State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB753 Enrolled                                 SRS91S0013JJch

 1        AN ACT concerning crime victims and witnesses.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Rights of Crime Victims and Witnesses Act
 5    is amended by changing Sections  4.5  and  9  and  by  adding
 6    Section 8.5 as follows:

 7        (725 ILCS 120/4.5)
 8        Sec.  4.5.  Procedures  to  implement the rights of crime
 9    victims.   To  afford  crime  victims   their   rights,   law
10    enforcement, prosecutors, judges and corrections will provide
11    information, as appropriate of the following procedures:
12        (a)  At  the request of the crime victim, law enforcement
13    authorities investigating the case shall  provide  notice  of
14    the  status  of  the  investigation, except where the State's
15    Attorney determines that disclosure of such information would
16    unreasonably interfere with  the  investigation,  until  such
17    time   as   the  alleged  assailant  is  apprehended  or  the
18    investigation is closed.
19        (b)  The office of the State's Attorney:
20             (1)  shall  provide  notice   of   the   filing   of
21        information,  the  return  of  an  indictment  by which a
22        prosecution for any violent crime is  commenced,  or  the
23        filing   of  a  petition  to  adjudicate  a  minor  as  a
24        delinquent for a violent crime;
25             (2)  shall provide notice of  the  date,  time,  and
26        place of trial;
27             (3)  or  victim  advocate  personnel  shall  provide
28        information  of  social services and financial assistance
29        available for victims of crime, including information  of
30        how to apply for these services and assistance;
31             (4)  shall  assist  in  having  any  stolen or other
SB753 Enrolled              -2-                SRS91S0013JJch
 1        personal property held by law enforcement authorities for
 2        evidentiary or other purposes returned  as  expeditiously
 3        as  possible,  pursuant  to  the  procedures  set  out in
 4        Section 115-9 of the Code of Criminal Procedure of 1963;
 5             (5)  or  victim  advocate  personnel  shall  provide
 6        appropriate employer intercession services to ensure that
 7        employers of victims will  cooperate  with  the  criminal
 8        justice system in order to minimize an employee's loss of
 9        pay and other benefits resulting from court appearances;
10             (6)  shall provide information whenever possible, of
11        a  secure waiting area during court proceedings that does
12        not require victims to be in close proximity to defendant
13        or juveniles  accused  of  a  violent  crime,  and  their
14        families and friends;
15             (7)  shall provide notice to the crime victim of the
16        right   to   have  a  translator  present  at  all  court
17        proceedings;
18             (8)  in the case of the death  of  a  person,  which
19        death  occurred  in the same transaction or occurrence in
20        which acts occurred for which a defendant is charged with
21        an offense, shall notify the  spouse,  parent,  child  or
22        sibling  of  the decedent of the date of the trial of the
23        person or persons allegedly responsible for the death;
24             (9)  shall inform the victim of the  right  to  have
25        present at all court proceedings, subject to the rules of
26        evidence,  an  advocate  or  other  support person of the
27        victim's choice, and the right to retain an attorney,  at
28        the  victim's own expense, who, upon written notice filed
29        with the clerk of the court and State's Attorney,  is  to
30        receive  copies  of all notices, motions and court orders
31        filed thereafter in the case, in the same  manner  as  if
32        the victim were a named party in the case; and
33             (10)  at  the  sentencing  hearing shall make a good
34        faith attempt to  explain  the  minimum  amount  of  time
SB753 Enrolled              -3-                SRS91S0013JJch
 1        during  which  the  defendant  may actually be physically
 2        imprisoned.  The Office of  the  State's  Attorney  shall
 3        further  notify  the crime victim of the right to request
 4        from the Prisoner Review Board information concerning the
 5        release of the defendant  under  subparagraph  (d)(1)  of
 6        this Section; and
 7             (11)  shall  request  restitution  at sentencing and
 8        shall consider restitution in any  plea  negotiation,  as
 9        provided by law.
