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Public Act 096-0117


 

Public Act 0117 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0117
 
SB0042 Enrolled LRB096 00916 RLC 10923 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 Mental Health and Developmental
Disabilities Code is amended by changing Section 3-800 as
follows:
 
    (405 ILCS 5/3-800)  (from Ch. 91 1/2, par. 3-800)
    Sec. 3-800. (a) Unless otherwise indicated, court hearings
under this Chapter shall be held pursuant to this Article.
Hearings shall be held in such quarters as the court directs.
To the extent practical, hearings shall be held in the mental
health facility where the respondent is hospitalized. Any party
may request a change of venue or transfer to any other county
because of the convenience of parties or witnesses or the
condition of the respondent. The respondent may request to have
the proceedings transferred to the county of his residence.
    (b) If the court grants a continuance on its own motion or
upon the motion of one of the parties, the respondent may
continue to be detained pending further order of the court.
Such continuance shall not extend beyond 15 days except to the
extent that continuances are requested by the respondent.
    (c) Court hearings under this Chapter, including hearings
under Section 2-107.1, shall be open to the press and public
unless the respondent or some other party requests that they be
closed. The court may also indicate its intention to close a
hearing, including when it determines that the respondent may
be unable to make a reasoned decision to request that the
hearing be closed. A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by
a party or any other person. If an objection is made, the court
shall not close the hearing unless, following a hearing, it
determines that the patient's interest in having the hearing
closed is compelling. The court shall support its determination
with written findings of fact and conclusions of law. The court
shall not close the hearing if the respondent objects to its
closure. Whenever a court determines that a hearing shall be
closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the
parties involved in the hearing, court personnel, and any
person or agency providing mental health services that are the
subject of the hearing. Access may also be granted, however,
pursuant to the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act.
    (d) The provisions of subsection (a-5) of Section 6 of the
Rights of Crime Victims and Witnesses Act shall apply to the
initial commitment hearing, as provided under Section 5-2-4 of
the Unified Code of Corrections, for a respondent found not
guilty by reason of insanity of a violent crime in a criminal
proceeding and the hearing has been ordered by the court under
this Code to determine if the defendant is:
        (1) in need of mental health services on an inpatient
    basis;
        (2) in need of mental health services on an outpatient
    basis; or
        (3) not in need of mental health services.
    While the impact statement to the court allowed under this
subsection (d) may include the impact that the respondent's
criminal conduct has had upon the victim, victim's
representative, or victim's family or household member, the
court may only consider the impact statement along with all
other appropriate factors in determining the:
        (i) threat of serious physical harm posed by the
    respondent to himself or herself, or to another person;
        (ii) location of inpatient or outpatient mental health
    services ordered by the court, but only after complying
    with all other applicable administrative requirements,
    rules, and statutory requirements;
        (iii) maximum period of commitment for inpatient
    mental health services; and
        (iv) conditions of release for outpatient mental
    health services ordered by the court.
(Source: P.A. 90-538, eff. 12-1-97.)
 
    Section 10. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 6 as follows:
 
    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
    Sec. 6. Rights to present victim impact statement.
    (a) In any case where a defendant has been convicted of a
violent crime or a juvenile has been adjudicated a delinquent
for a violent crime and a victim of the violent crime or the
victim's spouse, guardian, parent, grandparent, or other
immediate family or household member is present in the
courtroom at the time of the sentencing or the disposition
hearing, the victim or his or her representative shall have the
right and the victim's spouse, guardian, parent, grandparent,
and other immediate family or household member upon his, her,
or their request may be permitted by the court to address the
court regarding the impact that the defendant's criminal
conduct or the juvenile's delinquent conduct has had upon them
and the victim. The court has discretion to determine the
number of oral presentations of victim impact statements. Any
impact statement must have been prepared in writing in
conjunction with the Office of the State's Attorney prior to
the initial hearing or sentencing, before it can be presented
orally or in writing at the sentencing hearing. In conjunction
with the Office of the State's Attorney, a victim impact
statement that is presented orally may be done so by the victim
or the victim's spouse, guardian, parent, grandparent, or other
immediate family or household member or his, her, or their
representative. At the sentencing hearing, the prosecution may
introduce that evidence either in its case in chief or in
rebuttal. The court shall consider any impact statement
admitted along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
    (a-5) In any case where a defendant has been found not
guilty by reason of insanity of a violent crime and a hearing
has been ordered by the court under the Mental Health and
Developmental Disabilities Code to determine if the defendant
is: (1) in need of mental health services on an inpatient
basis; (2) in need of mental health services on an outpatient
basis; or (3) not in need of mental health services and a
victim of the violent crime or the victim's spouse, guardian,
parent, grandparent, or other immediate family or household
member is present in the courtroom at the time of the initial
commitment hearing, the victim or his or her representative
shall have the right and the victim's spouse, guardian, parent,
grandparent, and other immediate family or household members
upon their request may be permitted by the court to address the
court regarding the impact that the defendant's criminal
conduct has had upon them and the victim. The court has
discretion to determine the number of oral presentations of
victim impact statements. Any impact statement must have been
prepared in writing in conjunction with the Office of the
State's Attorney prior to the initial commitment hearing,
before it may be presented orally or in writing at the
commitment hearing. In conjunction with the Office of the
State's Attorney, a victim impact statement that is presented
orally may be presented so by the victim or the victim's
spouse, guardian, parent, grandparent, or other immediate
family or household member or his or her representative. At the
initial commitment hearing, the State's Attorney may introduce
the statement either in its case in chief or in rebuttal. The
court may only consider the impact statement along with all
other appropriate factors in determining the: (1) threat of
serious physical harm poised by the respondent to himself or
herself, or to another person; (2) location of inpatient or
outpatient mental health services ordered by the court, but
only after complying with all other applicable administrative,
rule, and statutory requirements; (3) maximum period of
commitment for inpatient mental health services; and (4)
conditions of release for outpatient mental health services
ordered by the court.
    (b) The crime victim has the right to prepare a victim
impact statement and present it to the Office of the State's
Attorney at any time during the proceedings. Any written victim
impact statement submitted to the Office of the State's
Attorney shall be considered by the court during its
consideration of aggravation and mitigation in plea
proceedings under Supreme Court Rule 402.
    (c) This Section shall apply to any victims of a violent
crime during any dispositional hearing under Section 5-705 of
the Juvenile Court Act of 1987 which takes place pursuant to an
adjudication or trial or plea of delinquency for any such
offense.
(Source: P.A. 95-591, eff. 6-1-08.)

Effective Date: 1/1/2010