Bill Text: IL HB1210 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Creates the Homicide Victims' Families' Rights Act. Provides for the review of the case file of a first degree or second degree murder committed more than 3 years prior to the date of the application, for which all probative investigative leads have been exhausted, and for which no likely perpetrator has been identified, upon written application by an immediate family member to determine whether a full reinvestigation would result in probative investigative leads. Provides that the person or persons performing the review shall not have previously investigated the murder at issue. Provides that only one case review shall be undertaken at any one time with respect to the same murder victim. Provides that each law enforcement agency shall develop a written application to be used for persons to request a case file review. Provides that the applicable agency shall conduct a full reinvestigation of the murder at issue if the review of the case file concludes that a full reinvestigation of the murder would result in probative investigative leads. Provides for the compilation and publication of specified information and statistics regarding cold case murders by the Illinois Criminal Justice Information Authority. Amends the Illinois Criminal Justice Information Act to make conforming changes.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced) 2023-05-17 - Added Co-Sponsor Rep. Jonathan Carroll [HB1210 Detail]
Download: Illinois-2023-HB1210-Introduced.html
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1 | AN ACT concerning homicide victims.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Homicide Victims' Families' Rights Act.
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6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||||
7 | "Agency" means a law enforcement entity of this State or a | ||||||||||||||||||||||||||
8 | unit of local government that is vested by law or ordinance | ||||||||||||||||||||||||||
9 | with the duty to maintain public order and to enforce criminal | ||||||||||||||||||||||||||
10 | laws or ordinances. | ||||||||||||||||||||||||||
11 | "Applicable agency" means a law enforcement agency that is | ||||||||||||||||||||||||||
12 | investigating or has investigated the murder of the victim in | ||||||||||||||||||||||||||
13 | issue. | ||||||||||||||||||||||||||
14 | "Cold case murder" means a murder committed more than 3 | ||||||||||||||||||||||||||
15 | years prior to the date of the application under subsection | ||||||||||||||||||||||||||
16 | (a) of Section 10, for which all probative investigative leads | ||||||||||||||||||||||||||
17 | have been exhausted, and for which no likely perpetrator has | ||||||||||||||||||||||||||
18 | been identified. | ||||||||||||||||||||||||||
19 | "Designated person" means (i) an immediate family member | ||||||||||||||||||||||||||
20 | or (ii) a similarly situated person as the Attorney General | ||||||||||||||||||||||||||
21 | shall by rule define. | ||||||||||||||||||||||||||
22 | "Immediate family member" means a parent, parent-in-law, | ||||||||||||||||||||||||||
23 | grandparent, grandparent-in-law, sibling, spouse, child, or |
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1 | stepchild of a murder victim. | ||||||
2 | "Murder" means first degree murder or second degree murder | ||||||
3 | as defined in Section 9-1 and 9-2 of the Criminal Code of 2012. | ||||||
4 | "Victim" means the victim of a murder.
