Illinois General Assembly - Full Text of HB0191
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Full Text of HB0191  93rd General Assembly

HB0191 93rd General Assembly


093_HB0191

 
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 1        AN ACT concerning corrections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Rights of Crime  Victims  and  Witnesses
 5    Act is amended by changing Section 4.5 as follows:

 6        (725 ILCS 120/4.5)
 7        Sec.  4.5.  Procedures  to  implement the rights of crime
 8    victims.   To  afford  crime  victims   their   rights,   law
 9    enforcement, prosecutors, judges and corrections will provide
10    information, as appropriate of the following procedures:
11        (a)  At  the request of the crime victim, law enforcement
12    authorities investigating the case shall  provide  notice  of
13    the  status  of  the  investigation, except where the State's
14    Attorney determines that disclosure of such information would
15    unreasonably interfere with  the  investigation,  until  such
16    time   as   the  alleged  assailant  is  apprehended  or  the
17    investigation is closed.
18        (b)  The office of the State's Attorney:
19             (1)  shall  provide  notice   of   the   filing   of
20        information,  the  return  of  an  indictment  by which a
21        prosecution for any violent crime is  commenced,  or  the
22        filing   of  a  petition  to  adjudicate  a  minor  as  a
23        delinquent for a violent crime;
24             (2)  shall provide notice of  the  date,  time,  and
25        place of trial;
26             (3)  or  victim  advocate  personnel  shall  provide
27        information  of  social services and financial assistance
28        available for victims of crime, including information  of
29        how to apply for these services and assistance;
30             (4)  shall  assist  in  having  any  stolen or other
31        personal property held by law enforcement authorities for
 
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 1        evidentiary or other purposes returned  as  expeditiously
 2        as  possible,  pursuant  to  the  procedures  set  out in
 3        Section 115-9 of the Code of Criminal Procedure of 1963;
 4             (5)  or  victim  advocate  personnel  shall  provide
 5        appropriate employer intercession services to ensure that
 6        employers of victims will  cooperate  with  the  criminal
 7        justice system in order to minimize an employee's loss of
 8        pay and other benefits resulting from court appearances;
 9             (6)  shall provide information whenever possible, of
10        a  secure waiting area during court proceedings that does
11        not require victims to be in close proximity to defendant
12        or juveniles  accused  of  a  violent  crime,  and  their
13        families and friends;
14             (7)  shall provide notice to the crime victim of the
15        right   to   have  a  translator  present  at  all  court
16        proceedings;
17             (8)  in the case of the death  of  a  person,  which
18        death  occurred  in the same transaction or occurrence in
19        which acts occurred for which a defendant is charged with
20        an offense, shall notify the  spouse,  parent,  child  or
21        sibling  of  the decedent of the date of the trial of the
22        person or persons allegedly responsible for the death;
23             (9)  shall inform the victim of the  right  to  have
24        present at all court proceedings, subject to the rules of
25        evidence,  an  advocate  or  other  support person of the
26        victim's choice, and the right to retain an attorney,  at
27        the  victim's own expense, who, upon written notice filed
28        with the clerk of the court and State's Attorney,  is  to
29        receive  copies  of all notices, motions and court orders
30        filed thereafter in the case, in the same  manner  as  if
31        the victim were a named party in the case; and
32             (10)  at  the  sentencing  hearing shall make a good
33        faith attempt to  explain  the  minimum  amount  of  time
34        during  which  the  defendant  may actually be physically
 
