093_HB0191ham001

 










                                     LRB093 04434 RLC 11867 a

 1                     AMENDMENT TO HOUSE BILL 191

 2        AMENDMENT NO.     .  Amend House Bill 191 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

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

 7        (725 ILCS 120/4.5)
 8        Sec. 4.5.  Procedures to implement the  rights  of  crime
 9    victims.    To   afford   crime  victims  their  rights,  law
10    enforcement, prosecutors, judges and corrections will provide
11    information, as appropriate of the following procedures:
12        (a)  At the request of the crime victim, law  enforcement
13    authorities  investigating  the  case shall provide notice of
14    the status of the investigation,  except  where  the  State's
15    Attorney determines that disclosure of such information would
16    unreasonably  interfere  with  the  investigation, until such
17    time  as  the  alleged  assailant  is  apprehended   or   the
18    investigation is closed.
19        (b)  The office of the State's Attorney:
20             (1)  shall   provide   notice   of   the  filing  of
21        information, the return  of  an  indictment  by  which  a
 
                            -2-      LRB093 04434 RLC 11867 a
 1        prosecution  for  any  violent crime is commenced, or the
 2        filing  of  a  petition  to  adjudicate  a  minor  as   a
 3        delinquent for a violent crime;
 4             (2)  shall  provide  notice  of  the date, time, and
 5        place of trial;
 6             (3)  or  victim  advocate  personnel  shall  provide
 7        information of social services and  financial  assistance
 8        available  for victims of crime, including information of
 9        how to apply for these services and assistance;
10             (4)  shall assist in  having  any  stolen  or  other
11        personal property held by law enforcement authorities for
12        evidentiary  or  other purposes returned as expeditiously
13        as possible,  pursuant  to  the  procedures  set  out  in
14        Section 115-9 of the Code of Criminal Procedure of 1963;
15             (5)  or  victim  advocate  personnel  shall  provide
16        appropriate employer intercession services to ensure that
17        employers  of  victims  will  cooperate with the criminal
18        justice system in order to minimize an employee's loss of
19        pay and other benefits resulting from court appearances;
20             (6)  shall provide information whenever possible, of
21        a secure waiting area during court proceedings that  does
22        not require victims to be in close proximity to defendant
23        or  juveniles  accused  of  a  violent  crime,  and their
24        families and friends;
25             (7)  shall provide notice to the crime victim of the
26        right  to  have  a  translator  present  at   all   court
27        proceedings;
28             (8)  in  the  case  of  the death of a person, which
29        death occurred in the same transaction or  occurrence  in
30        which acts occurred for which a defendant is charged with
31        an  offense,  shall  notify  the spouse, parent, child or
32        sibling of the decedent of the date of the trial  of  the
33        person or persons allegedly responsible for the death;
34             (9)  shall  inform  the  victim of the right to have
 
                            -3-      LRB093 04434 RLC 11867 a
 1        present at all court proceedings, subject to the rules of
 2        evidence, an advocate or  other  support  person  of  the
 3        victim's  choice, and the right to retain an attorney, at
 4        the victim's own expense, who, upon written notice  filed
 5        with  the  clerk of the court and State's Attorney, is to
 6        receive copies of all notices, motions and  court  orders
 7        filed  thereafter  in  the case, in the same manner as if
 8        the victim were a named party in the case; and
 9             (10)  at the sentencing hearing shall  make  a  good
10        faith  attempt  to  explain  the  minimum  amount of time
11        during which the defendant  may  actually  be  physically
12        imprisoned.   The  Office  of  the State's Attorney shall
13        further notify the crime victim of the right  to  request
14        from the Prisoner Review Board information concerning the
15        release  of  the  defendant  under subparagraph (d)(1) of
16        this Section; and
17             (11)  shall request restitution  at  sentencing  and
18        shall  consider  restitution  in any plea negotiation, as
19        provided by law.
20        (c)  At the written request  of  the  crime  victim,  the
21    office of the State's Attorney shall:
22             (1)  provide  notice a reasonable time in advance of
23        the following court proceedings: preliminary hearing, any
24        hearing the  effect  of  which  may  be  the  release  of
25        defendant  from  custody,  or  to alter the conditions of
26        bond and the sentencing hearing.  The crime victim  shall
27        also  be  notified  of  the  cancellation  of  the  court
28        proceeding  in  sufficient  time,  wherever  possible, to
29        prevent an unnecessary appearance in court;
30             (2)  provide notice within a reasonable  time  after
31        receipt  of  notice from the custodian, of the release of
32        the defendant on bail or  personal  recognizance  or  the
33        release  from  detention of a minor who has been detained
34        for a violent crime;
 