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5 | Section 10. Case file review. | ||||||
6 | (a) An applicable agency shall review the case file | ||||||
7 | regarding a cold case murder upon written application by a | ||||||
8 | designated person to determine if a full reinvestigation would | ||||||
9 | result in probative investigative leads. | ||||||
10 | (b) The case file review shall include, but is not limited | ||||||
11 | to: | ||||||
12 | (1) an analysis of what investigative steps or | ||||||
13 | follow-up steps may have been missed in the initial | ||||||
14 | investigation; | ||||||
15 | (2) an assessment of whether witnesses should be | ||||||
16 | interviewed or re-interviewed; | ||||||
17 | (3) an examination of physical evidence to see if all | ||||||
18 | appropriate forensic testing and analysis was performed in | ||||||
19 | the first instance or if additional testing might produce | ||||||
20 | information relevant to the investigation; and | ||||||
21 | (4) a modernization of the file to bring it up to | ||||||
22 | current investigative standards to the extent it would | ||||||
23 | help develop probative leads. | ||||||
24 | (c) The person or persons performing the review required | ||||||
25 | by subsection (a) shall not have previously investigated the |
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1 | murder at issue. | ||||||
2 | (d) The applicable agency shall confirm in writing receipt | ||||||
3 | of a request made under subsection (a). | ||||||
4 | (e) Only one case review shall be undertaken at any one | ||||||
5 | time with respect to the same cold case murder victim. | ||||||
6 | (f) No later than 6 months after the receipt of the written | ||||||
7 | application submitted pursuant to subsection (a), the | ||||||
8 | applicable agency shall conclude its case file review and | ||||||
9 | reach a conclusion whether a full reinvestigation under | ||||||
10 | Section 25 is warranted. | ||||||
11 | (g) The applicable agency may extend the limit in | ||||||
12 | subsection (f) for periods not to exceed 6 months if the agency | ||||||
13 | makes a finding that the number of case files to be reviewed | ||||||
14 | make it impracticable to comply with said limit without | ||||||
15 | unreasonably taking resources from other law enforcement | ||||||
16 | activities. | ||||||
17 | For cases for which the time limit in subsection (f) is | ||||||
18 | extended, the applicable agency shall provide notice and an | ||||||
19 | explanation of its reasoning to the designated person who | ||||||
20 | filed the written application under this Section.
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21 | Section 15. Application. Each agency shall develop a | ||||||
22 | written application to be used for designated persons to | ||||||
23 | request a case file review under Section 10.
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24 | Section 20. Notice. Each agency shall provide notice of |
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1 | the rights under this Act to designated persons as soon as is | ||||||
2 | practicable after being made aware of a murder.
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3 | Section 25. Full reinvestigation. | ||||||
4 | (a) The applicable agency shall conduct a full | ||||||
5 | reinvestigation of the cold case murder at issue if the review | ||||||
6 | of the case file required by Section 10 concludes that a full | ||||||
7 | reinvestigation of the cold case murder would result in | ||||||
8 | probative investigative leads. | ||||||
9 | (b) A full reinvestigation shall include analyzing all | ||||||
10 | evidence regarding the cold case murder at issue for the | ||||||
11 | purpose of developing probative investigative leads as to the | ||||||
12 | perpetrator. | ||||||
13 | (c) The person or persons performing the full | ||||||
14 | reinvestigation required by subsection (a) shall not have | ||||||
15 | previously investigated the murder at issue, except for the | ||||||
16 | case file review pursuant to Section 10.
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17 | (d) Only one full reinvestigation shall be undertaken at | ||||||
18 | any one time with respect to the same cold case murder victim.
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19 | Section 30. Consultation and updates.
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20 | (a) The applicable agency shall consult with the | ||||||
21 | designated person who filed the written application under | ||||||
22 | Section 10 and provide him or her with periodic updates during | ||||||
23 | the case file review and full reinvestigation. | ||||||
24 | (b) The applicable agency shall meet with the designated |
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1 | person and discuss the evidence to explain to the designated | ||||||
2 | person who filed the written application under Section 10 its | ||||||
3 | decision whether to engage in the full reinvestigation | ||||||
4 | provided for under Section 25 at the conclusion of the case | ||||||
5 | file review.
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6 | Section 35. Subsequent reviews. | ||||||
7 | (a) If a case file review is completed and a conclusion is | ||||||
8 | reached not to conduct a full reinvestigation, no additional | ||||||
9 | case file review shall be undertaken for a period of 5 years, | ||||||
10 | unless there is newly discovered, materially significant | ||||||
11 | evidence. | ||||||
12 | (b) If a full reinvestigation is done and a suspect is not | ||||||
13 | identified at its conclusion, no additional case file review | ||||||
14 | or full reinvestigation shall be undertaken for a period of 5 | ||||||
15 | years, unless there is newly discovered, materially | ||||||
16 | significant new evidence.
