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Full Text of HB2582  97th General Assembly

HB2582ham001 97TH GENERAL ASSEMBLY

Rep. Jim Durkin

Filed: 3/10/2011

 

 


 

 


 
09700HB2582ham001LRB097 07362 RLC 52596 a

1
AMENDMENT TO HOUSE BILL 2582

2    AMENDMENT NO. ______. Amend House Bill 2582 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rights of Crime Victims and Witnesses Act
5is amended by changing Sections 4.5 and 5 as follows:
 
6    (725 ILCS 120/4.5)
7    Sec. 4.5. Procedures to implement the rights of crime
8victims. To afford crime victims their rights, law enforcement,
9prosecutors, judges and corrections will provide information,
10as appropriate of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation is

 

 

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1closed.
2    (b) The office of the State's Attorney:
3        (1) shall provide notice of the filing of information,
4    the return of an indictment by which a prosecution for any
5    violent crime is commenced, or the filing of a petition to
6    adjudicate a minor as a delinquent for a violent crime;
7        (2) shall provide notice of the date, time, and place
8    of trial;
9        (3) or victim advocate personnel shall provide
10    information of social services and financial assistance
11    available for victims of crime, including information of
12    how to apply for these services and assistance;
13        (4) shall assist in having any stolen or other personal
14    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 information whenever possible, of a
24    secure waiting area during court proceedings that does not
25    require victims to be in close proximity to defendant 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 proceedings
4    and, in compliance with the federal Americans with
5    Disabilities Act of 1990, the right to communications
6    access through a sign language interpreter or by other
7    means;
8        (8) in the case of the death of a person, which death
9    occurred in the same transaction or occurrence in which
10    acts occurred for which a defendant is charged with an
11    offense, shall notify the spouse, parent, child or sibling
12    of the decedent of the date of the trial of the person or
13    persons allegedly responsible for the death;
14        (9) shall inform the victim of the right to have
15    present at all court proceedings, subject to the rules of
16    evidence, an advocate or other support person of the
17    victim's choice, and the right to retain an attorney, at
18    the victim's own expense, who, upon written notice filed
19    with the clerk of the court and State's Attorney, is to
20    receive copies of all notices, motions and court orders
21    filed thereafter in the case, in the same manner as if the
22    victim were a named party in the case;
23        (10) at the sentencing hearing shall make a good faith
24    attempt to explain the minimum amount of time during which
25    the defendant may actually be physically imprisoned. The
26    Office of the State's Attorney shall further notify the

 

 

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1    crime victim of the right to request from the Prisoner
2    Review Board information concerning the release of the
3    defendant under subparagraph (d)(1) of this Section;
4        (11) shall request restitution at sentencing and shall
5    consider restitution in any plea negotiation, as provided
6    by law; and
7        (12) shall, upon the court entering a verdict of not
8    guilty by reason of insanity, inform the victim of the
9    notification services available from the Department of
10    Human Services, including the statewide telephone number,
11    under subparagraph (d)(2) of this Section.
12    (c) At the written request of the crime victim, the office
13of the State's Attorney shall:
14        (1) provide notice a reasonable time in advance of the
15    following court proceedings: preliminary hearing, any
16    hearing the effect of which may be the release of defendant
17    from custody, or to alter the conditions of bond and the
18    sentencing hearing. The crime victim shall also be notified
19    of the cancellation of the court proceeding in sufficient
20    time, wherever possible, to prevent an unnecessary
21    appearance in court;
22        (2) provide notice within a reasonable time after
23    receipt of notice from the custodian, of the release of the
24    defendant on bail or personal recognizance or the release
25    from detention of a minor who has been detained for a
26    violent crime;

 

 

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1        (3) explain in nontechnical language the details of any
2    plea or verdict of a defendant, or any adjudication of a
3    juvenile as a delinquent for a violent crime;
4        (4) where practical, consult with the crime victim
5    before the Office of the State's Attorney makes an offer of
6    a plea bargain to the defendant or enters into negotiations
7    with the defendant concerning a possible plea agreement,
8    and shall consider the written victim impact statement, if
9    prepared prior to entering into a plea agreement;
10        (5) provide notice of the ultimate disposition of the
11    cases arising from an indictment or an information, or a
12    petition to have a juvenile adjudicated as a delinquent for
13    a violent crime;
14        (6) provide notice of any appeal taken by the defendant
15    and information on how to contact the appropriate agency
16    handling the appeal;
17        (7) provide notice of any request for post-conviction
18    review filed by the defendant under Article 122 of the Code
19    of Criminal Procedure of 1963, and of the date, time and
20    place of any hearing concerning the petition. Whenever
21    possible, notice of the hearing shall be given in advance;
22        (8) forward a copy of any statement presented under
23    Section 6 to the Prisoner Review Board to be considered by
24    the Board in making its determination under subsection (b)
25    of Section 3-3-8 of the Unified Code of Corrections.
26    (d) (1) The Prisoner Review Board shall inform a victim or