                            -4-      LRB093 04434 RLC 11867 a
 1             (3)  explain in nontechnical language the details of
 2        any plea or verdict of a defendant, or  any  adjudication
 3        of a juvenile as a delinquent for a violent crime;
 4             (4)  where  practical, consult with the crime victim
 5        before the Office of the State's Attorney makes an  offer
 6        of  a  plea  bargain  to  the  defendant  or  enters into
 7        negotiations with the  defendant  concerning  a  possible
 8        plea  agreement,  and  shall  consider the written victim
 9        impact statement, if prepared prior to  entering  into  a
10        plea agreement;
11             (5)  provide  notice  of the ultimate disposition of
12        the cases arising from an indictment or  an  information,
13        or  a  petition  to  have  a  juvenile  adjudicated  as a
14        delinquent for a violent crime;
15             (6)  provide notice  of  any  appeal  taken  by  the
16        defendant   and   information   on  how  to  contact  the
17        appropriate agency handling the appeal;
18             (7)  provide   notice    of    any    request    for
19        post-conviction  review  filed  by  the  defendant  under
20        Article  122  of  the Code of Criminal Procedure of 1963,
21        and of the date, time and place of any hearing concerning
22        the petition.  Whenever possible, notice of  the  hearing
23        shall be given in advance;
24             (8)  forward a copy of any statement presented under
25        Section  6  to the Prisoner Review Board to be considered
26        by the Board in making its determination under subsection
27        (b) of Section 3-3-8 of the Unified Code of Corrections.
28        (d) (1)  The Prisoner Review Board shall inform a  victim
29        or  any other concerned citizen, upon written request, of
30        the prisoner's release on  parole,  mandatory  supervised
31        release,  electronic  detention,  work  release or by the
32        custodian of the discharge  of  any  individual  who  was
33        adjudicated  a  delinquent for a violent crime from State
34        custody and by the sheriff of the appropriate  county  of
 
                            -5-      LRB093 04434 RLC 11867 a
 1        any  such  person's  final discharge from county custody.
 2        The Prisoner Review Board, upon  written  request,  shall
 3        provide  to  a  victim  or  any other concerned citizen a
 4        recent photograph of any person convicted  of  a  felony,
 5        upon his or her release from custody. The Prisoner Review
 6        Board, upon written request, shall inform a victim or any
 7        other  concerned  citizen  when  feasible at least 7 days
 8        prior to the prisoner's release on furlough of the  times
 9        and  dates of such furlough.  Upon written request by the
10        victim  or  any  other  concerned  citizen,  the  State's
11        Attorney shall notify the person once of  the  times  and
12        dates  of  release  of  a  prisoner sentenced to periodic
13        imprisonment.  Notification shall be based  on  the  most
14        recent  information  as  to  victim's  or other concerned
15        citizen's residence or other location  available  to  the
16        notifying  authority.  For purposes of this paragraph (1)
17        of subsection (d), "concerned citizen" includes relatives
18        of the victim, friends of the victim,  witnesses  to  the
19        crime,  or any other person associated with the victim or
20        prisoner.
21             (2)  When the defendant has been  committed  to  the
22        Department of Human Services pursuant to Section 5-2-4 or
23        any  other  provision of the Unified Code of Corrections,
24        the victim may request to be notified  by  the  releasing
25        authority   of   the  defendant's  discharge  from  State
26        custody.
27             (3)  In the event of an escape from  State  custody,
28        the  Department  of  Corrections immediately shall notify
29        the Prisoner Review Board of the escape and the  Prisoner
30        Review  Board  shall notify the victim.  The notification
31        shall be based upon the most recent information as to the
32        victim's residence or other  location  available  to  the
33        Board.   When no such information is available, the Board
34        shall  make  all  reasonable  efforts   to   obtain   the
 