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 1        imprisoned.  The Office of  the  State's  Attorney  shall
 2        further  notify  the crime victim of the right to request
 3        from the Prisoner Review Board information concerning the
 4        release of the defendant  under  subparagraph  (d)(1)  of
 5        this Section; and
 6             (11)  shall  request  restitution  at sentencing and
 7        shall consider restitution in any  plea  negotiation,  as
 8        provided by law.
 9        (c)  At  the  written  request  of  the crime victim, the
10    office of the State's Attorney shall:
11             (1)  provide notice a reasonable time in advance  of
12        the following court proceedings: preliminary hearing, any
13        hearing  the  effect  of  which  may  be  the  release of
14        defendant from custody, or to  alter  the  conditions  of
15        bond  and the sentencing hearing.  The crime victim shall
16        also  be  notified  of  the  cancellation  of  the  court
17        proceeding in  sufficient  time,  wherever  possible,  to
18        prevent an unnecessary appearance in court;
19             (2)  provide  notice  within a reasonable time after
20        receipt of notice from the custodian, of the  release  of
21        the  defendant  on  bail  or personal recognizance or the
22        release from detention of a minor who has  been  detained
23        for a violent crime;
24             (3)  explain in nontechnical language the details of
25        any  plea  or verdict of a defendant, or any adjudication
26        of a juvenile as a delinquent for a violent crime;
27             (4)  where practical, consult with the crime  victim
28        before  the Office of the State's Attorney makes an offer
29        of a  plea  bargain  to  the  defendant  or  enters  into
30        negotiations  with  the  defendant  concerning a possible
31        plea agreement, and shall  consider  the  written  victim
32        impact  statement,  if  prepared prior to entering into a
33        plea agreement;
34             (5)  provide notice of the ultimate  disposition  of
 
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 1        the  cases  arising from an indictment or an information,
 2        or a  petition  to  have  a  juvenile  adjudicated  as  a
 3        delinquent for a violent crime;
 4             (6)  provide  notice  of  any  appeal  taken  by the
 5        defendant  and  information  on  how   to   contact   the
 6        appropriate agency handling the appeal;
 7             (7)  provide    notice    of    any    request   for
 8        post-conviction  review  filed  by  the  defendant  under
 9        Article 122 of the Code of Criminal  Procedure  of  1963,
10        and of the date, time and place of any hearing concerning
11        the  petition.   Whenever possible, notice of the hearing
12        shall be given in advance;
13             (8)  forward a copy of any statement presented under
14        Section 6 to the Prisoner Review Board to  be  considered
15        by the Board in making its determination under subsection
16        (b) of Section 3-3-8 of the Unified Code of Corrections.
17        (d) (1)  The  Prisoner Review Board shall inform a victim
18        or any other concerned citizen, upon written request,  of
19        the  prisoner's  release  on parole, mandatory supervised
20        release, electronic detention, work  release  or  by  the
21        custodian  of  the  discharge  of  any individual who was
22        adjudicated a delinquent for a violent crime  from  State
23        custody  and  by the sheriff of the appropriate county of
24        any such person's final discharge  from  county  custody.
25        The  Prisoner  Review  Board, upon written request, shall
26        provide to a victim or  any  other  concerned  citizen  a
27        recent  photograph  of  any person convicted of a felony,
28        upon his or her release from custody. The Prisoner Review
29        Board, upon written request, shall inform a victim or any
30        other concerned citizen when feasible  at  least  7  days
31        prior  to the prisoner's release on furlough of the times
32        and dates of such furlough.  Upon written request by  the
33        victim  or  any  other  concerned  citizen,  the  State's
34        Attorney  shall  notify  the person once of the times and
 
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 1        dates of release of  a  prisoner  sentenced  to  periodic
 2        imprisonment.   Notification  shall  be based on the most
 3        recent information as  to  victim's  or  other  concerned
 4        citizen's  residence  or  other location available to the
 5        notifying authority. For purposes of this  paragraph  (1)
 6        of subsection (d), "concerned citizen" includes relatives
 7        of  the  victim,  friends of the victim, witnesses to the
 8        crime, or any other person associated with the victim  or
 9        prisoner.
10             (2)  When  the  defendant  has been committed to the
11        Department of Human Services pursuant to Section 5-2-4 or
12        any other provision of the Unified Code  of  Corrections,
13        the  victim  may  request to be notified by the releasing
14        authority  of  the  defendant's  discharge   from   State
15        custody.
16             (3)  In  the  event of an escape from State custody,
17        the Department of Corrections  immediately  shall  notify
18        the  Prisoner Review Board of the escape and the Prisoner
19        Review Board shall notify the victim.   The  notification
20        shall be based upon the most recent information as to the
21        victim's  residence  or  other  location available to the
22        Board.  When no such information is available, the  Board
23        shall   make   all   reasonable  efforts  to  obtain  the
24        information and make the notification.  When the  escapee
25        is apprehended, the Department of Corrections immediately
26        shall  notify  the  Prisoner  Review  Board and the Board
27        shall notify the victim.
28             (4)  The victim of the crime for which the  prisoner
29        has  been  sentenced  shall  receive  reasonable  written
30        notice  not less than 15 days prior to the parole hearing
31        and may submit, in writing, on film, videotape  or  other
32        electronic  means  or  in  the  form of a recording or in
33        person   at   the   parole   hearing,   information   for
34        consideration by the Prisoner Review Board.   The  victim
 
