Rep. Justin Slaughter

Filed: 3/14/2019





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2    AMENDMENT NO. ______. Amend House Bill 3584 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 Sections 4.5 and 6 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 reopen re-open a
3closed case to resume investigating, they shall provide notice
4of the reopening re-opening of the case, except where the
5State's Attorney determines that disclosure of such
6information would unreasonably interfere with the
8    (b) The office of the State's Attorney:
9        (1) shall provide notice of the filing of an
10    information, the return of an indictment, or the filing of
11    a petition to adjudicate a minor as a delinquent for a
12    violent crime;
13        (2) shall provide timely notice of the date, time, and
14    place of court proceedings; of any change in the date,
15    time, and place of court proceedings; and of any
16    cancellation of court proceedings. Notice shall be
17    provided in sufficient time, wherever possible, for the
18    victim to make arrangements to attend or to prevent an
19    unnecessary appearance at court proceedings;
20        (3) or victim advocate personnel shall provide
21    information of social services and financial assistance
22    available for victims of crime, including information of
23    how to apply for these services and assistance;
24        (3.5) or victim advocate personnel shall provide
25    information about available victim services, including
26    referrals to programs, counselors, and agencies that



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1    assist a victim to deal with trauma, loss, and grief;
2        (4) shall assist in having any stolen or other personal
3    property held by law enforcement authorities for
4    evidentiary or other purposes returned as expeditiously as
5    possible, pursuant to the procedures set out in Section
6    115-9 of the Code of Criminal Procedure of 1963;
7        (5) or victim advocate personnel shall provide
8    appropriate employer intercession services to ensure that
9    employers of victims will cooperate with the criminal
10    justice system in order to minimize an employee's loss of
11    pay and other benefits resulting from court appearances;
12        (6) shall provide, whenever possible, a secure waiting
13    area during court proceedings that does not require victims
14    to be in close proximity to defendants or juveniles accused
15    of a violent crime, and their families and friends;
16        (7) shall provide notice to the crime victim of the
17    right to have a translator present at all court proceedings
18    and, in compliance with the federal Americans with
19    Disabilities Act of 1990, the right to communications
20    access through a sign language interpreter or by other
21    means;
22        (8) (blank);
23        (8.5) shall inform the victim of the right to be
24    present at all court proceedings, unless the victim is to
25    testify and the court determines that the victim's
26    testimony would be materially affected if the victim hears



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1    other testimony at trial;
2        (9) shall inform the victim of the right to have
3    present at all court proceedings, subject to the rules of
4    evidence and confidentiality, an advocate and other
5    support person of the victim's choice;
6        (9.3) shall inform the victim of the right to retain an
7    attorney, at the victim's own expense, who, upon written
8    notice filed with the clerk of the court and State's
9    Attorney, is to receive copies of all notices, motions, and
10    court orders filed thereafter in the case, in the same
11    manner as if the victim were a named party in the case;
12        (9.5) shall inform the victim of (A) the victim's right
13    under Section 6 of this Act to make a statement at the
14    sentencing hearing; (B) the right of the victim's spouse,
15    guardian, parent, grandparent, and other immediate family
16    and household members under Section 6 of this Act to
17    present a statement at sentencing; and (C) if a presentence
18    report is to be prepared, the right of the victim's spouse,
19    guardian, parent, grandparent, and other immediate family
20    and household members to submit information to the preparer
21    of the presentence report about the effect the offense has
22    had on the victim and the person;
23        (10) at the sentencing shall make a good faith attempt
24    to explain the minimum amount of time during which the
25    defendant may actually be physically imprisoned. The
26    Office of the State's Attorney shall further notify the



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1    crime victim of the right to request from the Prisoner
2    Review Board or Department of Juvenile Justice information
3    concerning the release of the defendant;
4        (11) shall request restitution at sentencing and as
5    part of a plea agreement if the victim requests
6    restitution;
7        (12) shall, upon the court entering a verdict of not
8    guilty by reason of insanity, inform the victim of the
9    notification services available from the Department of
10    Human Services, including the statewide telephone number,
11    under subparagraph (d)(2) of this Section;
12        (13) shall provide notice within a reasonable time
13    after receipt of notice from the custodian, of the release
14    of the defendant on bail or personal recognizance or the
15    release from detention of a minor who has been detained;
16        (14) shall explain in nontechnical language the
17    details of any plea or verdict of a defendant, or any
18    adjudication of a juvenile as a delinquent;
19        (15) shall make all reasonable efforts to consult with
20    the crime victim before the Office of the State's Attorney
21    makes an offer of a plea bargain to the defendant or enters
22    into negotiations with the defendant concerning a possible
23    plea agreement, and shall consider the written statement,
24    if prepared prior to entering into a plea agreement. The
25    right to consult with the prosecutor does not include the
26    right to veto a plea agreement or to insist the case go to



