101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4788

 

Introduced 2/18/2020, by Rep. Yehiel M. Kalish - Kelly M. Cassidy, Bob Morgan and Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/4.5
725 ILCS 120/7  from Ch. 38, par. 1407
725 ILCS 120/9  from Ch. 38, par. 1408

    Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall: (1) consult with the crime victim regarding the State's Attorney's decision to charge or not charge an offense, and the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them; and (2) give the crime victim timely notice of any decision not to pursue charges and provide the notice in a way that does not put the victim's safety at risk. Crime victims' rights shall be asserted in the court in which a defendant is being prosecuted for the crime. Provides that if no prosecution has been commenced, a complaint for mandamus, injunctive, or declaratory relief may be filed in the circuit court in the jurisdiction in which the crime occurred. Provides that filing fees that would otherwise be owed by the victim shall be waived for any court filing with the main purpose of enforcing crime victims' rights. Provides that the Act grants a victim a private civil cause of action for injunctive relief and compensatory damages for lost wages, attorney's fees, and costs directly related to enforcing a crime victim's rights when officials willfully or wantonly violate a victim's right or rights and the officials do not correct their actions and afford the right or rights to the victim when given written notice and reasonable time to comply.


LRB101 17979 RLC 67417 b

 

 

A BILL FOR

 

HB4788LRB101 17979 RLC 67417 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rights of Crime Victims and Witnesses Act is
5amended by changing Sections 4.5, 7, and 9 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
17closed.
18    (a-5) When law enforcement authorities reopen a closed case
19to resume investigating, they shall provide notice of the
20reopening of the case, except where the State's Attorney
21determines that disclosure of such information would
22unreasonably interfere with the investigation.
23    (b) The office of the State's Attorney:

 

 

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1        (1) shall provide notice of the filing of an
2    information, the return of an indictment, or the filing of
3    a petition to adjudicate a minor as a delinquent for a
4    violent crime;
5        (2) shall provide timely notice of the date, time, and
6    place of court proceedings; of any change in the date,
7    time, and place of court proceedings; and of any
8    cancellation of court proceedings. Notice shall be
9    provided in sufficient time, wherever possible, for the
10    victim to make arrangements to attend or to prevent an
11    unnecessary appearance at court proceedings;
12        (3) or victim advocate personnel shall provide
13    information of social services and financial assistance
14    available for victims of crime, including information of
15    how to apply for these services and assistance;
16        (3.5) or victim advocate personnel shall provide
17    information about available victim services, including
18    referrals to programs, counselors, and agencies that
19    assist a victim to deal with trauma, loss, and grief;
20        (4) shall assist in having any stolen or other personal
21    property held by law enforcement authorities for
22    evidentiary or other purposes returned as expeditiously as
23    possible, pursuant to the procedures set out in Section
24    115-9 of the Code of Criminal Procedure of 1963;
25        (5) or victim advocate personnel shall provide
26    appropriate employer intercession services to ensure that

 

 

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1    employers of victims will cooperate with the criminal
2    justice system in order to minimize an employee's loss of
3    pay and other benefits resulting from court appearances;
4        (6) shall provide, whenever possible, a secure waiting
5    area during court proceedings that does not require victims
6    to be in close proximity to defendants or juveniles accused
7    of a violent crime, and their families and friends;
8        (7) shall provide notice to the crime victim of the
9    right to have a translator present at all court proceedings
10    and, in compliance with the federal Americans with
11    Disabilities Act of 1990, the right to communications
12    access through a sign language interpreter or by other
13    means;
14        (8) (blank);
15        (8.5) shall inform the victim of the right to be
16    present at all court proceedings, unless the victim is to
17    testify and the court determines that the victim's
18    testimony would be materially affected if the victim hears
19    other testimony at trial;
20        (9) shall inform the victim of the right to have
21    present at all court proceedings, subject to the rules of
22    evidence and confidentiality, an advocate and other
23    support person of the victim's choice;
24        (9.3) shall inform the victim of the right to retain an
25    attorney, at the victim's own expense, who, upon written
26    notice filed with the clerk of the court and State's

 

 

