Public Act 90-0744 of the 90th General Assembly

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Public Act 90-0744

HB0025 Enrolled                                LRB9000464PTcw

    AN ACT to amend the Rights of Crime Victims and Witnesses
Act by adding Section 8 and changing Section 9.

    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  adding  Section  8 and changing Section 9 as
follows:

    (725 ILCS 120/8 new)
    Sec. 8.  Privately  operated  crime  victim  and  witness
notification  service.  A county sheriff with the approval of
the  county  board  in  counties  with  3,000,000  or   fewer
inhabitants,  or  a county department of corrections with the
approval of the county board of commissioners and  under  the
direction of the sheriff in counties with more than 3,000,000
inhabitants,  and the office of the State's Attorney with the
approval of the respective county board or  county  board  of
commissioners may contract with a private entity to operate a
crime  victim  and  witness notification service.  The county
sheriff,  the  county  department  of  corrections,  and  the
State's Attorney shall make available to the  private  entity
the  information to implement the notification procedure in a
timely manner.  The private entity shall immediately  deliver
the  notification  information to the requesting crime victim
or witness according to the  requirements  of  this  Act  for
certain  offenses  determined  by  the  county board upon the
release or discharge of a defendant  or  prisoner  in  county
custody.  The release of information to the private entity to
implement  the  contract  shall  be  limited  to  the  extent
necessary to comply with the provisions of this Act.

    (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  or
State's Attorney, by the 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. 88-489; 89-507, eff. 7-1-97.)

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