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17 | Section 40. Data collection; annual report. | ||||||
18 | (a) Beginning 3 years after the effective date of this | ||||||
19 | Act, the Illinois Criminal Justice Information Authority | ||||||
20 | annually shall publish statistics regarding the number of cold | ||||||
21 | cases. The statistics published under this subsection at a | ||||||
22 | minimum shall be broken down by the degree of murder and by | ||||||
23 | agency, in addition to the criteria set forth in subsection | ||||||
24 | (b). |
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1 | (b) Each applicable agency annually shall submit data to | ||||||
2 | the Illinois Criminal Justice Information Authority regarding | ||||||
3 | the cold case murders within its jurisdiction, including, but | ||||||
4 | not limited to, the number of requests received under | ||||||
5 | subsection (a) of Section 10, the number of extensions granted | ||||||
6 | and an explanation of reasons provided under subsection (g) of | ||||||
7 | Section 10, the number of full reinvestigations initiated and | ||||||
8 | closed under Section 25, and the number of suspects | ||||||
9 | identified, arrested, charged, and convicted for each cold | ||||||
10 | case murder investigated by the applicable agency under this | ||||||
11 | Act during the year reported. | ||||||
12 | (c) The Illinois Criminal Justice Information Authority | ||||||
13 | shall submit an annual report to the General Assembly and the | ||||||
14 | Governor compiling the information received by the Authority | ||||||
15 | under subsection (b).
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16 | Section 45. Procedures to promote compliance.
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17 | (a) Not later than one year after the effective date of | ||||||
18 | this Act, the head of each agency shall adopt rules to enforce | ||||||
19 | the rights of designated persons and to ensure compliance by | ||||||
20 | responsible officials with the obligations described in this | ||||||
21 | Act. | ||||||
22 | (b) The rules adopted under subsection (a) shall: | ||||||
23 | (1) designate an administrative authority within the | ||||||
24 | agency to receive and investigate complaints relating to | ||||||
25 | the provision or violation of the rights of designated |
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1 | persons; | ||||||
2 | (2) require a course of training for employees of the | ||||||
3 | agency regarding the rights provided under this Act; | ||||||
4 | (3) contain disciplinary sanctions, including | ||||||
5 | suspension or termination from employment, for employees | ||||||
6 | of the agency who willfully or wantonly fail to comply | ||||||
7 | with this Act; | ||||||
8 | (4) establish a process for investigations into the | ||||||
9 | conduct of persons no longer employed by a law enforcement | ||||||
10 | agency when a complaint is filed and a process for | ||||||
11 | referrals for prosecution to the appropriate State's | ||||||
12 | Attorney; and | ||||||
13 | (5) provide that the head of the agency, or the | ||||||
14 | designee of the head of the agency, shall be the final | ||||||
15 | arbiter of the complaint, and that there shall be no | ||||||
16 | judicial review of the final decision of the head of the | ||||||
17 | agency by a complainant.
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18 | Section 50. Withholding information.
Nothing in this Act | ||||||
19 | shall require an agency to provide information that would | ||||||
20 | endanger the safety of any person, unreasonably impede an | ||||||
21 | ongoing investigation, violate a court order, or violate legal | ||||||
22 | obligations regarding privacy.
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23 | Section 55. Multiple agencies. | ||||||
24 | (a) If there is more than one possible applicable agency, |
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1 | each applicable agency shall coordinate its case file review | ||||||
2 | or full reinvestigation such that there is only one joint case | ||||||
3 | file review or full reinvestigation occurring at a time in | ||||||
4 | compliance with subsection (e) of Section 10 or subsection (d) | ||||||
5 | of Section 25, as applicable. | ||||||
6 | (b) If an immediate family member believes there was bias | ||||||
7 | demonstrated in the handling of the initial case, any case | ||||||
8 | file review, or any full reinvestigation by any of the | ||||||
9 | possible applicable agencies, the family member may | ||||||
10 | communicate that concern to the Attorney General. The Attorney | ||||||
11 | General shall review the allegations made by the immediate | ||||||
12 | family member to determine whether, in the interest of | ||||||
13 | justice, another law enforcement agency should conduct the | ||||||
14 | case file review or the full reinvestigation, as applicable.
