HB5187 EngrossedLRB097 17232 RLC 65228 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 Illinois Police Training Act is amended by
5changing Section 7 as follows:
 
6    (50 ILCS 705/7)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include but not be limited to the following:
10    a. The curriculum for probationary police officers which
11shall be offered by all certified schools shall include but not
12be limited to courses of arrest, search and seizure, civil
13rights, human relations, cultural diversity, including racial
14and ethnic sensitivity, criminal law, law of criminal
15procedure, vehicle and traffic law including uniform and
16non-discriminatory enforcement of the Illinois Vehicle Code,
17traffic control and accident investigation, techniques of
18obtaining physical evidence, court testimonies, statements,
19reports, firearms training, first-aid (including
20cardiopulmonary resuscitation), handling of juvenile
21offenders, recognition of mental conditions which require
22immediate assistance and methods to safeguard and provide
23assistance to a person in need of mental treatment, law of

 

 

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1evidence, the hazards of high-speed police vehicle chases with
2an emphasis on alternatives to the high-speed chase, and
3physical training. The curriculum shall include specific
4training in techniques for immediate response to and
5investigation of cases of domestic violence and of sexual
6assault of adults and children. The curriculum shall include
7training in techniques designed to promote effective
8communication at the initial contact with crime victims and
9ways to comprehensively explain to victims and witnesses their
10rights under the Rights of Crime Victims and Witnesses Act and
11the Crime Victims Compensation Act. The curriculum shall also
12include a block of instruction aimed at identifying and
13interacting with persons with autism and other developmental
14disabilities, reducing barriers to reporting crimes against
15persons with autism, and addressing the unique challenges
16presented by cases involving victims or witnesses with autism
17and other developmental disabilities. The curriculum for
18permanent police officers shall include but not be limited to
19(1) refresher and in-service training in any of the courses
20listed above in this subparagraph, (2) advanced courses in any
21of the subjects listed above in this subparagraph, (3) training
22for supervisory personnel, and (4) specialized training in
23subjects and fields to be selected by the board.
24    b. Minimum courses of study, attendance requirements and
25equipment requirements.
26    c. Minimum requirements for instructors.

 

 

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1    d. Minimum basic training requirements, which a
2probationary police officer must satisfactorily complete
3before being eligible for permanent employment as a local law
4enforcement officer for a participating local governmental
5agency. Those requirements shall include training in first aid
6(including cardiopulmonary resuscitation).
7    e. Minimum basic training requirements, which a
8probationary county corrections officer must satisfactorily
9complete before being eligible for permanent employment as a
10county corrections officer for a participating local
11governmental agency.
12    f. Minimum basic training requirements which a
13probationary court security officer must satisfactorily
14complete before being eligible for permanent employment as a
15court security officer for a participating local governmental
16agency. The Board shall establish those training requirements
17which it considers appropriate for court security officers and
18shall certify schools to conduct that training.
19    A person hired to serve as a court security officer must
20obtain from the Board a certificate (i) attesting to his or her
21successful completion of the training course; (ii) attesting to
22his or her satisfactory completion of a training program of
23similar content and number of hours that has been found
24acceptable by the Board under the provisions of this Act; or
25(iii) attesting to the Board's determination that the training
26course is unnecessary because of the person's extensive prior

 

 

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1law enforcement experience.
2    Individuals who currently serve as court security officers
3shall be deemed qualified to continue to serve in that capacity
4so long as they are certified as provided by this Act within 24
5months of the effective date of this amendatory Act of 1996.
6Failure to be so certified, absent a waiver from the Board,
7shall cause the officer to forfeit his or her position.
8    All individuals hired as court security officers on or
9after the effective date of this amendatory Act of 1996 shall
10be certified within 12 months of the date of their hire, unless
11a waiver has been obtained by the Board, or they shall forfeit
12their positions.
13    The Sheriff's Merit Commission, if one exists, or the
14Sheriff's Office if there is no Sheriff's Merit Commission,
15shall maintain a list of all individuals who have filed
16applications to become court security officers and who meet the
17eligibility requirements established under this Act. Either
18the Sheriff's Merit Commission, or the Sheriff's Office if no
19Sheriff's Merit Commission exists, shall establish a schedule
20of reasonable intervals for verification of the applicants'
21qualifications under this Act and as established by the Board.
22(Source: P.A. 95-171, eff. 1-1-08.)
 
