Full Text of HB1237 97th General Assembly
HB1237ham001 97TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1237
| 2 | | AMENDMENT NO. ______. Amend House Bill 1237 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Police Training Act is amended by | 5 | | changing 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 | 8 | | adopt rules and
minimum standards for such schools which shall | 9 | | include but not be limited to
the following:
| 10 | | a. The curriculum for probationary police officers which | 11 | | shall be
offered by all certified schools shall include but not | 12 | | be limited to
courses of arrest, search and seizure, civil | 13 | | rights, human relations,
cultural
diversity, including racial | 14 | | and ethnic sensitivity,
criminal law, law of criminal | 15 | | procedure, vehicle and traffic law including
uniform and | 16 | | non-discriminatory enforcement of the Illinois Vehicle Code,
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| 1 | | traffic control and accident investigation, techniques of | 2 | | obtaining
physical evidence, court testimonies, statements, | 3 | | reports, firearms
training, first-aid (including | 4 | | cardiopulmonary resuscitation), handling of
juvenile | 5 | | offenders, recognition of
mental conditions which require | 6 | | immediate assistance and methods to
safeguard and provide | 7 | | assistance to a person in need of mental
treatment, law of | 8 | | evidence, the hazards of high-speed police vehicle
chases with | 9 | | an emphasis on alternatives to the high-speed chase, and
| 10 | | physical training. The curriculum shall include specific | 11 | | training in
techniques for immediate response to and | 12 | | investigation of cases of domestic
violence and of sexual | 13 | | assault of adults and children. The curriculum shall include
| 14 | | training in techniques designed to promote effective
| 15 | | communication at the initial contact with crime victims and | 16 | | ways to comprehensively
explain to victims and witnesses their | 17 | | rights under the Rights
of Crime Victims and Witnesses Act and | 18 | | the Crime
Victims Compensation Act. The curriculum shall also | 19 | | include a block of instruction aimed at identifying and | 20 | | interacting with persons with autism and other developmental | 21 | | disabilities, reducing barriers to reporting crimes against | 22 | | persons with autism, and addressing the unique challenges | 23 | | presented by cases involving victims or witnesses with autism | 24 | | and other developmental disabilities. The curriculum for
| 25 | | permanent police officers shall include but not be limited to | 26 | | (1) refresher
and in-service training in any of the courses |
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| 1 | | listed above in this
subparagraph, (2) advanced courses in any | 2 | | of the subjects listed above in
this subparagraph, (3) training | 3 | | for supervisory personnel, and (4)
specialized training in | 4 | | subjects and fields to be selected by the board.
| 5 | | b. Minimum courses of study, attendance requirements and | 6 | | equipment
requirements.
| 7 | | c. Minimum requirements for instructors.
| 8 | | d. Minimum basic training requirements, which a | 9 | | probationary police
officer must satisfactorily complete | 10 | | before being eligible for permanent
employment as a local law | 11 | | enforcement officer for a participating local
governmental | 12 | | agency. Those requirements shall include training in first aid
| 13 | | (including cardiopulmonary resuscitation).
| 14 | | e. Minimum basic training requirements, which a | 15 | | probationary county
corrections officer must satisfactorily | 16 | | complete before being eligible for
permanent employment as a | 17 | | county corrections officer for a participating
local | 18 | | governmental agency.
| 19 | | f. Minimum basic training requirements which a | 20 | | probationary court
security officer must satisfactorily | 21 | | complete before being eligible for
permanent employment as a | 22 | | court security officer for a participating local
governmental | 23 | | agency. The Board shall
establish those training requirements | 24 | | which it considers appropriate for court
security officers and | 25 | | shall certify schools to conduct that training.
| 26 | | A person hired to serve as a court security officer must |
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| 1 | | obtain from the
Board a certificate (i) attesting to his or her | 2 | | successful completion of the
training course; (ii) attesting to | 3 | | his or her satisfactory
completion of a training program of | 4 | | similar content and number of hours that
has been found | 5 | | acceptable by the Board under the provisions of this Act; or
| 6 | | (iii) attesting to the Board's determination that the training
| 7 | | course is unnecessary because of the person's extensive prior | 8 | | law enforcement
experience.
