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Illinois House Bill HB1210

Illinois 2023-2024 Regular Session

Illinois House Bill HB1210 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1210 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 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. LRB103 05831 RLC 50851 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1210 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: New Act 20 ILCS 3930/7 from Ch. 38, par. 210-7 New Act 20 ILCS 3930/7 from Ch. 38, par. 210-7 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. LRB103 05831 RLC 50851 b LRB103 05831 RLC 50851 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1210 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
33 New Act 20 ILCS 3930/7 from Ch. 38, par. 210-7 New Act 20 ILCS 3930/7 from Ch. 38, par. 210-7
44 New Act
55 20 ILCS 3930/7 from Ch. 38, par. 210-7
66 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.
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1414 1 AN ACT concerning homicide victims.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 1. Short title. This Act may be cited as the
1818 5 Homicide Victims' Families' Rights Act.
1919 6 Section 5. Definitions. In this Act:
2020 7 "Agency" means a law enforcement entity of this State or a
2121 8 unit of local government that is vested by law or ordinance
2222 9 with the duty to maintain public order and to enforce criminal
2323 10 laws or ordinances.
2424 11 "Applicable agency" means a law enforcement agency that is
2525 12 investigating or has investigated the murder of the victim in
2626 13 issue.
2727 14 "Cold case murder" means a murder committed more than 3
2828 15 years prior to the date of the application under subsection
2929 16 (a) of Section 10, for which all probative investigative leads
3030 17 have been exhausted, and for which no likely perpetrator has
3131 18 been identified.
3232 19 "Designated person" means (i) an immediate family member
3333 20 or (ii) a similarly situated person as the Attorney General
3434 21 shall by rule define.
3535 22 "Immediate family member" means a parent, parent-in-law,
3636 23 grandparent, grandparent-in-law, sibling, spouse, child, or
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1210 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
4141 New Act 20 ILCS 3930/7 from Ch. 38, par. 210-7 New Act 20 ILCS 3930/7 from Ch. 38, par. 210-7
4242 New Act
4343 20 ILCS 3930/7 from Ch. 38, par. 210-7
4444 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.
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4747 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4848 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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7979 1 stepchild of a murder victim.
8080 2 "Murder" means first degree murder or second degree murder
8181 3 as defined in Section 9-1 and 9-2 of the Criminal Code of 2012.
8282 4 "Victim" means the victim of a murder.
8383 5 Section 10. Case file review.
8484 6 (a) An applicable agency shall review the case file
8585 7 regarding a cold case murder upon written application by a
8686 8 designated person to determine if a full reinvestigation would
8787 9 result in probative investigative leads.
8888 10 (b) The case file review shall include, but is not limited
8989 11 to:
9090 12 (1) an analysis of what investigative steps or
9191 13 follow-up steps may have been missed in the initial
9292 14 investigation;
9393 15 (2) an assessment of whether witnesses should be
9494 16 interviewed or re-interviewed;
9595 17 (3) an examination of physical evidence to see if all
9696 18 appropriate forensic testing and analysis was performed in
9797 19 the first instance or if additional testing might produce
9898 20 information relevant to the investigation; and
9999 21 (4) a modernization of the file to bring it up to
100100 22 current investigative standards to the extent it would
101101 23 help develop probative leads.
102102 24 (c) The person or persons performing the review required
103103 25 by subsection (a) shall not have previously investigated the
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114114 1 murder at issue.
115115 2 (d) The applicable agency shall confirm in writing receipt
116116 3 of a request made under subsection (a).
117117 4 (e) Only one case review shall be undertaken at any one
118118 5 time with respect to the same cold case murder victim.
119119 6 (f) No later than 6 months after the receipt of the written
120120 7 application submitted pursuant to subsection (a), the
121121 8 applicable agency shall conclude its case file review and
122122 9 reach a conclusion whether a full reinvestigation under
123123 10 Section 25 is warranted.
124124 11 (g) The applicable agency may extend the limit in
125125 12 subsection (f) for periods not to exceed 6 months if the agency
126126 13 makes a finding that the number of case files to be reviewed
127127 14 make it impracticable to comply with said limit without
128128 15 unreasonably taking resources from other law enforcement
129129 16 activities.
