Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0149 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0149 Introduced 1/17/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: 725 ILCS 5/114-13 from Ch. 38, par. 114-13725 ILCS 120/4 from Ch. 38, par. 1404725 ILCS 120/4.5 Amends the Code of Criminal Procedure of 1963. Provides that victims shall be provided access to all discovery materials, including, but not limited to, police reports, relevant cellular communication data, and communications between parties, upon request, in accordance with the Crime Victims' Rights provision of the Bill of Rights Article of the Illinois Constitution and the Rights of Crime Victims and Witnesses Act to aid in their protection against future harm and preparation for civil litigation. Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to discovery information, upon request, for protection and civil litigation preparation. Provides that victims of crimes shall have the right to request and receive, upon request, discovery information that is directly relevant to the criminal case and pertinent to the victim's involvement in the case. Establishes procedures for the victim to obtain discovery information. Provides that the disclosure of discovery materials must be done in a manner that safeguards the victim's personal safety and privacy, especially in cases in which there is a known risk of further harm or retaliation by the defendant or others involved in the case. Provides that discovery materials disclosed may only be used for the purpose of understanding the criminal case and preparing for potential civil litigation. Provides that the information may not be disclosed to third parties or used for any purpose unrelated to the criminal proceedings or related civil litigation. Provides that failure of law enforcement or the office of the prosecuting attorney to comply with the disclosure of discovery materials within the required time frame may result in a civil penalty of up to $50,000, or disciplinary action, or both, as determined by the appropriate oversight body. Effective immediately. LRB104 07858 RLC 17904 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0149 Introduced 1/17/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: 725 ILCS 5/114-13 from Ch. 38, par. 114-13725 ILCS 120/4 from Ch. 38, par. 1404725 ILCS 120/4.5 725 ILCS 5/114-13 from Ch. 38, par. 114-13 725 ILCS 120/4 from Ch. 38, par. 1404 725 ILCS 120/4.5 Amends the Code of Criminal Procedure of 1963. Provides that victims shall be provided access to all discovery materials, including, but not limited to, police reports, relevant cellular communication data, and communications between parties, upon request, in accordance with the Crime Victims' Rights provision of the Bill of Rights Article of the Illinois Constitution and the Rights of Crime Victims and Witnesses Act to aid in their protection against future harm and preparation for civil litigation. Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to discovery information, upon request, for protection and civil litigation preparation. Provides that victims of crimes shall have the right to request and receive, upon request, discovery information that is directly relevant to the criminal case and pertinent to the victim's involvement in the case. Establishes procedures for the victim to obtain discovery information. Provides that the disclosure of discovery materials must be done in a manner that safeguards the victim's personal safety and privacy, especially in cases in which there is a known risk of further harm or retaliation by the defendant or others involved in the case. Provides that discovery materials disclosed may only be used for the purpose of understanding the criminal case and preparing for potential civil litigation. Provides that the information may not be disclosed to third parties or used for any purpose unrelated to the criminal proceedings or related civil litigation. Provides that failure of law enforcement or the office of the prosecuting attorney to comply with the disclosure of discovery materials within the required time frame may result in a civil penalty of up to $50,000, or disciplinary action, or both, as determined by the appropriate oversight body. Effective immediately. LRB104 07858 RLC 17904 b LRB104 07858 RLC 17904 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0149 Introduced 1/17/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/114-13 from Ch. 38, par. 114-13725 ILCS 120/4 from Ch. 38, par. 1404725 ILCS 120/4.5 725 ILCS 5/114-13 from Ch. 38, par. 114-13 725 ILCS 120/4 from Ch. 38, par. 1404 725 ILCS 120/4.5
4	4	725 ILCS 5/114-13 from Ch. 38, par. 114-13
5	5	725 ILCS 120/4 from Ch. 38, par. 1404
6	6	725 ILCS 120/4.5
7	7	Amends the Code of Criminal Procedure of 1963. Provides that victims shall be provided access to all discovery materials, including, but not limited to, police reports, relevant cellular communication data, and communications between parties, upon request, in accordance with the Crime Victims' Rights provision of the Bill of Rights Article of the Illinois Constitution and the Rights of Crime Victims and Witnesses Act to aid in their protection against future harm and preparation for civil litigation. Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to discovery information, upon request, for protection and civil litigation preparation. Provides that victims of crimes shall have the right to request and receive, upon request, discovery information that is directly relevant to the criminal case and pertinent to the victim's involvement in the case. Establishes procedures for the victim to obtain discovery information. Provides that the disclosure of discovery materials must be done in a manner that safeguards the victim's personal safety and privacy, especially in cases in which there is a known risk of further harm or retaliation by the defendant or others involved in the case. Provides that discovery materials disclosed may only be used for the purpose of understanding the criminal case and preparing for potential civil litigation. Provides that the information may not be disclosed to third parties or used for any purpose unrelated to the criminal proceedings or related civil litigation. Provides that failure of law enforcement or the office of the prosecuting attorney to comply with the disclosure of discovery materials within the required time frame may result in a civil penalty of up to $50,000, or disciplinary action, or both, as determined by the appropriate oversight body. Effective immediately.
8	8	LRB104 07858 RLC 17904 b LRB104 07858 RLC 17904 b
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10	10	A BILL FOR
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13	13	1 AN ACT concerning criminal law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Code of Criminal Procedure of 1963 is
17	17	5 amended by changing Section 114-13 as follows:
18	18	6 (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
19	19	7 Sec. 114-13. Discovery in criminal cases.
20	20	8 (a) Discovery procedures in criminal cases shall be in
21	21	9 accordance with Supreme Court Rules.
22	22	10 (a-1) Victims shall be provided access to all discovery
23	23	11 materials, including, but not limited to, police reports,
24	24	12 relevant cellular communication data, and communications
25	25	13 between parties, upon request, in accordance with Section 8.1
26	26	14 of Article I of the Illinois Constitution, paragraph (11) of
27	27	15 subsection (a) of Section 4 of the Rights of Crime Victims and
28	28	16 Witnesses Act, and paragraph (17) of subsection (c-5) of
29	29	17 Section 4.5 of the Rights of Crime Victims and Witnesses Act to
30	30	18 aid in their protection against future harm and preparation
31	31	19 for civil litigation.