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1    trial. If the State's Attorney has not consulted with the
2    victim prior to making an offer or entering into plea
3    negotiations with the defendant, the Office of the State's
4    Attorney shall notify the victim of the offer or the
5    negotiations within 2 business days and confer with the
6    victim;
7        (16) shall provide notice of the ultimate disposition
8    of the cases arising from an indictment or an information,
9    or a petition to have a juvenile adjudicated as a
10    delinquent for a violent crime;
11        (17) shall provide notice of any appeal taken by the
12    defendant and information on how to contact the appropriate
13    agency handling the appeal, and how to request notice of
14    any hearing, oral argument, or decision of an appellate
15    court;
16        (18) shall provide timely notice of any request for
17    post-conviction review filed by the defendant under
18    Article 122 of the Code of Criminal Procedure of 1963, and
19    of the date, time and place of any hearing concerning the
20    petition. Whenever possible, notice of the hearing shall be
21    given within 48 hours of the court's scheduling of the
22    hearing; and
23        (19) shall forward a copy of any statement presented
24    under Section 6 to the Prisoner Review Board or Department
25    of Juvenile Justice to be considered in making a
26    determination under Section 3-2.5-85 or subsection (b) of



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1    Section 3-3-8 of the Unified Code of Corrections.
2    (c) The court shall ensure that the rights of the victim
3are afforded.
4    (c-5) The following procedures shall be followed to afford
5victims the rights guaranteed by Article I, Section 8.1 of the
6Illinois Constitution:
7        (1) Written notice. A victim may complete a written
8    notice of intent to assert rights on a form prepared by the
9    Office of the Attorney General and provided to the victim
10    by the State's Attorney. The victim may at any time provide
11    a revised written notice to the State's Attorney. The
12    State's Attorney shall file the written notice with the
13    court. At the beginning of any court proceeding in which
14    the right of a victim may be at issue, the court and
15    prosecutor shall review the written notice to determine
16    whether the victim has asserted the right that may be at
17    issue.
18        (2) Victim's retained attorney. A victim's attorney
19    shall file an entry of appearance limited to assertion of
20    the victim's rights. Upon the filing of the entry of
21    appearance and service on the State's Attorney and the
22    defendant, the attorney is to receive copies of all
23    notices, motions and court orders filed thereafter in the
24    case.
25        (3) Standing. The victim has standing to assert the
26    rights enumerated in subsection (a) of Article I, Section



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1    8.1 of the Illinois Constitution and the statutory rights
2    under Section 4 of this Act in any court exercising
3    jurisdiction over the criminal case. The prosecuting
4    attorney, a victim, or the victim's retained attorney may
5    assert the victim's rights. The defendant in the criminal
6    case has no standing to assert a right of the victim in any
7    court proceeding, including on appeal.
8        (4) Assertion of and enforcement of rights.
9            (A) The prosecuting attorney shall assert a
10        victim's right or request enforcement of a right by
11        filing a motion or by orally asserting the right or
12        requesting enforcement in open court in the criminal
13        case outside the presence of the jury. The prosecuting
14        attorney shall consult with the victim and the victim's
15        attorney regarding the assertion or enforcement of a
16        right. If the prosecuting attorney decides not to
17        assert or enforce a victim's right, the prosecuting
18        attorney shall notify the victim or the victim's
19        attorney in sufficient time to allow the victim or the
20        victim's attorney to assert the right or to seek
21        enforcement of a right.
22            (B) If the prosecuting attorney elects not to
23        assert a victim's right or to seek enforcement of a
24        right, the victim or the victim's attorney may assert
25        the victim's right or request enforcement of a right by
26        filing a motion or by orally asserting the right or



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1        requesting enforcement in open court in the criminal
2        case outside the presence of the jury.
3            (C) If the prosecuting attorney asserts a victim's
4        right or seeks enforcement of a right, and the court
5        denies the assertion of the right or denies the request
6        for enforcement of a right, the victim or victim's
7        attorney may file a motion to assert the victim's right
8        or to request enforcement of the right within 10 days
9        of the court's ruling. The motion need not demonstrate
10        the grounds for a motion for reconsideration. The court
11        shall rule on the merits of the motion.
12            (D) The court shall take up and decide any motion
13        or request asserting or seeking enforcement of a
14        victim's right without delay, unless a specific time
15        period is specified by law or court rule. The reasons
16        for any decision denying the motion or request shall be
17        clearly stated on the record.
18        (5) Violation of rights and remedies.
19            (A) If the court determines that a victim's right
20        has been violated, the court shall determine the
21        appropriate remedy for the violation of the victim's
22        right by hearing from the victim and the parties,
23        considering all factors relevant to the issue, and then
24        awarding appropriate relief to the victim.
25            (A-5) Consideration of an issue of a substantive
26        nature or an issue that implicates the constitutional



