Bill Text: IL HB4136 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Homicide Victims' Families' Rights Act. Provides that a law enforcement agency shall review the case file of a cold case 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 cold case murder victim. Provides that each law enforcement agency shall develop a written application to be used for designated persons to request a case file review. Provides that the applicable agency shall conduct a full reinvestigation of the cold case murder at issue if the review of the case file concludes that a full reinvestigation of the cold case 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 3-0)

Status: (Introduced - Dead) 2022-09-06 - Added Co-Sponsor Rep. Lindsey LaPointe [HB4136 Detail]

Download: Illinois-2021-HB4136-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4136 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 3930/7 from Ch. 38, par. 210-7
Creates the Homicide Victims' Families' Rights Act. Provides that a law enforcement agency shall review the case file of a cold case 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 cold case murder victim. Provides that each law enforcement agency shall develop a written application to be used for designated persons to request a case file review. Provides that the applicable agency shall conduct a full reinvestigation of the cold case murder at issue if the review of the case file concludes that a full reinvestigation of the cold case 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.
LRB102 19576 RLC 28344 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4136 LRB102 19576 RLC 28344 b
AN ACT concerning homicide victims.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Homicide Victims' Families' Rights Act.
Section 5. Definitions. In this Act:
"Agency" means a law enforcement entity of this State or a
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
"Applicable agency" means a law enforcement agency that is
investigating or has investigated the murder of the victim in
issue.
"Cold case" means a violent crime as defined in Section 3
of the Rights of Crime Victims and Witnesses Act committed
more than 3 years prior to the date of the application under
subsection (a) of Section 10, for which all probative
investigative leads have been exhausted, and for which no
likely perpetrator has been identified.
"Cold case murder" means a murder committed more than 3
years prior to the date of the application under subsection
(a) of Section 10, for which all probative investigative leads
have been exhausted, and for which no likely perpetrator has

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been identified.
"Designated person" means (i) an immediate family member
or (ii) a similarly situated person as the Attorney General
shall by rule define.
"Immediate family member" means a parent, parent-in-law,
grandparent, grandparent-in-law, sibling, spouse, child, or
step-child of a murder victim.
"Murder" means first degree murder or second degree murder
as defined in Section 9-1 or 9-2 of the Criminal Code of 2012.
"Victim" means the victim of a murder.
Section 10. Case file review.
(a) An applicable agency shall review the case file
regarding a cold case murder upon written application by a
designated person to determine if a full reinvestigation would
result in probative investigative leads.
(b) The case file review shall include, but is not limited
to:
(1) an analysis of what investigative steps or
follow-up steps may have been missed in the initial
investigation;
(2) an assessment of whether witnesses should be
interviewed or re-interviewed;
(3) an examination of physical evidence to see if all
appropriate forensic testing and analysis was performed in
the first instance or if additional testing might produce

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information relevant to the investigation; and
(4) a modernization of the file to bring it up to
current investigative standards to the extent it would
help develop probative leads.
(c) The person or persons performing the review required
by subsection (a) shall not have previously investigated the
murder at issue.
(d) The applicable agency shall confirm in writing receipt
of the request provided for under subsection (a).
(e) Only one case review shall be undertaken at any one
time with respect to the same cold case murder victim.
(f) No later than 6 months after the receipt of the written
application submitted pursuant to subsection (a), the
applicable agency shall conclude its case file review and
reach a conclusion about whether or not a full reinvestigation
under Section 25. is warranted.
(g) The applicable agency may extend the limit in
subsection (f) for periods of time not to exceed 6 months if
the agency makes a finding that the number of case files to be
reviewed make it impracticable to comply with said limit
without unreasonably taking resources from other law
enforcement activities.
For cases for which the time limit in subsection (f) is
extended, the applicable agency shall provide notice and an
explanation of its reasoning to the designated person who
filed the written application under this Section.

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Section 15. Application. Each agency shall develop a
written application to be used for designated persons to
request a case file review under Section 10.
Section 20. Notice. Each agency shall provide notice of
the rights under this Act to designated persons as soon as is
practicable after being made aware of a murder.
Section 25. Full reinvestigation.
(a) The applicable agency shall conduct a full
reinvestigation of the cold case murder at issue if the review
of the case file required by Section 10 concludes that a full
reinvestigation of the cold case murder would result in
probative investigative leads.
(b) A full reinvestigation shall include analyzing all
evidence regarding the cold case murder at issue for the
purpose of developing probative investigative leads as to the
perpetrator.
(c) The person or persons performing the full
reinvestigation required by subsection (a) shall not have
previously investigated the murder at issue, except for the
case file review pursuant to Section 10.
(d) Only one full reinvestigation shall be undertaken at
any one time with respect to the same cold case murder victim.

