97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0199

 

Introduced 01/18/11, by Rep. Tom Cross - Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/3  from Ch. 38, par. 1403
730 ILCS 5/3-3-1  from Ch. 38, par. 1003-3-1

    Amends the Rights of Crime Victims and Witnesses Act. Defines "victim advocate" as a person who works or has worked with crime victims in one or more of the following capacities: (1) participating in education programs or seminars for the benefit of crime victims; or (2) rendering confidential assistance to crime victims. Amends the Unified Code of Corrections. Provides that at least one member of the Prisoner Review Board shall be a crime victim or victim advocate.


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A BILL FOR

 

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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 Section 3 as follows:
 
6    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7    Sec. 3. The terms used in this Act, unless the context
8clearly requires otherwise, shall have the following meanings:
9    (a) "Crime victim" and "victim" mean (1) a person
10physically injured in this State as a result of a violent crime
11perpetrated or attempted against that person or (2) a person
12who suffers injury to or loss of property as a result of a
13violent crime perpetrated or attempted against that person or
14(3) a single representative who may be the spouse, parent,
15child or sibling of a person killed as a result of a violent
16crime perpetrated against the person killed or the spouse,
17parent, child or sibling of any person granted rights under
18this Act who is physically or mentally incapable of exercising
19such rights, except where the spouse, parent, child or sibling
20is also the defendant or prisoner or (4) any person against
21whom a violent crime has been committed or (5) any person who
22has suffered personal injury as a result of a violation of
23Section 11-501 of the Illinois Vehicle Code, or of a similar

 

 

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1provision of a local ordinance, or of Section 9-3 of the
2Criminal Code of 1961, as amended or (6) in proceedings under
3the Juvenile Court Act of 1987, both parents, legal guardians,
4foster parents, or a single adult representative of a minor or
5disabled person who is a crime victim.
6    (b) "Witness" means any person who personally observed the
7commission of a violent crime and who will testify on behalf of
8the State of Illinois in the criminal prosecution of the
9violent crime.
10    (c) "Violent Crime" means any felony in which force or
11threat of force was used against the victim, or any offense
12involving sexual exploitation, sexual conduct or sexual
13penetration, or a violation of Section 11-20.1 or 11-20.3 of
14the Criminal Code of 1961, domestic battery, violation of an
15order of protection, stalking, or any misdemeanor which results
16in death or great bodily harm to the victim or any violation of
17Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
18the Illinois Vehicle Code, or a similar provision of a local
19ordinance, if the violation resulted in personal injury or
20death, and includes any action committed by a juvenile that
21would be a violent crime if committed by an adult. For the
22purposes of this paragraph, "personal injury" shall include any
23Type A injury as indicated on the traffic accident report
24completed by a law enforcement officer that requires immediate
25professional attention in either a doctor's office or medical
26facility. A type A injury shall include severely bleeding

 

 

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1wounds, distorted extremities, and injuries that require the
2injured party to be carried from the scene.
3    (d) "Sentencing Hearing" means any hearing where a sentence
4is imposed by the court on a convicted defendant and includes
5hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
6and 5-7-7 of the Unified Code of Corrections except those cases
7in which both parties have agreed to the imposition of a
8specific sentence.
9    (e) "Court proceedings" includes the preliminary hearing,
10any hearing the effect of which may be the release of the
11defendant from custody or to alter the conditions of bond, the
12trial, sentencing hearing, notice of appeal, any modification
13of sentence, probation revocation hearings or parole hearings.
14    (f) "Concerned citizen" includes relatives of the victim,
15friends of the victim, witnesses to the crime, or any other
16person associated with the victim or prisoner.
17    (g) "Victim advocate" means a person who works or has
18worked with crime victims in one or more of the following
19capacities: (1) participating in education programs or
20seminars for the benefit of crime victims; or (2) rendering
21confidential assistance to crime victims.
22(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
2396-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
 
24    Section 10. The Unified Code of Corrections is amended by
25changing Section 3-3-1 as follows:
 

 

 

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1    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
2    Sec. 3-3-1. Establishment and Appointment of Prisoner
3Review Board.
4    (a) There shall be a Prisoner Review Board independent of
5the Department of Corrections which shall be:
6        (1) the paroling authority for persons sentenced under
7    the law in effect prior to the effective date of this
8    amendatory Act of 1977;
9        (2) the board of review for cases involving the
10    revocation of good conduct credits or a suspension or
11    reduction in the rate of accumulating such credit;
12        (3) the board of review and recommendation for the
13    exercise of executive clemency by the Governor;
14        (4) the authority for establishing release dates for
15    certain prisoners sentenced under the law in existence
16    prior to the effective date of this amendatory Act of 1977,
17    in accordance with Section 3-3-2.1 of this Code;
18        (5) the authority for setting conditions for parole,
19    mandatory supervised release under Section 5-8-1(a) of
20    this Code, and determining whether a violation of those
21    conditions warrant revocation of parole or mandatory
22    supervised release or the imposition of other sanctions.
23    (b) The Board shall consist of 15 persons appointed by the
24Governor by and with the advice and consent of the Senate. One
25member of the Board shall be designated by the Governor to be

 

 

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1Chairman and shall serve as Chairman at the pleasure of the
2Governor. At least one member of the Board shall be a crime
3victim or victim advocate as those terms are defined in Section
43 of the Rights of Crime Victims and Witnesses Act. The members
5of the Board shall have had at least 5 years of actual
6experience in the fields of penology, corrections work, law
7enforcement, sociology, law, education, social work, medicine,
8psychology, other behavioral sciences, or a combination
9thereof. At least 6 members so appointed must have had at least
103 years experience in the field of juvenile matters. No more
11than 8 Board members may be members of the same political
12party.
13    Each member of the Board shall serve on a full-time basis
14and shall not hold any other salaried public office, whether
15elective or appointive, nor any other office or position of
16profit, nor engage in any other business, employment, or
17vocation. The Chairman of the Board shall receive $35,000 a
18year, or an amount set by the Compensation Review Board,
19whichever is greater, and each other member $30,000, or an
20amount set by the Compensation Review Board, whichever is
21greater.
22    (c) Notwithstanding any other provision of this Section,
23the term of each member of the Board who was appointed by the
24Governor and is in office on June 30, 2003 shall terminate at
25the close of business on that date or when all of the successor
26members to be appointed pursuant to this amendatory Act of the

 

 

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193rd General Assembly have been appointed by the Governor,
2whichever occurs later. As soon as possible, the Governor shall
3appoint persons to fill the vacancies created by this
4amendatory Act.
5    Of the initial members appointed under this amendatory Act
6of the 93rd General Assembly, the Governor shall appoint 5
7members whose terms shall expire on the third Monday in January
82005, 5 members whose terms shall expire on the third Monday in
9January 2007, and 5 members whose terms shall expire on the
10third Monday in January 2009. Their respective successors shall
11be appointed for terms of 6 years from the third Monday in
12January of the year of appointment. Each member shall serve
13until his successor is appointed and qualified.
14    Any member may be removed by the Governor for incompetence,
15neglect of duty, malfeasance or inability to serve.
16    (d) The Chairman of the Board shall be its chief executive
17and administrative officer. The Board may have an Executive
18Director; if so, the Executive Director shall be appointed by
19the Governor with the advice and consent of the Senate. The
20salary and duties of the Executive Director shall be fixed by
21the Board.
22(Source: P.A. 93-509, eff. 8-11-03; 94-165, eff. 7-11-05.)