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1    Attorney, is to receive copies of all notices, motions, and
2    court orders filed thereafter in the case, in the same
3    manner as if the victim were a named party in the case;
4        (9.5) shall inform the victim of (A) the victim's right
5    under Section 6 of this Act to make a statement at the
6    sentencing hearing; (B) the right of the victim's spouse,
7    guardian, parent, grandparent, and other immediate family
8    and household members under Section 6 of this Act to
9    present a statement at sentencing; and (C) if a presentence
10    report is to be prepared, the right of the victim's spouse,
11    guardian, parent, grandparent, and other immediate family
12    and household members to submit information to the preparer
13    of the presentence report about the effect the offense has
14    had on the victim and the person;
15        (10) at the sentencing shall make a good faith attempt
16    to explain the minimum amount of time during which the
17    defendant may actually be physically imprisoned. The
18    Office of the State's Attorney shall further notify the
19    crime victim of the right to request from the Prisoner
20    Review Board or Department of Juvenile Justice information
21    concerning the release of the defendant;
22        (11) shall request restitution at sentencing and as
23    part of a plea agreement if the victim requests
24    restitution;
25        (12) shall, upon the court entering a verdict of not
26    guilty by reason of insanity, inform the victim of the

 

 

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1    notification services available from the Department of
2    Human Services, including the statewide telephone number,
3    under subparagraph (d)(2) of this Section;
4        (13) shall provide notice within a reasonable time
5    after receipt of notice from the custodian, of the release
6    of the defendant on bail or personal recognizance or the
7    release from detention of a minor who has been detained;
8        (14) shall explain in nontechnical language the
9    details of any plea or verdict of a defendant, or any
10    adjudication of a juvenile as a delinquent;
11        (15) shall make all reasonable efforts to consult with
12    the crime victim before the Office of the State's Attorney
13    makes an offer of a plea bargain to the defendant or enters
14    into negotiations with the defendant concerning a possible
15    plea agreement, and shall consider the written statement,
16    if prepared prior to entering into a plea agreement. The
17    right to consult with the prosecutor does not include the
18    right to veto a plea agreement or to insist the case go to
19    trial. If the State's Attorney has not consulted with the
20    victim prior to making an offer or entering into plea
21    negotiations with the defendant, the Office of the State's
22    Attorney shall notify the victim of the offer or the
23    negotiations within 2 business days and confer with the
24    victim;
25        (16) shall provide notice of the ultimate disposition
26    of the cases arising from an indictment or an information,

 

 

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1    or a petition to have a juvenile adjudicated as a
2    delinquent for a violent crime;
3        (17) shall provide notice of any appeal taken by the
4    defendant and information on how to contact the appropriate
5    agency handling the appeal, and how to request notice of
6    any hearing, oral argument, or decision of an appellate
7    court;
8        (18) shall provide timely notice of any request for
9    post-conviction review filed by the defendant under
10    Article 122 of the Code of Criminal Procedure of 1963, and
11    of the date, time and place of any hearing concerning the
12    petition. Whenever possible, notice of the hearing shall be
13    given within 48 hours of the court's scheduling of the
14    hearing; and
15        (19) shall forward a copy of any statement presented
16    under Section 6 to the Prisoner Review Board or Department
17    of Juvenile Justice to be considered in making a
18    determination under Section 3-2.5-85 or subsection (b) of
19    Section 3-3-8 of the Unified Code of Corrections; .
20        (20) shall consult with the crime victim regarding the
21    State's Attorney's decision to charge or not charge an
22    offense. The victim has the right to have an attorney,
23    advocate, and other support person of the victim's choice
24    attend this consultation with them; and
25        (21) shall give the crime victim timely notice of any
26    decision not to pursue charges and provide the notice in a

 

 

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1    way that does not put the victim's safety at risk.
2    (c) The court shall ensure that the rights of the victim
3are afforded. Crime victims' rights shall be asserted in the
4court in which the defendant is being prosecuted for the crime.
5If no prosecution has been commenced, a complaint for mandamus,
6injunctive, or declaratory relief may be filed in the circuit
7court in the jurisdiction in which the crime occurred. Filing
8fees that would otherwise be owed by the victim shall be waived
9for any court filing with the main purpose of enforcing crime
10victims' rights. If the court denies the relief sought by the
11victim, the reasons for the denial shall be clearly stated on
12the record in a written opinion, and the victim may appeal the
13circuit court's decision to the Appellate Court. The court
14shall issue prompt rulings. Proceedings seeking to enforce
15victims' rights shall not be stayed or subject to a continuance
16of more than 10 days. If the Appellate Court denies the relief
17sought, the reasons for the denial shall be clearly stated on
18the record in a written opinion.
19    (c-5) The following procedures shall be followed to afford
20victims the rights guaranteed by Article I, Section 8.1 of the
21Illinois Constitution:
22        (1) Written notice. A victim may complete a written
23    notice of intent to assert rights on a form prepared by the
24    Office of the Attorney General and provided to the victim
25    by the State's Attorney. The victim may at any time provide
26    a revised written notice to the State's Attorney. The

 

 

