State of Illinois
91st General Assembly
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Public Act 91-0237

SB753 Enrolled                                 SRS91S0013JJch

    AN ACT concerning crime victims and witnesses.

    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  4.5  and 9 and by adding
Section 8.5 as follows:

    (725 ILCS 120/4.5)
    Sec. 4.5.  Procedures to implement the  rights  of  crime
victims.    To   afford   crime  victims  their  rights,  law
enforcement, prosecutors, judges and corrections will provide
information, as appropriate of the following procedures:
    (a)  At the request of the crime victim, law  enforcement
authorities  investigating  the  case shall provide notice of
the status of the investigation,  except  where  the  State's
Attorney determines that disclosure of such information would
unreasonably  interfere  with  the  investigation, until such
time  as  the  alleged  assailant  is  apprehended   or   the
investigation is closed.
    (b)  The office of the State's Attorney:
         (1)  shall   provide   notice   of   the  filing  of
    information, the return  of  an  indictment  by  which  a
    prosecution  for  any  violent crime is commenced, or the
    filing  of  a  petition  to  adjudicate  a  minor  as   a
    delinquent for a violent crime;
         (2)  shall  provide  notice  of  the date, time, and
    place of trial;
         (3)  or  victim  advocate  personnel  shall  provide
    information of social services and  financial  assistance
    available  for victims of crime, including information of
    how to apply for these services and assistance;
         (4)  shall assist in  having  any  stolen  or  other
    personal property held by law enforcement authorities for
    evidentiary  or  other purposes returned as expeditiously
    as possible,  pursuant  to  the  procedures  set  out  in
    Section 115-9 of the Code of Criminal Procedure of 1963;
         (5)  or  victim  advocate  personnel  shall  provide
    appropriate employer intercession services to ensure that
    employers  of  victims  will  cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
         (6)  shall provide information whenever possible, of
    a secure waiting area during court proceedings that  does
    not require victims to be in close proximity to defendant
    or  juveniles  accused  of  a  violent  crime,  and their
    families and friends;
         (7)  shall provide notice to the crime victim of the
    right  to  have  a  translator  present  at   all   court
    proceedings;
         (8)  in  the  case  of  the death of a person, which
    death occurred in the same transaction or  occurrence  in
    which acts occurred for which a defendant is charged with
    an  offense,  shall  notify  the spouse, parent, child or
    sibling of the decedent of the date of the trial  of  the
    person or persons allegedly responsible for the death;
         (9)  shall  inform  the  victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence, an advocate or  other  support  person  of  the
    victim's  choice, and the right to retain an attorney, at
    the victim's own expense, who, upon written notice  filed
    with  the  clerk of the court and State's Attorney, is to
    receive copies of all notices, motions and  court  orders
    filed  thereafter  in  the case, in the same manner as if
    the victim were a named party in the case; and
         (10)  at the sentencing hearing shall  make  a  good
    faith  attempt  to  explain  the  minimum  amount of time
    during which the defendant  may  actually  be  physically
    imprisoned.   The  Office  of  the State's Attorney shall
    further notify the crime victim of the right  to  request
    from the Prisoner Review Board information concerning the
    release  of  the  defendant  under subparagraph (d)(1) of
    this Section; and
         (11)  shall request restitution  at  sentencing  and
    shall  consider  restitution  in any plea negotiation, as
    provided by law.
    (c)  At the written request  of  the  crime  victim,  the
office of the State's Attorney shall:
         (1)  provide  notice a reasonable time in advance of
    the following court proceedings: preliminary hearing, any
    hearing the  effect  of  which  may  be  the  release  of
    defendant  from  custody,  or  to alter the conditions of
    bond and the sentencing hearing.  The crime victim  shall
    also  be  notified  of  the  cancellation  of  the  court
    proceeding  in  sufficient  time,  wherever  possible, to
    prevent an unnecessary appearance in court;
         (2)  provide notice within a reasonable  time  after
    receipt  of  notice from the custodian, of the release of
    the defendant on bail or  personal  recognizance  or  the
    release  from  detention of a minor who has been detained
    for a violent crime;
         (3)  explain in nontechnical language the details of
    any plea or verdict of a defendant, or  any  adjudication
    of a juvenile as a delinquent for a violent crime;
         (4)  where  practical, consult with the crime victim
    before the Office of the State's Attorney makes an  offer
    of  a  plea  bargain  to  the  defendant  or  enters into
    negotiations with the  defendant  concerning  a  possible
    plea  agreement,  and  shall  consider the written victim
    impact statement, if prepared prior to  entering  into  a
    plea agreement;
         (5)  provide  notice  of the ultimate disposition of
    the cases arising from an indictment or  an  information,
    or  a  petition  to  have  a  juvenile  adjudicated  as a
    delinquent for a violent crime;
         (6)  provide notice  of  any  appeal  taken  by  the
    defendant   and   information   on  how  to  contact  the
    appropriate agency handling the appeal;
         (7)  provide   notice    of    any    request    for
    post-conviction  review  filed  by  the  defendant  under
    Article  122  of  the Code of Criminal Procedure of 1963,
    and of the date, time and place of any hearing concerning
    the petition.  Whenever possible, notice of  the  hearing
    shall be given in advance;
         (8)  forward a copy of any statement presented under
    Section  6  to the Prisoner Review Board to be considered
    by the Board in making its determination under subsection
    (b) of Section 3-3-8 of the Unified Code of Corrections.

