SB 19 — PRB-ADMIN CHANGES

SB0019 EngrossedEnrolled LRB104 08032 JDS 18078 b AN ACT concerning criminal law.

However, if the participant was receiving the maximum rate of annuity at the time of re-employment, he or she may elect, in a written direction filed with the board, not to receive any additional SB0019 EngrossedEnrolled - 2 - LRB104 08032 JDS 18078 b service credit during the period of re-employment.

Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative SB0019 EngrossedEnrolled - 3 - LRB104 08032 JDS 18078 b Ethics Commission, or as a full-time member of the Prisoner Review Board, but has not elected to participate in the Article 14 System with respect to that service, shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service.

This subsection (f) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this SB0019 EngrossedEnrolled - 4 - LRB104 08032 JDS 18078 b amendatory Act of the 93rd General Assembly.

(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 SB0019 EngrossedEnrolled - 5 - LRB104 08032 JDS 18078 b 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.

SB0019 EngrossedEnrolled - 6 - LRB104 08032 JDS 18078 b (2) shall provide timely notice of the date, time, and place of court proceedings;

(6) shall provide, whenever possible, a secure waiting SB0019 EngrossedEnrolled - 7 - LRB104 08032 JDS 18078 b area during court proceedings that does not require victims to be in close proximity to defendants or juveniles accused of a violent crime, and their families and friends;

(9.3) shall inform the victim of 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 SB0019 EngrossedEnrolled - 8 - LRB104 08032 JDS 18078 b case;

(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 SB0019 EngrossedEnrolled - 9 - LRB104 08032 JDS 18078 b Human Services, including the statewide telephone number, under subparagraph (d)(2) of this Section;

(16) shall provide notice of the ultimate disposition of the cases arising from an indictment or an information, SB0019 EngrossedEnrolled - 10 - LRB104 08032 JDS 18078 b or a petition to have a juvenile adjudicated as a delinquent for a violent crime;

and SB0019 EngrossedEnrolled - 11 - LRB104 08032 JDS 18078 b (21) shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice.

SB0019 EngrossedEnrolled - 12 - LRB104 08032 JDS 18078 b (3) Standing.

(B) If the prosecuting attorney elects not to assert a victim's right or to seek enforcement of a right, the victim or the victim's attorney may assert SB0019 EngrossedEnrolled - 13 - LRB104 08032 JDS 18078 b the victim's right or request enforcement of a right by filing a motion or by orally asserting the right or requesting enforcement in open court in the criminal case outside the presence of the jury.

The reasons SB0019 EngrossedEnrolled - 14 - LRB104 08032 JDS 18078 b for any decision denying the motion or request shall be clearly stated on the record.

(F) Crime victims' rights may also be asserted by filing a complaint for mandamus, injunctive, or declaratory relief in the jurisdiction in which the SB0019 EngrossedEnrolled - 15 - LRB104 08032 JDS 18078 b victim's right is being violated or where the crime is being prosecuted.

(A-5) Consideration of an issue of a substantive nature or an issue that implicates the constitutional or statutory right of a victim at a court proceeding labeled as a status hearing shall constitute a per se SB0019 EngrossedEnrolled - 16 - LRB104 08032 JDS 18078 b violation of a victim's right.

The motion must state with SB0019 EngrossedEnrolled - 17 - LRB104 08032 JDS 18078 b specificity the reason exclusion is necessary to protect a constitutional right of the party, and must contain an offer of proof.

and (ii) the anticipated testimony contains relevant, admissible, and material evidence that is not available through other witnesses or evidence, the court shall issue a subpoena requiring the advocate to SB0019 EngrossedEnrolled - 18 - LRB104 08032 JDS 18078 b appear to testify at an in camera hearing.

(B) If a victim has asserted the right to have a support person present at the court proceedings, the victim shall provide the name of the person the victim has chosen to be the victim's support person to the SB0019 EngrossedEnrolled - 19 - LRB104 08032 JDS 18078 b prosecuting attorney, within 60 days of trial.

A defendant who fails to question the support person about matters outside the scope of direct examination during the State's SB0019 EngrossedEnrolled - 20 - LRB104 08032 JDS 18078 b case-in-chief waives the right to challenge the presence of the support person on appeal.

If the court excludes the victim's support person SB0019 EngrossedEnrolled - 21 - LRB104 08032 JDS 18078 b during the State's case-in-chief, the victim shall be allowed to choose another support person to be present in court.

(i) the testimony or records are not protected by an absolute privilege and (ii) the testimony or records contain relevant, admissible, and material evidence that is not available through other witnesses or evidence, the court shall issue a subpoena SB0019 EngrossedEnrolled - 22 - LRB104 08032 JDS 18078 b requiring the witness to appear in camera or a sealed copy of the records be delivered to the court to be reviewed in camera.

