clerk, or State's Attorney, by the Attorney General, any
9law enforcement officer, circuit court clerk, Prisoner Review
10Board, Department of Corrections, the Department of Juvenile
11Justice, Department of Human Services, or other State agency,
12or private entity under contract pursuant to Section 8, or by
13any employee of any State agency or private entity under
14contract pursuant to Section 8 acting in good faith in
15rendering crime victim's assistance or otherwise enforcing
16this Act shall not impose civil liability upon the individual
17or entity or his or her supervisor or employer. Nothing in this
18Act shall create a basis for vacating a conviction or a ground
19for appellate relief in any criminal case. Failure of the crime
20victim to receive notice as required, however, shall not
21deprive the court of the power to act regarding the proceeding
22before it; nor shall any such failure grant the defendant the
23right to seek a continuance.
24(Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06.)".