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1        or statutory right of a victim at a court proceeding
2        labeled as a status hearing shall constitute a per se
3        violation of a victim's right.
4            (B) The appropriate remedy shall include only
5        actions necessary to provide the victim the right to
6        which the victim was entitled and may include reopening
7        previously held proceedings; however, in no event
8        shall the court vacate a conviction. Any remedy shall
9        be tailored to provide the victim an appropriate remedy
10        without violating any constitutional right of the
11        defendant. In no event shall the appropriate remedy be
12        a new trial, damages, or costs.
13        (6) Right to be heard. Whenever a victim has the right
14    to be heard, the court shall allow the victim to exercise
15    the right in any reasonable manner the victim chooses.
16        (7) Right to attend trial. A party must file a written
17    motion to exclude a victim from trial at least 60 days
18    prior to the date set for trial. The motion must state with
19    specificity the reason exclusion is necessary to protect a
20    constitutional right of the party, and must contain an
21    offer of proof. The court shall rule on the motion within
22    30 days. If the motion is granted, the court shall set
23    forth on the record the facts that support its finding that
24    the victim's testimony will be materially affected if the
25    victim hears other testimony at trial.
26        (8) Right to have advocate and support person present



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1    at court proceedings.
2            (A) A party who intends to call an advocate as a
3        witness at trial must seek permission of the court
4        before the subpoena is issued. The party must file a
5        written motion at least 90 days before trial that sets
6        forth specifically the issues on which the advocate's
7        testimony is sought and an offer of proof regarding (i)
8        the content of the anticipated testimony of the
9        advocate; and (ii) the relevance, admissibility, and
10        materiality of the anticipated testimony. The court
11        shall consider the motion and make findings within 30
12        days of the filing of the motion. If the court finds by
13        a preponderance of the evidence that: (i) the
14        anticipated testimony is not protected by an absolute
15        privilege; and (ii) the anticipated testimony contains
16        relevant, admissible, and material evidence that is
17        not available through other witnesses or evidence, the
18        court shall issue a subpoena requiring the advocate to
19        appear to testify at an in camera hearing. The
20        prosecuting attorney and the victim shall have 15 days
21        to seek appellate review before the advocate is
22        required to testify at an ex parte in camera
23        proceeding.
24            The prosecuting attorney, the victim, and the
25        advocate's attorney shall be allowed to be present at
26        the ex parte in camera proceeding. If, after conducting



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1        the ex parte in camera hearing, the court determines
2        that due process requires any testimony regarding
3        confidential or privileged information or
4        communications, the court shall provide to the
5        prosecuting attorney, the victim, and the advocate's
6        attorney a written memorandum on the substance of the
7        advocate's testimony. The prosecuting attorney, the
8        victim, and the advocate's attorney shall have 15 days
9        to seek appellate review before a subpoena may be
10        issued for the advocate to testify at trial. The
11        presence of the prosecuting attorney at the ex parte in
12        camera proceeding does not make the substance of the
13        advocate's testimony that the court has ruled
14        inadmissible subject to discovery.
15            (B) If a victim has asserted the right to have a
16        support person present at the court proceedings, the
17        victim shall provide the name of the person the victim
18        has chosen to be the victim's support person to the
19        prosecuting attorney, within 60 days of trial. The
20        prosecuting attorney shall provide the name to the
21        defendant. If the defendant intends to call the support
22        person as a witness at trial, the defendant must seek
23        permission of the court before a subpoena is issued.
24        The defendant must file a written motion at least 45
25        days prior to trial that sets forth specifically the
26        issues on which the support person will testify and an



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1        offer of proof regarding: (i) the content of the
2        anticipated testimony of the support person; and (ii)
3        the relevance, admissibility, and materiality of the
4        anticipated testimony.
5            If the prosecuting attorney intends to call the
6        support person as a witness during the State's
7        case-in-chief, the prosecuting attorney shall inform
8        the court of this intent in the response to the
9        defendant's written motion. The victim may choose a
10        different person to be the victim's support person. The
11        court may allow the defendant to inquire about matters
12        outside the scope of the direct examination during
13        cross-examination cross examination. If the court
14        allows the defendant to do so, the support person shall
15        be allowed to remain in the courtroom after the support
16        person has testified. A defendant who fails to question
17        the support person about matters outside the scope of
18        direct examination during the State's case-in-chief
19        waives the right to challenge the presence of the
20        support person on appeal. The court shall allow the
21        support person to testify if called as a witness in the
22        defendant's case-in-chief or the State's rebuttal.
23            If the court does not allow the defendant to
24        inquire about matters outside the scope of the direct
25        examination, the support person shall be allowed to
26        remain in the courtroom after the support person has



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1        been called by the defendant or the defendant has
2        rested. The court shall allow the support person to
3        testify in the State's rebuttal.
4            If the prosecuting attorney does not intend to call
5        the support person in the State's case-in-chief, the
6        court shall verify with the support person whether the
7        support person, if called as a witness, would testify
8        as set forth in the offer of proof. If the court finds
9        that the support person would testify as set forth in
10        the offer of proof, the court shall rule on the
11        relevance, materiality, and admissibility of the
12        anticipated testimony. If the court rules the
13        anticipated testimony is admissible, the court shall
14        issue the subpoena. The support person may remain in
15        the courtroom after the support person testifies and
16        shall be allowed to testify in rebuttal.
17            If the court excludes the victim's support person
18        during the State's case-in-chief, the victim shall be
19        allowed to choose another support person to be present
20        in court.
21            If the victim fails to designate a support person
22        within 60 days of trial and the defendant has
23        subpoenaed the support person to testify at trial, the
24        court may exclude the support person from the trial
25        until the support person testifies. If the court
26        excludes the support person the victim may choose