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15 | Section 60. Applicability.
This Act applies to murders | ||||||
16 | occurring on or after January 1, 1970.
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17 | Section 100. The Illinois Criminal Justice Information Act | ||||||
18 | is amended by changing Section 7 as follows:
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19 | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
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20 | Sec. 7. Powers and duties. The Authority shall have the | ||||||
21 | following
powers, duties, and responsibilities:
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22 | (a) To develop and operate comprehensive information | ||||||
23 | systems for the
improvement and coordination of all |
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1 | aspects of law enforcement, prosecution,
and corrections;
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2 | (b) To define, develop, evaluate, and correlate State | ||||||
3 | and local programs
and projects associated with the | ||||||
4 | improvement of law enforcement and the
administration of | ||||||
5 | criminal justice;
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6 | (c) To act as a central repository and clearing house | ||||||
7 | for federal, state,
and local research studies, plans, | ||||||
8 | projects, proposals, and other information
relating to all | ||||||
9 | aspects of criminal justice system improvement and to | ||||||
10 | encourage
educational programs for citizen support of | ||||||
11 | State and local efforts to make
such improvements;
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12 | (d) To undertake research studies to aid in | ||||||
13 | accomplishing its purposes;
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14 | (e) To monitor the operation of existing criminal | ||||||
15 | justice information
systems in order to protect the | ||||||
16 | constitutional rights and privacy of
individuals about | ||||||
17 | whom criminal history record information has been | ||||||
18 | collected;
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19 | (f) To provide an effective administrative forum for | ||||||
20 | the protection of
the rights of individuals concerning | ||||||
21 | criminal history record information;
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22 | (g) To issue regulations, guidelines, and procedures | ||||||
23 | which ensure the privacy
and security of criminal history | ||||||
24 | record information
consistent with State and federal laws;
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25 | (h) To act as the sole administrative appeal body in | ||||||
26 | the State of
Illinois to conduct hearings and make final |
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1 | determinations concerning
individual challenges to the | ||||||
2 | completeness and accuracy of criminal
history record | ||||||
3 | information;
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4 | (i) To act as the sole, official, criminal justice | ||||||
5 | body in the State of
Illinois to conduct annual and | ||||||
6 | periodic audits of the procedures, policies,
and practices | ||||||
7 | of the State central repositories for criminal history
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8 | record information to verify compliance with federal and | ||||||
9 | state laws and
regulations governing such information;
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10 | (j) To advise the Authority's Statistical Analysis | ||||||
11 | Center;
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12 | (k) To apply for, receive, establish priorities for, | ||||||
13 | allocate, disburse,
and spend grants of funds that are | ||||||
14 | made available by and received on or
after January 1, 1983 | ||||||
15 | from private sources or from the United States pursuant
to | ||||||
16 | the federal Crime Control Act of 1973, as amended, and | ||||||
17 | similar federal
legislation, and to enter into agreements | ||||||
18 | with the United States government
to further the purposes | ||||||
19 | of this Act, or as may be required as a condition
of | ||||||
20 | obtaining federal funds;
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21 | (l) To receive, expend, and account for such funds of | ||||||
22 | the State of Illinois
as may be made available to further | ||||||
23 | the purposes of this Act;
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24 | (m) To enter into contracts and to cooperate with | ||||||
25 | units of general local
government or combinations of such | ||||||
26 | units, State agencies, and criminal justice
system |
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1 | agencies of other states for the purpose of carrying out | ||||||
2 | the duties
of the Authority imposed by this Act or by the | ||||||
3 | federal Crime Control Act