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1    State's Attorney shall file the written notice with the
2    court. At the beginning of any court proceeding in which
3    the right of a victim may be at issue, the court and
4    prosecutor shall review the written notice to determine
5    whether the victim has asserted the right that may be at
6    issue.
7        (2) Victim's retained attorney. A victim's attorney
8    shall file an entry of appearance limited to assertion of
9    the victim's rights. Upon the filing of the entry of
10    appearance and service on the State's Attorney and the
11    defendant, the attorney is to receive copies of all
12    notices, motions and court orders filed thereafter in the
13    case.
14        (3) Standing. The victim has standing to assert the
15    rights enumerated in subsection (a) of Article I, Section
16    8.1 of the Illinois Constitution and the statutory rights
17    under Section 4 of this Act in any court exercising
18    jurisdiction over the criminal case. The prosecuting
19    attorney, a victim, or the victim's retained attorney may
20    assert the victim's rights. The defendant in the criminal
21    case has no standing to assert a right of the victim in any
22    court proceeding, including on appeal.
23        (4) Assertion of and enforcement of rights.
24            (A) The prosecuting attorney shall assert a
25        victim's right or request enforcement of a right by
26        filing a motion or by orally asserting the right or

 

 

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1        requesting enforcement in open court in the criminal
2        case outside the presence of the jury. The prosecuting
3        attorney shall consult with the victim and the victim's
4        attorney regarding the assertion or enforcement of a
5        right. If the prosecuting attorney decides not to
6        assert or enforce a victim's right, the prosecuting
7        attorney shall notify the victim or the victim's
8        attorney in sufficient time to allow the victim or the
9        victim's attorney to assert the right or to seek
10        enforcement of a right.
11            (B) If the prosecuting attorney elects not to
12        assert a victim's right or to seek enforcement of a
13        right, the victim or the victim's attorney may assert
14        the victim's right or request enforcement of a right by
15        filing a motion or by orally asserting the right or
16        requesting enforcement in open court in the criminal
17        case outside the presence of the jury.
18            (C) If the prosecuting attorney asserts a victim's
19        right or seeks enforcement of a right, the victim or
20        the victim's attorney may request to be heard regarding
21        the prosecuting attorney's motion or may file a
22        simultaneous motion to assert or request enforcement
23        of the victim's right. If the victim or the victim's
24        attorney were not allowed to be heard regarding the
25        prosecuting attorney's motion, and did not file a
26        simultaneous motion, and the court denies the

 

 

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1        prosecuting attorney's assertion of the right or
2        denies the request for enforcement of a right, the
3        victim or victim's attorney may file a motion to assert
4        the victim's right or to request enforcement of the
5        right within 10 days of the court's ruling. The motion
6        need not demonstrate the grounds for a motion for
7        reconsideration. The court shall rule on the merits of
8        the motion.
9            (D) The court shall take up and decide any motion
10        or request asserting or seeking enforcement of a
11        victim's right without delay, unless a specific time
12        period is specified by law or court rule. The reasons
13        for any decision denying the motion or request shall be
14        clearly stated on the record.
15        (5) Violation of rights and remedies.
16            (A) If the court determines that a victim's right
17        has been violated, the court shall determine the
18        appropriate remedy for the violation of the victim's
19        right by hearing from the victim and the parties,
20        considering all factors relevant to the issue, and then
21        awarding appropriate relief to the victim.
22            (A-5) Consideration of an issue of a substantive
23        nature or an issue that implicates the constitutional
24        or statutory right of a victim at a court proceeding
25        labeled as a status hearing shall constitute a per se
26        violation of a victim's right.

 

 

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1            (B) The appropriate remedy shall include only
2        actions necessary to provide the victim the right to
3        which the victim was entitled and return the victim to
4        the same position that the victim would have occupied
5        had the right not been violated. Subject to the
6        limitations in Section 9, remedies may include, but are
7        not limited to: awarding lost wages, attorney's fees,
8        and other costs incurred by the victim to enforce the
9        right; injunctive relief requiring the victim's right
10        to be afforded; and reopening previously held
11        proceedings; however, in no event shall the court
12        vacate a conviction. Any remedy shall be tailored to
13        provide the victim an appropriate remedy without
14        violating any constitutional right of the defendant.
15        In no event shall the appropriate remedy be a new
16        trial, damages, or costs.
17        (6) Right to be heard. Whenever a victim has the right
18    to be heard, the court shall allow the victim to exercise
19    the right in any reasonable manner the victim chooses.
20        (7) Right to attend trial. A party must file a written
21    motion to exclude a victim from trial at least 60 days
22    prior to the date set for trial. The motion must state with
23    specificity the reason exclusion is necessary to protect a
24    constitutional right of the party, and must contain an
25    offer of proof. The court shall rule on the motion within
26    30 days. If the motion is granted, the court shall set