                            -6-      LRB093 04434 RLC 11867 a
 1        information  and make the notification.  When the escapee
 2        is apprehended, the Department of Corrections immediately
 3        shall notify the Prisoner  Review  Board  and  the  Board
 4        shall notify the victim.
 5             (4)  The  victim of the crime for which the prisoner
 6        has  been  sentenced  shall  receive  reasonable  written
 7        notice not less than 15 days prior to the parole  hearing
 8        and  may  submit, in writing, on film, videotape or other
 9        electronic means or in the form  of  a  recording  or  in
10        person   at   the   parole   hearing,   information   for
11        consideration  by  the Prisoner Review Board.  The victim
12        shall be notified within 7 days after  the  prisoner  has
13        been granted parole and shall be informed of the right to
14        inspect  the  registry  of  parole decisions, established
15        under subsection (g) of Section 3-3-5 of the Unified Code
16        of Corrections.  The provisions of this paragraph (4) are
17        subject to the Open Parole Hearings Act.
18             (5)  If a statement is presented  under  Section  6,
19        the  Prisoner Review Board shall inform the victim of any
20        order of discharge  entered  by  the  Board  pursuant  to
21        Section 3-3-8 of the Unified Code of Corrections.
22             (6)  At  the  written  request  of the victim of the
23        crime for which the prisoner was sentenced, the  Prisoner
24        Review  Board shall notify the victim of the death of the
25        prisoner  if  the  prisoner  died  while  on  parole   or
26        mandatory supervised release.
27             (7)  When  a defendant who has been committed to the
28        Department of Corrections  or  the  Department  of  Human
29        Services  is  released  or  discharged  and  subsequently
30        committed  to  the  Department  of  Human  Services  as a
31        sexually violent person and the victim had  requested  to
32        be notified by the releasing authority of the defendant's
33        discharge  from  State  custody,  the releasing authority
34        shall provide to the Department of  Human  Services  such
 
                            -7-      LRB093 04434 RLC 11867 a
 1        information  that  would  allow  the  Department of Human
 2        Services to contact the victim.
 3        (d-5)  If the prisoner has filed a petition for executive
 4    clemency  under  Section  3-3-13  of  the  Unified  Code   of
 5    Corrections,  the  Prisoner  Review  Board shall give written
 6    notice and forward a copy of the petition to  the  victim  of
 7    the  crime for which the prisoner has been sentenced and upon
 8    written request notify any other concerned citizen as defined
 9    in paragraph (1) of this Section at least 15 days before  the
10    executive  clemency  hearing of the date of the hearing.  The
11    victim  and  any  other  concerned  citizen  may  submit,  in
12    writing, on film, videotape, or other electronic means or  in
13    the  form  of  a recording or in person at the parole hearing
14    relevant information for consideration by the Prisoner Review
15    Board.
16        The  victim  may  waive   the   15-day   written   notice
17    requirement.   In  the  case  of  an  emergency where 15 days
18    written notice is not practicable, the 15-day written  notice
19    requirement may be waived by the Board or the Governor.
20        If the Board of Governor waives the 15-day written notice
21    requirement,  the  reason  for  such  waiver  must be clearly
22    stated on the record at the hearing and must be  included  in
23    the  Board's  Report  to  the  Governor.   The  fact that the
24    Governor's term in office or the term of any  member  of  the
25    Board  is  expiring  shall not be, in and of itself, cause to
26    waive the 15-day written notice requirement.
27        (e)  The officials named in this Section may satisfy some
28    or all of their obligations  to  provide  notices  and  other
29    information  through  participation in a statewide victim and
30    witness  notification  system  established  by  the  Attorney
31    General under Section 8.5 of this Act.
32    (Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
33    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)
 