 

 

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1any other concerned citizen, upon written request, of the
2prisoner's release on parole, mandatory supervised release,
3electronic detention, work release, international transfer or
4exchange, or by the custodian of the discharge of any
5individual who was adjudicated a delinquent for a violent crime
6from State custody and by the sheriff of the appropriate county
7of any such person's final discharge from county custody. The
8Prisoner Review Board, upon written request, shall provide to a
9victim or any other concerned citizen a recent photograph of
10any person convicted of a felony, upon his or her release from
11custody. The Prisoner Review Board, upon written request, shall
12inform a victim or any other concerned citizen when feasible at
13least 7 days prior to the prisoner's release on furlough of the
14times and dates of such furlough. Upon written request by the
15victim or any other concerned citizen, the State's Attorney
16shall notify the person once of the times and dates of release
17of a prisoner sentenced to periodic imprisonment. Notification
18shall be based on the most recent information as to victim's or
19other concerned citizen's residence or other location
20available to the notifying authority.
21    (2) When the defendant has been committed to the Department
22of Human Services pursuant to Section 5-2-4 or any other
23provision of the Unified Code of Corrections, the victim may
24request to be notified by the releasing authority of the
25approval by the court of an unsupervised on-grounds pass,
26approval by the court of a supervised or unsupervised

 

 

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1off-grounds pass, approval by the court of a transfer to a
2nonsecure facility, approval by the court of a conditional
3release, escape, death defendant's furloughs, temporary
4release, or final discharge from State custody. The Department
5of Human Services shall establish and maintain a statewide
6telephone number to be used by victims to make notification
7requests under these provisions and shall publicize this
8telephone number on its website and to the State's Attorney of
9each county.
10    (3) In the event of an escape from State custody, the
11Department of Corrections or the Department of Juvenile Justice
12immediately shall notify the Prisoner Review Board of the
13escape and the Prisoner Review Board shall notify the victim.
14The notification shall be based upon the most recent
15information as to the victim's residence or other location
16available to the Board. When no such information is available,
17the Board shall make all reasonable efforts to obtain the
18information and make the notification. When the escapee is
19apprehended, the Department of Corrections or the Department of
20Juvenile Justice immediately shall notify the Prisoner Review
21Board and the Board shall notify the victim.
22    (4) The victim of the crime for which the prisoner has been
23sentenced shall receive reasonable written notice not less than
2430 days prior to the parole interview and may submit, in
25writing, on film, videotape or other electronic means or in the
26form of a recording or in person at the parole interview or if

 

 

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1a victim of a violent crime, by calling the toll-free number
2established in subsection (f) of this Section, information for
3consideration by the Prisoner Review Board. The victim shall be
4notified within 7 days after the prisoner has been granted
5parole and shall be informed of the right to inspect the
6registry of parole decisions, established under subsection (g)
7of Section 3-3-5 of the Unified Code of Corrections. The
8provisions of this paragraph (4) are subject to the Open Parole
9Hearings Act.
10    (5) If a statement is presented under Section 6, the
11Prisoner Review Board shall inform the victim of any order of
12discharge entered by the Board pursuant to Section 3-3-8 of the
13Unified Code of Corrections.
14    (6) At the written request of the victim of the crime for
15which the prisoner was sentenced or the State's Attorney of the
16county where the person seeking parole was prosecuted, the
17Prisoner Review Board shall notify the victim and the State's
18Attorney of the county where the person seeking parole was
19prosecuted of the death of the prisoner if the prisoner died
20while on parole or mandatory supervised release.
21    (7) When a defendant who has been committed to the
22Department of Corrections, the Department of Juvenile Justice,
23or the Department of Human Services is released or discharged
24and subsequently committed to the Department of Human Services
25as a sexually violent person and the victim had requested to be
26notified by the releasing authority of the defendant's

 

 

