Illinois General Assembly - Full Text of HB0827
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Full Text of HB0827  98th General Assembly


Rep. Martin J Moylan

Filed: 3/21/2013





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2    AMENDMENT NO. ______. Amend House Bill 827 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Rights of Crime Victims and Witnesses Act
5is 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
8victims. To afford crime victims their rights, law enforcement,
9prosecutors, judges and corrections will provide information,
10as appropriate of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation is



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2    (a-5) When law enforcement authorities re-open a closed
3case to resume investigating, they shall provide notice of the
4re-opening of the case, except where the State's Attorney
5determines that disclosure of such information would
6unreasonably interfere with the investigation.
7    (b) The office of the State's Attorney:
8        (1) shall provide notice of the filing of information,
9    the return of an indictment by which a prosecution for any
10    violent crime is commenced, or the filing of a petition to
11    adjudicate a minor as a delinquent for a violent crime;
12        (2) shall provide notice of the date, time, and place
13    of trial;
14        (3) or victim advocate personnel shall provide
15    information of social services and financial assistance
16    available for victims of crime, including information of
17    how to apply for these services and assistance;
18        (3.5) or victim advocate personnel shall provide
19    information about available victim services, including
20    referrals to programs, counselors, and agencies that
21    assist a victim to deal with trauma, loss, and grief;
22        (4) shall assist in having any stolen or other personal
23    property held by law enforcement authorities for
24    evidentiary or other purposes returned as expeditiously as
25    possible, pursuant to the procedures set out in Section
26    115-9 of the Code of Criminal Procedure of 1963;



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



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1    the victim's own expense, who, upon written notice filed
2    with the clerk of the court and State's Attorney, is to
3    receive copies of all notices, motions and court orders
4    filed thereafter in the case, in the same manner as if the
5    victim were a named party in the case;
6        (9.5) shall inform the victim's spouse, guardian,
7    parent, grandparent, and other immediate family and
8    household members of their rights under Section 6 of this
9    Act to present an impact statement at sentencing; and if a
10    presentence report is to be prepared, shall inform the
11    victim's spouse, guardian, parent, grandparent, and other
12    immediate family and household members of their right to
13    submit information to the preparer of the presentence
14    report about the effect the offense has had on the victim
15    and the person;
16        (10) at the sentencing hearing shall make a good faith
17    attempt to explain the minimum amount of time during which
18    the defendant may actually be physically imprisoned. The
19    Office of the State's Attorney shall further notify the
20    crime victim of the right to request from the Prisoner
21    Review Board information concerning the release of the
22    defendant under subparagraph (d)(1) of this Section;
23        (11) shall request restitution at sentencing and shall
24    consider restitution in any plea negotiation, as provided
25    by law; and
26        (12) shall, upon the court entering a verdict of not



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1    guilty by reason of insanity, inform the victim of the
2    notification services available from the Department of
3    Human Services, including the statewide telephone number,
4    under subparagraph (d)(2) of this Section.
5    (c) At the written request of the crime victim, the office
6of the State's Attorney shall:
7        (1) provide notice a reasonable time in advance of the
8    following court proceedings: preliminary hearing, any
9    hearing the effect of which may be the release of defendant
10    from custody, or to alter the conditions of bond and the
11    sentencing hearing. The crime victim shall also be notified
12    of the cancellation of the court proceeding in sufficient
13    time, wherever possible, to prevent an unnecessary
14    appearance in court;
15        (2) provide notice within a reasonable time after
16    receipt of notice from the custodian, of the release of the
17    defendant on bail or personal recognizance or the release
18    from detention of a minor who has been detained for a
19    violent crime;
20        (3) explain in nontechnical language the details of any
21    plea or verdict of a defendant, or any adjudication of a
22    juvenile as a delinquent for a violent crime;
23        (4) where practical, consult with the crime victim
24    before the Office of the State's Attorney makes an offer of
25    a plea bargain to the defendant or enters into negotiations
26    with the defendant concerning a possible plea agreement,