 

 

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1    forth on the record the facts that support its finding that
2    the victim's testimony will be materially affected if the
3    victim hears other testimony at trial.
4        (8) Right to have advocate and support person present
5    at court proceedings.
6            (A) A party who intends to call an advocate as a
7        witness at trial must seek permission of the court
8        before the subpoena is issued. The party must file a
9        written motion at least 90 days before trial that sets
10        forth specifically the issues on which the advocate's
11        testimony is sought and an offer of proof regarding (i)
12        the content of the anticipated testimony of the
13        advocate; and (ii) the relevance, admissibility, and
14        materiality of the anticipated testimony. The court
15        shall consider the motion and make findings within 30
16        days of the filing of the motion. If the court finds by
17        a preponderance of the evidence that: (i) the
18        anticipated testimony is not protected by an absolute
19        privilege; and (ii) the anticipated testimony contains
20        relevant, admissible, and material evidence that is
21        not available through other witnesses or evidence, the
22        court shall issue a subpoena requiring the advocate to
23        appear to testify at an in camera hearing. The
24        prosecuting attorney and the victim shall have 15 days
25        to seek appellate review before the advocate is
26        required to testify at an ex parte in camera

 

 

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1        proceeding.
2            The prosecuting attorney, the victim, and the
3        advocate's attorney shall be allowed to be present at
4        the ex parte in camera proceeding. If, after conducting
5        the ex parte in camera hearing, the court determines
6        that due process requires any testimony regarding
7        confidential or privileged information or
8        communications, the court shall provide to the
9        prosecuting attorney, the victim, and the advocate's
10        attorney a written memorandum on the substance of the
11        advocate's testimony. The prosecuting attorney, the
12        victim, and the advocate's attorney shall have 15 days
13        to seek appellate review before a subpoena may be
14        issued for the advocate to testify at trial. The
15        presence of the prosecuting attorney at the ex parte in
16        camera proceeding does not make the substance of the
17        advocate's testimony that the court has ruled
18        inadmissible subject to discovery.
19            (B) If a victim has asserted the right to have a
20        support person present at the court proceedings, the
21        victim shall provide the name of the person the victim
22        has chosen to be the victim's support person to the
23        prosecuting attorney, within 60 days of trial. The
24        prosecuting attorney shall provide the name to the
25        defendant. If the defendant intends to call the support
26        person as a witness at trial, the defendant must seek

 

 

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1        permission of the court before a subpoena is issued.
2        The defendant must file a written motion at least 45
3        days prior to trial that sets forth specifically the
4        issues on which the support person will testify and an
5        offer of proof regarding: (i) the content of the
6        anticipated testimony of the support person; and (ii)
7        the relevance, admissibility, and materiality of the
8        anticipated testimony.
9            If the prosecuting attorney intends to call the
10        support person as a witness during the State's
11        case-in-chief, the prosecuting attorney shall inform
12        the court of this intent in the response to the
13        defendant's written motion. The victim may choose a
14        different person to be the victim's support person. The
15        court may allow the defendant to inquire about matters
16        outside the scope of the direct examination during
17        cross-examination. If the court allows the defendant
18        to do so, the support person shall be allowed to remain
19        in the courtroom after the support person has
20        testified. A defendant who fails to question the
21        support person about matters outside the scope of
22        direct examination during the State's case-in-chief
23        waives the right to challenge the presence of the
24        support person on appeal. The court shall allow the
25        support person to testify if called as a witness in the
26        defendant's case-in-chief or the State's rebuttal.

 

 

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1            If the court does not allow the defendant to
2        inquire about matters outside the scope of the direct
3        examination, the support person shall be allowed to
4        remain in the courtroom after the support person has
5        been called by the defendant or the defendant has
6        rested. The court shall allow the support person to
7        testify in the State's rebuttal.
8            If the prosecuting attorney does not intend to call
9        the support person in the State's case-in-chief, the
10        court shall verify with the support person whether the
11        support person, if called as a witness, would testify
12        as set forth in the offer of proof. If the court finds
13        that the support person would testify as set forth in
14        the offer of proof, the court shall rule on the
15        relevance, materiality, and admissibility of the
16        anticipated testimony. If the court rules the
17        anticipated testimony is admissible, the court shall
18        issue the subpoena. The support person may remain in
19        the courtroom after the support person testifies and
20        shall be allowed to testify in rebuttal.
21            If the court excludes the victim's support person
22        during the State's case-in-chief, the victim shall be
23        allowed to choose another support person to be present
24        in court.
25            If the victim fails to designate a support person
26        within 60 days of trial and the defendant has