of 1973, as amended;
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4 | (n) To enter into contracts and cooperate with units | ||||||
5 | of general local
government outside of Illinois, other | ||||||
6 | states' agencies, and private
organizations outside of | ||||||
7 | Illinois to provide computer software or design
that has | ||||||
8 | been developed for the Illinois criminal justice system, | ||||||
9 | or to
participate in the cooperative development or design | ||||||
10 | of new software or
systems to be used by the Illinois | ||||||
11 | criminal justice system;
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12 | (o) To establish general policies concerning criminal | ||||||
13 | justice information
systems and to promulgate such rules, | ||||||
14 | regulations, and procedures as are
necessary to the | ||||||
15 | operation of the Authority and to the uniform | ||||||
16 | consideration
of appeals and audits;
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17 | (p) To advise and to make recommendations to the | ||||||
18 | Governor and the General
Assembly on policies relating to | ||||||
19 | criminal justice information systems;
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20 | (q) To direct all other agencies under the | ||||||
21 | jurisdiction of the Governor
to provide whatever | ||||||
22 | assistance and information the Authority may lawfully
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23 | require to carry out its functions;
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24 | (r) To exercise any other powers that are reasonable | ||||||
25 | and necessary to
fulfill the responsibilities of the | ||||||
26 | Authority under this Act and to comply
with the |
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1 | requirements of applicable federal law or regulation;
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2 | (s) To exercise the rights, powers, and duties which | ||||||
3 | have been vested
in the Authority by the Illinois Uniform | ||||||
4 | Conviction Information Act;
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5 | (t) (Blank);
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6 | (u) To exercise the rights, powers, and duties vested | ||||||
7 | in the Authority by the Illinois Public Safety Agency | ||||||
8 | Network Act; | ||||||
9 | (v) To provide technical assistance in the form of | ||||||
10 | training to local governmental entities within Illinois | ||||||
11 | requesting such assistance for the purposes of procuring | ||||||
12 | grants for gang intervention and gang prevention programs | ||||||
13 | or other criminal justice programs from the United States | ||||||
14 | Department of Justice; | ||||||
15 | (w) To conduct strategic planning and provide | ||||||
16 | technical assistance to implement comprehensive trauma | ||||||
17 | recovery services for violent crime victims in underserved | ||||||
18 | communities with high levels of violent crime, with the | ||||||
19 | goal of providing a safe, community-based, culturally | ||||||
20 | competent environment in which to access services | ||||||
21 | necessary to facilitate recovery from the effects of | ||||||
22 | chronic and repeat exposure to trauma. Services may | ||||||
23 | include, but are not limited to, behavioral health | ||||||
24 | treatment, financial recovery, family support and | ||||||
25 | relocation assistance, and support in navigating the legal | ||||||
26 | system; and |
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1 | (x) To coordinate statewide violence prevention | ||||||
2 | efforts and assist in the implementation of trauma | ||||||
3 | recovery centers and analyze trauma recovery services. The | ||||||
4 | Authority shall develop, publish, and facilitate the | ||||||
5 | implementation of a 4-year statewide violence prevention | ||||||
6 | plan, which shall incorporate public health, public | ||||||
7 | safety, victim services, and trauma recovery centers and | ||||||
8 | services ; and | ||||||
9 | (y) To compile and publish information regarding cold | ||||||
10 | case murders as provided in Section 40 of the Homicide | ||||||
11 | Victims' Families' Rights Act . | ||||||
12 | The requirement for reporting to the General Assembly | ||||||
13 | shall be satisfied
by filing copies of the report as required | ||||||
14 | by Section 3.1 of the General Assembly Organization Act, and
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15 | filing such additional copies with the State Government Report | ||||||
16 | Distribution
Center for the General Assembly as is required | ||||||
17 | under paragraph (t) of
Section 7 of the State Library Act.
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18 | (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; | ||||||
19 | 100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff. | ||||||
20 | 12-10-18.)
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