If the victim does not provide such written consent, including where necessary the appropriate signed document required for SB0019 EngrossedEnrolled - 23 - LRB104 08032 JDS 18078 b waiving privilege, the prosecuting attorney must serve the subpoena at least 21 days prior to the date a response or appearance is required to allow the subject of the subpoena time to file a motion to quash or request a hearing.

If the court determines that timely notice was not given or that the victim was not adequately informed of the nature of the court proceeding, the court shall not SB0019 EngrossedEnrolled - 24 - LRB104 08032 JDS 18078 b rule on any substantive issues, accept a plea, or impose a sentence and shall continue the hearing for the time necessary to notify the victim of the time, place and nature of the court proceeding.

In ruling on a motion to continue, the court shall consider the reasons for the requested continuance, the number and length of continuances that SB0019 EngrossedEnrolled - 25 - LRB104 08032 JDS 18078 b have been granted, the victim's objections and procedures to avoid further delays.

The prosecutor shall file and serve within 60 days after sentencing a proposed judgment for restitution and a notice that includes information concerning the identity of any victims or other persons seeking restitution, whether any victim or other person expressly declines restitution, the nature and amount SB0019 EngrossedEnrolled - 26 - LRB104 08032 JDS 18078 b of any damages together with any supporting documentation, a restitution amount recommendation, and the names of any co-defendants and their case numbers.

(B) The State's Attorney or the defendant may request the court redact other information in the SB0019 EngrossedEnrolled - 27 - LRB104 08032 JDS 18078 b report that may endanger the safety of any person.

SB0019 EngrossedEnrolled - 28 - LRB104 08032 JDS 18078 b (16) The right to be reasonably protected from the accused throughout the criminal justice process and 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.

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 SB0019 EngrossedEnrolled - 29 - LRB104 08032 JDS 18078 b and dates of such furlough.

(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 SB0019 EngrossedEnrolled - 30 - LRB104 08032 JDS 18078 b off-grounds pass, or conditional release;

The Board shall document its efforts to provide the required notification if a victim alleges lack of SB0019 EngrossedEnrolled - 31 - LRB104 08032 JDS 18078 b notification under this paragraph (3).

SB0019 EngrossedEnrolled - 32 - LRB104 08032 JDS 18078 b (4-1) The crime victim, including any person who has had a final, plenary, non-emergency, or emergency protective order granted against the petitioner or parole candidate under Article 112A of the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, or the Civil No Contact Order Act, has the right to submit a victim statement, in support or opposition, for consideration by the Prisoner Review Board or the Department of Juvenile Justice prior to or at a hearing 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.

(4-2) The crime victim, including any person who has had a final, plenary, non-emergency, or emergency protective order granted against the petitioner or parole SB0019 EngrossedEnrolled - 33 - LRB104 08032 JDS 18078 b candidate under Article 112A of the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, or the Civil No Contact Order Act, has the right to submit a victim statement, in support or opposition, to the Prisoner Review Board for consideration at an executive clemency hearing as provided in Section 3-3-13 of the Unified Code of Corrections.

(6) At the written or oral 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 or aftercare release was prosecuted, the Prisoner Review SB0019 EngrossedEnrolled - 34 - LRB104 08032 JDS 18078 b Board or Department of Juvenile Justice shall notify the victim and the State's Attorney of the county where the person seeking parole or aftercare release was prosecuted of the death of the prisoner if the prisoner died while on parole or aftercare release or mandatory supervised release.

(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 or the Department of Juvenile Justice shall notify the victim of the sex offense of the prisoner's eligibility for release on parole, aftercare release, mandatory supervised release, electronic detention, work release, international transfer or SB0019 EngrossedEnrolled - 35 - LRB104 08032 JDS 18078 b 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.

5-13-22.) SB0019 EngrossedEnrolled - 36 - LRB104 08032 JDS 18078 b (725 ILCS 120/5) (from Ch.

(4) to be provided with notice by the Office of the State's Attorney, where necessary, of the right to have a translator present whenever the witness' presence is required and, in compliance with the federal Americans SB0019 EngrossedEnrolled - 37 - LRB104 08032 JDS 18078 b with Disabilities Act of 1990, to be provided with notice of the right to communications access through a sign language interpreter or by other means.

(4) receive notice from the Prisoner Review Board or SB0019 EngrossedEnrolled - 38 - LRB104 08032 JDS 18078 b the Department of Juvenile Justice of the prisoner's release on parole, aftercare release, electronic detention, work release or mandatory supervised release and of the prisoner's final discharge from parole, aftercare release, electronic detention, work release, or mandatory supervised release.

1-1-22.) SB0019 EngrossedEnrolled - 39 - LRB104 08032 JDS 18078 b (725 ILCS 120/8.5) Sec.

The Attorney General may provide those who elect to participate with the equipment, software, or training SB0019 EngrossedEnrolled - 40 - LRB104 08032 JDS 18078 b necessary to bring their offices into the system.