23    Section 10. The Rights of Crime Victims and Witnesses Act
24is amended by changing Sections 4 and 4.5 as follows:
 

 

 

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1    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
2    Sec. 4. Rights of crime victims.
3    (a) Crime victims shall have the following rights:
4        (1) The right to be treated with fairness and respect
5    for their dignity and privacy throughout the criminal
6    justice process.
7        (2) The right to notification of court proceedings.
8        (3) The right to communicate with the prosecution.
9        (4) The right to make a statement to the court at
10    sentencing.
11        (5) The right to information about the conviction,
12    sentence, imprisonment and release of the accused.
13        (6) The right to the timely disposition of the case
14    following the arrest of the accused.
15        (7) The right to be reasonably protected from the
16    accused through the criminal justice process.
17        (8) The right to be present at the trial and all other
18    court proceedings on the same basis as the accused, unless
19    the victim is to testify and the court determines that the
20    victim's testimony would be materially affected if the
21    victim hears other testimony at the trial.
22        (9) the right to have present at all court proceedings,
23    including proceedings under the Juvenile Court Act of 1987,
24    subject to the admonition of the rules of confidentiality
25    and subject to the rules of evidence, a victim-witness
26    specialist, an advocate or other support person of the

 

 

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1    victim's choice.
2        (10) The right to restitution.
3    (b) Any law enforcement agency that investigates an offense
4committed in this State shall provide a crime victim with a
5written statement and explanation of the rights of crime
6victims within 48 hours of law enforcement's initial contact
7with a victim. The statement shall include information about
8crime victim compensation, including how to contact the Office
9of the Illinois Attorney General to file a claim, and
10appropriate referrals to local and State programs that provide
11victim services. The content of the statement shall be provided
12to law enforcement by the Attorney General. Law enforcement
13shall also provide a crime victim with a sign-off sheet that
14the victim shall sign and date as an acknowledgement that he or
15she has been furnished with information and an explanation of
16the rights of crime victims and compensation set forth in this
17Act.
18    (c) The Clerk of the Circuit Court shall post the rights of
19crime victims set forth in Article I, Section 8.1(a) of the
20Illinois Constitution and subsection (a) of this Section within
213 feet of the door to any courtroom where criminal proceedings
22are conducted. The clerk may also post the rights in other
23locations in the courthouse.
24    (d) A statement and explanation of the rights of crime
25victims set forth in paragraph (a) of this Section shall be
26given to a crime victim at the initial contact with the

 

 

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1criminal justice system by the appropriate authorities and
2shall be conspicuously posted in all court facilities.
3(Source: P.A. 95-591, eff. 6-1-08.)
 
4    (725 ILCS 120/4.5)
5    Sec. 4.5. Procedures to implement the rights of crime
6victims. To afford crime victims their rights, law enforcement,
7prosecutors, judges and corrections will provide information,
8as appropriate of the following procedures:
9    (a) At the request of the crime victim, law enforcement
10authorities investigating the case shall provide notice of the
11status of the investigation, except where the State's Attorney
12determines that disclosure of such information would
13unreasonably interfere with the investigation, until such time
14as the alleged assailant is apprehended or the investigation is
15closed.
16    (a-5) When law enforcement authorities re-open a closed
17case to resume investigating, they shall provide notice of the
18re-opening of the case, except where the State's Attorney
19determines that disclosure of such information would
20unreasonably interfere with the investigation.
21    (b) The office of the State's Attorney:
22        (1) shall provide notice of the filing of information,
23    the return of an indictment by which a prosecution for any
24    violent crime is commenced, or the filing of a petition to
25    adjudicate a minor as a delinquent for a violent crime;

 

 

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1        (2) shall provide notice of the date, time, and place
2    of trial;
3        (3) or victim advocate personnel shall provide
4    information of social services and financial assistance
5    available for victims of crime, including information of
6    how to apply for these services and assistance;
7        (3.5) or victim advocate personnel shall provide
8    information about available victim services, including
9    referrals to programs, counselors, and agencies that
10    assist a victim to deal with trauma, loss, and grief;
11        (4) shall assist in having any stolen or other personal
12    property held by law enforcement authorities for
13    evidentiary or other purposes returned as expeditiously as
14    possible, pursuant to the procedures set out in Section
15    115-9 of the Code of Criminal Procedure of 1963;
16        (5) or victim advocate personnel shall provide
17    appropriate employer intercession services to ensure that
18    employers of victims will cooperate with the criminal
19    justice system in order to minimize an employee's loss of
20    pay and other benefits resulting from court appearances;
21        (6) shall provide information whenever possible, of a
22    secure waiting area during court proceedings that does not
23    require victims to be in close proximity to defendant or
24    juveniles accused of a violent crime, and their families
25    and friends;
26        (7) shall provide notice to the crime victim of the