32	32	20 (b) Any public investigative, law enforcement, or other
33	33	21 public agency responsible for investigating any homicide
34	34	22 offense or participating in an investigation of any homicide
35	35	23 offense, other than defense investigators, shall provide to
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0149 Introduced 1/17/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
40	40	725 ILCS 5/114-13 from Ch. 38, par. 114-13725 ILCS 120/4 from Ch. 38, par. 1404725 ILCS 120/4.5 725 ILCS 5/114-13 from Ch. 38, par. 114-13 725 ILCS 120/4 from Ch. 38, par. 1404 725 ILCS 120/4.5
41	41	725 ILCS 5/114-13 from Ch. 38, par. 114-13
42	42	725 ILCS 120/4 from Ch. 38, par. 1404
43	43	725 ILCS 120/4.5
44	44	Amends the Code of Criminal Procedure of 1963. Provides that victims shall be provided access to all discovery materials, including, but not limited to, police reports, relevant cellular communication data, and communications between parties, upon request, in accordance with the Crime Victims' Rights provision of the Bill of Rights Article of the Illinois Constitution and the Rights of Crime Victims and Witnesses Act to aid in their protection against future harm and preparation for civil litigation. Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to discovery information, upon request, for protection and civil litigation preparation. Provides that victims of crimes shall have the right to request and receive, upon request, discovery information that is directly relevant to the criminal case and pertinent to the victim's involvement in the case. Establishes procedures for the victim to obtain discovery information. Provides that the disclosure of discovery materials must be done in a manner that safeguards the victim's personal safety and privacy, especially in cases in which there is a known risk of further harm or retaliation by the defendant or others involved in the case. Provides that discovery materials disclosed may only be used for the purpose of understanding the criminal case and preparing for potential civil litigation. Provides that the information may not be disclosed to third parties or used for any purpose unrelated to the criminal proceedings or related civil litigation. Provides that failure of law enforcement or the office of the prosecuting attorney to comply with the disclosure of discovery materials within the required time frame may result in a civil penalty of up to $50,000, or disciplinary action, or both, as determined by the appropriate oversight body. Effective immediately.
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47	47	A BILL FOR
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53	53	725 ILCS 5/114-13 from Ch. 38, par. 114-13
54	54	725 ILCS 120/4 from Ch. 38, par. 1404
55	55	725 ILCS 120/4.5
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74	74	1 the authority prosecuting the offense all investigative
75	75	2 material, including but not limited to reports, memoranda, and
76	76	3 field notes, that have been generated by or have come into the
77	77	4 possession of the investigating agency concerning the homicide
78	78	5 offense being investigated. In addition, the investigating
79	79	6 agency shall provide to the prosecuting authority any material
80	80	7 or information, including but not limited to reports,
81	81	8 memoranda, and field notes, within its possession or control
82	82	9 that would tend to negate the guilt of the accused of the
83	83	10 offense charged or reduce his or her punishment for the
84	84	11 homicide offense. Every investigative and law enforcement
85	85	12 agency in this State shall adopt policies to ensure compliance
86	86	13 with these standards. Any investigative, law enforcement, or
87	87	14 other public agency responsible for investigating any
88	88	15 "non-homicide felony" offense or participating in an
89	89	16 investigation of any "non-homicide felony" offense, other than
90	90	17 defense investigators, shall provide to the authority
91	91	18 prosecuting the offense all investigative material, including
92	92	19 but not limited to reports and memoranda that have been
93	93	20 generated by or have come into the possession of the
94	94	21 investigating agency concerning the "non-homicide felony"
95	95	22 offense being investigated. In addition, the investigating
96	96	23 agency shall provide to the prosecuting authority any material
97	97	24 or information, including but not limited to reports and
98	98	25 memoranda, within its possession or control that would tend to
99	99	26 negate the guilt of the accused of the "non-homicide felony"
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110	110	1 offense charged or reduce his or her punishment for the
111	111	2 "non-homicide felony" offense. This obligation to furnish
112	112	3 exculpatory evidence exists whether the information was
113	113	4 recorded or documented in any form. Every investigative and
114	114	5 law enforcement agency in this State shall adopt policies to
115	115	6 ensure compliance with these standards.
116	116	7 (Source: P.A. 93-605, eff. 11-19-03.)
117	117	8 Section 10. The Rights of Crime Victims and Witnesses Act
118	118	9 is amended by changing Sections 4 and 4.5 as follows:
119	119	10 (725 ILCS 120/4) (from Ch. 38, par. 1404)
120	120	11 Sec. 4. Rights of crime victims.
121	121	12 (a) Crime victims shall have the following rights:
122	122	13 (1) The right to be treated with fairness and respect
123	123	14 for their dignity and privacy and to be free from
124	124	15 harassment, intimidation, and abuse throughout the
125	125	16 criminal justice process.
126	126	17 (1.5) The right to notice and to a hearing before a
127	127	18 court ruling on a request for access to any of the victim's
128	128	19 records, information, or communications which are
129	129	20 privileged or confidential by law.
130	130	21 (1.6) Except as otherwise provided in Section 9.5 of
131	131	22 the Criminal Identification Act or Section 3-3013 of the
132	132	23 Counties Code, whenever a person's DNA profile is
133	133	24 collected due to the person being a victim of a crime, as
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144	144	1 identified by law enforcement, that specific profile
145	145	2 collected in conjunction with that criminal investigation
146	146	3 shall not be entered into any DNA database. Nothing in
147	147	4 this paragraph (1.6) shall be interpreted to contradict
148	148	5 rules and regulations developed by the Federal Bureau of
149	149	6 Investigation relating to the National DNA Index System or
150	150	7 Combined DNA Index System.
151	151	8 (2) The right to timely notification of all court
152	152	9 proceedings.
153	153	10 (3) The right to communicate with the prosecution.
154	154	11 (4) The right to be heard at any post-arraignment
155	155	12 court proceeding in which a right of the victim is at issue
156	156	13 and any court proceeding involving a post-arraignment
157	157	14 release decision, plea, or sentencing.
158	158	15 (5) The right to be notified of the conviction, the
159	159	16 sentence, the imprisonment and the release of the accused.
160	160	17 (6) The right to the timely disposition of the case
161	161	18 following the arrest of the accused.
162	162	19 (7) The right to be reasonably protected from the
163	163	20 accused through the criminal justice process.