| 9 | | Individuals who currently serve as court security officers | 10 | | shall be deemed
qualified to continue to serve in that capacity | 11 | | so long as they are certified
as provided by this Act within 24 | 12 | | months of the effective date of this
amendatory Act of 1996. | 13 | | Failure to be so certified, absent a waiver from the
Board, | 14 | | shall cause the officer to forfeit his or her position.
| 15 | | All individuals hired as court security officers on or | 16 | | after the effective
date of this amendatory Act of 1996 shall | 17 | | be certified within 12 months of the
date of their hire, unless | 18 | | a waiver has been obtained by the Board, or they
shall forfeit | 19 | | their positions.
| 20 | | The Sheriff's Merit Commission, if one exists, or the | 21 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 22 | | shall maintain a list of all
individuals who have filed | 23 | | applications to become court security officers and
who meet the | 24 | | eligibility requirements established under this Act. Either
| 25 | | the Sheriff's Merit Commission, or the Sheriff's Office if no | 26 | | Sheriff's Merit
Commission exists, shall establish a schedule |
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| 1 | | of reasonable intervals for
verification of the applicants' | 2 | | qualifications under
this Act and as established by the Board.
| 3 | | (Source: P.A. 95-171, eff. 1-1-08.)
| 4 | | Section 10. The Rights of Crime Victims and Witnesses Act | 5 | | is amended by changing Sections 4, 4.5, and 9 as follows:
| 6 | | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| 7 | | Sec. 4. Rights of crime victims.
| 8 | | (a) Crime victims shall have the following rights:
| 9 | | (1) The right to be treated with fairness and respect | 10 | | for their dignity
and privacy throughout the criminal | 11 | | justice process.
| 12 | | (2) The right to notification of court proceedings.
| 13 | | (3) The right to communicate with the prosecution.
| 14 | | (4) The right to make a statement to the court at | 15 | | sentencing.
| 16 | | (5) The right to information about the conviction, | 17 | | sentence, imprisonment
and release of the accused.
| 18 | | (6) The right to the timely disposition of the case | 19 | | following the arrest
of the accused.
| 20 | | (7) The right to be reasonably protected from the | 21 | | accused through the
criminal justice process.
| 22 | | (8) The right to be present at the trial and all other | 23 | | court proceedings
on the same basis as the accused , unless | 24 | | the victim is to testify and the court
determines that the |
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| 1 | | victim's testimony would be materially affected if the
| 2 | | victim hears other testimony at the trial .
| 3 | | (9) the right to have present at all court proceedings, | 4 | | including proceedings under the Juvenile Court Act of 1987, | 5 | | subject to the admonition of the rules of confidentiality | 6 | | and subject to the
rules of evidence, a victim-witness | 7 | | specialist, an advocate or other support person of the | 8 | | victim's choice and an attorney at the victim's expense .
| 9 | | (10) The right to restitution.