 

 

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1        subpoenaed the support person to testify at trial, the
2        court may exclude the support person from the trial
3        until the support person testifies. If the court
4        excludes the support person the victim may choose
5        another person as a support person.
6        (9) Right to notice and hearing before disclosure of
7    confidential or privileged information or records. A
8    defendant, or prosecuting attorney acting without consent
9    of the crime victim, who seeks to subpoena records of or
10    concerning the victim that are confidential or privileged
11    by law must seek permission of the court before the
12    subpoena is issued.
13            (A) Prior to a prosecution being commenced, if the
14        victim has not consented to the disclosure of victim's
15        confidential or privileged information, and the
16        prosecuting attorney seeks permission of the court to
17        issue a subpoena for the victim's confidential or
18        privileged information, the prosecuting attorney must
19        request permission from the Court to issue the subpoena
20        and give the victim notice and the option of a hearing.
21            (B) After a prosecution has commenced, the The
22        defendant, or prosecuting attorney acting without
23        consent of the victim, must file a written motion and
24        an offer of proof regarding the relevance,
25        admissibility and materiality of the records. If the
26        court finds by a preponderance of the evidence that:

 

 

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1        (A) the records are not protected by an absolute
2        privilege and (B) the records contain relevant,
3        admissible, and material evidence that is not
4        available through other witnesses or evidence, the
5        court shall issue a subpoena requiring a sealed copy of
6        the records be delivered to the court to be reviewed in
7        camera. If, after conducting an in camera review of the
8        records, the court determines that due process
9        requires disclosure of any portion of the records, the
10        court shall provide copies of what it intends to
11        disclose to the prosecuting attorney and the victim.
12        The prosecuting attorney and the victim shall have 30
13        days to seek appellate review before the records are
14        disclosed to the defendant, used in any court
15        proceeding or disclosed to any one or in any way that
16        would subject them to public review. The disclosure of
17        copies of any portion of the records to the prosecuting
18        attorney does not make the records subject to
19        discovery.
20        (10) Right to notice of court proceedings. If the
21    victim is not present at a court proceeding in which a
22    right of the victim is at issue, the court shall ask the
23    prosecuting attorney whether the victim was notified of the
24    time, place, and purpose of the court proceeding and that
25    the victim had a right to be heard at the court proceeding.
26    If the court determines that timely notice was not given or

 

 

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1    that the victim was not adequately informed of the nature
2    of the court proceeding, the court shall not rule on any
3    substantive issues, accept a plea, or impose a sentence and
4    shall continue the hearing for the time necessary to notify
5    the victim of the time, place and nature of the court
6    proceeding. The time between court proceedings shall not be
7    attributable to the State under Section 103-5 of the Code
8    of Criminal Procedure of 1963.
9        (11) Right to timely disposition of the case. A victim
10    has the right to timely disposition of the case so as to
11    minimize the stress, cost, and inconvenience resulting
12    from the victim's involvement in the case. Before ruling on
13    a motion to continue trial or other court proceeding, the
14    court shall inquire into the circumstances for the request
15    for the delay and, if the victim has provided written
16    notice of the assertion of the right to a timely
17    disposition, and whether the victim objects to the delay.
18    If the victim objects, the prosecutor shall inform the
19    court of the victim's objections. If the prosecutor has not
20    conferred with the victim about the continuance, the
21    prosecutor shall inform the court of the attempts to
22    confer. If the court finds the attempts of the prosecutor
23    to confer with the victim were inadequate to protect the
24    victim's right to be heard, the court shall give the
25    prosecutor at least 3 but not more than 5 business days to
26    confer with the victim. In ruling on a motion to continue,

 

 

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1    the court shall consider the reasons for the requested
2    continuance, the number and length of continuances that
3    have been granted, the victim's objections and procedures
4    to avoid further delays. If a continuance is granted over
5    the victim's objection, the court shall specify on the
6    record the reasons for the continuance and the procedures
7    that have been or will be taken to avoid further delays.
8        (12) Right to Restitution.
9            (A) If the victim has asserted the right to
10        restitution and the amount of restitution is known at
11        the time of sentencing, the court shall enter the
12        judgment of restitution at the time of sentencing.
13            (B) If the victim has asserted the right to
14        restitution and the amount of restitution is not known
15        at the time of sentencing, the prosecutor shall, within
16        5 days after sentencing, notify the victim what
17        information and documentation related to restitution
18        is needed and that the information and documentation
19        must be provided to the prosecutor within 45 days after
20        sentencing. Failure to timely provide information and
21        documentation related to restitution shall be deemed a
22        waiver of the right to restitution. The prosecutor
23        shall file and serve within 60 days after sentencing a
24        proposed judgment for restitution and a notice that
25        includes information concerning the identity of any
26        victims or other persons seeking restitution, whether