164	164	21 (7.5) The right to have the safety of the victim and
165	165	22 the victim's family considered in determining whether to
166	166	23 release the defendant and setting conditions of release
167	167	24 after arrest and conviction.
168	168	25 (8) The right to be present at the trial and all other
169	169	26 court proceedings on the same basis as the accused, unless
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180	180	1 the victim is to testify and the court determines that the
181	181	2 victim's testimony would be materially affected if the
182	182	3 victim hears other testimony at the trial.
183	183	4 (9) The right to have present at all court
184	184	5 proceedings, including proceedings under the Juvenile
185	185	6 Court Act of 1987, subject to the rules of evidence, an
186	186	7 advocate and other support person of the victim's choice.
187	187	8 (10) The right to restitution.
188	188	9 (11) The right to discovery information upon request
189	189	10 for protection and civil litigation preparation as
190	190	11 provided in paragraph (17) of subsection (c-5) of Section
191	191	12 4.5.
192	192	13 (b) Any law enforcement agency that investigates an
193	193	14 offense committed in this State shall provide a crime victim
194	194	15 with a written statement and explanation of the rights of
195	195	16 crime victims under this amendatory Act of the 99th General
196	196	17 Assembly within 48 hours of law enforcement's initial contact
197	197	18 with a victim. The statement shall include information about
198	198	19 crime victim compensation, including how to contact the Office
199	199	20 of the Illinois Attorney General to file a claim, and
200	200	21 appropriate referrals to local and State programs that provide
201	201	22 victim services. The content of the statement shall be
202	202	23 provided to law enforcement by the Attorney General. Law
203	203	24 enforcement shall also provide a crime victim with a sign-off
204	204	25 sheet that the victim shall sign and date as an
205	205	26 acknowledgement that he or she has been furnished with
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216	216	1 information and an explanation of the rights of crime victims
217	217	2 and compensation set forth in this Act.
218	218	3 (b-5) Upon the request of the victim, the law enforcement
219	219	4 agency having jurisdiction shall provide a free copy of the
220	220	5 police report concerning the victim's incident, as soon as
221	221	6 practicable, but in no event later than 5 business days from
222	222	7 the request.
223	223	8 (c) The Clerk of the Circuit Court shall post the rights of
224	224	9 crime victims set forth in Article I, Section 8.1(a) of the
225	225	10 Illinois Constitution and subsection (a) of this Section
226	226	11 within 3 feet of the door to any courtroom where criminal
227	227	12 proceedings are conducted. The clerk may also post the rights
228	228	13 in other locations in the courthouse.
229	229	14 (d) At any point, the victim has the right to retain a
230	230	15 victim's attorney who may be present during all stages of any
231	231	16 interview, investigation, or other interaction with
232	232	17 representatives of the criminal justice system. Treatment of
233	233	18 the victim should not be affected or altered in any way as a
234	234	19 result of the victim's decision to exercise this right.
235	235	20 (Source: P.A. 103-792, eff. 1-1-25.)
236	236	21 (725 ILCS 120/4.5)
237	237	22 Sec. 4.5. Procedures to implement the rights of crime
238	238	23 victims. To afford crime victims their rights, law
239	239	24 enforcement, prosecutors, judges, and corrections will provide
240	240	25 information, as appropriate, of the following procedures:
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251	251	1 (a) At the request of the crime victim, law enforcement
252	252	2 authorities investigating the case shall provide notice of the
253	253	3 status of the investigation, except where the State's Attorney
254	254	4 determines that disclosure of such information would
255	255	5 unreasonably interfere with the investigation, until such time
256	256	6 as the alleged assailant is apprehended or the investigation
257	257	7 is closed.
258	258	8 (a-5) When law enforcement authorities reopen a closed
259	259	9 case to resume investigating, they shall provide notice of the
260	260	10 reopening of the case, except where the State's Attorney
261	261	11 determines that disclosure of such information would
262	262	12 unreasonably interfere with the investigation.
263	263	13 (b) The office of the State's Attorney:
264	264	14 (1) shall provide notice of the filing of an
265	265	15 information, the return of an indictment, or the filing of
266	266	16 a petition to adjudicate a minor as a delinquent for a
267	267	17 violent crime;
268	268	18 (2) shall provide timely notice of the date, time, and
269	269	19 place of court proceedings; of any change in the date,
270	270	20 time, and place of court proceedings; and of any
271	271	21 cancellation of court proceedings. Notice shall be
272	272	22 provided in sufficient time, wherever possible, for the
273	273	23 victim to make arrangements to attend or to prevent an
274	274	24 unnecessary appearance at court proceedings;
275	275	25 (3) or victim advocate personnel shall provide
276	276	26 information of social services and financial assistance
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287	287	1 available for victims of crime, including information of
288	288	2 how to apply for these services and assistance;
289	289	3 (3.5) or victim advocate personnel shall provide
290	290	4 information about available victim services, including
291	291	5 referrals to programs, counselors, and agencies that
292	292	6 assist a victim to deal with trauma, loss, and grief;
293	293	7 (4) shall assist in having any stolen or other
294	294	8 personal property held by law enforcement authorities for
295	295	9 evidentiary or other purposes returned as expeditiously as
296	296	10 possible, pursuant to the procedures set out in Section
297	297	11 115-9 of the Code of Criminal Procedure of 1963;
298	298	12 (5) or victim advocate personnel shall provide
299	299	13 appropriate employer intercession services to ensure that
300	300	14 employers of victims will cooperate with the criminal
301	301	15 justice system in order to minimize an employee's loss of
302	302	16 pay and other benefits resulting from court appearances;
303	303	17 (6) shall provide, whenever possible, a secure waiting
304	304	18 area during court proceedings that does not require
305	305	19 victims to be in close proximity to defendants or
306	306	20 juveniles accused of a violent crime, and their families
307	307	21 and friends;
308	308	22 (7) shall provide notice to the crime victim of the
309	309	23 right to have a translator present at all court
310	310	24 proceedings and, in compliance with the federal Americans
311	311	25 with Disabilities Act of 1990, the right to communications
312	312	26 access through a sign language interpreter or by other
