State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


      725 ILCS 120/8 new
      725 ILCS 120/9            from Ch. 38, par. 1408
          Amends the Rights of Crime  Victims  and  Witnesses  Act.
      Provides that with the approval of the county board, a county
      sheriff  or  county  board  of  corrections  and  the State's
      Attorney may  contract  with  a  private  entity  to  provide
      immediate  notice  to  a  crime  victim  or  witness upon the
      release or discharge of a defendant, juvenile, or prisoner in
      county custody. Provides immunity from civil liability to the
      private entity acting in  good  faith  to  notify  the  crime
      victim or witness.
HB0025 Enrolled                                LRB9000464PTcw
 1        AN ACT to amend the Rights of Crime Victims and Witnesses
 2    Act by adding Section 8 and changing Section 9.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Rights of Crime Victims and Witnesses Act
 6    is amended by adding Section 8  and  changing  Section  9  as
 7    follows:
 8        (725 ILCS 120/8 new)
 9        Sec.  8.  Privately  operated  crime  victim  and witness
10    notification service.  A county sheriff with the approval  of
11    the   county  board  in  counties  with  3,000,000  or  fewer
12    inhabitants, or a county department of corrections  with  the
13    approval  of  the county board of commissioners and under the
14    direction of the sheriff in counties with more than 3,000,000
15    inhabitants, and the office of the State's Attorney with  the
16    approval  of  the  respective county board or county board of
17    commissioners may contract with a private entity to operate a
18    crime victim and witness notification  service.   The  county
19    sheriff,  the  county  department  of  corrections,  and  the
20    State's  Attorney  shall make available to the private entity
21    the information to implement the notification procedure in  a
22    timely  manner.  The private entity shall immediately deliver
23    the notification information to the requesting  crime  victim
24    or  witness  according  to  the  requirements of this Act for
25    certain offenses determined by  the  county  board  upon  the
26    release  or  discharge  of  a defendant or prisoner in county
27    custody. The release of information to the private entity  to
28    implement  the  contract  shall  be  limited  to  the  extent
29    necessary to comply with the provisions of this Act.
30        (725 ILCS 120/9) (from Ch. 38, par. 1408)
HB0025 Enrolled            -2-                 LRB9000464PTcw
 1        Sec.   9.    This  Act  does  not  limit  any  rights  or
 2    responsibilities otherwise enjoyed by or imposed upon victims
 3    or witnesses of violent crime, nor does it grant any person a
 4    cause of action for damages or attorneys fees.   Any  act  of
 5    omission  or  commission  by  any  law enforcement officer or
 6    State's Attorney, by the Prisoner Review Board, Department of
 7    Corrections, Department of Human  Services,  or  other  State
 8    agency,  or private entity under contract pursuant to Section
 9    8, or by any employee of any State agency or  private  entity
10    under  contract pursuant to Section 8 acting in good faith in
11    rendering crime victim's assistance  or  otherwise  enforcing
12    this Act shall not impose civil liability upon the individual
13    or  entity  or his or her supervisor or employer.  Nothing in
14    this Act shall create a basis for vacating a conviction or  a
15    ground for appellate relief in any criminal case.  Failure of
16    the  crime  victim  to  receive  notice as required, however,
17    shall not deprive the court of the power to act regarding the
18    proceeding before it; nor shall any such  failure  grant  the
19    defendant the right to seek a continuance.
20    (Source: P.A. 88-489; 89-507, eff. 7-1-97.)

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