Illinois General Assembly - Full Text of HB1237
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Full Text of HB1237  97th General Assembly

HB1237eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1237 EngrossedLRB097 06157 RLC 46231 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, 4.5, and 9 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 and an attorney at the victim's expense.
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 24 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. The content
10of the statement shall be provided to law enforcement by the
11Attorney General. Law enforcement shall also provide a crime
12victim with a sign-off sheet that the victim shall sign and
13date as an acknowledgement that he or she has been furnished
14with information and an explanation of the rights of crime
15victims and compensation set forth in this Act.
16    (c) The Clerk of the Circuit Court shall post the rights of
17crime victims set forth in Article I, Section 8.1(a) of the
18Illinois Constitution and subsection (a) of this Section within
193 feet of the door to any courtroom where criminal proceedings
20are conducted. The clerk may also post the rights in other
21locations in the courthouse.
22    (d) The victim, the State's Attorney, an attorney hired at
23the victim's expense, or an attorney representing the victim
24may assert the victim's rights in the circuit court in which a
25defendant is being prosecuted for the crime or, if no
26prosecution is underway, in the circuit court in the circuit in

 

 

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1which the crime occurred. The court shall take up and decide
2any written or oral motion asserting a victim's right
3forthwith. A motion to re-open a plea or sentence shall be
4granted if:
5        (1) the victim asserted the right to be heard before or
6    during the proceeding at issue and such right was denied;
7        (2) in the case of a plea, the accused has not pleaded
8    to the highest offense charged A statement and explanation
9    of the rights of crime victims set forth in paragraph (a)
10    of this Section shall be given to a crime victim at the
11    initial contact with the criminal justice system by the
12    appropriate authorities and shall be conspicuously posted
13    in all court facilities.
14(Source: P.A. 95-591, eff. 6-1-08.)
 
15    (725 ILCS 120/4.5)
16    Sec. 4.5. Procedures to implement the rights of crime
17victims. To afford crime victims their rights, law enforcement,
18prosecutors, judges and corrections will provide information,
19as appropriate of the following procedures:
20    (a) Law enforcement authorities shall notify the victim of
21the apprehension of an offender and closure of the
22investigation within 24 hours of the event. While the case is
23under investigation, the victim may submit a written request
24for information relating to the status of the investigation
25every 30 days. Law enforcement shall respond to a victim's

 

 

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1request within 10 days, unless the State's Attorney determines
2in writing that disclosure of such information would
3unreasonably interfere with the investigation. A copy of the
4State's Attorney's written determination shall be provided to
5the victim At the request of the crime victim, law enforcement
6authorities investigating the case shall provide notice of the
7status of the investigation, except where the State's Attorney
8determines that disclosure of such information would
9unreasonably interfere with the investigation, until such time
10as the alleged assailant is apprehended or the investigation is
11closed.
12    (b) The office of the State's Attorney:
13        (1) shall provide notice of the filing of information,
14    the return of an indictment by which a prosecution for any
15    violent crime is commenced, or the filing of a petition to
16    adjudicate a minor as a delinquent for a violent crime;
17        (2) shall provide notice of the date, time, and place
18    of trial;
19        (3) or victim advocate personnel shall provide
20    information of social services and financial assistance
21    available for victims of crime, including information of
22    how to apply for these services and assistance;
23        (4) shall assist in having any stolen or other personal
24    property held by law enforcement authorities for
25    evidentiary or other purposes returned as expeditiously as
26    possible, pursuant to the procedures set out in Section

 

 

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1    115-9 of the Code of Criminal Procedure of 1963;
2        (5) or victim advocate personnel shall provide
3    appropriate employer intercession services to ensure that
4    employers of victims will cooperate with the criminal
5    justice system in order to minimize an employee's loss of
6    pay and other benefits resulting from court appearances;
7        (6) shall provide information whenever possible, of a
8    secure waiting area during court proceedings that does not
9    require victims to be in close proximity to defendant or
10    juveniles accused of a violent crime, and their families
11    and friends;
12        (7) shall provide notice to the crime victim of the
13    right to have a translator present at all court proceedings
14    and, in compliance with the federal Americans with
15    Disabilities Act of 1990, the right to communications
16    access through a sign language interpreter or by other
17    means;
18        (8) in the case of the death of a person, which death
19    occurred in the same transaction or occurrence in which
20    acts occurred for which a defendant is charged with an
21    offense, shall notify the spouse, parent, child or sibling
22    of the decedent of the date of the trial of the person or
23    persons allegedly responsible for the death;
24        (9) shall inform the victim of the right to have
25    present at all court proceedings, subject to the rules of
26    evidence, an advocate or other support person of the

 

 