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323	323	1 means;
324	324	2 (8) (blank);
325	325	3 (8.5) shall inform the victim of the right to be
326	326	4 present at all court proceedings, unless the victim is to
327	327	5 testify and the court determines that the victim's
328	328	6 testimony would be materially affected if the victim hears
329	329	7 other testimony at trial;
330	330	8 (9) shall inform the victim of the right to have
331	331	9 present at all court proceedings, subject to the rules of
332	332	10 evidence and confidentiality, an advocate and other
333	333	11 support person of the victim's choice;
334	334	12 (9.3) shall inform the victim of the right to retain
335	335	13 an attorney, at the victim's own expense, who, upon
336	336	14 written notice filed with the clerk of the court and
337	337	15 State's Attorney, is to receive copies of all notices,
338	338	16 motions, and court orders filed thereafter in the case, in
339	339	17 the same manner as if the victim were a named party in the
340	340	18 case;
341	341	19 (9.5) shall inform the victim of (A) the victim's
342	342	20 right under Section 6 of this Act to make a statement at
343	343	21 the sentencing hearing; (B) the right of the victim's
344	344	22 spouse, guardian, parent, grandparent, and other immediate
345	345	23 family and household members under Section 6 of this Act
346	346	24 to present a statement at sentencing; and (C) if a
347	347	25 presentence report is to be prepared, the right of the
348	348	26 victim's spouse, guardian, parent, grandparent, and other
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359	359	1 immediate family and household members to submit
360	360	2 information to the preparer of the presentence report
361	361	3 about the effect the offense has had on the victim and the
362	362	4 person;
363	363	5 (10) at the sentencing shall make a good faith attempt
364	364	6 to explain the minimum amount of time during which the
365	365	7 defendant may actually be physically imprisoned. The
366	366	8 Office of the State's Attorney shall further notify the
367	367	9 crime victim of the right to request from the Prisoner
368	368	10 Review Board or Department of Juvenile Justice information
369	369	11 concerning the release of the defendant;
370	370	12 (11) shall request restitution at sentencing and as
371	371	13 part of a plea agreement if the victim requests
372	372	14 restitution;
373	373	15 (12) shall, upon the court entering a verdict of not
374	374	16 guilty by reason of insanity, inform the victim of the
375	375	17 notification services available from the Department of
376	376	18 Human Services, including the statewide telephone number,
377	377	19 under subparagraph (d)(2) of this Section;
378	378	20 (13) shall provide notice within a reasonable time
379	379	21 after receipt of notice from the custodian, of the release
380	380	22 of the defendant on pretrial release or personal
381	381	23 recognizance or the release from detention of a minor who
382	382	24 has been detained;
383	383	25 (14) shall explain in nontechnical language the
384	384	26 details of any plea or verdict of a defendant, or any
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395	395	1 adjudication of a juvenile as a delinquent;
396	396	2 (15) shall make all reasonable efforts to consult with
397	397	3 the crime victim before the Office of the State's Attorney
398	398	4 makes an offer of a plea bargain to the defendant or enters
399	399	5 into negotiations with the defendant concerning a possible
400	400	6 plea agreement, and shall consider the written statement,
401	401	7 if prepared prior to entering into a plea agreement. The
402	402	8 right to consult with the prosecutor does not include the
403	403	9 right to veto a plea agreement or to insist the case go to
404	404	10 trial. If the State's Attorney has not consulted with the
405	405	11 victim prior to making an offer or entering into plea
406	406	12 negotiations with the defendant, the Office of the State's
407	407	13 Attorney shall notify the victim of the offer or the
408	408	14 negotiations within 2 business days and confer with the
409	409	15 victim;
410	410	16 (16) shall provide notice of the ultimate disposition
411	411	17 of the cases arising from an indictment or an information,
412	412	18 or a petition to have a juvenile adjudicated as a
413	413	19 delinquent for a violent crime;
414	414	20 (17) shall provide notice of any appeal taken by the
415	415	21 defendant and information on how to contact the
416	416	22 appropriate agency handling the appeal, and how to request
417	417	23 notice of any hearing, oral argument, or decision of an
418	418	24 appellate court;
419	419	25 (18) shall provide timely notice of any request for
420	420	26 post-conviction review filed by the defendant under
421	421
422	422
423	423
424	424
425	425
426	426	SB0149 - 11 - LRB104 07858 RLC 17904 b
427	427
428	428
429	429	SB0149- 12 -LRB104 07858 RLC 17904 b SB0149 - 12 - LRB104 07858 RLC 17904 b
430	430	SB0149 - 12 - LRB104 07858 RLC 17904 b
431	431	1 Article 122 of the Code of Criminal Procedure of 1963, and
432	432	2 of the date, time and place of any hearing concerning the
433	433	3 petition. Whenever possible, notice of the hearing shall
434	434	4 be given within 48 hours of the court's scheduling of the
435	435	5 hearing;
436	436	6 (19) shall forward a copy of any statement presented
437	437	7 under Section 6 to the Prisoner Review Board or Department
438	438	8 of Juvenile Justice to be considered in making a
439	439	9 determination under Section 3-2.5-85 or subsection (b) of
440	440	10 Section 3-3-8 of the Unified Code of Corrections;
441	441	11 (20) shall, within a reasonable time, offer to meet
442	442	12 with the crime victim regarding the decision of the
443	443	13 State's Attorney not to charge an offense, and shall meet
444	444	14 with the victim, if the victim agrees. The victim has a
445	445	15 right to have an attorney, advocate, and other support
446	446	16 person of the victim's choice attend this meeting with the
447	447	17 victim; and
448	448	18 (21) shall give the crime victim timely notice of any
449	449	19 decision not to pursue charges and consider the safety of
450	450	20 the victim when deciding how to give such notice.
451	451	21 (c) The court shall ensure that the rights of the victim
452	452	22 are afforded.
453	453	23 (c-5) The following procedures shall be followed to afford
454	454	24 victims the rights guaranteed by Article I, Section 8.1 of the
455	455	25 Illinois Constitution:
456	456	26 (1) Written notice. A victim may complete a written
457	457
458	458
459	459
460	460
461	461
462	462	SB0149 - 12 - LRB104 07858 RLC 17904 b
463	463
464	464
465	465	SB0149- 13 -LRB104 07858 RLC 17904 b SB0149 - 13 - LRB104 07858 RLC 17904 b
466	466	SB0149 - 13 - LRB104 07858 RLC 17904 b
467	467	1 notice of intent to assert rights on a form prepared by the
468	468	2 Office of the Attorney General and provided to the victim
469	469	3 by the State's Attorney. The victim may at any time
470	470	4 provide a revised written notice to the State's Attorney.