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1        another person as a support person.
2        (9) Right to notice and hearing before disclosure of
3    confidential or privileged information or records. A
4    defendant who seeks to subpoena records of or concerning
5    the victim that are confidential or privileged by law must
6    seek permission of the court before the subpoena is issued.
7    The defendant must file a written motion and an offer of
8    proof regarding the relevance, admissibility and
9    materiality of the records. If the court finds by a
10    preponderance of the evidence that: (A) the records are not
11    protected by an absolute privilege and (B) the records
12    contain relevant, admissible, and material evidence that
13    is not available through other witnesses or evidence, the
14    court shall issue a subpoena requiring a sealed copy of the
15    records be delivered to the court to be reviewed in camera.
16    If, after conducting an in camera review of the records,
17    the court determines that due process requires disclosure
18    of any portion of the records, the court shall provide
19    copies of what it intends to disclose to the prosecuting
20    attorney and the victim. The prosecuting attorney and the
21    victim shall have 30 days to seek appellate review before
22    the records are disclosed to the defendant. The disclosure
23    of copies of any portion of the records to the prosecuting
24    attorney does not make the records subject to discovery.
25        (10) Right to notice of court proceedings. If the
26    victim is not present at a court proceeding in which a



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1    right of the victim is at issue, the court shall ask the
2    prosecuting attorney whether the victim was notified of the
3    time, place, and purpose of the court proceeding and that
4    the victim had a right to be heard at the court proceeding.
5    If the court determines that timely notice was not given or
6    that the victim was not adequately informed of the nature
7    of the court proceeding, the court shall not rule on any
8    substantive issues, accept a plea, or impose a sentence and
9    shall continue the hearing for the time necessary to notify
10    the victim of the time, place and nature of the court
11    proceeding. The time between court proceedings shall not be
12    attributable to the State under Section 103-5 of the Code
13    of Criminal Procedure of 1963.
14        (11) Right to timely disposition of the case. A victim
15    has the right to timely disposition of the case so as to
16    minimize the stress, cost, and inconvenience resulting
17    from the victim's involvement in the case. Before ruling on
18    a motion to continue trial or other court proceeding, the
19    court shall inquire into the circumstances for the request
20    for the delay and, if the victim has provided written
21    notice of the assertion of the right to a timely
22    disposition, and whether the victim objects to the delay.
23    If the victim objects, the prosecutor shall inform the
24    court of the victim's objections. If the prosecutor has not
25    conferred with the victim about the continuance, the
26    prosecutor shall inform the court of the attempts to



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1    confer. If the court finds the attempts of the prosecutor
2    to confer with the victim were inadequate to protect the
3    victim's right to be heard, the court shall give the
4    prosecutor at least 3 but not more than 5 business days to
5    confer with the victim. In ruling on a motion to continue,
6    the court shall consider the reasons for the requested
7    continuance, the number and length of continuances that
8    have been granted, the victim's objections and procedures
9    to avoid further delays. If a continuance is granted over
10    the victim's objection, the court shall specify on the
11    record the reasons for the continuance and the procedures
12    that have been or will be taken to avoid further delays.
13        (12) Right to Restitution.
14            (A) If the victim has asserted the right to
15        restitution and the amount of restitution is known at
16        the time of sentencing, the court shall enter the
17        judgment of restitution at the time of sentencing.
18            (B) If the victim has asserted the right to
19        restitution and the amount of restitution is not known
20        at the time of sentencing, the prosecutor shall, within
21        5 days after sentencing, notify the victim what
22        information and documentation related to restitution
23        is needed and that the information and documentation
24        must be provided to the prosecutor within 45 days after
25        sentencing. Failure to timely provide information and
26        documentation related to restitution shall be deemed a



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1        waiver of the right to restitution. The prosecutor
2        shall file and serve within 60 days after sentencing a
3        proposed judgment for restitution and a notice that
4        includes information concerning the identity of any
5        victims or other persons seeking restitution, whether
6        any victim or other person expressly declines
7        restitution, the nature and amount of any damages
8        together with any supporting documentation, a
9        restitution amount recommendation, and the names of
10        any co-defendants and their case numbers. Within 30
11        days after receipt of the proposed judgment for
12        restitution, the defendant shall file any objection to
13        the proposed judgment, a statement of grounds for the
14        objection, and a financial statement. If the defendant
15        does not file an objection, the court may enter the
16        judgment for restitution without further proceedings.
17        If the defendant files an objection and either party
18        requests a hearing, the court shall schedule a hearing.
19        (13) Access to presentence reports.
20            (A) The victim may request a copy of the
21        presentence report prepared under the Unified Code of
22        Corrections from the State's Attorney. The State's
23        Attorney shall redact the following information before
24        providing a copy of the report:
25                (i) the defendant's mental history and
26            condition;