| 10 | | (b) Any law enforcement agency that investigates an offense | 11 | | committed in this State shall provide a crime victim with a | 12 | | written statement and explanation of the rights of crime | 13 | | victims within 24 hours of law enforcement's initial contact | 14 | | with a victim. The statement shall include information about | 15 | | crime victim compensation, including how to contact the Office | 16 | | of the Illinois Attorney General to file a claim. The content | 17 | | of the statement shall be provided to law enforcement by the | 18 | | Attorney General. Law enforcement shall also provide a crime | 19 | | victim with a sign-off sheet that the victim shall sign and | 20 | | date as an acknowledgement that he or she has been furnished | 21 | | with information and an explanation of the rights of crime | 22 | | victims and compensation set forth in this Act. | 23 | | (c) The Clerk of the Circuit Court shall post the rights of | 24 | | crime victims set forth in Article I, Section 8.1(a) of the | 25 | | Illinois Constitution and subsection (a) of this Section within | 26 | | 3 feet of the door to any courtroom where criminal proceedings |
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| 1 | | are conducted. The clerk may also post the rights in other | 2 | | locations in the courthouse. | 3 | | (d) The victim, the State's Attorney, an attorney hired at | 4 | | the victim's expense, or an attorney representing the victim | 5 | | may assert the victim's rights in
the circuit court in which a | 6 | | defendant is being prosecuted for the crime or, if no | 7 | | prosecution is underway, in the circuit court in the circuit in | 8 | | which the crime occurred. The court shall take up and decide | 9 | | any written or oral motion asserting a victim's right | 10 | | forthwith. A
motion to re-open a plea or sentence shall be | 11 | | granted if: | 12 | | (1) the victim asserted the right to be heard before or | 13 | | during the proceeding at issue and such right was denied; | 14 | | (2) in the case of a plea, the accused has not pleaded | 15 | | to the highest offense charged A statement and explanation | 16 | | of the rights of crime victims set forth in paragraph (a) | 17 | | of this Section shall be given to a crime victim at the | 18 | | initial
contact with the criminal justice system by the | 19 | | appropriate authorities and shall be conspicuously posted | 20 | | in all court facilities .
| 21 | | (Source: P.A. 95-591, eff. 6-1-08 .)
| 22 | | (725 ILCS 120/4.5)
| 23 | | Sec. 4.5. Procedures to implement the rights of crime | 24 | | victims. To afford
crime victims their rights, law enforcement, | 25 | | prosecutors, judges and
corrections will provide information, |
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| 1 | | as appropriate of the following
procedures:
| 2 | | (a) Law enforcement authorities shall notify the victim of | 3 | | the apprehension of an offender and closure of the | 4 | | investigation within 24 hours of the event. While the case is | 5 | | under investigation, the victim may submit a written request | 6 | | for information relating to the status of the investigation | 7 | | every 30 days. Law enforcement shall respond to a victim's | 8 | | request within 10 days, unless the State's Attorney determines | 9 | | in writing that disclosure of such information would | 10 | | unreasonably interfere with the investigation. A copy of the | 11 | | State's Attorney's written determination shall be provided to | 12 | | the victim At the request of the crime victim, law enforcement | 13 | | authorities
investigating the case shall provide notice of the | 14 | | status of the investigation,
except where the State's Attorney | 15 | | determines that disclosure of such
information would | 16 | | unreasonably interfere with the investigation, until such
time | 17 | | as the alleged assailant is apprehended or the investigation is | 18 | | closed .
| 19 | | (b) The office of the State's Attorney:
| 20 | | (1) shall provide notice of the filing of information, | 21 | | the return of an
indictment by which a prosecution for any | 22 | | violent crime is commenced, or the
filing of a petition to | 23 | | adjudicate a minor as a delinquent for a violent
crime;
| 24 | | (2) shall provide notice of the date, time, and place | 25 | | of trial;
| 26 | | (3) or victim advocate personnel shall provide |
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| 1 | | information of social
services and financial assistance | 2 | | available for victims of crime, including
information of | 3 | | how to apply for these services and assistance;
| 4 | | (4) shall assist in having any stolen or other personal | 5 | | property held by
law enforcement authorities for | 6 | | evidentiary or other purposes returned as
expeditiously as | 7 | | possible, pursuant to the procedures set out in Section | 8 | | 115-9
of the Code of Criminal Procedure of 1963;
| 9 | | (5) or victim advocate personnel shall provide | 10 | | appropriate employer
intercession services to ensure that | 11 | | employers of victims will cooperate with
the criminal | 12 | | justice system in order to minimize an employee's loss of | 13 | | pay and
other benefits resulting from court appearances;
| 14 | | (6) shall provide information whenever possible, of a | 15 | | secure waiting