471	471	5 The State's Attorney shall file the written notice with
472	472	6 the court. At the beginning of any court proceeding in
473	473	7 which the right of a victim may be at issue, the court and
474	474	8 prosecutor shall review the written notice to determine
475	475	9 whether the victim has asserted the right that may be at
476	476	10 issue.
477	477	11 (2) Victim's retained attorney. A victim's attorney
478	478	12 shall file an entry of appearance limited to assertion of
479	479	13 the victim's rights. Upon the filing of the entry of
480	480	14 appearance and service on the State's Attorney and the
481	481	15 defendant, the attorney is to receive copies of all
482	482	16 notices, motions and court orders filed thereafter in the
483	483	17 case.
484	484	18 (3) Standing. The victim has standing to assert the
485	485	19 rights enumerated in subsection (a) of Article I, Section
486	486	20 8.1 of the Illinois Constitution and the statutory rights
487	487	21 under Section 4 of this Act in any court exercising
488	488	22 jurisdiction over the criminal case. The prosecuting
489	489	23 attorney, a victim, or the victim's retained attorney may
490	490	24 assert the victim's rights. The defendant in the criminal
491	491	25 case has no standing to assert a right of the victim in any
492	492	26 court proceeding, including on appeal.
493	493
494	494
495	495
496	496
497	497
498	498	SB0149 - 13 - LRB104 07858 RLC 17904 b
499	499
500	500
501	501	SB0149- 14 -LRB104 07858 RLC 17904 b SB0149 - 14 - LRB104 07858 RLC 17904 b
502	502	SB0149 - 14 - LRB104 07858 RLC 17904 b
503	503	1 (4) Assertion of and enforcement of rights.
504	504	2 (A) The prosecuting attorney shall assert a
505	505	3 victim's right or request enforcement of a right by
506	506	4 filing a motion or by orally asserting the right or
507	507	5 requesting enforcement in open court in the criminal
508	508	6 case outside the presence of the jury. The prosecuting
509	509	7 attorney shall consult with the victim and the
510	510	8 victim's attorney regarding the assertion or
511	511	9 enforcement of a right. If the prosecuting attorney
512	512	10 decides not to assert or enforce a victim's right, the
513	513	11 prosecuting attorney shall notify the victim or the
514	514	12 victim's attorney in sufficient time to allow the
515	515	13 victim or the victim's attorney to assert the right or
516	516	14 to seek enforcement of a right.
517	517	15 (B) If the prosecuting attorney elects not to
518	518	16 assert a victim's right or to seek enforcement of a
519	519	17 right, the victim or the victim's attorney may assert
520	520	18 the victim's right or request enforcement of a right
521	521	19 by filing a motion or by orally asserting the right or
522	522	20 requesting enforcement in open court in the criminal
523	523	21 case outside the presence of the jury.
524	524	22 (C) If the prosecuting attorney asserts a victim's
525	525	23 right or seeks enforcement of a right, unless the
526	526	24 prosecuting attorney objects or the trial court does
527	527	25 not allow it, the victim or the victim's attorney may
528	528	26 be heard regarding the prosecuting attorney's motion
529	529
530	530
531	531
532	532
533	533
534	534	SB0149 - 14 - LRB104 07858 RLC 17904 b
535	535
536	536
537	537	SB0149- 15 -LRB104 07858 RLC 17904 b SB0149 - 15 - LRB104 07858 RLC 17904 b
538	538	SB0149 - 15 - LRB104 07858 RLC 17904 b
539	539	1 or may file a simultaneous motion to assert or request
540	540	2 enforcement of the victim's right. If the victim or
541	541	3 the victim's attorney was not allowed to be heard at
542	542	4 the hearing regarding the prosecuting attorney's
543	543	5 motion, and the court denies the prosecuting
544	544	6 attorney's assertion of the right or denies the
545	545	7 request for enforcement of a right, the victim or
546	546	8 victim's attorney may file a motion to assert the
547	547	9 victim's right or to request enforcement of the right
548	548	10 within 10 days of the court's ruling. The motion need
549	549	11 not demonstrate the grounds for a motion for
550	550	12 reconsideration. The court shall rule on the merits of
551	551	13 the motion.
552	552	14 (D) The court shall take up and decide any motion
553	553	15 or request asserting or seeking enforcement of a
554	554	16 victim's right without delay, unless a specific time
555	555	17 period is specified by law or court rule. The reasons
556	556	18 for any decision denying the motion or request shall
557	557	19 be clearly stated on the record.
558	558	20 (E) No later than January 1, 2023, the Office of
559	559	21 the Attorney General shall:
560	560	22 (i) designate an administrative authority
561	561	23 within the Office of the Attorney General to
562	562	24 receive and investigate complaints relating to the
563	563	25 provision or violation of the rights of a crime
564	564	26 victim as described in Article I, Section 8.1 of
565	565
566	566
567	567
568	568
569	569
570	570	SB0149 - 15 - LRB104 07858 RLC 17904 b
571	571
572	572
573	573	SB0149- 16 -LRB104 07858 RLC 17904 b SB0149 - 16 - LRB104 07858 RLC 17904 b
574	574	SB0149 - 16 - LRB104 07858 RLC 17904 b
575	575	1 the Illinois Constitution and in this Act;
576	576	2 (ii) create and administer a course of
577	577	3 training for employees and offices of the State of
578	578	4 Illinois that fail to comply with provisions of
579	579	5 Illinois law pertaining to the treatment of crime
580	580	6 victims as described in Article I, Section 8.1 of
581	581	7 the Illinois Constitution and in this Act as
582	582	8 required by the court under Section 5 of this Act;
583	583	9 and
584	584	10 (iii) have the authority to make
585	585	11 recommendations to employees and offices of the
586	586	12 State of Illinois to respond more effectively to
587	587	13 the needs of crime victims, including regarding
588	588	14 the violation of the rights of a crime victim.