 

 

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1    right to have a translator present at all court proceedings
2    and, in compliance with the federal Americans with
3    Disabilities Act of 1990, the right to communications
4    access through a sign language interpreter or by other
5    means;
6        (8) in the case of the death of a person, which death
7    occurred in the same transaction or occurrence in which
8    acts occurred for which a defendant is charged with an
9    offense, shall notify the spouse, parent, child or sibling
10    of the decedent of the date of the trial of the person or
11    persons allegedly responsible for the death;
12        (9) shall inform the victim of the right to have
13    present at all court proceedings, subject to the rules of
14    evidence, an advocate or other support person of the
15    victim's choice, and the right to retain an attorney, at
16    the victim's own expense, who, upon written notice filed
17    with the clerk of the court and State's Attorney, is to
18    receive copies of all notices, motions and court orders
19    filed thereafter in the case, in the same manner as if the
20    victim were a named party in the case;
21        (10) at the sentencing hearing shall make a good faith
22    attempt to explain the minimum amount of time during which
23    the defendant may actually be physically imprisoned. The
24    Office of the State's Attorney shall further notify the
25    crime victim of the right to request from the Prisoner
26    Review Board information concerning the release of the

 

 

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1    defendant under subparagraph (d)(1) of this Section;
2        (11) shall request restitution at sentencing and shall
3    consider restitution in any plea negotiation, as provided
4    by law; and
5        (12) shall, upon the court entering a verdict of not
6    guilty by reason of insanity, inform the victim of the
7    notification services available from the Department of
8    Human Services, including the statewide telephone number,
9    under subparagraph (d)(2) of this Section.
10    (c) At the written request of the crime victim, the office
11of the State's Attorney shall:
12        (1) provide notice a reasonable time in advance of the
13    following court proceedings: preliminary hearing, any
14    hearing the effect of which may be the release of defendant
15    from custody, or to alter the conditions of bond and the
16    sentencing hearing. The crime victim shall also be notified
17    of the cancellation of the court proceeding in sufficient
18    time, wherever possible, to prevent an unnecessary
19    appearance in court;
20        (2) provide notice within a reasonable time after
21    receipt of notice from the custodian, of the release of the
22    defendant on bail or personal recognizance or the release
23    from detention of a minor who has been detained for a
24    violent crime;
25        (3) explain in nontechnical language the details of any
26    plea or verdict of a defendant, or any adjudication of a

 

 

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1    juvenile as a delinquent for a violent crime;
2        (4) where practical, consult with the crime victim
3    before the Office of the State's Attorney makes an offer of
4    a plea bargain to the defendant or enters into negotiations
5    with the defendant concerning a possible plea agreement,
6    and shall consider the written victim impact statement, if
7    prepared prior to entering into a plea agreement;
8        (5) provide notice of the ultimate disposition of the
9    cases arising from an indictment or an information, or a
10    petition to have a juvenile adjudicated as a delinquent for
11    a violent crime;
12        (6) provide notice of any appeal taken by the defendant
13    and information on how to contact the appropriate agency
14    handling the appeal;
15        (7) provide notice of any request for post-conviction
16    review filed by the defendant under Article 122 of the Code
17    of Criminal Procedure of 1963, and of the date, time and
18    place of any hearing concerning the petition. Whenever
19    possible, notice of the hearing shall be given in advance;
20        (8) forward a copy of any statement presented under
21    Section 6 to the Prisoner Review Board to be considered by
22    the Board in making its determination under subsection (b)
23    of Section 3-3-8 of the Unified Code of Corrections.
24    (d) (1) The Prisoner Review Board shall inform a victim or
25any other concerned citizen, upon written request, of the
26prisoner's release on parole, mandatory supervised release,

 

 

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1electronic detention, work release, international transfer or
2exchange, or by the custodian of the discharge of any
3individual who was adjudicated a delinquent for a violent crime
4from State custody and by the sheriff of the appropriate county
5of any such person's final discharge from county custody. The
6Prisoner Review Board, upon written request, shall provide to a
7victim or any other concerned citizen a recent photograph of
8any person convicted of a felony, upon his or her release from
9custody. The Prisoner Review Board, upon written request, shall
10inform a victim or any other concerned citizen when feasible at
11least 7 days prior to the prisoner's release on furlough of the
12times and dates of such furlough. Upon written request by the
13victim or any other concerned citizen, the State's Attorney
14shall notify the person once of the times and dates of release
15of a prisoner sentenced to periodic imprisonment. Notification
16shall be based on the most recent information as to victim's or
17other concerned citizen's residence or other location
18available to the notifying authority.
19    (2) When the defendant has been committed to the Department
20of Human Services pursuant to Section 5-2-4 or any other
21provision of the Unified Code of Corrections, the victim may
22request to be notified by the releasing authority of the
23approval by the court of an on-grounds pass, a supervised
24off-grounds pass, an unsupervised off-grounds pass, or
25conditional release; the release on an off-grounds pass; the
26return from an off-grounds pass; transfer to another facility;