area during court proceedings that does not | 16 | | require victims to be in close
proximity to defendant or | 17 | | juveniles accused of a violent crime, and their
families | 18 | | and friends;
| 19 | | (7) shall provide notice to the crime victim of the | 20 | | right to have a
translator present at all court proceedings | 21 | | and, in compliance with the federal Americans
with | 22 | | Disabilities Act of 1990, the right to communications | 23 | | access through a
sign language interpreter or by other | 24 | | means;
| 25 | | (8) in the case of the death of a person, which death | 26 | | occurred in the same
transaction or occurrence in which |
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| 1 | | acts occurred for which a defendant is
charged with an | 2 | | offense, shall notify the spouse, parent, child or sibling | 3 | | of
the decedent of the date of the trial of the person or | 4 | | persons allegedly
responsible for the death;
| 5 | | (9) shall inform the victim of the right to have | 6 | | present at all court
proceedings, subject to the rules of | 7 | | evidence, an advocate or other support
person of the | 8 | | victim's choice, and the right to retain an attorney , at | 9 | | the
victim's own expense, who, upon written notice filed | 10 | | with the clerk of the
court and State's Attorney, is to | 11 | | receive copies of all notices, motions and
court orders | 12 | | filed thereafter in the case, in the same manner as if the | 13 | | victim
were a named party in the case;
| 14 | | (10) at the sentencing hearing shall make a good faith | 15 | | attempt to explain
the minimum amount of time during which | 16 | | the defendant may actually be
physically imprisoned. The | 17 | | Office of the State's Attorney shall further notify
the | 18 | | crime victim of the right to request from the Prisoner | 19 | | Review Board
information concerning the release of the | 20 | | defendant under subparagraph (d)(1)
of this Section;
| 21 | | (11) shall request restitution at sentencing and shall | 22 | | consider
restitution in any plea negotiation, as provided | 23 | | by law; and
| 24 | | (12) shall, upon the court entering a verdict of not | 25 | | guilty by reason of insanity, inform the victim of the | 26 | | notification services available from the Department of |
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| 1 | | Human Services, including the statewide telephone number, | 2 | | under subparagraph (d)(2) of this Section. | 3 | | (c) The At the written request of the crime victim, the | 4 | | office of the State's
Attorney shall:
| 5 | | (1) provide notice a reasonable time in advance of the | 6 | | following court
proceedings: preliminary hearing, any | 7 | | hearing the effect of which may be the
release of defendant | 8 | | from custody, or to alter the conditions of bond and the
| 9 | | sentencing hearing. The crime victim shall also be notified | 10 | | of the
cancellation of the court proceeding in sufficient | 11 | | time, wherever possible, to
prevent an unnecessary | 12 | | appearance in court;
| 13 | | (2) provide notice within a reasonable time after | 14 | | receipt of notice from
the custodian, of the release of the | 15 | | defendant on bail or personal recognizance
or the release | 16 | | from detention of a minor who has been detained for a | 17 | | violent
crime;
| 18 | | (3) explain in nontechnical language the details of any | 19 | | plea or verdict of
a defendant, or any adjudication of a | 20 | | juvenile as a delinquent for a violent
crime;
| 21 | | (4) where practical, consult with the crime victim | 22 | | before the Office of
the State's Attorney makes an offer of | 23 | | a plea bargain to the defendant or
enters into negotiations | 24 | | with the defendant concerning a possible plea
agreement, | 25 | | and shall consider the written victim impact statement, if | 26 | | prepared
prior to entering into a plea agreement;
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| 1 | | (5) provide notice of the ultimate disposition of the | 2 | | cases arising from
an indictment or an information, or a | 3 | | petition to have a juvenile adjudicated
as a delinquent for | 4 | | a violent crime;
| 5 | | (6) provide notice of any appeal taken by the defendant | 6 | | and information
on how to contact the appropriate agency | 7 | | handling the appeal;
| 8 | | (7) provide notice of any request for post-conviction | 9 | | review filed by the
defendant under Article 122 of the Code | 10 | | of Criminal Procedure of 1963, and of
the date, time and | 11 | | place of any hearing concerning the petition. Whenever
| 12 | | possible, notice of the hearing 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 by | 15 | | the Board in making its determination
under subsection (b) | 16 | | of Section 3-3-8 of the Unified Code of Corrections.
| 17 | | (d) (1) The Prisoner Review Board shall inform a victim or | 18 | | any other
concerned citizen , upon written request, of the | 19 | | prisoner's release on parole,
mandatory supervised release, | 20 | | electronic detention, work release, international transfer or | 21 | | exchange, or by the
custodian of the discharge of any | 22 | | individual who was adjudicated a delinquent
for a violent crime | 23 | | from State custody and by the sheriff of the appropriate
county | 24 | | of any such person's final discharge from county custody.