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1    victim's choice, and the right to retain an attorney, at
2    the victim's own expense, who, upon written notice filed
3    with the clerk of the court and State's Attorney, is to
4    receive copies of all notices, motions and court orders
5    filed thereafter in the case, in the same manner as if the
6    victim were a named party in the case;
7        (10) at the sentencing hearing shall make a good faith
8    attempt to explain the minimum amount of time during which
9    the defendant may actually be physically imprisoned. The
10    Office of the State's Attorney shall further notify the
11    crime victim of the right to request from the Prisoner
12    Review Board information concerning the release of the
13    defendant under subparagraph (d)(1) of this Section;
14        (11) shall request restitution at sentencing and shall
15    consider restitution in any plea negotiation, as provided
16    by law; and
17        (12) shall, upon the court entering a verdict of not
18    guilty by reason of insanity, inform the victim of the
19    notification services available from the Department of
20    Human Services, including the statewide telephone number,
21    under subparagraph (d)(2) of this Section.
22    (c) The At the written request of the crime victim, the
23office of the State's Attorney shall:
24        (1) provide notice a reasonable time in advance of the
25    following court proceedings: preliminary hearing, any
26    hearing the effect of which may be the release of defendant

 

 

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1    from custody, or to alter the conditions of bond and the
2    sentencing hearing. The crime victim shall also be notified
3    of the cancellation of the court proceeding in sufficient
4    time, wherever possible, to prevent an unnecessary
5    appearance in court;
6        (2) provide notice within a reasonable time after
7    receipt of notice from the custodian, of the release of the
8    defendant on bail or personal recognizance or the release
9    from detention of a minor who has been detained for a
10    violent crime;
11        (3) explain in nontechnical language the details of any
12    plea or verdict of a defendant, or any adjudication of a
13    juvenile as a delinquent for a violent crime;
14        (4) where practical, consult with the crime victim
15    before the Office of the State's Attorney makes an offer of
16    a plea bargain to the defendant or enters into negotiations
17    with the defendant concerning a possible plea agreement,
18    and shall consider the written victim impact statement, if
19    prepared prior to entering into a plea agreement;
20        (5) provide notice of the ultimate disposition of the
21    cases arising from an indictment or an information, or a
22    petition to have a juvenile adjudicated as a delinquent for
23    a violent crime;
24        (6) provide notice of any appeal taken by the defendant
25    and information on how to contact the appropriate agency
26    handling the appeal;

 

 

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1        (7) provide notice of any request for post-conviction
2    review filed by the defendant under Article 122 of the Code
3    of Criminal Procedure of 1963, and of the date, time and
4    place of any hearing concerning the petition. Whenever
5    possible, notice of the hearing shall be given in advance;
6        (8) forward a copy of any statement presented under
7    Section 6 to the Prisoner Review Board to be considered by
8    the Board in making its determination under subsection (b)
9    of Section 3-3-8 of the Unified Code of Corrections.
10    (d) (1) The Prisoner Review Board shall inform a victim or
11any other concerned citizen, upon written request, of the
12prisoner's release on parole, mandatory supervised release,
13electronic detention, work release, international transfer or
14exchange, or by the custodian of the discharge of any
15individual who was adjudicated a delinquent for a violent crime
16from State custody and by the sheriff of the appropriate county
17of any such person's final discharge from county custody. The
18Prisoner Review Board, upon written request, shall provide to a
19victim or any other concerned citizen a recent photograph of
20any person convicted of a felony, upon his or her release from
21custody. The Prisoner Review Board, upon written request, shall
22inform a victim or any other concerned citizen when feasible at
23least 7 days prior to the prisoner's release on furlough of the
24times and dates of such furlough. The Upon written request by
25the victim or any other concerned citizen, the State's Attorney
26shall notify the person once of the times and dates of release

 

 

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1of a prisoner sentenced to periodic imprisonment. Notification
2shall be based on the most recent information as to victim's or
3other concerned citizen's residence or other location
4available to the notifying authority.
5    (2) When the defendant has been committed to the Department
6of Human Services pursuant to Section 5-2-4 or any other
7provision of the Unified Code of Corrections, the victim shall
8may request to be notified by the releasing authority of the
9approval by the court of an unsupervised on-grounds pass, a
10supervised off-grounds pass or unsupervised off-grounds pass,
11the release on a pass, the return from a pass, a conditional
12release, the release on a pass, an escape, death defendant's
13furloughs, temporary release, or final discharge from State
14custody. The Department of Human Services shall establish and
15maintain a statewide telephone number to be used by victims to
16make notification requests under these provisions and shall
17publicize this telephone number on its website and to the
18State's Attorney of each county.
19    (3) In the event of an escape from State custody, the
20Department of Corrections or the Department of Juvenile Justice
21immediately shall notify the Prisoner Review Board of the
22escape and the Prisoner Review Board shall notify the victim.
23The notification shall be based upon the most recent
24information as to the victim's residence or other location
25available to the Board. When no such information is available,
26the Board shall make all reasonable efforts to obtain the