10        (c)  At  the  written  request  of  the crime victim, the
11    office of the State's Attorney shall:
12             (1)  provide notice a reasonable time in advance  of
13        the following court proceedings: preliminary hearing, any
14        hearing  the  effect  of  which  may  be  the  release of
15        defendant from custody, or to  alter  the  conditions  of
16        bond  and the sentencing hearing.  The crime victim shall
17        also  be  notified  of  the  cancellation  of  the  court
18        proceeding in  sufficient  time,  wherever  possible,  to
19        prevent an unnecessary appearance in court;
20             (2)  provide  notice  within a reasonable time after
21        receipt of notice from the custodian, of the  release  of
22        the  defendant  on  bail  or personal recognizance or the
23        release from detention of a minor who has  been  detained
24        for a violent crime;
25             (3)  explain in nontechnical language the details of
26        any  plea  or verdict of a defendant, or any adjudication
27        of a juvenile as a delinquent for a violent crime;
28             (4)  where practical, consult with the crime  victim
29        before  the Office of the State's Attorney makes an offer
30        of a  plea  bargain  to  the  defendant  or  enters  into
31        negotiations  with  the  defendant  concerning a possible
32        plea agreement, and shall  consider  the  written  victim
33        impact  statement,  if  prepared prior to entering into a
34        plea agreement;
SB753 Enrolled              -4-                SRS91S0013JJch
 1             (5)  provide notice of the ultimate  disposition  of
 2        the  cases  arising from an indictment or an information,
 3        or a  petition  to  have  a  juvenile  adjudicated  as  a
 4        delinquent for a violent crime;
 5             (6)  provide  notice  of  any  appeal  taken  by the
 6        defendant  and  information  on  how   to   contact   the
 7        appropriate agency handling the appeal;
 8             (7)  provide    notice    of    any    request   for
 9        post-conviction  review  filed  by  the  defendant  under
10        Article 122 of the Code of Criminal  Procedure  of  1963,
11        and of the date, time and place of any hearing concerning
12        the  petition.   Whenever possible, notice of the hearing
13        shall be given in advance;
14             (8)  forward a copy of any statement presented under
15        Section 6 to the Prisoner Review Board to  be  considered
16        by the Board in making its determination under subsection
17        (b) of Section 3-3-8 of the Unified Code of Corrections.

18        (d) (1)  The  Prisoner Review Board shall inform a victim
19        or any other concerned citizen, upon written request,  of
20        the  prisoner's  release  on parole, mandatory supervised
21        release, electronic detention, work  release  or  by  the
22        custodian  of  the  discharge  of  any individual who was
23        adjudicated a delinquent for a violent crime  from  State
24        custody  and  by the sheriff of the appropriate county of
25        any such person's final discharge  from  county  custody.
26        The  Prisoner  Review  Board, upon written request, shall
27        provide to a victim or  any  other  concerned  citizen  a
28        recent  photograph  of  any person convicted of a felony,
29        upon his or her release from custody. The Prisoner Review
30        Board, upon written request, shall inform a victim or any
31        other concerned citizen when feasible  at  least  7  days
32        prior  to the prisoner's release on furlough of the times
33        and dates of such furlough.  Upon written request by  the
34        victim  or  any  other  concerned  citizen,  the  State's
SB753 Enrolled              -5-                SRS91S0013JJch
 1        Attorney  shall  notify  the person once of the times and
 2        dates of release of  a  prisoner  sentenced  to  periodic
 3        imprisonment.   Notification  shall  be based on the most
 4        recent information as  to  victim's  or  other  concerned
 5        citizen's  residence  or  other location available to the
 6        notifying authority. For purposes of this  paragraph  (1)
 7        of subsection (d), "concerned citizen" includes relatives
 8        of  the  victim,  friends of the victim, witnesses to the
 9        crime, or any other person associated with the victim  or
10        prisoner.