589	589	15 (F) Crime victims' rights may also be asserted by
590	590	16 filing a complaint for mandamus, injunctive, or
591	591	17 declaratory relief in the jurisdiction in which the
592	592	18 victim's right is being violated or where the crime is
593	593	19 being prosecuted. For complaints or motions filed by
594	594	20 or on behalf of the victim, the clerk of court shall
595	595	21 waive filing fees that would otherwise be owed by the
596	596	22 victim for any court filing with the purpose of
597	597	23 enforcing crime victims' rights. If the court denies
598	598	24 the relief sought by the victim, the reasons for the
599	599	25 denial shall be clearly stated on the record in the
600	600	26 transcript of the proceedings, in a written opinion,
601	601
602	602
603	603
604	604
605	605
606	606	SB0149 - 16 - LRB104 07858 RLC 17904 b
607	607
608	608
609	609	SB0149- 17 -LRB104 07858 RLC 17904 b SB0149 - 17 - LRB104 07858 RLC 17904 b
610	610	SB0149 - 17 - LRB104 07858 RLC 17904 b
611	611	1 or in the docket entry, and the victim may appeal the
612	612	2 circuit court's decision to the appellate court. The
613	613	3 court shall issue prompt rulings regarding victims'
614	614	4 rights. Proceedings seeking to enforce victims' rights
615	615	5 shall not be stayed or subject to unreasonable delay
616	616	6 via continuances.
617	617	7 (5) Violation of rights and remedies.
618	618	8 (A) If the court determines that a victim's right
619	619	9 has been violated, the court shall determine the
620	620	10 appropriate remedy for the violation of the victim's
621	621	11 right by hearing from the victim and the parties,
622	622	12 considering all factors relevant to the issue, and
623	623	13 then awarding appropriate relief to the victim.
624	624	14 (A-5) Consideration of an issue of a substantive
625	625	15 nature or an issue that implicates the constitutional
626	626	16 or statutory right of a victim at a court proceeding
627	627	17 labeled as a status hearing shall constitute a per se
628	628	18 violation of a victim's right.
629	629	19 (B) The appropriate remedy shall include only
630	630	20 actions necessary to provide the victim the right to
631	631	21 which the victim was entitled. Remedies may include,
632	632	22 but are not limited to: injunctive relief requiring
633	633	23 the victim's right to be afforded; declaratory
634	634	24 judgment recognizing or clarifying the victim's
635	635	25 rights; a writ of mandamus; and may include reopening
636	636	26 previously held proceedings; however, in no event
637	637
638	638
639	639
640	640
641	641
642	642	SB0149 - 17 - LRB104 07858 RLC 17904 b
643	643
644	644
645	645	SB0149- 18 -LRB104 07858 RLC 17904 b SB0149 - 18 - LRB104 07858 RLC 17904 b
646	646	SB0149 - 18 - LRB104 07858 RLC 17904 b
647	647	1 shall the court vacate a conviction. Any remedy shall
648	648	2 be tailored to provide the victim an appropriate
649	649	3 remedy without violating any constitutional right of
650	650	4 the defendant. In no event shall the appropriate
651	651	5 remedy to the victim be a new trial or damages.
652	652	6 The court shall impose a mandatory training course
653	653	7 provided by the Attorney General for the employee under
654	654	8 item (ii) of subparagraph (E) of paragraph (4), which must
655	655	9 be successfully completed within 6 months of the entry of
656	656	10 the court order.
657	657	11 This paragraph (5) takes effect January 2, 2023.
658	658	12 (6) Right to be heard. Whenever a victim has the right
659	659	13 to be heard, the court shall allow the victim to exercise
660	660	14 the right in any reasonable manner the victim chooses.
661	661	15 (7) Right to attend trial. A party must file a written
662	662	16 motion to exclude a victim from trial at least 60 days
663	663	17 prior to the date set for trial. The motion must state with
664	664	18 specificity the reason exclusion is necessary to protect a
665	665	19 constitutional right of the party, and must contain an
666	666	20 offer of proof. The court shall rule on the motion within
667	667	21 30 days. If the motion is granted, the court shall set
668	668	22 forth on the record the facts that support its finding
669	669	23 that the victim's testimony will be materially affected if
670	670	24 the victim hears other testimony at trial.
671	671	25 (8) Right to have advocate and support person present
672	672	26 at court proceedings.
673	673
674	674
675	675
676	676
677	677
678	678	SB0149 - 18 - LRB104 07858 RLC 17904 b
679	679
680	680
681	681	SB0149- 19 -LRB104 07858 RLC 17904 b SB0149 - 19 - LRB104 07858 RLC 17904 b
682	682	SB0149 - 19 - LRB104 07858 RLC 17904 b
683	683	1 (A) A party who intends to call an advocate as a
684	684	2 witness at trial must seek permission of the court
685	685	3 before the subpoena is issued. The party must file a
686	686	4 written motion at least 90 days before trial that sets
687	687	5 forth specifically the issues on which the advocate's
688	688	6 testimony is sought and an offer of proof regarding
689	689	7 (i) the content of the anticipated testimony of the
690	690	8 advocate; and (ii) the relevance, admissibility, and
691	691	9 materiality of the anticipated testimony. The court
692	692	10 shall consider the motion and make findings within 30
693	693	11 days of the filing of the motion. If the court finds by
694	694	12 a preponderance of the evidence that: (i) the
695	695	13 anticipated testimony is not protected by an absolute
696	696	14 privilege; and (ii) the anticipated testimony contains
697	697	15 relevant, admissible, and material evidence that is
698	698	16 not available through other witnesses or evidence, the
699	699	17 court shall issue a subpoena requiring the advocate to
700	700	18 appear to testify at an in camera hearing. The
701	701	19 prosecuting attorney and the victim shall have 15 days
702	702	20 to seek appellate review before the advocate is
703	703	21 required to testify at an ex parte in camera
704	704	22 proceeding.
705	705	23 The prosecuting attorney, the victim, and the
706	706	24 advocate's attorney shall be allowed to be present at
707	707	25 the ex parte in camera proceeding. If, after
708	708	26 conducting the ex parte in camera hearing, the court
709	709
710	710
711	711
712	712
713	713
714	714	SB0149 - 19 - LRB104 07858 RLC 17904 b
715	715
716	716
717	717	SB0149- 20 -LRB104 07858 RLC 17904 b SB0149 - 20 - LRB104 07858 RLC 17904 b
718	718	SB0149 - 20 - LRB104 07858 RLC 17904 b
719	719	1 determines that due process requires any testimony
720	720	2 regarding confidential or privileged information or
721	721	3 communications, the court shall provide to the
722	722	4 prosecuting attorney, the victim, and the advocate's
723	723	5 attorney a written memorandum on the substance of the
724	724	6 advocate's testimony. The prosecuting attorney, the
725	725	7 victim, and the advocate's attorney shall have 15 days
726	726	8 to seek appellate review before a subpoena may be
727	727	9 issued for the advocate to testify at trial. The
728	728	10 presence of the prosecuting attorney at the ex parte
729	729	11 in camera proceeding does not make the substance of
730	730	12 the advocate's testimony that the court has ruled
731	731	13 inadmissible subject to discovery.
