State of Illinois
90th General Assembly

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[ House Amendment 001 ]


 1                     AMENDMENT TO HOUSE BILL 25
 2        AMENDMENT NO.     .  Amend House  Bill  25  by  replacing
 3    everything after the enacting clause with the following:
 4        "Section  5.  The  Rights  of Crime Victims and Witnesses
 5    Act is amended by adding Section 8 and changing Section 9  as
 6    follows:
 7        (725 ILCS 120/8 new)
 8        Sec.  8.  Privately  operated  crime  victim  and witness
 9    notification service.  A county sheriff with the approval  of
10    the   county  board  in  counties  with  3,000,000  or  fewer
11    inhabitants, or a county department of corrections  with  the
12    approval  of  the county board of commissioners and under the
13    direction of the sheriff in counties with more than 3,000,000
14    inhabitants, and the office of the State's Attorney with  the
15    approval  of  the  respective county board or county board of
16    commissioners may contract with a private entity to operate a
17    crime victim and witness notification  service.   The  county
18    sheriff,  the  county  department  of  corrections,  and  the
19    State's  Attorney  shall make available to the private entity
20    the information to implement the notification procedure in  a
21    timely  manner.  The private entity shall immediately deliver
22    the notification information to the requesting  crime  victim
                            -2-              LRB9000464PTbdam
 1    or  witness  according  to  the  requirements of this Act for
 2    certain offenses determined by  the  county  board  upon  the
 3    release  or  discharge  of  a defendant or prisoner in county
 4    custody. The release of information to the private entity  to
 5    implement  the  contract  shall  be  limited  to  the  extent
 6    necessary to comply with the provisions of this Act.
 7        (725 ILCS 120/9) (from Ch. 38, par. 1408)
 8        Sec.   9.    This  Act  does  not  limit  any  rights  or
 9    responsibilities otherwise enjoyed by or imposed upon victims
10    or witnesses of violent crime, nor does it grant any person a
11    cause of action for damages or attorneys fees.   Any  act  of
12    omission  or  commission  by  any  law enforcement officer or
13    State's Attorney, by the Prisoner Review Board, Department of
14    Corrections, Department of Human  Services,  or  other  State
15    agency,  or private entity under contract pursuant to Section
16    8, or by any employee of any State agency or  private  entity
17    under  contract pursuant to Section 8 acting in good faith in
18    rendering crime victim's assistance  or  otherwise  enforcing
19    this Act shall not impose civil liability upon the individual
20    or  entity  or his or her supervisor or employer.  Nothing in
21    this Act shall create a basis for vacating a conviction or  a
22    ground for appellate relief in any criminal case.  Failure of
23    the  crime  victim  to  receive  notice as required, however,
24    shall not deprive the court of the power to act regarding the
25    proceeding before it; nor shall any such  failure  grant  the
26    defendant the right to seek a continuance.
27    (Source: P.A. 88-489; 89-507, eff. 7-1-97.)".

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