11             (2)  When  the  defendant  has been committed to the
12        Department of Human Services pursuant to Section 5-2-4 or
13        any other provision of the Unified Code  of  Corrections,
14        the  victim  may  request to be notified by the releasing
15        authority  of  the  defendant's  discharge   from   State
16        custody.
17             (3)  In  the  event of an escape from State custody,
18        the Department of Corrections  immediately  shall  notify
19        the  Prisoner Review Board of the escape and the Prisoner
20        Review Board shall notify the victim.   The  notification
21        shall be based upon the most recent information as to the
22        victim's  residence  or  other  location available to the
23        Board.  When no such information is available, the  Board
24        shall   make   all   reasonable  efforts  to  obtain  the
25        information and make the notification.  When the  escapee
26        is apprehended, the Department of Corrections immediately
27        shall  notify  the  Prisoner  Review  Board and the Board
28        shall notify the victim.
29             (4)  The victim of the crime for which the  prisoner
30        has  been  sentenced  shall  receive  reasonable  written
31        notice  not less than 15 days prior to the parole hearing
32        and may submit, in writing, on film, videotape  or  other
33        electronic  means  or  in  the  form of a recording or in
34        person   at   the   parole   hearing,   information   for
SB753 Enrolled              -6-                SRS91S0013JJch
 1        consideration by the Prisoner Review Board.   The  victim
 2        shall  be  notified  within 7 days after the prisoner has
 3        been granted parole and shall be informed of the right to
 4        inspect the registry  of  parole  decisions,  established
 5        under subsection (g) of Section 3-3-5 of the Unified Code
 6        of Corrections.  The provisions of this paragraph (4) are
 7        subject to the Open Parole Hearings Act.
 8             (5)  If  a  statement  is presented under Section 6,
 9        the Prisoner Review Board shall inform the victim of  any
10        order  of  discharge  entered  by  the  Board pursuant to
11        Section 3-3-8 of the Unified Code of Corrections.
12             (6)  At the written request of  the  victim  of  the
13        crime  for which the prisoner was sentenced, the Prisoner
14        Review Board shall notify the victim of the death of  the
15        prisoner   if  the  prisoner  died  while  on  parole  or
16        mandatory supervised release.
17             (7)  When a defendant who has been committed to  the
18        Department  of  Corrections  or  the  Department of Human
19        Services  is  released  or  discharged  and  subsequently
20        committed to  the  Department  of  Human  Services  as  a
21        sexually  violent  person and the victim had requested to
22        be notified by the releasing authority of the defendant's
23        discharge from State  custody,  the  releasing  authority
24        shall  provide  to  the Department of Human Services such
25        information that would  allow  the  Department  of  Human
26        Services to contact the victim.
27        (e)  The officials named in this Section may satisfy some
28    or  all  of  their  obligations  to provide notices and other
29    information through participation in a statewide  victim  and
30    witness  notification  system  established  by  the  Attorney
31    General under Section 8.5 of this Act.
32    (Source:  P.A.  89-8,  eff.  3-21-95;  89-235,  eff.  8-4-95;
33    89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
34    90-793, eff. 8-14-98.)
SB753 Enrolled              -7-                SRS91S0013JJch
 1        (725 ILCS 120/8.5 new)
 2        Sec.  8.5.  Statewide  victim  and  witness  notification
 3    system.
 4        (a)  The  Attorney  General  may establish a crime victim
 5    and witness notification system to assist public officials in
 6    carrying out their duties to notify and inform crime  victims
 7    and  witnesses  under Section 4.5 of this Act as the Attorney
 8    General  specifies  by  rule.   The  system  shall   download
 9    necessary  information  from participating officials into its
10    computers,  where  it  shall  be  maintained,  updated,   and
11    automatically   transmitted   to  victims  and  witnesses  by
12    telephone, computer, or written notice.