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 1        shall  be  notified  within 7 days after the prisoner has
 2        been granted parole and shall be informed of the right to
 3        inspect the registry  of  parole  decisions,  established
 4        under subsection (g) of Section 3-3-5 of the Unified Code
 5        of Corrections.  The provisions of this paragraph (4) are
 6        subject to the Open Parole Hearings Act.
 7             (5)  If  a  statement  is presented under Section 6,
 8        the Prisoner Review Board shall inform the victim of  any
 9        order  of  discharge  entered  by  the  Board pursuant to
10        Section 3-3-8 of the Unified Code of Corrections.
11             (6)  At the written request of  the  victim  of  the
12        crime  for which the prisoner was sentenced, the Prisoner
13        Review Board shall notify the victim of the death of  the
14        prisoner   if  the  prisoner  died  while  on  parole  or
15        mandatory supervised release.
16             (7)  When a defendant who has been committed to  the
17        Department  of  Corrections  or  the  Department of Human
18        Services  is  released  or  discharged  and  subsequently
19        committed to  the  Department  of  Human  Services  as  a
20        sexually  violent  person and the victim had requested to
21        be notified by the releasing authority of the defendant's
22        discharge from State  custody,  the  releasing  authority
23        shall  provide  to  the Department of Human Services such
24        information that would  allow  the  Department  of  Human
25        Services to contact the victim.
26        (d-5)  If the prisoner has filed a petition for executive
27    clemency   under  Section  3-3-13  of  the  Unified  Code  of
28    Corrections, the Prisoner Review  Board  shall  give  written
29    notice  to the victim of the crime for which the prisoner has
30    been sentenced at least 15 days before the executive clemency
31    hearing of the date of the hearing.
32        (e)  The officials named in this Section may satisfy some
33    or all of their obligations  to  provide  notices  and  other
34    information  through  participation in a statewide victim and
 
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 1    witness  notification  system  established  by  the  Attorney
 2    General under Section 8.5 of this Act.
 3    (Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
 4    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

 5        Section  10.   The Unified Code of Corrections is amended
 6    by changing Section 3-3-13 as follows:

 7        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
 8        Sec. 3-3-13.  Procedure for Executive Clemency.
 9        (a)  Petitions seeking pardon, commutation,  or  reprieve
10    shall  be  addressed  to  the  Governor  and  filed  with the
11    Prisoner Review Board.  The petition shall be in writing  and
12    signed  by  the person under conviction or by a person on his
13    behalf. It shall contain a brief history  of  the  case,  the
14    reasons  for  seeking  executive clemency, and other relevant
15    information the Board may require.
16        (a-5)  After a petition has been denied by the  Governor,
17    the  Board  may  not  accept  a repeat petition for executive
18    clemency for the same person until one full year has  elapsed
19    from  the  date of the denial.  The Chairman of the Board may
20    waive the one-year requirement if the  petitioner  offers  in
21    writing   new   information   that  was  unavailable  to  the
22    petitioner at the time of the filing of  the  prior  petition
23    and  which  the  Chairman  determines to be significant.  The
24    Chairman also may waive the one-year waiting  period  if  the
25    petitioner  can  show  that  a  change  in circumstances of a
26    compelling humanitarian nature has arisen since the denial of
27    the prior petition.
28        (b)  Notice of the proposed application shall be given by
29    the Board to the committing court and the state's attorney of
30    the county where the conviction was had.
31        (c)  The Board shall, if requested and upon  due  notice,
32    give  a  hearing to each application, allowing representation
 