The | 25 | | Prisoner Review Board , upon written request, shall provide to a | 26 | | victim or
any other concerned citizen a recent photograph of |
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| 1 | | any person convicted of a
felony, upon his or her release from | 2 | | custody.
The Prisoner
Review Board , upon written request, shall | 3 | | inform a victim or any other
concerned citizen when feasible at | 4 | | least 7 days prior to the prisoner's release
on furlough of the | 5 | | times and dates of such furlough. The Upon written request by
| 6 | | the victim or any other concerned citizen, the State's Attorney | 7 | | shall notify
the person once of the times and dates of release | 8 | | of a prisoner sentenced to
periodic imprisonment. Notification | 9 | | shall be based on the most recent
information as to victim's or | 10 | | other concerned citizen's residence or other
location | 11 | | available to the notifying authority.
| 12 | | (2) When the defendant has been committed to the Department | 13 | | of
Human Services pursuant to Section 5-2-4 or any other
| 14 | | provision of the Unified Code of Corrections, the victim shall | 15 | | may request to be
notified by the releasing authority of the | 16 | | approval by the court of an unsupervised on-grounds pass, a | 17 | | supervised off-grounds pass or unsupervised off-grounds pass, | 18 | | the release on a pass, the return from a pass, a conditional | 19 | | release, the release on a pass, an escape, death defendant's | 20 | | furloughs, temporary release , or final discharge from State
| 21 | | custody. The Department of Human Services shall establish and | 22 | | maintain a statewide telephone number to be used by victims to | 23 | | make notification requests under these provisions and shall | 24 | | publicize this telephone number on its website and to the | 25 | | State's Attorney of each county.
| 26 | | (3) In the event of an escape from State custody, the |
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| 1 | | Department of
Corrections or the Department of Juvenile Justice | 2 | | immediately shall notify the Prisoner Review Board of the | 3 | | escape
and the Prisoner Review Board shall notify the victim. | 4 | | The notification shall
be based upon the most recent | 5 | | information as to the victim's residence or other
location | 6 | | available to the Board. When no such information is available, | 7 | | the
Board shall make all reasonable efforts to obtain the | 8 | | information and make
the notification. When the escapee is | 9 | | apprehended, the Department of
Corrections or the Department of | 10 | | Juvenile Justice immediately shall notify the Prisoner Review | 11 | | Board and the Board
shall notify the victim.
| 12 | | (4) The victim of the crime for which the prisoner has been | 13 | | sentenced
shall receive reasonable written notice not less than | 14 | | 30 days prior to the
parole interview and may submit, in | 15 | | writing, on film, videotape or other
electronic means or in the | 16 | | form of a recording or in person at the parole
interview
or if | 17 | | a victim of a violent crime, by calling the
toll-free number | 18 | | established in subsection (f) of this Section, information
for
| 19 | | consideration by the Prisoner Review Board. The
victim shall be | 20 | | notified within 7 days after the prisoner has been granted
| 21 | | parole and shall be informed of the right to inspect the | 22 | | registry of parole
decisions, established under subsection (g) | 23 | | of Section 3-3-5 of the Unified
Code of Corrections. The | 24 | | provisions of this paragraph (4) are subject to the
Open Parole | 25 | | Hearings Act.
| 26 | | (5) If a statement is presented under Section 6, the |
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| 1 | | Prisoner Review Board
shall inform the victim of any order of | 2 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 3 | | Unified Code of Corrections.