 

 

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1        any victim or other person expressly declines
2        restitution, the nature and amount of any damages
3        together with any supporting documentation, a
4        restitution amount recommendation, and the names of
5        any co-defendants and their case numbers. Within 30
6        days after receipt of the proposed judgment for
7        restitution, the defendant shall file any objection to
8        the proposed judgment, a statement of grounds for the
9        objection, and a financial statement. If the defendant
10        does not file an objection, the court may enter the
11        judgment for restitution without further proceedings.
12        If the defendant files an objection and either party
13        requests a hearing, the court shall schedule a hearing.
14        (13) Access to presentence reports.
15            (A) The victim may request a copy of the
16        presentence report prepared under the Unified Code of
17        Corrections from the State's Attorney. The State's
18        Attorney shall redact the following information before
19        providing a copy of the report:
20                (i) the defendant's mental history and
21            condition;
22                (ii) any evaluation prepared under subsection
23            (b) or (b-5) of Section 5-3-2; and
24                (iii) the name, address, phone number, and
25            other personal information about any other victim.
26            (B) The State's Attorney or the defendant may

 

 

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1        request the court redact other information in the
2        report that may endanger the safety of any person.
3            (C) The State's Attorney may orally disclose to the
4        victim any of the information that has been redacted if
5        there is a reasonable likelihood that the information
6        will be stated in court at the sentencing.
7            (D) The State's Attorney must advise the victim
8        that the victim must maintain the confidentiality of
9        the report and other information. Any dissemination of
10        the report or information that was not stated at a
11        court proceeding constitutes indirect criminal
12        contempt of court.
13        (14) Appellate relief. If the trial court denies the
14    relief requested, the victim, the victim's attorney, or the
15    prosecuting attorney may file an appeal within 30 days of
16    the trial court's ruling. The trial or appellate court may
17    stay the court proceedings if the court finds that a stay
18    would not violate a constitutional right of the defendant.
19    If the appellate court denies the relief sought, the
20    reasons for the denial shall be clearly stated in a written
21    opinion. In any appeal in a criminal case, the State may
22    assert as error the court's denial of any crime victim's
23    right in the proceeding to which the appeal relates.
24        (15) Limitation on appellate relief. In no case shall
25    an appellate court provide a new trial to remedy the
26    violation of a victim's right.

 

 

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1        (16) The right to be reasonably protected from the
2    accused throughout the criminal justice process and the
3    right to have the safety of the victim and the victim's
4    family considered in denying or fixing the amount of bail,
5    determining whether to release the defendant, and setting
6    conditions of release after arrest and conviction. A victim
7    of domestic violence, a sexual offense, or stalking may
8    request the entry of a protective order under Article 112A
9    of the Code of Criminal Procedure of 1963.
10    (d) Procedures after the imposition of sentence.
11        (1) The Prisoner Review Board shall inform a victim or
12    any other concerned citizen, upon written request, of the
13    prisoner's release on parole, mandatory supervised
14    release, electronic detention, work release, international
15    transfer or exchange, or by the custodian, other than the
16    Department of Juvenile Justice, of the discharge of any
17    individual who was adjudicated a delinquent for a crime
18    from State custody and by the sheriff of the appropriate
19    county of any such person's final discharge from county
20    custody. The Prisoner Review Board, upon written request,
21    shall provide to a victim or any other concerned citizen a
22    recent photograph of any person convicted of a felony, upon
23    his or her release from custody. The Prisoner Review Board,
24    upon written request, shall inform a victim or any other
25    concerned citizen when feasible at least 7 days prior to
26    the prisoner's release on furlough of the times and dates

 

 