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1                (ii) any evaluation prepared under subsection
2            (b) or (b-5) of Section 5-3-2; and
3                (iii) the name, address, phone number, and
4            other personal information about any other victim.
5            (B) The State's Attorney or the defendant may
6        request the court redact other information in the
7        report that may endanger the safety of any person.
8            (C) The State's Attorney may orally disclose to the
9        victim any of the information that has been redacted if
10        there is a reasonable likelihood that the information
11        will be stated in court at the sentencing.
12            (D) The State's Attorney must advise the victim
13        that the victim must maintain the confidentiality of
14        the report and other information. Any dissemination of
15        the report or information that was not stated at a
16        court proceeding constitutes indirect criminal
17        contempt of court.
18        (14) Appellate relief. If the trial court denies the
19    relief requested, the victim, the victim's attorney, or the
20    prosecuting attorney may file an appeal within 30 days of
21    the trial court's ruling. The trial or appellate court may
22    stay the court proceedings if the court finds that a stay
23    would not violate a constitutional right of the defendant.
24    If the appellate court denies the relief sought, the
25    reasons for the denial shall be clearly stated in a written
26    opinion. In any appeal in a criminal case, the State may



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1    assert as error the court's denial of any crime victim's
2    right in the proceeding to which the appeal relates.
3        (15) Limitation on appellate relief. In no case shall
4    an appellate court provide a new trial to remedy the
5    violation of a victim's right.
6        (16) The right to be reasonably protected from the
7    accused throughout the criminal justice process and the
8    right to have the safety of the victim and the victim's
9    family considered in denying or fixing the amount of bail,
10    determining whether to release the defendant, and setting
11    conditions of release after arrest and conviction. A victim
12    of domestic violence, a sexual offense, or stalking may
13    request the entry of a protective order under Article 112A
14    of the Code of Criminal Procedure of 1963.
15    (d)(1) The Prisoner Review Board shall inform a victim or
16any other concerned citizen, upon written request, of the
17prisoner's release on parole, mandatory supervised release,
18electronic detention, work release, international transfer or
19exchange, or by the custodian, other than the Department of
20Juvenile Justice, of the discharge of any individual who was
21adjudicated a delinquent for a crime from State custody and by
22the sheriff of the appropriate county of any such person's
23final discharge from county custody. The Prisoner Review Board,
24upon written request, shall provide to a victim or any other
25concerned citizen a recent photograph of any person convicted
26of a felony, upon his or her release from custody. The Prisoner



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



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1immediately shall notify the Prisoner Review Board of the
2escape and the Prisoner Review Board shall notify the victim.
3The notification shall be based upon the most recent
4information as to the victim's residence or other location
5available to the Board. When no such information is available,
6the Board shall make all reasonable efforts to obtain the
7information and make the notification. When the escapee is
8apprehended, the Department of Corrections or the Department of
9Juvenile Justice immediately shall notify the Prisoner Review
10Board and the Board shall notify the victim.
11    (4) The victim of the crime for which the prisoner has been
12sentenced shall receive reasonable written notice not less than
1330 days prior to the parole hearing or target aftercare release
14date and may submit, in writing, on film, videotape, or other
15electronic means or in the form of a recording prior to the
16parole hearing or target aftercare release date or in person at
17the parole hearing or aftercare release protest hearing or if a
18victim of a violent crime, by calling the toll-free number
19established in subsection (f) of this Section, information for
20consideration by the Prisoner Review Board or Department of
21Juvenile Justice. The victim shall be notified within 7 days
22after the prisoner has been granted parole or aftercare release
23and shall be informed of the right to inspect the registry of
24parole decisions, established under subsection (g) of Section
253-3-5 of the Unified Code of Corrections. The provisions of
26this paragraph (4) are subject to the Open Parole Hearings Act.



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1Victim impact statements received by the Board shall be
2confidential and privileged.
3    (5) If a statement is presented under Section 6, the
4Prisoner Review Board or Department of Juvenile Justice shall
5inform the victim of any order of discharge pursuant to Section
63-2.5-85 or 3-3-8 of the Unified Code of Corrections.
7    (6) At the written or oral request of the victim of the
8crime for which the prisoner was sentenced or the State's
9Attorney of the county where the person seeking parole or
10aftercare release was prosecuted, the Prisoner Review Board or
11Department of Juvenile Justice shall notify the victim and the
12State's Attorney of the county where the person seeking parole
13or aftercare release was prosecuted of the death of the
14prisoner if the prisoner died while on parole or aftercare
15release or mandatory supervised release.
16    (7) When a defendant who has been committed to the
17Department of Corrections, the Department of Juvenile Justice,
18or the Department of Human Services is released or discharged
19and subsequently committed to the Department of Human Services
20as a sexually violent person and the victim had requested to be
21notified by the releasing authority of the defendant's
22discharge, conditional release, death, or escape from State
23custody, the releasing authority shall provide to the
24Department of Human Services such information that would allow
25the Department of Human Services to contact the victim.
26    (8) When a defendant has been convicted of a sex offense as