| 4 | | (6) At the written request of the victim of the crime for | 5 | | which the
prisoner was sentenced or the State's Attorney of the | 6 | | county where the person seeking parole was prosecuted, the | 7 | | Prisoner Review Board shall notify the victim and the State's | 8 | | Attorney of the county where the person seeking parole was | 9 | | prosecuted of
the death of the prisoner if the prisoner died | 10 | | while on parole or mandatory
supervised release.
| 11 | | (7) When a defendant who has been committed to the | 12 | | Department of
Corrections, the Department of Juvenile Justice, | 13 | | or the Department of Human Services is released or discharged | 14 | | and
subsequently committed to the Department of Human Services | 15 | | as a sexually
violent person and the victim had requested to be | 16 | | notified by the releasing
authority of the defendant's | 17 | | discharge , conditional release, death, or escape from State | 18 | | custody, the releasing
authority shall provide to the | 19 | | Department of Human Services such information
that would allow | 20 | | the Department of Human Services to contact the victim.
| 21 | | (8) When a defendant has been convicted of a sex offense as | 22 | | defined in Section 2 of the Sex Offender Registration Act and | 23 | | has been sentenced to the Department of Corrections or the | 24 | | Department of Juvenile Justice, the Prisoner Review Board shall | 25 | | notify the victim of the sex offense of the prisoner's | 26 | | eligibility for release on parole,
mandatory supervised |
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| 1 | | release, electronic detention, work release, international | 2 | | transfer or exchange, or by the
custodian of the discharge of | 3 | | any individual who was adjudicated a delinquent
for a sex | 4 | | offense from State custody and by the sheriff of the | 5 | | appropriate
county of any such person's final discharge from | 6 | | county custody. The notification shall be made to the victim at | 7 | | least 30 days, whenever possible, before release of the sex | 8 | | offender. | 9 | | (e) The officials named in this Section may satisfy some or | 10 | | all of their
obligations to provide notices and other | 11 | | information through participation in a
statewide victim and | 12 | | witness notification system established by the Attorney
| 13 | | General under Section 8.5 of this Act.
| 14 | | (f) To permit a victim of a violent crime to provide | 15 | | information to the
Prisoner Review Board for consideration by | 16 | | the
Board at a parole hearing of a person who committed the | 17 | | crime against
the victim in accordance with clause (d)(4) of | 18 | | this Section or at a proceeding
to determine the conditions of | 19 | | mandatory supervised release of a person
sentenced to a | 20 | | determinate sentence or at a hearing on revocation of mandatory
| 21 | | supervised release of a person sentenced to a determinate | 22 | | sentence, the Board
shall establish a toll-free number that may | 23 | | be accessed by the victim of
a violent crime to present that | 24 | | information to the Board.
| 25 | | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 26 | | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; |
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| 1 | | 96-875, eff. 1-22-10.)
| 2 | | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| 3 | | Sec. 9. This Act does not limit any rights or | 4 | | responsibilities otherwise
enjoyed by or imposed upon victims | 5 | | or witnesses of violent crime , nor does it
grant any person a | 6 | | cause of action for damages or attorneys fees . Any act of
| 7 | | omission or commission by any law enforcement officer, circuit | 8 | | court clerk,
or
State's
Attorney, by the Attorney General, any | 9 | | law enforcement officer, circuit court clerk, Prisoner Review | 10 | | Board, Department of
Corrections,
the Department of Juvenile | 11 | | Justice, Department of Human Services, or other State agency, | 12 | | or private entity under
contract pursuant to Section 8, or by | 13 | | any employee of any
State agency or private entity under | 14 | | contract pursuant to Section 8 acting
in good faith in | 15 | | rendering crime victim's assistance or
otherwise enforcing | 16 | | this Act shall not impose civil liability upon the
individual | 17 | | or entity or his or her supervisor or employer. Nothing in this | 18 | | Act
shall create a basis for vacating a conviction or a ground | 19 | | for appellate relief
in any criminal case. Failure of the crime | 20 | | victim to receive notice as
required , however, shall not | 21 | | deprive the court of the power to act regarding
the proceeding | 22 | | before it; nor shall any such failure grant the defendant the
| 23 | | right to seek a continuance.
| 24 | | (Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)".
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