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1discharge, conditional release, death, or escape from State
2custody, the releasing authority shall provide to the
3Department of Human Services such information that would allow
4the Department of Human Services to contact the victim.
5    (8) When a defendant has been convicted of a sex offense as
6defined in Section 2 of the Sex Offender Registration Act and
7has been sentenced to the Department of Corrections or the
8Department of Juvenile Justice, the Prisoner Review Board shall
9notify the victim of the sex offense of the prisoner's
10eligibility for release on parole, mandatory supervised
11release, electronic detention, work release, international
12transfer or exchange, or by the custodian of the discharge of
13any individual who was adjudicated a delinquent for a sex
14offense from State custody and by the sheriff of the
15appropriate county of any such person's final discharge from
16county custody. The notification shall be made to the victim at
17least 30 days, whenever possible, before release of the sex
18offender.
19    (e) The officials named in this Section may satisfy some or
20all of their obligations to provide notices and other
21information through participation in a statewide victim and
22witness notification system established by the Attorney
23General under Section 8.5 of this Act.
24    (f) To permit a victim of a violent crime to provide
25information to the Prisoner Review Board for consideration by
26the Board at a parole hearing of a person who committed the

 

 

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1crime against the victim in accordance with clause (d)(4) of
2this Section or at a proceeding to determine the conditions of
3mandatory supervised release of a person sentenced to a
4determinate sentence or at a hearing on revocation of mandatory
5supervised release of a person sentenced to a determinate
6sentence, the Board shall establish a toll-free number that may
7be accessed by the victim of a violent crime to present that
8information to the Board.
9(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
1095-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
1196-875, eff. 1-22-10.)
 
12    (725 ILCS 120/5)  (from Ch. 38, par. 1405)
13    Sec. 5. Rights of Witnesses.
14    (a) Witnesses as defined in subsection (b) of Section 3 of
15this Act shall have the following rights:
16        (1) to be notified by the Office of the State's
17    Attorney of all court proceedings at which the witness'
18    presence is required in a reasonable amount of time prior
19    to the proceeding, and to be notified of the cancellation
20    of any scheduled court proceeding in sufficient time to
21    prevent an unnecessary appearance in court, where
22    possible;
23        (2) to be provided with appropriate employer
24    intercession services by the Office of the State's Attorney
25    or the victim advocate personnel to ensure that employers

 

 

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1    of witnesses will cooperate with the criminal justice
2    system in order to minimize an employee's loss of pay and
3    other benefits resulting from court appearances;
4        (3) to be provided, whenever possible, a secure waiting
5    area during court proceedings that does not require
6    witnesses to be in close proximity to defendants and their
7    families and friends;
8        (4) to be provided with notice by the Office of the
9    State's Attorney, where necessary, of the right to have a
10    translator present whenever the witness' presence is
11    required and, in compliance with the federal Americans with
12    Disabilities Act of 1990, to be provided with notice of the
13    right to communications access through a sign language
14    interpreter or by other means.
15    (b) At the written request of the witness, the witness
16shall:
17        (1) receive notice from the office of the State's
18    Attorney of any request for post-conviction review filed by
19    the defendant under Article 122 of the Code of Criminal
20    Procedure of 1963, and of the date, time, and place of any
21    hearing concerning the petition for post-conviction
22    review; whenever possible, notice of the hearing on the
23    petition shall be given in advance;
24        (2) receive notice by the releasing authority of the
25    approval by the court of an unsupervised on-grounds pass,
26    approval by the court of a supervised or unsupervised

 

 

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1    off-grounds pass, approval by the court of a transfer to a
2    nonsecure facility, approval by the court of a conditional
3    release, escape, death, or final discharge from State
4    custody. The Department of Human Services shall establish
5    and maintain a statewide telephone number to be used by
6    victims to make notification requests under these
7    provisions and shall publicize this telephone number on its
8    website and to the State's Attorney of each county
9    defendant's discharge from State custody if the defendant
10    was committed to the Department of Human Services under
11    Section 5-2-4 or any other provision of the Unified Code of
12    Corrections;
13        (3) receive notice from the Prisoner Review Board of
14    the prisoner's escape from State custody, after the Board
15    has been notified of the escape by the Department of
16    Corrections or the Department of Juvenile Justice; when the
17    escapee is apprehended, the Department of Corrections or
18    the Department of Juvenile Justice shall immediately
19    notify the Prisoner Review Board and the Board shall notify
20    the witness;
21        (4) receive notice from the Prisoner Review Board of
22    the prisoner's release on parole, electronic detention,
23    work release or mandatory supervised release and of the
24    prisoner's final discharge from parole, electronic
25    detention, work release, or mandatory supervised release.
26(Source: P.A. 94-696, eff. 6-1-06; 95-897, eff. 1-1-09.)".