Rep. Justin Slaughter
Filed: 3/14/2019
 
 


 




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1
AMENDMENT TO HOUSE BILL 3584




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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1closed.

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 
7investigation. 
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 
25defendant. 
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 
 
 
10100HB3584ham001- 30 -LRB101 08458 SLF 57207 a


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 
7interview.

8 (d) In making its determination of parole, the Board
shall 
9consider:

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 
 
 
10100HB3584ham001- 32 -LRB101 08458 SLF 57207 a


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 
 
 
10100HB3584ham001- 33 -LRB101 08458 SLF 57207 a


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 
15privileged. 

16 (d) The Governor shall decide each application and

17communicate his decision to the Board which shall notify the

18petitioner.

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 
13statements.

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.)".