State of Illinois
92nd General Assembly

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 1        AN ACT concerning immigrants.

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

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Immigrant Victim of Crime Reporting Act.

 6        Section 5.  Purpose.  The  purpose  of  this  Act  is  to
 7    remove   barriers   to  investigations  of  criminal  conduct
 8    committed  against  undocumented  residents  of  this   State
 9    without jeopardizing the residents' immigration status.

10        Section 10.   Definitions.  For the purposes of this Act:

11        "Felony"  means  an offense for which a sentence to death
12    or to a term of imprisonment in a penitentiary for  one  year
13    or more is provided;

14        "Victim"   means  (1) a person physically injured in this
15    State as a result of a violent crime perpetrated or attempted
16    against that person or (2) a person who suffers injury to  or
17    loss  of  property as a result of a violent crime perpetrated
18    or  attempted  against  that   person   or   (3)   a   single
19    representative  who  may  be  the  spouse,  parent,  child or
20    sibling of a person killed as a result  of  a  violent  crime
21    perpetrated  against the person killed or the spouse, parent,
22    child or sibling of any person granted rights under this  Act
23    who  is  physically  or mentally incapable of exercising such
24    rights, except where the spouse, parent, child or sibling  is
25    also the defendant or prisoner or (4) any person against whom
26    a  violent crime has been committed or (5) any person who has
27    suffered personal injury  as  a  result  of  a  violation  of
28    Section  11-501 of the Illinois Vehicle Code, or of a similar
                            -2-                LRB9206417ARsb
 1    provision of a local ordinance, or  of  Section  9-3  of  the
 2    Criminal Code of 1961, as amended.

 3        "Violent crime" means any felony in which force or threat
 4    of  force  was  used  against  the  victim,  or  any  offense
 5    involving  sexual  exploitation,  sexual  conduct  or  sexual
 6    penetration,  domestic  battery,  violation  of  an  order of
 7    protection, stalking, or any  misdemeanor  which  results  in
 8    death  or great bodily harm to the victim or any violation of
 9    Section 9-3 of the Criminal Code of 1961, or  Section  11-501
10    of  the  Illinois  Vehicle  Code, or a similar provision of a
11    local ordinance, if the violation resulted in personal injury
12    or death, and includes any action  committed  by  a  juvenile
13    that  would  be a violent crime if committed by an adult. For
14    the purposes of this Act,  "personal  injury"  shall  include
15    shall    include    severely   bleeding   wounds,   distorted
16    extremities,  injuries   that   require   immediate   medical
17    attention,  and injuries that require the injured party to be
18    carried from the scene;

19        Section 20. Immigrant  crime  victim  reporting  program.
20    The  Department  of  Human Services shall establish a program
21    for the investigation of crimes committed against victims  in
22    this  State  who  are  undocumented  residents  of the United
23    States.  The Department shall have the duty and authority  to
24    investigate  all  criminal complaints made by victims who are
25    undocumented residents of the United  States  and  shall  not
26    release  to any other State or federal agency any identifying
27    information about the victim or his or her family unless  the
28    victim  signs  a  written  document  allowing this release of
29    information.  Even if the victim does not sign this  release,
30    the Department has the obligation to investigate the victim's
31    complaint.
                            -3-                LRB9206417ARsb
 1        Section  25.   Petition  by Governor.  In cases where the
 2    legal immigration status is necessary for  the  investigation
 3    or  prosecution  of  any violent crime or felony offense, the
 4    Governor of this State shall petition the appropriate federal
 5    agency to obtain legal immigration status for the  victim  or
 6    any witness necessary to the investigation or prosecution.

 7        Section 99.  This Act takes effect upon becoming law.

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