130130 17 For cases for which the time limit in subsection (f) is
131131 18 extended, the applicable agency shall provide notice and an
132132 19 explanation of its reasoning to the designated person who
133133 20 filed the written application under this Section.
134134 21 Section 15. Application. Each agency shall develop a
135135 22 written application to be used for designated persons to
136136 23 request a case file review under Section 10.
137137 24 Section 20. Notice. Each agency shall provide notice of
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148148 1 the rights under this Act to designated persons as soon as is
149149 2 practicable after being made aware of a murder.
150150 3 Section 25. Full reinvestigation.
151151 4 (a) The applicable agency shall conduct a full
152152 5 reinvestigation of the cold case murder at issue if the review
153153 6 of the case file required by Section 10 concludes that a full
154154 7 reinvestigation of the cold case murder would result in
155155 8 probative investigative leads.
156156 9 (b) A full reinvestigation shall include analyzing all
157157 10 evidence regarding the cold case murder at issue for the
158158 11 purpose of developing probative investigative leads as to the
159159 12 perpetrator.
160160 13 (c) The person or persons performing the full
161161 14 reinvestigation required by subsection (a) shall not have
162162 15 previously investigated the murder at issue, except for the
163163 16 case file review pursuant to Section 10.
164164 17 (d) Only one full reinvestigation shall be undertaken at
165165 18 any one time with respect to the same cold case murder victim.
166166 19 Section 30. Consultation and updates.
167167 20 (a) The applicable agency shall consult with the
168168 21 designated person who filed the written application under
169169 22 Section 10 and provide him or her with periodic updates during
170170 23 the case file review and full reinvestigation.
171171 24 (b) The applicable agency shall meet with the designated
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182182 1 person and discuss the evidence to explain to the designated
183183 2 person who filed the written application under Section 10 its
184184 3 decision whether to engage in the full reinvestigation
185185 4 provided for under Section 25 at the conclusion of the case
186186 5 file review.
187187 6 Section 35. Subsequent reviews.
188188 7 (a) If a case file review is completed and a conclusion is
189189 8 reached not to conduct a full reinvestigation, no additional
190190 9 case file review shall be undertaken for a period of 5 years,
191191 10 unless there is newly discovered, materially significant
192192 11 evidence.
193193 12 (b) If a full reinvestigation is done and a suspect is not
194194 13 identified at its conclusion, no additional case file review
195195 14 or full reinvestigation shall be undertaken for a period of 5
196196 15 years, unless there is newly discovered, materially
197197 16 significant new evidence.
198198 17 Section 40. Data collection; annual report.
199199 18 (a) Beginning 3 years after the effective date of this
200200 19 Act, the Illinois Criminal Justice Information Authority
201201 20 annually shall publish statistics regarding the number of cold
202202 21 cases. The statistics published under this subsection at a
203203 22 minimum shall be broken down by the degree of murder and by
204204 23 agency, in addition to the criteria set forth in subsection
205205 24 (b).
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216216 1 (b) Each applicable agency annually shall submit data to
217217 2 the Illinois Criminal Justice Information Authority regarding
218218 3 the cold case murders within its jurisdiction, including, but
219219 4 not limited to, the number of requests received under
220220 5 subsection (a) of Section 10, the number of extensions granted
221221 6 and an explanation of reasons provided under subsection (g) of
222222 7 Section 10, the number of full reinvestigations initiated and
223223 8 closed under Section 25, and the number of suspects
224224 9 identified, arrested, charged, and convicted for each cold
225225 10 case murder investigated by the applicable agency under this
226226 11 Act during the year reported.
227227 12 (c) The Illinois Criminal Justice Information Authority
228228 13 shall submit an annual report to the General Assembly and the
229229 14 Governor compiling the information received by the Authority
230230 15 under subsection (b).
231231 16 Section 45. Procedures to promote compliance.
232232 17 (a) Not later than one year after the effective date of
233233 18 this Act, the head of each agency shall adopt rules to enforce
234234 19 the rights of designated persons and to ensure compliance by
235235 20 responsible officials with the obligations described in this
236236 21 Act.