                            -8-      LRB093 04434 RLC 11867 a
 1        Section  10.   The Unified Code of Corrections is amended
 2    by changing Section 3-3-13 as follows:

 3        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
 4        Sec. 3-3-13.  Procedure for Executive Clemency.
 5        (a)  Petitions seeking pardon, commutation,  or  reprieve
 6    shall  be  addressed  to  the  Governor  and  filed  with the
 7    Prisoner Review Board.  The petition shall be in writing  and
 8    signed  by  the person under conviction or by a person on his
 9    behalf. It shall contain a brief history  of  the  case,  the
10    reasons  for  seeking  executive clemency, and other relevant
11    information the Board may require.
12        (a-5)  After a petition has been denied by the  Governor,
13    the  Board  may  not  accept  a repeat petition for executive
14    clemency for the same person until one full year has  elapsed
15    from  the  date of the denial.  The Chairman of the Board may
16    waive the one-year requirement if the  petitioner  offers  in
17    writing   new   information   that  was  unavailable  to  the
18    petitioner at the time of the filing of  the  prior  petition
19    and  which  the  Chairman  determines to be significant.  The
20    Chairman also may waive the one-year waiting  period  if  the
21    petitioner  can  show  that  a  change  in circumstances of a
22    compelling humanitarian nature has arisen since the denial of
23    the prior petition.
24        (b)  Notice of the proposed application shall be given by
25    the Board to the committing court and the state's attorney of
26    the county where the conviction was had.
27        (c)  The Board shall, if requested and upon  due  notice,
28    give  a  hearing to each application, allowing representation
29    by counsel, if desired, after which it  shall  confidentially
30    advise   the   Governor   by   a   written   report   of  its
31    recommendations which shall be determined by  majority  vote.
32    The  Board shall also advise the Governor by a written report
33    of its recommendations determined by  majority  vote  in  any
 
                            -9-      LRB093 04434 RLC 11867 a
 1    case in which no hearing is requested.  The written report of
 2    the  Board  shall  contain a statement outlining the sentence
 3    that would be in effect if a commutation  is  granted  for  a
 4    person  sentenced  to death. The Board shall meet to consider
 5    such petitions no less than 4 times each year.   The  hearing
 6    shall  be  sufficiently  comprehensive  to  ensure  that  the
 7    interests of the victim, the defendant, and the People of the
 8    State  of  Illinois  are  protected.  Regardless of whether a
 9    hearing is requested, the Board must issue its written report
10    advising the Governor of its recommendations  no  later  than
11    120  days  after  the  filing of a petition seeking a pardon,
12    commutation, or reprieve.
13        (c-5)  In  making  its  recommendations  on  a   petition
14    seeking  a  pardon, commutation, or reprieve, the Board shall
15    consider, but not be limited to:
16             (1)  any material transmitted to the  Department  by
17        the  clerk of the committing court under Section 5-4-1 or
18        Section 5-10 of the Juvenile Court Act or  Section  5-750
19        of the Juvenile Court Act of 1987;
20             (2)  a  report, if submitted, under Section 3-8-2 or
21        3-10-2;
22             (3)  any report by the Department and any report  by
23        the  chief  administrative  officer of the institution or
24        facility;
25             (4)  any parole progress report;
26             (5)  any  medical  and  psychological   report,   if
27        requested by the Board;
28             (6)  in  addition  to  any live testimony submitted,
29        any material in writing or on film, video tape, or  other
30        electronic  means in the form of a recording submitted by
31        the person whose petition for executive clemency is being
32        considered; and
33             (7)  in addition to any  live  testimony  submitted,
34        any  material in writing or on film, video tape, or other
 