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1    of such furlough. Upon written request by the victim or any
2    other concerned citizen, the State's Attorney shall notify
3    the person once of the times and dates of release of a
4    prisoner sentenced to periodic imprisonment. Notification
5    shall be based on the most recent information as to
6    victim's or other concerned citizen's residence or other
7    location available to the notifying authority.
8        (2) When the defendant has been committed to the
9    Department of Human Services pursuant to Section 5-2-4 or
10    any other provision of the Unified Code of Corrections, the
11    victim may request to be notified by the releasing
12    authority of the approval by the court of an on-grounds
13    pass, a supervised off-grounds pass, an unsupervised
14    off-grounds pass, or conditional release; the release on an
15    off-grounds pass; the return from an off-grounds pass;
16    transfer to another facility; conditional release; escape;
17    death; or final discharge from State custody. The
18    Department of Human Services shall establish and maintain a
19    statewide telephone number to be used by victims to make
20    notification requests under these provisions and shall
21    publicize this telephone number on its website and to the
22    State's Attorney of each county.
23        (3) In the event of an escape from State custody, the
24    Department of Corrections or the Department of Juvenile
25    Justice immediately shall notify the Prisoner Review Board
26    of the escape and the Prisoner Review Board shall notify

 

 

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1    the victim. The notification shall be based upon the most
2    recent information as to the victim's residence or other
3    location available to the Board. When no such information
4    is available, the Board shall make all reasonable efforts
5    to obtain the information and make the notification. When
6    the escapee is apprehended, the Department of Corrections
7    or the Department of Juvenile Justice immediately shall
8    notify the Prisoner Review Board and the Board shall notify
9    the victim.
10        (4) The victim of the crime for which the prisoner has
11    been sentenced has the right to register with the Prisoner
12    Review Board's victim registry. Victims registered with
13    the Board shall receive reasonable written notice not less
14    than 30 days prior to the parole hearing or target
15    aftercare release date. The victim has the right to submit
16    a victim statement for consideration by the Prisoner Review
17    Board or the Department of Juvenile Justice in writing, on
18    film, videotape, or other electronic means, or in the form
19    of a recording prior to the parole hearing or target
20    aftercare release date, or in person at the parole hearing
21    or aftercare release protest hearing, or by calling the
22    toll-free number established in subsection (f) of this
23    Section., The victim shall be notified within 7 days after
24    the prisoner has been granted parole or aftercare release
25    and shall be informed of the right to inspect the registry
26    of parole decisions, established under subsection (g) of

 

 

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1    Section 3-3-5 of the Unified Code of Corrections. The
2    provisions of this paragraph (4) are subject to the Open
3    Parole Hearings Act. Victim statements provided to the
4    Board shall be confidential and privileged, including any
5    statements received prior to January 1, 2020 (the effective
6    date of Public Act 101-288) this amendatory Act of the
7    101st General Assembly, except if the statement was an oral
8    statement made by the victim at a hearing open to the
9    public.
10        (4-1) The crime victim has the right to submit a victim
11    statement for consideration by the Prisoner Review Board or
12    the Department of Juvenile Justice prior to or at a hearing
13    to determine the conditions of mandatory supervised
14    release of a person sentenced to a determinate sentence or
15    at a hearing on revocation of mandatory supervised release
16    of a person sentenced to a determinate sentence. A victim
17    statement may be submitted in writing, on film, videotape,
18    or other electronic means, or in the form of a recording,
19    or orally at a hearing, or by calling the toll-free number
20    established in subsection (f) of this Section. Victim
21    statements provided to the Board shall be confidential and
22    privileged, including any statements received prior to
23    January 1, 2020 (the effective date of Public Act 101-288)
24    this amendatory Act of the 101st General Assembly, except
25    if the statement was an oral statement made by the victim
26    at a hearing open to the public.

 

 

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1        (4-2) The crime victim has the right to submit a victim
2    statement to the Prisoner Review Board for consideration at
3    an executive clemency hearing as provided in Section 3-3-13
4    of the Unified Code of Corrections. A victim statement may
5    be submitted in writing, on film, videotape, or other
6    electronic means, or in the form of a recording prior to a
7    hearing, or orally at a hearing, or by calling the
8    toll-free number established in subsection (f) of this
9    Section. Victim statements provided to the Board shall be
10    confidential and privileged, including any statements
11    received prior to January 1, 2020 (the effective date of
12    Public Act 101-288) this amendatory Act of the 101st
13    General Assembly, except if the statement was an oral
14    statement made by the victim at a hearing open to the
15    public.
16        (5) If a statement is presented under Section 6, the
17    Prisoner Review Board or Department of Juvenile Justice
18    shall inform the victim of any order of discharge pursuant
19    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
20    Corrections.
21        (6) At the written or oral request of the victim of the
22    crime for which the prisoner was sentenced or the State's
23    Attorney of the county where the person seeking parole or
24    aftercare release was prosecuted, the Prisoner Review
25    Board or Department of Juvenile Justice shall notify the
26    victim and the State's Attorney of the county where the

 

 