732	732	14 (B) If a victim has asserted the right to have a
733	733	15 support person present at the court proceedings, the
734	734	16 victim shall provide the name of the person the victim
735	735	17 has chosen to be the victim's support person to the
736	736	18 prosecuting attorney, within 60 days of trial. The
737	737	19 prosecuting attorney shall provide the name to the
738	738	20 defendant. If the defendant intends to call the
739	739	21 support person as a witness at trial, the defendant
740	740	22 must seek permission of the court before a subpoena is
741	741	23 issued. The defendant must file a written motion at
742	742	24 least 45 days prior to trial that sets forth
743	743	25 specifically the issues on which the support person
744	744	26 will testify and an offer of proof regarding: (i) the
745	745
746	746
747	747
748	748
749	749
750	750	SB0149 - 20 - LRB104 07858 RLC 17904 b
751	751
752	752
753	753	SB0149- 21 -LRB104 07858 RLC 17904 b SB0149 - 21 - LRB104 07858 RLC 17904 b
754	754	SB0149 - 21 - LRB104 07858 RLC 17904 b
755	755	1 content of the anticipated testimony of the support
756	756	2 person; and (ii) the relevance, admissibility, and
757	757	3 materiality of the anticipated testimony.
758	758	4 If the prosecuting attorney intends to call the
759	759	5 support person as a witness during the State's
760	760	6 case-in-chief, the prosecuting attorney shall inform
761	761	7 the court of this intent in the response to the
762	762	8 defendant's written motion. The victim may choose a
763	763	9 different person to be the victim's support person.
764	764	10 The court may allow the defendant to inquire about
765	765	11 matters outside the scope of the direct examination
766	766	12 during cross-examination. If the court allows the
767	767	13 defendant to do so, the support person shall be
768	768	14 allowed to remain in the courtroom after the support
769	769	15 person has testified. A defendant who fails to
770	770	16 question the support person about matters outside the
771	771	17 scope of direct examination during the State's
772	772	18 case-in-chief waives the right to challenge the
773	773	19 presence of the support person on appeal. The court
774	774	20 shall allow the support person to testify if called as
775	775	21 a witness in the defendant's case-in-chief or the
776	776	22 State's rebuttal.
777	777	23 If the court does not allow the defendant to
778	778	24 inquire about matters outside the scope of the direct
779	779	25 examination, the support person shall be allowed to
780	780	26 remain in the courtroom after the support person has
781	781
782	782
783	783
784	784
785	785
786	786	SB0149 - 21 - LRB104 07858 RLC 17904 b
787	787
788	788
789	789	SB0149- 22 -LRB104 07858 RLC 17904 b SB0149 - 22 - LRB104 07858 RLC 17904 b
790	790	SB0149 - 22 - LRB104 07858 RLC 17904 b
791	791	1 been called by the defendant or the defendant has
792	792	2 rested. The court shall allow the support person to
793	793	3 testify in the State's rebuttal.
794	794	4 If the prosecuting attorney does not intend to
795	795	5 call the support person in the State's case-in-chief,
796	796	6 the court shall verify with the support person whether
797	797	7 the support person, if called as a witness, would
798	798	8 testify as set forth in the offer of proof. If the
799	799	9 court finds that the support person would testify as
800	800	10 set forth in the offer of proof, the court shall rule
801	801	11 on the relevance, materiality, and admissibility of
802	802	12 the anticipated testimony. If the court rules the
803	803	13 anticipated testimony is admissible, the court shall
804	804	14 issue the subpoena. The support person may remain in
805	805	15 the courtroom after the support person testifies and
806	806	16 shall be allowed to testify in rebuttal.
807	807	17 If the court excludes the victim's support person
808	808	18 during the State's case-in-chief, the victim shall be
809	809	19 allowed to choose another support person to be present
810	810	20 in court.
811	811	21 If the victim fails to designate a support person
812	812	22 within 60 days of trial and the defendant has
813	813	23 subpoenaed the support person to testify at trial, the
814	814	24 court may exclude the support person from the trial
815	815	25 until the support person testifies. If the court
816	816	26 excludes the support person the victim may choose
817	817
818	818
819	819
820	820
821	821
822	822	SB0149 - 22 - LRB104 07858 RLC 17904 b
823	823
824	824
825	825	SB0149- 23 -LRB104 07858 RLC 17904 b SB0149 - 23 - LRB104 07858 RLC 17904 b
826	826	SB0149 - 23 - LRB104 07858 RLC 17904 b
827	827	1 another person as a support person.
828	828	2 (9) Right to notice and hearing before disclosure of
829	829	3 confidential or privileged information or records.
830	830	4 (A) A defendant who seeks to subpoena testimony or
831	831	5 records of or concerning the victim that are
832	832	6 confidential or privileged by law must seek permission
833	833	7 of the court before the subpoena is issued. The
834	834	8 defendant must file a written motion and an offer of
835	835	9 proof regarding the relevance, admissibility and
836	836	10 materiality of the testimony or records. If the court
837	837	11 finds by a preponderance of the evidence that:
838	838	12 (i) the testimony or records are not protected
839	839	13 by an absolute privilege and
840	840	14 (ii) the testimony or records contain
841	841	15 relevant, admissible, and material evidence that
842	842	16 is not available through other witnesses or
843	843	17 evidence, the court shall issue a subpoena
844	844	18 requiring the witness to appear in camera or a
845	845	19 sealed copy of the records be delivered to the
846	846	20 court to be reviewed in camera. If, after
847	847	21 conducting an in camera review of the witness
848	848	22 statement or records, the court determines that
849	849	23 due process requires disclosure of any potential
850	850	24 testimony or any portion of the records, the court
851	851	25 shall provide copies of the records that it
852	852	26 intends to disclose to the prosecuting attorney
853	853
854	854
855	855
856	856
857	857
858	858	SB0149 - 23 - LRB104 07858 RLC 17904 b
859	859
860	860
861	861	SB0149- 24 -LRB104 07858 RLC 17904 b SB0149 - 24 - LRB104 07858 RLC 17904 b
862	862	SB0149 - 24 - LRB104 07858 RLC 17904 b
863	863	1 and the victim. The prosecuting attorney and the
864	864	2 victim shall have 30 days to seek appellate review
865	865	3 before the records are disclosed to the defendant,
866	866	4 used in any court proceeding, or disclosed to
867	867	5 anyone or in any way that would subject the
868	868	6 testimony or records to public review. The
869	869	7 disclosure of copies of any portion of the
870	870	8 testimony or records to the prosecuting attorney
871	871	9 under this Section does not make the records
872	872	10 subject to discovery or required to be provided to
873	873	11 the defendant.