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1defined in Section 2 of the Sex Offender Registration Act and
2has been sentenced to the Department of Corrections or the
3Department of Juvenile Justice, the Prisoner Review Board or
4the Department of Juvenile Justice shall notify the victim of
5the sex offense of the prisoner's eligibility for release on
6parole, aftercare release, mandatory supervised release,
7electronic detention, work release, international transfer or
8exchange, or by the custodian of the discharge of any
9individual who was adjudicated a delinquent for a sex offense
10from State custody and by the sheriff of the appropriate county
11of any such person's final discharge from county custody. The
12notification shall be made to the victim at least 30 days,
13whenever possible, before release of the sex offender.
14    (e) The officials named in this Section may satisfy some or
15all of their obligations to provide notices and other
16information through participation in a statewide victim and
17witness notification system established by the Attorney
18General under Section 8.5 of this Act.
19    (f) To permit a crime victim of a violent crime to provide
20information to the Prisoner Review Board or the Department of
21Juvenile Justice for consideration by the Board or Department
22at a parole hearing or before an aftercare release decision of
23a person who committed the crime against the victim in
24accordance with clause (d)(4) of this Section or at a
25proceeding to determine the conditions of mandatory supervised
26release of a person sentenced to a determinate sentence or at a



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1hearing on revocation of mandatory supervised release of a
2person sentenced to a determinate sentence, the Board shall
3establish a toll-free number that may be accessed by the victim
4of a violent crime to present that information to the Board.
5(Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17;
6100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)
7    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
8    Sec. 6. Right to be heard at sentencing.
9    (a) A crime victim shall be allowed to present an oral or
10written statement in any case in which a defendant has been
11convicted of a violent crime or a juvenile has been adjudicated
12delinquent for a violent crime after a bench or jury trial, or
13a defendant who was charged with a violent crime and has been
14convicted under a plea agreement of a crime that is not a
15violent crime as defined in subsection (c) of Section 3 of this
16Act. The court shall allow a victim to make an oral statement
17if the victim is present in the courtroom and requests to make
18an oral statement. An oral statement includes the victim or a
19representative of the victim reading the written statement. The
20court may allow persons impacted by the crime who are not
21victims under subsection (a) of Section 3 of this Act to
22present an oral or written statement. A victim and any person
23making an oral statement shall not be put under oath or subject
24to cross-examination. The court shall consider any statement
25presented along with all other appropriate factors in



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1determining the sentence of the defendant or disposition of
2such juvenile.
3    (a-1) In any case where a defendant has been convicted of a
4violation of any statute, ordinance, or regulation relating to
5the operation or use of motor vehicles, the use of streets and
6highways by pedestrians or the operation of any other wheeled
7or tracked vehicle, except parking violations, if the violation
8resulted in great bodily harm or death, the person who suffered
9great bodily harm, the injured person's representative, or the
10representative of a deceased person shall be entitled to notice
11of the sentencing hearing. "Representative" includes the
12spouse, guardian, grandparent, or other immediate family or
13household member of an injured or deceased person. The injured
14person or his or her representative and a representative of the
15deceased person shall have the right to address the court
16regarding the impact that the defendant's criminal conduct has
17had upon them. If more than one representative of an injured or
18deceased person is present in the courtroom at the time of
19sentencing, the court has discretion to permit one or more of
20the representatives to present an oral impact statement. A
21victim and any person making an oral statement shall not be put
22under oath or subject to cross-examination. The court shall
23consider any impact statement presented along with all other
24appropriate factors in determining the sentence of the
26    (a-5) A crime victim shall be allowed to present an oral



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1and written victim impact statement at a hearing ordered by the
2court under the Mental Health and Developmental Disabilities
3Code to determine if the defendant is: (1) in need of mental
4health services on an inpatient basis; (2) in need of mental
5health services on an outpatient basis; or (3) not in need of
6mental health services, unless the defendant was under 18 years
7of age at the time the offense was committed. The court shall
8allow a victim to make an oral impact statement if the victim
9is present in the courtroom and requests to make an oral
10statement. An oral statement includes the victim or a
11representative of the victim reading the written impact
12statement. The court may allow persons impacted by the crime
13who are not victims under subsection (a) of Section 3 of this
14Act, to present an oral or written statement. A victim and any
15person making an oral statement shall not be put under oath or
16subject to cross-examination. The court may only consider the
17impact statement along with all other appropriate factors in
18determining the: (1) threat of serious physical harm posed
19poised by the respondent to himself or herself, or to another
20person; (2) location of inpatient or outpatient mental health
21services ordered by the court, but only after complying with
22all other applicable administrative, rule, and statutory
23requirements; (3) maximum period of commitment for inpatient
24mental health services; and (4) conditions of release for
25outpatient mental health services ordered by the court.
26    (b) The crime victim has the right to prepare a victim