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1    person seeking parole or aftercare release was prosecuted
2    of the death of the prisoner if the prisoner died while on
3    parole or aftercare release or mandatory supervised
4    release.
5        (7) When a defendant who has been committed to the
6    Department of Corrections, the Department of Juvenile
7    Justice, or the Department of Human Services is released or
8    discharged and subsequently committed to the Department of
9    Human Services as a sexually violent person and the victim
10    had requested to be notified by the releasing authority of
11    the defendant's discharge, conditional release, death, or
12    escape from State custody, the releasing authority shall
13    provide to the Department of Human Services such
14    information that would allow the Department of Human
15    Services to contact the victim.
16        (8) When a defendant has been convicted of a sex
17    offense as defined in Section 2 of the Sex Offender
18    Registration Act and has been sentenced to the Department
19    of Corrections or the Department of Juvenile Justice, the
20    Prisoner Review Board or the Department of Juvenile Justice
21    shall notify the victim of the sex offense of the
22    prisoner's eligibility for release on parole, aftercare
23    release, mandatory supervised release, electronic
24    detention, work release, international transfer or
25    exchange, or by the custodian of the discharge of any
26    individual who was adjudicated a delinquent for a sex

 

 

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1    offense from State custody and by the sheriff of the
2    appropriate county of any such person's final discharge
3    from county custody. The notification shall be made to the
4    victim at least 30 days, whenever possible, before release
5    of the sex offender.
6    (e) The officials named in this Section may satisfy some or
7all of their obligations to provide notices and other
8information through participation in a statewide victim and
9witness notification system established by the Attorney
10General under Section 8.5 of this Act.
11    (f) The Prisoner Review Board shall establish a toll-free
12number that may be accessed by the crime victim to present a
13victim statement to the Board in accordance with paragraphs
14(4), (4-1), and (4-2) of subsection (d).
15(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
16101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
 
17    (725 ILCS 120/7)  (from Ch. 38, par. 1407)
18    Sec. 7. Responsibilities of victims and witnesses. Victims
19and witnesses shall have the following responsibilities to aid
20in the prosecution of violent crime and to ensure that their
21constitutional rights are enforced:
22    (a) To make a timely report of the crime;
23    (b) To cooperate with law enforcement authorities
24throughout the investigation, prosecution, and trial;
25    (c) To testify at trial;

 

 

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1    (c-5) to timely provide information and documentation to
2the prosecuting attorney that is related to the assertion of
3their rights.
4    (d) To notify law enforcement authorities and the
5prosecuting attorney of any change of contact information,
6including but not limited to, changes of address and contact
7information, including but not limited to changes of address,
8telephone number, and email address. Law enforcement
9authorities and the prosecuting attorney shall maintain the
10confidentiality of this information. A court may find that the
11failure to notify the prosecuting attorney of any change in
12contact information constitutes waiver of a right.
13    (e) A victim who otherwise cooperates with law enforcement
14authorities and the prosecuting attorney, but declines to
15provide information and documentation to the prosecuting
16attorney that is privileged or confidential under the law, or
17chooses not to waive privilege, shall still be considered as
18cooperating for the purposes of this Act and maintain the
19status of victim and the rights afforded to victims under this
20Act.
21(Source: P.A. 99-413, eff. 8-20-15.)
 
22    (725 ILCS 120/9)  (from Ch. 38, par. 1408)
23    Sec. 9. This Act does not limit any rights or
24responsibilities otherwise enjoyed by or imposed upon victims
25or witnesses of violent crime, nor does it grant any person a

 

 

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1cause of action in equity or at law for compensation for
2damages or attorneys fees. Any act of omission or commission by
3any law enforcement officer, circuit court clerk, or State's
4Attorney, by the Attorney General, Prisoner Review Board,
5Department of Corrections, the Department of Juvenile Justice,
6Department of Human Services, or other State agency, or private
7entity under contract pursuant to Section 8, or by any employee
8of any State agency or private entity under contract pursuant
9to Section 8 acting in good faith in rendering crime victim's
10assistance or otherwise enforcing this Act shall not impose
11civil liability upon the individual or entity or his or her
12supervisor or employer, except for willful or wanton misconduct
13or gross negligence. This Act grants a victim a private civil
14cause of action for injunctive relief and compensatory damages
15for lost wages, attorney's fees, and costs directly related to
16enforcing a crime victim's rights when officials willfully or
17wantonly violate a victim's right or rights and the officials
18do not correct their actions and afford the right or rights to
19the victim when given written notice and reasonable time to
20comply. Nothing in this Act shall create a basis for vacating a
21conviction or a ground for relief requested by the defendant in
22any criminal case.
23(Source: P.A. 99-413, eff. 8-20-15.)