Bill Text: IL HB3584 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Retains the changes made by House Amendment No. 1. Provides that the sign-off sheet provided by law enforcement that the crime victim signs and dates as an acknowledgement that he or she has been furnished with information and an explanation of the rights of crime victims and compensation set forth in the Act includes information that the crime victim has the ability to file a complaint against an individual who is licensed by the Department of Financial and Professional Regulation.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed) 2023-04-27 - Added as Alternate Co-Sponsor Sen. Craig Wilcox [HB3584 Detail]

Download: Illinois-2023-HB3584-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3584 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
705 ILCS 105/14 from Ch. 25, par. 14
725 ILCS 120/4 from Ch. 38, par. 1404
Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation.
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A BILL FOR
HB3584 LRB103 29193 RLC 55580 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by changing
Section 14 as follows:
(705 ILCS 105/14) (from Ch. 25, par. 14)
Sec. 14. The clerks shall enter of record all judgments
and orders of their respective courts, as soon after the
rendition or making thereof as practicable. This shall include
the reporting of all felony convictions and pleas of guilty to
the Department of Financial and Professional Regulation for
licensure review.
Immediately after a judgment of dissolution of marriage or
declaration of invalidity of marriage is granted in this
State, the clerk of the court which granted the judgment of
dissolution of marriage or declaration of invalidity of
marriage shall complete and sign the form furnished by the
Department of Public Health, and forward such form to the
Department of Public Health within 45 days after the close of
the month in which the judgment is rendered.
(Source: P.A. 83-346.)
Section 10. The Rights of Crime Victims and Witnesses Act

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is amended by changing Section 4 as follows:
(725 ILCS 120/4) (from Ch. 38, par. 1404)
Sec. 4. Rights of crime victims.
(a) Crime victims shall have the following rights:
(1) The right to be treated with fairness and respect
for their dignity and privacy and to be free from
harassment, intimidation, and abuse throughout the
criminal justice process.
(1.5) The right to notice and to a hearing before a
court ruling on a request for access to any of the victim's
records, information, or communications which are
privileged or confidential by law.
(2) The right to timely notification of all court
proceedings.
(3) The right to communicate with the prosecution.
(4) The right to be heard at any post-arraignment
court proceeding in which a right of the victim is at issue
and any court proceeding involving a post-arraignment
release decision, plea, or sentencing.
(5) The right to be notified of the conviction, the
sentence, the imprisonment and the release of the accused.
(6) The right to the timely disposition of the case
following the arrest of the accused.
(7) The right to be reasonably protected from the
accused through the criminal justice process.

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(7.5) The right to have the safety of the victim and
the victim's family considered in determining whether to
release the defendant and setting conditions of release
after arrest and conviction.
(8) The right to be present at the trial and all other
court proceedings on the same basis as the accused, unless
the victim is to testify and the court determines that the
victim's testimony would be materially affected if the
victim hears other testimony at the trial.
(9) The right to have present at all court
proceedings, including proceedings under the Juvenile
Court Act of 1987, subject to the rules of evidence, an
advocate and other support person of the victim's choice.
(10) The right to restitution.
(11) The right to file a complaint against the
offender with the Department of Financial and Professional
Regulation if the offender is licensed by the Department
of Financial and Professional Regulation.
(b) Any law enforcement agency that investigates an
offense committed in this State shall provide a crime victim
with a written statement and explanation of the rights of
crime victims under this amendatory Act of the 99th General
Assembly within 48 hours of law enforcement's initial contact
with a victim. The statement shall include information about
crime victim compensation, including how to contact the Office
of the Illinois Attorney General to file a claim, and

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appropriate referrals to local and State programs that provide
victim services. The content of the statement shall be
provided to law enforcement by the Attorney General. Law
enforcement shall also provide a crime victim with a sign-off
sheet that the victim shall sign and date as an
acknowledgement that he or she has been furnished with
information and an explanation of the rights of crime victims
and compensation set forth in this Act.
(b-5) Upon the request of the victim, the law enforcement
agency having jurisdiction shall provide a free copy of the
police report concerning the victim's incident, as soon as
practicable, but in no event later than 5 business days from
the request.
(c) The Clerk of the Circuit Court shall post the rights of
crime victims set forth in Article I, Section 8.1(a) of the
Illinois Constitution and subsection (a) of this Section
within 3 feet of the door to any courtroom where criminal
proceedings are conducted. The clerk may also post the rights
in other locations in the courthouse.
(d) At any point, the victim has the right to retain a
victim's attorney who may be present during all stages of any
interview, investigation, or other interaction with
representatives of the criminal justice system. Treatment of
the victim should not be affected or altered in any way as a
result of the victim's decision to exercise this right.
(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)