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1impact statement and present it to the Office of the State's
2Attorney at any time during the proceedings. Any written victim
3impact statement submitted to the Office of the State's
4Attorney shall be considered by the court during its
5consideration of aggravation and mitigation in plea
6proceedings under Supreme Court Rule 402.
7    (b-5) The crime victim has the right to register with the
8Prisoner Review Board's victim registry. The crime victim has
9the right to submit a victim impact statement to the Board for
10consideration at hearings as provided in the Open Parole
11Hearings Act or at an executive clemency hearing as provided in
12Section 3-3-13 of the Unified Code of Corrections. Victim
13impact statements received by the Board shall be confidential
14and privileged.
15    (c) This Section shall apply to any victims during any
16dispositional hearing under Section 5-705 of the Juvenile Court
17Act of 1987 which takes place pursuant to an adjudication or
18trial or plea of delinquency for any such offense.
19    (d) If any provision of this Section or its application to
20any person or circumstance is held invalid, the invalidity of
21that provision does not affect any other provision or
22application of this Section that can be given effect without
23the invalid provision or application.
24(Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19;
25revised 10-3-18.)



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1    Section 10. The Unified Code of Corrections is amended by
2changing Sections 3-3-4 and 3-3-13 as follows:
3    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
4    Sec. 3-3-4. Preparation for parole hearing.
5    (a) The Prisoner Review Board shall consider the parole of
6each eligible person committed to the Department of Corrections
7at least 30 days prior to the date he or she shall first become
8eligible for parole.
9    (b) A person eligible for parole shall, no less than 15
10days in advance of his or her parole interview, prepare a
11parole plan in accordance with the rules of the Prisoner Review
12Board. The person shall be assisted in preparing his or her
13parole plan by personnel of the Department of Corrections, and
14may, for this purpose, be released on furlough under Article
1511. The Department shall also provide assistance in obtaining
16information and records helpful to the individual for his or
17her parole hearing. If the person eligible for parole has a
18petition or any written submissions prepared on his or her
19behalf by an attorney or other representative, the attorney or
20representative for the person eligible for parole must serve by
21certified mail the State's Attorney of the county where he or
22she was prosecuted with the petition or any written submissions
2315 days after his or her parole interview. The State's Attorney
24shall provide the attorney for the person eligible for parole
25with a copy of his or her letter in opposition to parole via



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1certified mail within 5 business days of the en banc hearing.
2    (c) Any member of the Board shall have access at all
3reasonable times to any committed person and to his or her
4master record file within the Department, and the Department
5shall furnish such a report to the Board concerning the conduct
6and character of any such person prior to his or her parole
8    (d) In making its determination of parole, the Board shall
10        (1) (blank);
11        (2) the report under Section 3-8-2 or 3-10-2;
12        (3) a report by the Department and any report by the
13    chief administrative officer of the institution or
14    facility;
15        (4) a parole progress report;
16        (5) a medical and psychological report, if requested by
17    the Board;
18        (6) material in writing, or on film, video tape or
19    other electronic means in the form of a recording submitted
20    by the person whose parole is being considered;
21        (7) material in writing, or on film, video tape or
22    other electronic means in the form of a recording or
23    testimony submitted by the State's Attorney and the victim
24    or a concerned citizen pursuant to the Rights of Crime
25    Victims and Witnesses Act; and
26        (8) the person's eligibility for commitment under the



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1    Sexually Violent Persons Commitment Act.
2    (e) The prosecuting State's Attorney's office shall
3receive from the Board reasonable written notice not less than
430 days prior to the parole interview and may submit relevant
5information by oral argument or testimony of victims and
6concerned citizens, or both, in writing, or on film, video tape
7or other electronic means or in the form of a recording to the
8Board for its consideration. Upon written request of the
9State's Attorney's office, the Prisoner Review Board shall hear
10protests to parole, except in counties of 1,500,000 or more
11inhabitants where there shall be standing objections to all
12such petitions. If a State's Attorney who represents a county
13of less than 1,500,000 inhabitants requests a protest hearing,
14the inmate's counsel or other representative shall also receive
15notice of such request. This hearing shall take place the month
16following the inmate's parole interview. If the inmate's parole
17interview is rescheduled then the Prisoner Review Board shall
18promptly notify the State's Attorney of the new date. The
19person eligible for parole shall be heard at the next scheduled
20en banc hearing date. If the case is to be continued, the
21State's Attorney's office and the attorney or representative
22for the person eligible for parole will be notified of any
23continuance within 5 business days. The State's Attorney may
24waive the written notice.
25    (f) The victim of the violent crime for which the prisoner
26has been sentenced shall receive notice of a parole hearing as