237237 22 (b) The rules adopted under subsection (a) shall:
238238 23 (1) designate an administrative authority within the
239239 24 agency to receive and investigate complaints relating to
240240 25 the provision or violation of the rights of designated
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251251 1 persons;
252252 2 (2) require a course of training for employees of the
253253 3 agency regarding the rights provided under this Act;
254254 4 (3) contain disciplinary sanctions, including
255255 5 suspension or termination from employment, for employees
256256 6 of the agency who willfully or wantonly fail to comply
257257 7 with this Act;
258258 8 (4) establish a process for investigations into the
259259 9 conduct of persons no longer employed by a law enforcement
260260 10 agency when a complaint is filed and a process for
261261 11 referrals for prosecution to the appropriate State's
262262 12 Attorney; and
263263 13 (5) provide that the head of the agency, or the
264264 14 designee of the head of the agency, shall be the final
265265 15 arbiter of the complaint, and that there shall be no
266266 16 judicial review of the final decision of the head of the
267267 17 agency by a complainant.
268268 18 Section 50. Withholding information. Nothing in this Act
269269 19 shall require an agency to provide information that would
270270 20 endanger the safety of any person, unreasonably impede an
271271 21 ongoing investigation, violate a court order, or violate legal
272272 22 obligations regarding privacy.
273273 23 Section 55. Multiple agencies.
274274 24 (a) If there is more than one possible applicable agency,
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285285 1 each applicable agency shall coordinate its case file review
286286 2 or full reinvestigation such that there is only one joint case
287287 3 file review or full reinvestigation occurring at a time in
288288 4 compliance with subsection (e) of Section 10 or subsection (d)
289289 5 of Section 25, as applicable.
290290 6 (b) If an immediate family member believes there was bias
291291 7 demonstrated in the handling of the initial case, any case
292292 8 file review, or any full reinvestigation by any of the
293293 9 possible applicable agencies, the family member may
294294 10 communicate that concern to the Attorney General. The Attorney
295295 11 General shall review the allegations made by the immediate
296296 12 family member to determine whether, in the interest of
297297 13 justice, another law enforcement agency should conduct the
298298 14 case file review or the full reinvestigation, as applicable.
299299 15 Section 60. Applicability. This Act applies to murders
300300 16 occurring on or after January 1, 1970.
301301 17 Section 100. The Illinois Criminal Justice Information Act
302302 18 is amended by changing Section 7 as follows:
303303 19 (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
304304 20 Sec. 7. Powers and duties. The Authority shall have the
305305 21 following powers, duties, and responsibilities:
306306 22 (a) To develop and operate comprehensive information
307307 23 systems for the improvement and coordination of all
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318318 1 aspects of law enforcement, prosecution, and corrections;
319319 2 (b) To define, develop, evaluate, and correlate State
320320 3 and local programs and projects associated with the
321321 4 improvement of law enforcement and the administration of
322322 5 criminal justice;
323323 6 (c) To act as a central repository and clearing house
324324 7 for federal, state, and local research studies, plans,
325325 8 projects, proposals, and other information relating to all
326326 9 aspects of criminal justice system improvement and to
327327 10 encourage educational programs for citizen support of
328328 11 State and local efforts to make such improvements;
329329 12 (d) To undertake research studies to aid in
330330 13 accomplishing its purposes;
331331 14 (e) To monitor the operation of existing criminal
332332 15 justice information systems in order to protect the
333333 16 constitutional rights and privacy of individuals about
334334 17 whom criminal history record information has been
335335 18 collected;
336336 19 (f) To provide an effective administrative forum for
337337 20 the protection of the rights of individuals concerning
338338 21 criminal history record information;
339339 22 (g) To issue regulations, guidelines, and procedures
340340 23 which ensure the privacy and security of criminal history
341341 24 record information consistent with State and federal laws;
342342 25 (h) To act as the sole administrative appeal body in
343343 26 the State of Illinois to conduct hearings and make final
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354354 1 determinations concerning individual challenges to the
355355 2 completeness and accuracy of criminal history record
356356 3 information;
357357 4 (i) To act as the sole, official, criminal justice
358358 5 body in the State of Illinois to conduct annual and
359359 6 periodic audits of the procedures, policies, and practices
360360 7 of the State central repositories for criminal history
361361 8 record information to verify compliance with federal and
362362 9 state laws and regulations governing such information;
363363 10 (j) To advise the Authority's Statistical Analysis