    (d) (1)  The Prisoner Review Board shall inform a  victim
    or  any other concerned citizen, upon written request, of
    the prisoner's release on  parole,  mandatory  supervised
    release,  electronic  detention,  work  release or by the
    custodian of the discharge  of  any  individual  who  was
    adjudicated  a  delinquent for a violent crime from State
    custody and by the sheriff of the appropriate  county  of
    any  such  person's  final discharge from county custody.
    The Prisoner Review Board, upon  written  request,  shall
    provide  to  a  victim  or  any other concerned citizen a
    recent photograph of any person convicted  of  a  felony,
    upon his or her release from custody. The Prisoner Review
    Board, upon written request, shall inform a victim or any
    other  concerned  citizen  when  feasible at least 7 days
    prior to the prisoner's release on furlough of the  times
    and  dates of such furlough.  Upon written request by the
    victim  or  any  other  concerned  citizen,  the  State's
    Attorney shall notify the person once of  the  times  and
    dates  of  release  of  a  prisoner sentenced to periodic
    imprisonment.  Notification shall be based  on  the  most
    recent  information  as  to  victim's  or other concerned
    citizen's residence or other location  available  to  the
    notifying  authority.  For purposes of this paragraph (1)
    of subsection (d), "concerned citizen" includes relatives
    of the victim, friends of the victim,  witnesses  to  the
    crime,  or any other person associated with the victim or
    prisoner.
         (2)  When the defendant has been  committed  to  the
    Department of Human Services pursuant to Section 5-2-4 or
    any  other  provision of the Unified Code of Corrections,
    the victim may request to be notified  by  the  releasing
    authority   of   the  defendant's  discharge  from  State
    custody.
         (3)  In the event of an escape from  State  custody,
    the  Department  of  Corrections immediately shall notify
    the Prisoner Review Board of the escape and the  Prisoner
    Review  Board  shall notify the victim.  The notification
    shall be based upon the most recent information as to the
    victim's residence or other  location  available  to  the
    Board.   When no such information is available, the Board
    shall  make  all  reasonable  efforts   to   obtain   the
    information  and make the notification.  When the escapee
    is apprehended, the Department of Corrections immediately
    shall notify the Prisoner  Review  Board  and  the  Board
    shall notify the victim.
         (4)  The  victim of the crime for which the prisoner
    has  been  sentenced  shall  receive  reasonable  written
    notice not less than 15 days prior to the parole  hearing
    and  may  submit, in writing, on film, videotape or other
    electronic means or in the form  of  a  recording  or  in
    person   at   the   parole   hearing,   information   for
    consideration  by  the Prisoner Review Board.  The victim
    shall be notified within 7 days after  the  prisoner  has
    been granted parole and shall be informed of the right to
    inspect  the  registry  of  parole decisions, established
    under subsection (g) of Section 3-3-5 of the Unified Code
    of Corrections.  The provisions of this paragraph (4) are
    subject to the Open Parole Hearings Act.
         (5)  If a statement is presented  under  Section  6,
    the  Prisoner Review Board shall inform the victim of any
    order of discharge  entered  by  the  Board  pursuant  to
    Section 3-3-8 of the Unified Code of Corrections.
         (6)  At  the  written  request  of the victim of the
    crime for which the prisoner was sentenced, the  Prisoner
    Review  Board shall notify the victim of the death of the
    prisoner  if  the  prisoner  died  while  on  parole   or
    mandatory supervised release.
         (7)  When  a defendant who has been committed to the
    Department of Corrections  or  the  Department  of  Human
    Services  is  released  or  discharged  and  subsequently
    committed  to  the  Department  of  Human  Services  as a
    sexually violent person and the victim had  requested  to
    be notified by the releasing authority of the defendant's
    discharge  from  State  custody,  the releasing authority
    shall provide to the Department of  Human  Services  such
    information  that  would  allow  the  Department of Human
    Services to contact the victim.
    (e)  The officials named in this Section may satisfy some
or all of their obligations  to  provide  notices  and  other
information  through  participation in a statewide victim and
witness  notification  system  established  by  the  Attorney
General under Section 8.5 of this Act.
(Source:  P.A.  89-8,  eff.  3-21-95;  89-235,  eff.  8-4-95;
89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-793, eff. 8-14-98.)
    (725 ILCS 120/8.5 new)
    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  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, 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.

    (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 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. 89-507, eff. 7-1-97; 90-744, eff. 1-1-99.)

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