 

 

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1conditional release; escape; death; defendant's furloughs,
2temporary release, or final discharge from State custody. The
3Department of Human Services shall establish and maintain a
4statewide telephone number to be used by victims to make
5notification requests under these provisions and shall
6publicize this telephone number on its website and to the
7State's Attorney of each county.
8    (3) In the event of an escape from State custody, the
9Department of Corrections or the Department of Juvenile Justice
10immediately shall notify the Prisoner Review Board of the
11escape and the Prisoner Review Board shall notify the victim.
12The notification shall be based upon the most recent
13information as to the victim's residence or other location
14available to the Board. When no such information is available,
15the Board shall make all reasonable efforts to obtain the
16information and make the notification. When the escapee is
17apprehended, the Department of Corrections or the Department of
18Juvenile Justice immediately shall notify the Prisoner Review
19Board and the Board shall notify the victim.
20    (4) The victim of the crime for which the prisoner has been
21sentenced shall receive reasonable written notice not less than
2230 days prior to the parole interview and may submit, in
23writing, on film, videotape or other electronic means or in the
24form of a recording or in person at the parole interview or if
25a victim of a violent crime, by calling the toll-free number
26established in subsection (f) of this Section, information for

 

 

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1consideration by the Prisoner Review Board. The victim shall be
2notified within 7 days after the prisoner has been granted
3parole and shall be informed of the right to inspect the
4registry of parole decisions, established under subsection (g)
5of Section 3-3-5 of the Unified Code of Corrections. The
6provisions of this paragraph (4) are subject to the Open Parole
7Hearings Act.
8    (5) If a statement is presented under Section 6, the
9Prisoner Review Board shall inform the victim of any order of
10discharge entered by the Board pursuant to Section 3-3-8 of the
11Unified Code of Corrections.
12    (6) At the written request of the victim of the crime for
13which the prisoner was sentenced or the State's Attorney of the
14county where the person seeking parole was prosecuted, the
15Prisoner Review Board shall notify the victim and the State's
16Attorney of the county where the person seeking parole was
17prosecuted of the death of the prisoner if the prisoner died
18while on parole or mandatory supervised release.
19    (7) When a defendant who has been committed to the
20Department of Corrections, the Department of Juvenile Justice,
21or the Department of Human Services is released or discharged
22and subsequently committed to the Department of Human Services
23as a sexually violent person and the victim had requested to be
24notified by the releasing authority of the defendant's
25discharge, conditional release, death, or escape from State
26custody, the releasing authority shall provide to the

 

 

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1Department of Human Services such information that would allow
2the Department of Human Services to contact the victim.
3    (8) When a defendant has been convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act and
5has been sentenced to the Department of Corrections or the
6Department of Juvenile Justice, the Prisoner Review Board shall
7notify the victim of the sex offense of the prisoner's
8eligibility for release on parole, mandatory supervised
9release, electronic detention, work release, international
10transfer or exchange, or by the custodian of the discharge of
11any individual who was adjudicated a delinquent for a sex
12offense from State custody and by the sheriff of the
13appropriate county of any such person's final discharge from
14county custody. The notification shall be made to the victim at
15least 30 days, whenever possible, before release of the sex
16offender.
17    (e) The officials named in this Section may satisfy some or
18all of their obligations to provide notices and other
19information through participation in a statewide victim and
20witness notification system established by the Attorney
21General under Section 8.5 of this Act.
22    (f) To permit a victim of a violent crime to provide
23information to the Prisoner Review Board for consideration by
24the Board at a parole hearing of a person who committed the
25crime against the victim in accordance with clause (d)(4) of
26this Section or at a proceeding to determine the conditions of

 

 

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1mandatory supervised release of a person sentenced to a
2determinate sentence or at a hearing on revocation of mandatory
3supervised release of a person sentenced to a determinate
4sentence, the Board shall establish a toll-free number that may
5be accessed by the victim of a violent crime to present that
6information to the Board.
7(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
897-457, eff. 1-1-12; 97-572, eff. 1-1-12; revised 9-14-11.)