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1provided in paragraph (4) of subsection (d) of Section 4.5 of
2the Rights of Crime Victims and Witnesses Act.
3    (g) Any recording considered under the provisions of
4subsection (d)(6), (d)(7) or (e) of this Section shall be in
5the form designated by the Board. Such recording shall be both
6visual and aural. Every voice on the recording and person
7present shall be identified and the recording shall contain
8either a visual or aural statement of the person submitting
9such recording, the date of the recording and the name of the
10person whose parole eligibility is being considered. Such
11recordings shall be retained by the Board and shall be deemed
12to be submitted at any subsequent parole hearing if the victim
13or State's Attorney submits in writing a declaration clearly
14identifying such recording as representing the present
15position of the victim or State's Attorney regarding the issues
16to be considered at the parole hearing.
17    (h) The Board shall not release any material to the inmate,
18the inmate's attorney, any third party, or any other person
19containing any information from the victim or from a person
20related to the victim by blood, adoption, or marriage who has
21provided a victim impact statement to the Board written
22objections, testified at any hearing, or submitted audio or
23visual objections to the inmate's parole, unless provided with
24a waiver from the victim that objecting party. The Board shall
25not release the names or addresses of any person on its victim
26registry to any other person except the victim, a law



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1enforcement agency, or other victim notification system.
2Victim impact statements shall be confidential and privileged.
3(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
498-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
5    (730 ILCS 5/3-3-13)  (from Ch. 38, par. 1003-3-13)
6    Sec. 3-3-13. Procedure for Executive Clemency.
7    (a) Petitions seeking pardon, commutation, or reprieve
8shall be addressed to the Governor and filed with the Prisoner
9Review Board. The petition shall be in writing and signed by
10the person under conviction or by a person on his behalf. It
11shall contain a brief history of the case, the reasons for
12seeking executive clemency, and other relevant information the
13Board may require.
14    (a-5) After a petition has been denied by the Governor, the
15Board may not accept a repeat petition for executive clemency
16for the same person until one full year has elapsed from the
17date of the denial. The Chairman of the Board may waive the
18one-year requirement if the petitioner offers in writing new
19information that was unavailable to the petitioner at the time
20of the filing of the prior petition and which the Chairman
21determines to be significant. The Chairman also may waive the
22one-year waiting period if the petitioner can show that a
23change in circumstances of a compelling humanitarian nature has
24arisen since the denial of the prior petition.
25    (b) Notice of the proposed application shall be given by



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1the Board to the committing court and the state's attorney of
2the county where the conviction was had.
3    (c) The Board shall, if requested and upon due notice, give
4a hearing to each application, allowing representation by
5counsel, if desired, after which it shall confidentially advise
6the Governor by a written report of its recommendations which
7shall be determined by majority vote. The Board shall meet to
8consider such petitions no less than 4 times each year.
9    Application for executive clemency under this Section may
10not be commenced on behalf of a person who has been sentenced
11to death without the written consent of the defendant, unless
12the defendant, because of a mental or physical condition, is
13incapable of asserting his or her own claim. The written report
14of the Board's recommendations to the Governor shall be
16    (d) The Governor shall decide each application and
17communicate his decision to the Board which shall notify the
19    In the event a petitioner who has been convicted of a Class
20X felony is granted a release, after the Governor has
21communicated such decision to the Board, the Board shall give
22written notice to the Sheriff of the county from which the
23offender was sentenced if such sheriff has requested that such
24notice be given on a continuing basis. In cases where arrest of
25the offender or the commission of the offense took place in any
26municipality with a population of more than 10,000 persons, the



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1Board shall also give written notice to the proper law
2enforcement agency for said municipality which has requested
3notice on a continuing basis.
4    (e) Nothing in this Section shall be construed to limit the
5power of the Governor under the constitution to grant a
6reprieve, commutation of sentence, or pardon.
7(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
8    Section 15. The Open Parole Hearings Act is amended by
9changing Section 35 as follows:
10    (730 ILCS 105/35)  (from Ch. 38, par. 1685)
11    Sec. 35. Victim impact statements.
12    (a) The Board shall receive and consider victim impact
14    (b) Victim impact statements either oral, written,
15video-taped, tape recorded or made by other electronic means
16shall not be considered public documents under provisions of
17the Freedom of Information Act.
18    (b-5) Other than as provided in subsection (c), the Board
19shall not release any material to the inmate, the inmate's
20attorney, any third party, or any other person that contains
21any information from the victim who has provided a victim
22impact statement to the Board, unless provided with a waiver
23from the victim. The Board shall not release the names or
24addresses of any person on its victim registry to any other



10100HB3584ham001- 36 -LRB101 08458 SLF 57207 a

1person except the victim, a law enforcement agency, or other
2victim notification system. Victim impact statements received
3by the Board shall be confidential and privileged.
4    (c) The inmate or his or her attorney shall be informed of
5the existence of a victim impact statement and its contents
6under provisions of Board rules. This shall not be construed to
7permit disclosure to an inmate of any information which might
8result in the risk of threats or physical harm to a victim or
9complaining witness.
10    (d) The inmate shall be given the opportunity to answer a
11victim impact statement, either orally or in writing.
12    (e) All written victim impact statements shall be part of
13the applicant's, releasee's, or parolee's parole file.
14(Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)".