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Section 30. Consultation and updates.
(a) The applicable agency shall consult with the
designated person who filed the written application under
Section 10 and provide him or her with periodic updates during
the case file review and full reinvestigation.
(b) The applicable agency shall meet with the designated
person and discuss the evidence to explain to the designated
person who filed the written application under Section 10 its
decision whether or not to engage in the full reinvestigation
provided for under Section 25 at the conclusion of the case
file review.
Section 35. Subsequent reviews.
(a) If a case file review is completed and a conclusion is
reached not to conduct a full reinvestigation, no additional
case file review shall be undertaken for a period of 5 years,
unless there is newly discovered, materially significant
evidence.
(b) If a full reinvestigation is done and a suspect is not
identified at its conclusion, no additional case file review
or full reinvestigation shall be undertaken for a period of 5
years, unless there is newly discovered, materially
significant new evidence.
Section 40. Data collection; annual report.
(a) Beginning 3 years after the effective date of this

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Act, the Illinois Criminal Justice Information Authority shall
publish annually statistics on the number of cold cases. The
statistics published under this subsection shall, at a
minimum, be broken down by the degree of murder and by agency,
in addition to the criteria set forth in subsection (b).
(b) Each applicable agency shall annually submit data to
the Illinois Criminal Justice Information Authority regarding
the cold case murders within its jurisdiction, including, but
not limited to, the number of requests received under
subsection (a) of Section 10, the number of extensions granted
and an explanation of reasons provided under subsection (g) of
Section 10, the number of full reinvestigations initiated and
closed under Section 25, and the number of suspects
identified, arrested, charged, and convicted for the cold case
murder investigated by the agency under this Act during the
year reported.
(c) The Illinois Criminal Justice Information Authority
shall submit an annual report to the General Assembly and the
Governor compiling the information received by the Authority
under subsection (b).
Section 45. Procedures to promote compliance.
(a) Not later than one year after the effective date this
Act, the head of each agency shall adopt rules to enforce the
rights of designated persons and to ensure compliance by
responsible officials with the obligations described in this

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Act.
(b) The rules adopted under subsection (a) shall:
(1) designate an administrative authority within the
agency to receive and investigate complaints relating to
the provision or violation of the rights of designated
persons;
(2) require a course of training for employees of the
agency regarding the rights provided under this Act;
(3) contain disciplinary sanctions, including
suspension or termination from employment, for employees
of the agency who willfully or wantonly fail to comply
with this Act;
(4) establish a process for investigations into the
conduct of persons no longer employed by a law enforcement
agency when a complaint is filed and a process for
referrals for prosecution to the appropriate State's
Attorney; and
(5) provide that the head of the agency, or the
designee of the head of the agency, shall be the final
arbiter of the complaint, and that there shall be no
judicial review of the final decision of the head of the
agency by a complainant.
Section 50. Withholding information. Nothing in this Act
shall require an agency to provide information that would
endanger the safety of any person, unreasonably impede an

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ongoing investigation, violate a court order, or violate legal
obligations regarding privacy.
Section 55. Multiple agencies.
(a) If there is more than one possible applicable agency,
each applicable agency shall coordinate its case file review
or full reinvestigation such that there is only one joint case
file review or full reinvestigation occurring at a time in
compliance with subsection (e) of Section 10 or subsection (d)
of Section 25 as applicable.
(b) If an immediate family member believes there was bias
demonstrated in the handling of the initial case, any case
file review, or any full reinvestigation by any of the
possible applicable agencies, the family member may
communicate that concern to the Attorney General. The Attorney
General shall review the allegations made by the immediate
family member to determine whether, in the interest of
justice, another law enforcement agency should conduct the
case file review or the full reinvestigation, as applicable.
Section 60. Applicability. This Act applies to murders
occurring on or after January 1, 1970.
Section 100. The Illinois Criminal Justice Information Act
is amended by changing Section 7 as follows:

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(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
Sec. 7. Powers and duties. The Authority shall have the
following powers, duties, and responsibilities:
(a) To develop and operate comprehensive information
systems for the improvement and coordination of all
aspects of law enforcement, prosecution, and corrections;
(b) To define, develop, evaluate, and correlate State
and local programs and projects associated with the
improvement of law enforcement and the administration of
criminal justice;
(c) To act as a central repository and clearing house
for federal, state, and local research studies, plans,
projects, proposals, and other information relating to all
aspects of criminal justice system improvement and to
encourage educational programs for citizen support of
State and local efforts to make such improvements;
(d) To undertake research studies to aid in
accomplishing its purposes;
(e) To monitor the operation of existing criminal
justice information systems in order to protect the
constitutional rights and privacy of individuals about
whom criminal history record information has been
collected;
(f) To provide an effective administrative forum for
the protection of the rights of individuals concerning
criminal history record information;

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(g) To issue regulations, guidelines, and procedures
which ensure the privacy and security of criminal history
record information consistent with State and federal laws;
(h) To act as the sole administrative appeal body in
the State of Illinois to conduct hearings and make final
determinations concerning individual challenges to the
completeness and accuracy of criminal history record
information;
(i) To act as the sole, official, criminal justice
body in the State of Illinois to conduct annual and
periodic audits of the procedures, policies, and practices
of the State central repositories for criminal history
record information to verify compliance with federal and
state laws and regulations governing such information;
(j) To advise the Authority's Statistical Analysis
Center;
(k) To apply for, receive, establish priorities for,
allocate, disburse, and spend grants of funds that are
made available by and received on or after January 1, 1983
from private sources or from the United States pursuant to
the federal Crime Control Act of 1973, as amended, and
similar federal legislation, and to enter into agreements
with the United States government to further the purposes
of this Act, or as may be required as a condition of
obtaining federal funds;
(l) To receive, expend, and account for such funds of

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the State of Illinois as may be made available to further
the purposes of this Act;
(m) To enter into contracts and to cooperate with
units of general local government or combinations of such
units, State agencies, and criminal justice system
agencies of other states for the purpose of carrying out
the duties of the Authority imposed by this Act or by the
federal Crime Control Act of 1973, as amended;
(n) To enter into contracts and cooperate with units
of general local government outside of Illinois, other
states' agencies, and private organizations outside of
Illinois to provide computer software or design that has
been developed for the Illinois criminal justice system,
or to participate in the cooperative development or design
of new software or systems to be used by the Illinois
criminal justice system;
(o) To establish general policies concerning criminal
justice information systems and to promulgate such rules,
regulations, and procedures as are necessary to the
operation of the Authority and to the uniform
consideration of appeals and audits;
(p) To advise and to make recommendations to the
Governor and the General Assembly on policies relating to
criminal justice information systems;
(q) To direct all other agencies under the
jurisdiction of the Governor to provide whatever

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assistance and information the Authority may lawfully
require to carry out its functions;
(r) To exercise any other powers that are reasonable
and necessary to fulfill the responsibilities of the
Authority under this Act and to comply with the
requirements of applicable federal law or regulation;
(s) To exercise the rights, powers, and duties which
have been vested in the Authority by the Illinois Uniform
Conviction Information Act;
(t) (Blank);
(u) To exercise the rights, powers, and duties vested
in the Authority by the Illinois Public Safety Agency
Network Act;
(v) To provide technical assistance in the form of
training to local governmental entities within Illinois
requesting such assistance for the purposes of procuring
grants for gang intervention and gang prevention programs
or other criminal justice programs from the United States
Department of Justice;
(w) To conduct strategic planning and provide
technical assistance to implement comprehensive trauma
recovery services for violent crime victims in underserved
communities with high levels of violent crime, with the
goal of providing a safe, community-based, culturally
competent environment in which to access services
necessary to facilitate recovery from the effects of

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chronic and repeat exposure to trauma. Services may
include, but are not limited to, behavioral health
treatment, financial recovery, family support and
relocation assistance, and support in navigating the legal
system; and
(x) To coordinate statewide violence prevention
efforts and assist in the implementation of trauma
recovery centers and analyze trauma recovery services. The
Authority shall develop, publish, and facilitate the
implementation of a 4-year statewide violence prevention
plan, which shall incorporate public health, public
safety, victim services, and trauma recovery centers and
services; and
(y) To compile and publish information regarding cold
case murders as provided in Section 40 of the Homicide
Victims' Families' Rights Act.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff.
12-10-18.)