364364 11 Center;
365365 12 (k) To apply for, receive, establish priorities for,
366366 13 allocate, disburse, and spend grants of funds that are
367367 14 made available by and received on or after January 1, 1983
368368 15 from private sources or from the United States pursuant to
369369 16 the federal Crime Control Act of 1973, as amended, and
370370 17 similar federal legislation, and to enter into agreements
371371 18 with the United States government to further the purposes
372372 19 of this Act, or as may be required as a condition of
373373 20 obtaining federal funds;
374374 21 (l) To receive, expend, and account for such funds of
375375 22 the State of Illinois as may be made available to further
376376 23 the purposes of this Act;
377377 24 (m) To enter into contracts and to cooperate with
378378 25 units of general local government or combinations of such
379379 26 units, State agencies, and criminal justice system
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390390 1 agencies of other states for the purpose of carrying out
391391 2 the duties of the Authority imposed by this Act or by the
392392 3 federal Crime Control Act of 1973, as amended;
393393 4 (n) To enter into contracts and cooperate with units
394394 5 of general local government outside of Illinois, other
395395 6 states' agencies, and private organizations outside of
396396 7 Illinois to provide computer software or design that has
397397 8 been developed for the Illinois criminal justice system,
398398 9 or to participate in the cooperative development or design
399399 10 of new software or systems to be used by the Illinois
400400 11 criminal justice system;
401401 12 (o) To establish general policies concerning criminal
402402 13 justice information systems and to promulgate such rules,
403403 14 regulations, and procedures as are necessary to the
404404 15 operation of the Authority and to the uniform
405405 16 consideration of appeals and audits;
406406 17 (p) To advise and to make recommendations to the
407407 18 Governor and the General Assembly on policies relating to
408408 19 criminal justice information systems;
409409 20 (q) To direct all other agencies under the
410410 21 jurisdiction of the Governor to provide whatever
411411 22 assistance and information the Authority may lawfully
412412 23 require to carry out its functions;
413413 24 (r) To exercise any other powers that are reasonable
414414 25 and necessary to fulfill the responsibilities of the
415415 26 Authority under this Act and to comply with the
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426426 1 requirements of applicable federal law or regulation;
427427 2 (s) To exercise the rights, powers, and duties which
428428 3 have been vested in the Authority by the Illinois Uniform
429429 4 Conviction Information Act;
430430 5 (t) (Blank);
431431 6 (u) To exercise the rights, powers, and duties vested
432432 7 in the Authority by the Illinois Public Safety Agency
433433 8 Network Act;
434434 9 (v) To provide technical assistance in the form of
435435 10 training to local governmental entities within Illinois
436436 11 requesting such assistance for the purposes of procuring
437437 12 grants for gang intervention and gang prevention programs
438438 13 or other criminal justice programs from the United States
439439 14 Department of Justice;
440440 15 (w) To conduct strategic planning and provide
441441 16 technical assistance to implement comprehensive trauma
442442 17 recovery services for violent crime victims in underserved
443443 18 communities with high levels of violent crime, with the
444444 19 goal of providing a safe, community-based, culturally
445445 20 competent environment in which to access services
446446 21 necessary to facilitate recovery from the effects of
447447 22 chronic and repeat exposure to trauma. Services may
448448 23 include, but are not limited to, behavioral health
449449 24 treatment, financial recovery, family support and
450450 25 relocation assistance, and support in navigating the legal
451451 26 system; and
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462462 1 (x) To coordinate statewide violence prevention
463463 2 efforts and assist in the implementation of trauma
464464 3 recovery centers and analyze trauma recovery services. The
465465 4 Authority shall develop, publish, and facilitate the
466466 5 implementation of a 4-year statewide violence prevention
467467 6 plan, which shall incorporate public health, public
468468 7 safety, victim services, and trauma recovery centers and
469469 8 services; and
470470 9 (y) To compile and publish information regarding cold
471471 10 case murders as provided in Section 40 of the Homicide
472472 11 Victims' Families' Rights Act.
473473 12 The requirement for reporting to the General Assembly
474474 13 shall be satisfied by filing copies of the report as required
475475 14 by Section 3.1 of the General Assembly Organization Act, and
476476 15 filing such additional copies with the State Government Report
477477 16 Distribution Center for the General Assembly as is required
478478 17 under paragraph (t) of Section 7 of the State Library Act.
479479 18 (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
480480 19 100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff.
481481 20 12-10-18.)
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