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 1    by counsel, if desired, after which it  shall  confidentially
 2    advise   the   Governor   by   a   written   report   of  its
 3    recommendations which shall be determined by  majority  vote.
 4    The  written  report  of  the Board shall contain a statement
 5    outlining  the  sentence  that  would  be  in  effect  if   a
 6    commutation  is  granted for a person sentenced to death. The
 7    Board shall meet to consider such petitions no  less  than  4
 8    times   each   year.    The  hearing  shall  be  sufficiently
 9    comprehensive to ensure that the rights of  the  victim,  the
10    defendant,  and  the  People  of  the  State  of Illinois are
11    protected.
12        (c-5)  In  making  its  recommendations  on  a   petition
13    seeking  a  pardon, commutation, or reprieve, the Board shall
14    consider, but not be limited to:
15             (1)  material transmitted to the Department  by  the
16        clerk  of  the  committing  court  under Section 5-4-1 or
17        Section 5-10 of the Juvenile Court Act or  Section  5-750
18        of the Juvenile Court Act of 1987;
19             (2)  the report under Section 3-8-2 or 3-10-2;
20             (3)  a  report  by  the Department and any report by
21        the chief administrative officer of  the  institution  or
22        facility;
23             (4)  a parole progress report;
24             (5)  a   medical   and   psychological   report,  if
25        requested by the Board;
26             (6)  material in writing, or on film, video tape  or
27        other  electronic  means  in  the  form  of  a  recording
28        submitted  by  the  person  whose  petition for executive
29        clemency is being considered; and
30             (7)  material in writing, or on film, video tape  or
31        other  electronic  means  in  the  form of a recording or
32        testimony submitted  by  the  State's  Attorney  and  the
33        victim  pursuant  to  the  Rights  of  Crime  Victims and
34        Witnesses Act.
 
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 1        (c-6)  The prosecuting State's  Attorney's  office  shall
 2    receive reasonable written notice not less than 15 days prior
 3    to  the  executive  clemency  hearing and may submit relevant
 4    information in writing, or  on  film,  video  tape  or  other
 5    electronic  means  or in the form of a recording to the Board
 6    for its consideration.  The State's Attorney  may  waive  the
 7    written notice.
 8        (c-7)  The  victim  of  the  violent  crime for which the
 9    prisoner has  been  sentenced  shall  receive  notice  of  an
10    executive clemency hearing as provided in subsection (d-5) of
11    Section 4.5 of the Rights of Crime Victims and Witnesses Act.
12        Any  recording  considered under the provisions of clause
13    (c-5)(6), (c-5)(7), or (c-6) of this Section shall be in  the
14    form  designated  by  the  Board. The recording shall be both
15    visual and aural.  Every voice on the  recording  and  person
16    present  shall  be identified and the recording shall contain
17    either a visual or aural statement of the  person  submitting
18    the  recording, the date of the recording and the name of the
19    person  whose  petition  for  executive  clemency  is   being
20    considered.   The  recordings, if retained by the Board shall
21    be deemed to  be  submitted  at  any  subsequent  hearing  on
22    executive  clemency  or  if  the  State's Attorney submits in
23    writing a declaration clearly identifying  the  recording  as
24    representing  the  present  position of the victim or State's
25    Attorney  regarding  the  issues  to  be  considered  at  the
26    executive clemency hearing.
27        Application for executive clemency under this Section may
28    not be commenced on behalf of a person who has been sentenced
29    to death without the written consent of the defendant, unless
30    the defendant, because of a mental or physical condition,  is
31    incapable of asserting his or her own claim.
32        (d)  Following  a  comprehensive  hearing by the Board as
33    called for in subsection (c), the Governor shall decide  each
34    application  and  communicate his decision to the Board which
 
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 1    shall notify the petitioner.
 2        In the event a petitioner who has  been  convicted  of  a
 3    Class  X  felony is granted a release, after the Governor has
 4    communicated such decision to the Board, the Board shall give
 5    written notice to the Sheriff of the county  from  which  the
 6    offender  was  sentenced  if  such sheriff has requested that
 7    such notice be given on a continuing basis.  In  cases  where
 8    arrest  of the offender or the commission of the offense took
 9    place in any municipality with  a  population  of  more  than
10    10,000  persons,  the Board shall also give written notice to
11    the proper law enforcement agency for said municipality which
12    has requested notice on a continuing basis.
13        (e)  Nothing in this Section shall be construed to  limit
14    the  power  of the Governor under the constitution to grant a
15    reprieve, commutation of sentence, or pardon. No  action  may
16    be taken by the Governor in the absence of a full hearing and
17    report by the Board.
18    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.