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



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1Prisoner Review Board, upon written request, shall provide to a
2victim or any other concerned citizen a recent photograph of
3any person convicted of a felony, upon his or her release from
4custody. The Prisoner Review Board, upon written request, shall
5inform a victim or any other concerned citizen when feasible at
6least 7 days prior to the prisoner's release on furlough of the
7times and dates of such furlough. Upon written request by the
8victim or any other concerned citizen, the State's Attorney
9shall notify the person once of the times and dates of release
10of a prisoner sentenced to periodic imprisonment. Notification
11shall be based on the most recent information as to victim's or
12other concerned citizen's residence or other location
13available to the notifying authority.
14    (2) When the defendant has been committed to the Department
15of Human Services pursuant to Section 5-2-4 or any other
16provision of the Unified Code of Corrections, the victim may
17request to be notified by the releasing authority of the
18approval by the court of an on-grounds pass, a supervised
19off-grounds pass, an unsupervised off-grounds pass, or
20conditional release; the release on an off-grounds pass; the
21return from an off-grounds pass; transfer to another facility;
22conditional release; escape; death; or final discharge from
23State custody. The Department of Human Services shall establish
24and maintain a statewide telephone number to be used by victims
25to make notification requests under these provisions and shall
26publicize this telephone number on its website and to the



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1State's Attorney of each county.
2    (3) In the event of an escape from State custody, the
3Department of Corrections or the Department of Juvenile Justice
4immediately shall notify the Prisoner Review Board of the
5escape and the Prisoner Review Board shall notify the victim.
6The notification shall be based upon the most recent
7information as to the victim's residence or other location
8available to the Board. When no such information is available,
9the Board shall make all reasonable efforts to obtain the
10information and make the notification. When the escapee is
11apprehended, the Department of Corrections or the Department of
12Juvenile Justice immediately shall notify the Prisoner Review
13Board and the Board shall notify the victim.
14    (4) The victim of the crime for which the prisoner has been
15sentenced shall receive reasonable written notice not less than
1630 days prior to the parole interview and may submit, in
17writing, on film, videotape or other electronic means or in the
18form of a recording or in person at the parole interview or if
19a victim of a violent crime, by calling the toll-free number
20established in subsection (f) of this Section, information for
21consideration by the Prisoner Review Board. The victim shall be
22notified within 7 days after the prisoner has been granted
23parole and shall be informed of the right to inspect the
24registry of parole decisions, established under subsection (g)
25of Section 3-3-5 of the Unified Code of Corrections. The
26provisions of this paragraph (4) are subject to the Open Parole



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1Hearings Act.
2    (5) If a statement is presented under Section 6, the
3Prisoner Review Board shall inform the victim of any order of
4discharge entered by the Board pursuant to Section 3-3-8 of the
5Unified Code of Corrections.
6    (6) At the written request of the victim of the crime for
7which the prisoner was sentenced or the State's Attorney of the
8county where the person seeking parole was prosecuted, the
9Prisoner Review Board shall notify the victim and the State's
10Attorney of the county where the person seeking parole was
11prosecuted of the death of the prisoner if the prisoner died
12while on parole or mandatory supervised release.
13    (7) When a defendant who has been committed to the
14Department of Corrections, the Department of Juvenile Justice,
15or the Department of Human Services is released or discharged
16and subsequently committed to the Department of Human Services
17as a sexually violent person and the victim had requested to be
18notified by the releasing authority of the defendant's
19discharge, conditional release, death, or escape from State
20custody, the releasing authority shall provide to the
21Department of Human Services such information that would allow
22the Department of Human Services to contact the victim.
23    (8) When a defendant has been convicted of a sex offense as
24defined in Section 2 of the Sex Offender Registration Act and
25has been sentenced to the Department of Corrections or the
26Department of Juvenile Justice, the Prisoner Review Board shall