13        (b)  The  Illinois   Department   of   Corrections,   the
14    Department  of  Human Services, and the Prisoner Review Board
15    shall  cooperate   with   the   Attorney   General   in   the
16    implementation  of this Section and shall provide information
17    as necessary to the effective operation of the system.
18        (c)  State's attorneys  and  local  law  enforcement  and
19    correctional  authorities  may enter into agreements with the
20    Attorney  General  for  participation  in  the  system.   The
21    Attorney General may provide those who elect  to  participate
22    with  the equipment, software, or training necessary to bring
23    their offices into the system.
24        (d)  The provision of information to  crime  victims  and
25    witnesses  through the Attorney General's notification system
26    satisfies a given State  or  local  official's  corresponding
27    obligation under Section 4.5 to provide the information.
28        (e)  The  Attorney  General  may  provide for telephonic,
29    electronic,  or  other  public   access   to   the   database
30    established under this Section.
31        (f)  The  Attorney General shall adopt rules as necessary
32    to implement this Section.  The rules shall include, but  not
33    be  limited to, provisions for the scope and operation of any
34    system the Attorney General  may  establish  and  procedures,
SB753 Enrolled              -8-                SRS91S0013JJch
 1    requirements,  and  standards for entering into agreements to
 2    participate in the system and to receive equipment, software,
 3    or training.
 4        (g)  There is established in the Office of  the  Attorney
 5    General  a  Crime  Victim  and  Witness Notification Advisory
 6    Committee consisting of those  victims  advocates,  sheriffs,
 7    State's  Attorneys,  Illinois  Department of Corrections, and
 8    Prisoner Review Board employees  that  the  Attorney  General
 9    chooses to appoint.  The Attorney General shall designate one
10    member to chair the Committee.
11             (1)  The Committee shall consult with and advise the
12        Attorney  General  as  to  the  exercise  of the Attorney
13        General's authority under this  Section,  including,  but
14        not limited to:
15                  (i)  the  design,  scope,  and operation of the
16             notification system;
17                  (ii)  the  content  of  any  rules  adopted  to
18             implement this Section;
19                  (iii)  the procurement of  hardware,  software,
20             and  support  for  the  system,  including choice of
21             supplier or operator; and
22                  (iv)  the acceptance of agreements with and the
23             award  of  equipment,  software,  or   training   to
24             officials that seek to participate in the system.
25             (2)  The  Committee  shall  review  the  status  and
26        operation  of  the  system  and  report  any findings and
27        recommendations for changes to the Attorney  General  and
28        the General Assembly by November 1 of each year.
29             (3)  The  members  of the Committee shall receive no
30        compensation  for  their  services  as  members  of   the
31        Committee,   but  may  be  reimbursed  for  their  actual
32        expenses incurred in serving on the Committee.

33        (725 ILCS 120/9) (from Ch. 38, par. 1408)
SB753 Enrolled              -9-                SRS91S0013JJch
 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 Attorney General, Prisoner Review
 7    Board,  Department  of  Corrections,  Department   of   Human
 8    Services,  or  other  State  agency,  or private entity under
 9    contract pursuant to Section 8, or by  any  employee  of  any
10    State  agency  or  private  entity under contract pursuant to
11    Section 8 acting in good faith in  rendering  crime  victim's
12    assistance  or  otherwise enforcing this Act shall not impose
13    civil liability upon the individual or entity or his  or  her
14    supervisor  or  employer.  Nothing in this Act shall create a
15    basis for vacating a conviction or  a  ground  for  appellate
16    relief  in any criminal case.  Failure of the crime victim to
17    receive notice as required, however, shall  not  deprive  the
18    court of the power to act regarding the proceeding before it;
19    nor  shall  any such failure grant the defendant the right to
20    seek a continuance.
21    (Source: P.A. 89-507, eff. 7-1-97; 90-744, eff. 1-1-99.)

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