                            -10-     LRB093 04434 RLC 11867 a
 1        electronic means in the form of a recording or  testimony
 2        submitted  by  the  State's  Attorney,  the  victim, or a
 3        concerned citizen pursuant to the Rights of Crime Victims
 4        and Witnesses Act.
 5        (c-6)  The prosecuting State's  Attorney's  office  shall
 6    receive reasonable written notice not less than 15 days prior
 7    to  the  executive  clemency  hearing and may submit relevant
 8    information in writing, or  on  film,  video  tape  or  other
 9    electronic  means  or in the form of a recording to the Board
10    for its consideration.  The State's Attorney  may  waive  the
11    15-day  written  notice  requirement.   In  the  case  of  an
12    emergency  where  15 days' written notice is not practicable,
13    the 15-day written notice requirement may also be  waived  by
14    either the Board or the Governor.
15        (c-7)  The victim of the crime for which the prisoner has
16    been  sentenced shall receive notice of an executive clemency
17    hearing as provided in subsection (d-5) of Section 4.5 of the
18    Rights of Crime Victims and Witnesses Act.
19        Any recording considered under the provisions  of  clause
20    (c-5)(6),  (c-5)(7), or (c-6) of this Section shall be in the
21    form designated by the Board. The recording shall  be  either
22    visual  or  aural.   Every  voice on the recording and person
23    present shall be identified and the recording  shall  contain
24    either  a  visual or aural statement of the person submitting
25    the recording, the date of the recording and the name of  the
26    person   whose  petition  for  executive  clemency  is  being
27    considered.  The recordings, if retained by the  Board  shall
28    be  deemed  to  be  submitted  at  any  subsequent hearing on
29    executive clemency or if  the  State's  Attorney  submits  in
30    writing  a  declaration  clearly identifying the recording as
31    representing the present position of the  victim  or  State's
32    Attorney  regarding  the  issues  to  be  considered  at  the
33    executive clemency hearing.
34        Application for executive clemency under this Section may
 
                            -11-     LRB093 04434 RLC 11867 a
 1    not be commenced on behalf of a person who has been sentenced
 2    to death without the written consent of the defendant, unless
 3    the  defendant, because of a mental or physical condition, is
 4    incapable of asserting his or her own claim.
 5        (d)  The  Governor  shall  decide  each  application  and
 6    communicate his decision to the Board which shall notify  the
 7    petitioner.
 8        In  the  event  a  petitioner who has been convicted of a
 9    Class X felony is granted a release, after the  Governor  has
10    communicated such decision to the Board, the Board shall give
11    written  notice  to  the Sheriff of the county from which the
12    offender was sentenced if such  sheriff  has  requested  that
13    such  notice  be  given on a continuing basis. In cases where
14    arrest of the offender or the commission of the offense  took
15    place  in  any  municipality  with  a population of more than
16    10,000 persons, the Board shall also give written  notice  to
17    the proper law enforcement agency for said municipality which
18    has requested notice on a continuing basis.
19        (e)  No  action  may  be  taken  by  the  Governor in the
20    absence of a report by the Board,  unless  (1)  the  Governor
21    finds  that action is required in the absence of a report due
22    to the existence of exigent circumstances, or (2)  the  Board
23    has failed to issue a report within 120 days of the filing of
24    the  petition, as required by subsection (c) of this Section.
25    Any exigent circumstances relied upon by the  Governor  shall
26    be identified in the Governor's order granting clemency.  The
27    fact  that the Governor's term in office is ending shall not,
28    in and of itself, qualify  as  an  exigent  circumstance  for
29    purposes  of  this Section.  Nothing in this Section shall be
30    construed to limit  the  power  of  the  Governor  under  the
31    constitution to grant a reprieve, commutation of sentence, or
32    pardon.
33    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
 
                            -12-     LRB093 04434 RLC 11867 a
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.".