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



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1(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
297-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12;
397-815, eff. 1-1-13.)
4    Section 10. The Unified Code of Corrections is amended by
5changing Section 5-3-2 as follows:
6    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
7    Sec. 5-3-2. Presentence Report.
8    (a) In felony cases, the presentence report shall set
10        (1) the defendant's history of delinquency or
11    criminality, physical and mental history and condition,
12    family situation and background, economic status,
13    education, occupation and personal habits;
14        (2) information about special resources within the
15    community which might be available to assist the
16    defendant's rehabilitation, including treatment centers,
17    residential facilities, vocational training services,
18    correctional manpower programs, employment opportunities,
19    special educational programs, alcohol and drug abuse
20    programming, psychiatric and marriage counseling, and
21    other programs and facilities which could aid the
22    defendant's successful reintegration into society;
23        (3) the effect the offense committed has had upon the
24    victim or victims thereof, and any compensatory benefit



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1    that various sentencing alternatives would confer on such
2    victim or victims;
3        (3.5) information provided by the victim's spouse,
4    guardian, parent, grandparent, and other immediate family
5    and household members about the effect the offense
6    committed has had on the victim and on the person providing
7    the information; if the victim's spouse, guardian, parent,
8    grandparent, or other immediate family or household member
9    has provided a written statement, the statement shall be
10    attached to the report;
11        (4) information concerning the defendant's status
12    since arrest, including his record if released on his own
13    recognizance, or the defendant's achievement record if
14    released on a conditional pre-trial supervision program;
15        (5) when appropriate, a plan, based upon the personal,
16    economic and social adjustment needs of the defendant,
17    utilizing public and private community resources as an
18    alternative to institutional sentencing;
19        (6) any other matters that the investigatory officer
20    deems relevant or the court directs to be included; and
21        (7) information concerning defendant's eligibility for
22    a sentence to a county impact incarceration program under
23    Section 5-8-1.2 of this Code.
24    (b) The investigation shall include a physical and mental
25examination of the defendant when so ordered by the court. If
26the court determines that such an examination should be made,



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1it shall issue an order that the defendant submit to
2examination at such time and place as designated by the court
3and that such examination be conducted by a physician,
4psychologist or psychiatrist designated by the court. Such an
5examination may be conducted in a court clinic if so ordered by
6the court. The cost of such examination shall be paid by the
7county in which the trial is held.
8    (b-5) In cases involving felony sex offenses in which the
9offender is being considered for probation only or any felony
10offense that is sexually motivated as defined in the Sex
11Offender Management Board Act in which the offender is being
12considered for probation only, the investigation shall include
13a sex offender evaluation by an evaluator approved by the Board
14and conducted in conformance with the standards developed under
15the Sex Offender Management Board Act. In cases in which the
16offender is being considered for any mandatory prison sentence,
17the investigation shall not include a sex offender evaluation.
18    (c) In misdemeanor, business offense or petty offense
19cases, except as specified in subsection (d) of this Section,
20when a presentence report has been ordered by the court, such
21presentence report shall contain information on the
22defendant's history of delinquency or criminality and shall
23further contain only those matters listed in any of paragraphs
24(1) through (6) of subsection (a) or in subsection (b) of this
25Section as are specified by the court in its order for the



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1    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
212-30 of the Criminal Code of 1961 or the Criminal Code of
32012, the presentence report shall set forth information about
4alcohol, drug abuse, psychiatric, and marriage counseling or
5other treatment programs and facilities, information on the
6defendant's history of delinquency or criminality, and shall
7contain those additional matters listed in any of paragraphs
8(1) through (6) of subsection (a) or in subsection (b) of this
9Section as are specified by the court.
10    (e) Nothing in this Section shall cause the defendant to be
11held without bail or to have his bail revoked for the purpose
12of preparing the presentence report or making an examination.
13(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section
14970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff.
157-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".