 

 

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1information and make the notification. When the escapee is
2apprehended, the Department of Corrections or the Department of
3Juvenile Justice immediately shall notify the Prisoner Review
4Board and the Board shall notify the victim.
5    (4) The victim of the crime for which the prisoner has been
6sentenced shall receive reasonable written notice not less than
730 days prior to the parole interview and may submit, in
8writing, on film, videotape or other electronic means or in the
9form of a recording or in person at the parole interview or if
10a victim of a violent crime, by calling the toll-free number
11established in subsection (f) of this Section, information for
12consideration by the Prisoner Review Board. The victim shall be
13notified within 7 days after the prisoner has been granted
14parole and shall be informed of the right to inspect the
15registry of parole decisions, established under subsection (g)
16of Section 3-3-5 of the Unified Code of Corrections. The
17provisions of this paragraph (4) are subject to the Open Parole
18Hearings Act.
19    (5) If a statement is presented under Section 6, the
20Prisoner Review Board shall inform the victim of any order of
21discharge entered by the Board pursuant to Section 3-3-8 of the
22Unified Code of Corrections.
23    (6) At the written request of the victim of the crime for
24which the prisoner was sentenced or the State's Attorney of the
25county where the person seeking parole was prosecuted, the
26Prisoner Review Board shall notify the victim and the State's

 

 

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1Attorney of the county where the person seeking parole was
2prosecuted of the death of the prisoner if the prisoner died
3while on parole or mandatory supervised release.
4    (7) When a defendant who has been committed to the
5Department of Corrections, the Department of Juvenile Justice,
6or the Department of Human Services is released or discharged
7and subsequently committed to the Department of Human Services
8as a sexually violent person and the victim had requested to be
9notified by the releasing authority of the defendant's
10discharge, conditional release, death, or escape from State
11custody, the releasing authority shall provide to the
12Department of Human Services such information that would allow
13the Department of Human Services to contact the victim.
14    (8) When a defendant has been convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act and
16has been sentenced to the Department of Corrections or the
17Department of Juvenile Justice, the Prisoner Review Board shall
18notify the victim of the sex offense of the prisoner's
19eligibility for release on parole, mandatory supervised
20release, electronic detention, work release, international
21transfer or exchange, or by the custodian of the discharge of
22any individual who was adjudicated a delinquent for a sex
23offense from State custody and by the sheriff of the
24appropriate county of any such person's final discharge from
25county custody. The notification shall be made to the victim at
26least 30 days, whenever possible, before release of the sex

 

 

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1offender.
2    (e) The officials named in this Section may satisfy some or
3all of their obligations to provide notices and other
4information through participation in a statewide victim and
5witness notification system established by the Attorney
6General under Section 8.5 of this Act.
7    (f) To permit a victim of a violent crime to provide
8information to the Prisoner Review Board for consideration by
9the Board at a parole hearing of a person who committed the
10crime against the victim in accordance with clause (d)(4) of
11this Section or at a proceeding to determine the conditions of
12mandatory supervised release of a person sentenced to a
13determinate sentence or at a hearing on revocation of mandatory
14supervised release of a person sentenced to a determinate
15sentence, the Board shall establish a toll-free number that may
16be accessed by the victim of a violent crime to present that
17information to the Board.
18(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
1995-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09;
2096-875, eff. 1-22-10.)
 
21    (725 ILCS 120/9)  (from Ch. 38, par. 1408)
22    Sec. 9. This Act does not limit any rights or
23responsibilities otherwise enjoyed by or imposed upon victims
24or witnesses of violent crime, nor does it grant any person a
25cause of action for damages or attorneys fees. Any act of

 

 

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1omission or commission by any law enforcement officer, circuit
2court clerk, or State's Attorney, by the Attorney General, any
3law enforcement officer, circuit court clerk, Prisoner Review
4Board, Department of Corrections, the Department of Juvenile
5Justice, Department of Human Services, or other State agency,
6or private entity under contract pursuant to Section 8, or by
7any employee of any State agency or private entity under
8contract pursuant to Section 8 acting in good faith in
9rendering crime victim's assistance or otherwise enforcing
10this Act shall not impose civil liability upon the individual
11or entity or his or her supervisor or employer. Nothing in this
12Act shall create a basis for vacating a conviction or a ground
13for appellate relief in any criminal case. Failure of the crime
14victim to receive notice as required, however, shall not
15deprive the court of the power to act regarding the proceeding
16before it; nor shall any such failure grant the defendant the
17right to seek a continuance.
18(Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06.)