Public Act 93-0258

HB0567 Enrolled                      LRB093 05571 MBS 05663 b

    AN ACT concerning criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Rights of Crime Victims and Witnesses Act
is amended by changing Sections 8.5 and 9 as follows:

    (725 ILCS 120/8.5)
    Sec.  8.5.  Statewide  victim  and  witness  notification
system.
    (a)  The  Attorney  General  may establish a crime victim
and witness notification system to assist public officials in
carrying out their duties to notify and inform crime  victims
and  witnesses  under Section 4.5 of this Act as the Attorney
General  specifies  by  rule.   The  system  shall   download
necessary  information  from participating officials into its
computers,  where  it  shall  be  maintained,  updated,   and
automatically   transmitted   to  victims  and  witnesses  by
telephone, computer, or written notice.
    (b)  The  Illinois   Department   of   Corrections,   the
Department  of  Human Services, and the Prisoner Review Board
shall  cooperate   with   the   Attorney   General   in   the
implementation  of this Section and shall provide information
as necessary to the effective operation of the system.
    (c)  State's attorneys, circuit court clerks,  and  local
law  enforcement  and correctional authorities may enter into
agreements with the Attorney General for participation in the
system.  The Attorney General may provide those who elect  to
participate   with   the  equipment,  software,  or  training
necessary to bring their offices into the system.
    (d)  The provision of information to  crime  victims  and
witnesses  through the Attorney General's notification system
satisfies a given State  or  local  official's  corresponding
obligation under Section 4.5 to provide the information.
    (e)  The  Attorney  General  may  provide for telephonic,
electronic,  or  other  public   access   to   the   database
established under this Section.
    (f)  The  Attorney General shall adopt rules as necessary
to implement this Section.  The rules shall include, but  not
be  limited to, provisions for the scope and operation of any
system the Attorney General  may  establish  and  procedures,
requirements,  and  standards for entering into agreements to
participate in the system and to receive equipment, software,
or training.
    (g)  There is established in the Office of  the  Attorney
General  a  Crime  Victim  and  Witness Notification Advisory
Committee consisting of those  victims  advocates,  sheriffs,
State's  Attorneys, circuit court clerks, Illinois Department
of Corrections, and Prisoner Review Board employees that  the
Attorney  General  chooses  to appoint.  The Attorney General
shall designate one member to chair the Committee.
         (1)  The Committee shall consult with and advise the
    Attorney General as  to  the  exercise  of  the  Attorney
    General's  authority  under  this Section, including, but
    not limited to:
              (i)  the design, scope, and  operation  of  the
         notification system;
              (ii)  the  content  of  any  rules  adopted  to
         implement this Section;
              (iii)  the  procurement  of hardware, software,
         and support for  the  system,  including  choice  of
         supplier or operator; and
              (iv)  the acceptance of agreements with and the
         award   of   equipment,  software,  or  training  to
         officials that seek to participate in the system.
         (2)  The  Committee  shall  review  the  status  and
    operation of the  system  and  report  any  findings  and
    recommendations  for  changes to the Attorney General and
    the General Assembly by November 1 of each year.
         (3)  The members of the Committee shall  receive  no
    compensation   for  their  services  as  members  of  the
    Committee,  but  may  be  reimbursed  for  their   actual
    expenses incurred in serving on the Committee.
(Source: P.A. 91-237, eff. 1-1-00.)

    (725 ILCS 120/9) (from Ch. 38, par. 1408)
    Sec.   9.    This  Act  does  not  limit  any  rights  or
responsibilities otherwise enjoyed by or imposed upon victims
or witnesses of violent crime, nor does it grant any person a
cause of action for damages or attorneys fees.   Any  act  of
omission  or  commission  by  any  law  enforcement  officer,
circuit  court  clerk,   or State's Attorney, by the Attorney
General, Prisoner Review Board,  Department  of  Corrections,
Department  of  Human  Services,  or  other  State agency, or
private entity under contract pursuant to Section  8,  or  by
any  employee  of  any  State  agency or private entity under
contract pursuant to  Section  8  acting  in  good  faith  in
rendering  crime  victim's  assistance or otherwise enforcing
this Act shall not impose civil liability upon the individual
or entity or his or her supervisor or employer.   Nothing  in
this  Act shall create a basis for vacating a conviction or a
ground for appellate relief in any criminal case.  Failure of
the crime victim to  receive  notice  as  required,  however,
shall not deprive the court of the power to act regarding the
proceeding  before  it;  nor shall any such failure grant the
defendant the right to seek a continuance.
(Source: P.A. 90-744, eff. 1-1-99; 91-237, eff. 1-1-00.)

Effective Date: 01/01/04