Bill Text: IL SB1528 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Provides that in any case where a defendant has been convicted of a violent crime or a juvenile has been adjudicated a delinquent for a violent crime, the victim or his or her representative and immediate family or household member upon their request shall (rather than may) be permitted by the court to orally address (rather than address) the court regarding the impact of the defendant's criminal conduct or juvenile delinquent conduct has upon them.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB1528 Detail]

Download: Illinois-2013-SB1528-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities re-open a closed
case to resume investigating, they shall provide notice of the
re-opening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:

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(1) shall provide notice of the filing of information,
the return of an indictment by which a prosecution for any
violent crime is commenced, or the filing of a petition to
adjudicate a minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place
of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of a
secure waiting area during court proceedings that does not

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require victims to be in close proximity to defendant or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which
acts occurred for which a defendant is charged with an
offense, shall notify the spouse, parent, child or sibling
of the decedent of the date of the trial of the person or
persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and the right to retain an attorney, at
the victim's own expense, who, upon written notice filed
with the clerk of the court and State's Attorney, is to
receive copies of all notices, motions and court orders
filed thereafter in the case, in the same manner as if the
victim were a named party in the case;
(9.5) shall inform the victim of (A) the victim's right
under Section 6 of this Act to make a victim impact

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statement at the sentencing hearing; and (B) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent and other
immediate family and household members to submit
information to the preparer of the presentence report about
the effect the offense has had on the victim and the
person;
(10) at the sentencing hearing shall make a good faith
attempt to explain the minimum amount of time during which
the defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board information concerning the release of the
defendant under subparagraph (d)(1) of this Section;
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided
by law; and
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section.
(c) At the written request of the crime victim, the office
of the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any

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hearing the effect of which may be the release of defendant
from custody, or to alter the conditions of bond and the
sentencing hearing. The crime victim shall also be notified
of the cancellation of the court proceeding in sufficient
time, wherever possible, to prevent an unnecessary
appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of the
defendant on bail or personal recognizance or the release
from detention of a minor who has been detained for a
violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a
juvenile as a delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer of
a plea bargain to the defendant or enters into negotiations
with the defendant concerning a possible plea agreement,
and shall consider the written victim impact statement, if
prepared prior to entering into a plea agreement;
(5) provide notice of the ultimate disposition of the
cases arising from an indictment or an information, or a
petition to have a juvenile adjudicated as a delinquent for
a violent crime;
(6) provide notice of any appeal taken by the defendant
and information on how to contact the appropriate agency

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handling the appeal;
(7) provide notice of any request for post-conviction
review filed by the defendant under Article 122 of the Code
of Criminal Procedure of 1963, and of the date, time and
place of any hearing concerning the petition. Whenever
possible, notice of the hearing shall be given in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered by
the Board in making its determination under subsection (b)
of Section 3-3-8 of the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney

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shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority.
(2) When the defendant has been committed to the Department
of Human Services pursuant to Section 5-2-4 or any other
provision of the Unified Code of Corrections, the victim may
request to be notified by the releasing authority of the
approval by the court of an on-grounds pass, a supervised
off-grounds pass, an unsupervised off-grounds pass, or
conditional release; the release on an off-grounds pass; the
return from an off-grounds pass; transfer to another facility;
conditional release; escape; death; or final discharge from
State custody. The Department of Human Services shall establish
and maintain a statewide telephone number to be used by victims
to make notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile Justice
immediately shall notify the Prisoner Review Board of the
escape and the Prisoner Review Board shall notify the victim.
The notification shall be based upon the most recent
information as to the victim's residence or other location
available to the Board. When no such information is available,

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the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections or the Department of
Juvenile Justice immediately shall notify the Prisoner Review
Board and the Board shall notify the victim.
(4) The victim of the crime for which the prisoner has been
sentenced shall receive reasonable written notice not less than
30 days prior to the parole interview and may submit, in
writing, on film, videotape or other electronic means or in the
form of a recording or in person at the parole interview or if
a victim of a violent crime, by calling the toll-free number
established in subsection (f) of this Section, information for
consideration by the Prisoner Review Board. The victim shall be
notified within 7 days after the prisoner has been granted
parole and shall be informed of the right to inspect the
registry of parole decisions, established under subsection (g)
of Section 3-3-5 of the Unified Code of Corrections. The
provisions of this paragraph (4) are subject to the Open Parole
Hearings Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order of
discharge entered by the Board pursuant to Section 3-3-8 of the
Unified Code of Corrections.
(6) At the written request of the victim of the crime for
which the prisoner was sentenced or the State's Attorney of the
county where the person seeking parole was prosecuted, the

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Prisoner Review Board shall notify the victim and the State's
Attorney of the county where the person seeking parole was
prosecuted of the death of the prisoner if the prisoner died
while on parole or mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile Justice,
or the Department of Human Services is released or discharged
and subsequently committed to the Department of Human Services
as a sexually violent person and the victim had requested to be
notified by the releasing authority of the defendant's
discharge, conditional release, death, or escape from State
custody, the releasing authority shall provide to the
Department of Human Services such information that would allow
the Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act and
has been sentenced to the Department of Corrections or the
Department of Juvenile Justice, the Prisoner Review Board shall
notify the victim of the sex offense of the prisoner's
eligibility for release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian of the discharge of
any individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge from
county custody. The notification shall be made to the victim at

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least 30 days, whenever possible, before release of the sex
offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.
(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12;
97-815, eff. 1-1-13.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-3-2 as follows:
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)

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Sec. 5-3-2. Presentence Report.
(a) In felony cases, the presentence report shall set
forth:
(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the
victim or victims thereof, and any compensatory benefit
that various sentencing alternatives would confer on such
victim or victims;
(3.5) information provided by the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members about the effect the offense
committed has had on the victim and on the person providing
the information; if the victim's spouse, guardian, parent,
grandparent, or other immediate family or household member

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has provided a written statement, the statement shall be
attached to the report;
(4) information concerning the defendant's status
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;
(6) any other matters that the investigatory officer
deems relevant or the court directs to be included; and
(7) information concerning defendant's eligibility for
a sentence to a county impact incarceration program under
Section 5-8-1.2 of this Code.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
(b-5) In cases involving felony sex offenses in which the

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offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this

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Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without bail or to have his bail revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section
970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff.
7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)