874	874	12 (B) A prosecuting attorney who seeks to subpoena
875	875	13 information or records concerning the victim that are
876	876	14 confidential or privileged by law must first request
877	877	15 the written consent of the crime victim. If the victim
878	878	16 does not provide such written consent, including where
879	879	17 necessary the appropriate signed document required for
880	880	18 waiving privilege, the prosecuting attorney must serve
881	881	19 the subpoena at least 21 days prior to the date a
882	882	20 response or appearance is required to allow the
883	883	21 subject of the subpoena time to file a motion to quash
884	884	22 or request a hearing. The prosecuting attorney must
885	885	23 also send a written notice to the victim at least 21
886	886	24 days prior to the response date to allow the victim to
887	887	25 file a motion or request a hearing. The notice to the
888	888	26 victim shall inform the victim (i) that a subpoena has
889	889
890	890
891	891
892	892
893	893
894	894	SB0149 - 24 - LRB104 07858 RLC 17904 b
895	895
896	896
897	897	SB0149- 25 -LRB104 07858 RLC 17904 b SB0149 - 25 - LRB104 07858 RLC 17904 b
898	898	SB0149 - 25 - LRB104 07858 RLC 17904 b
899	899	1 been issued for confidential information or records
900	900	2 concerning the victim, (ii) that the victim has the
901	901	3 right to request a hearing prior to the response date
902	902	4 of the subpoena, and (iii) how to request the hearing.
903	903	5 The notice to the victim shall also include a copy of
904	904	6 the subpoena. If requested, a hearing regarding the
905	905	7 subpoena shall occur before information or records are
906	906	8 provided to the prosecuting attorney.
907	907	9 (10) Right to notice of court proceedings. If the
908	908	10 victim is not present at a court proceeding in which a
909	909	11 right of the victim is at issue, the court shall ask the
910	910	12 prosecuting attorney whether the victim was notified of
911	911	13 the time, place, and purpose of the court proceeding and
912	912	14 that the victim had a right to be heard at the court
913	913	15 proceeding. If the court determines that timely notice was
914	914	16 not given or that the victim was not adequately informed
915	915	17 of the nature of the court proceeding, the court shall not
916	916	18 rule on any substantive issues, accept a plea, or impose a
917	917	19 sentence and shall continue the hearing for the time
918	918	20 necessary to notify the victim of the time, place and
919	919	21 nature of the court proceeding. The time between court
920	920	22 proceedings shall not be attributable to the State under
921	921	23 Section 103-5 of the Code of Criminal Procedure of 1963.
922	922	24 (11) Right to timely disposition of the case. A victim
923	923	25 has the right to timely disposition of the case so as to
924	924	26 minimize the stress, cost, and inconvenience resulting
925	925
926	926
927	927
928	928
929	929
930	930	SB0149 - 25 - LRB104 07858 RLC 17904 b
931	931
932	932
933	933	SB0149- 26 -LRB104 07858 RLC 17904 b SB0149 - 26 - LRB104 07858 RLC 17904 b
934	934	SB0149 - 26 - LRB104 07858 RLC 17904 b
935	935	1 from the victim's involvement in the case. Before ruling
936	936	2 on a motion to continue trial or other court proceeding,
937	937	3 the court shall inquire into the circumstances for the
938	938	4 request for the delay and, if the victim has provided
939	939	5 written notice of the assertion of the right to a timely
940	940	6 disposition, and whether the victim objects to the delay.
941	941	7 If the victim objects, the prosecutor shall inform the
942	942	8 court of the victim's objections. If the prosecutor has
943	943	9 not conferred with the victim about the continuance, the
944	944	10 prosecutor shall inform the court of the attempts to
945	945	11 confer. If the court finds the attempts of the prosecutor
946	946	12 to confer with the victim were inadequate to protect the
947	947	13 victim's right to be heard, the court shall give the
948	948	14 prosecutor at least 3 but not more than 5 business days to
949	949	15 confer with the victim. In ruling on a motion to continue,
950	950	16 the court shall consider the reasons for the requested
951	951	17 continuance, the number and length of continuances that
952	952	18 have been granted, the victim's objections and procedures
953	953	19 to avoid further delays. If a continuance is granted over
954	954	20 the victim's objection, the court shall specify on the
955	955	21 record the reasons for the continuance and the procedures
956	956	22 that have been or will be taken to avoid further delays.
957	957	23 (12) Right to Restitution.
958	958	24 (A) If the victim has asserted the right to
959	959	25 restitution and the amount of restitution is known at
960	960	26 the time of sentencing, the court shall enter the
961	961
962	962
963	963
964	964
965	965
966	966	SB0149 - 26 - LRB104 07858 RLC 17904 b
967	967
968	968
969	969	SB0149- 27 -LRB104 07858 RLC 17904 b SB0149 - 27 - LRB104 07858 RLC 17904 b
970	970	SB0149 - 27 - LRB104 07858 RLC 17904 b
971	971	1 judgment of restitution at the time of sentencing.
972	972	2 (B) If the victim has asserted the right to
973	973	3 restitution and the amount of restitution is not known
974	974	4 at the time of sentencing, the prosecutor shall,
975	975	5 within 5 days after sentencing, notify the victim what
976	976	6 information and documentation related to restitution
977	977	7 is needed and that the information and documentation
978	978	8 must be provided to the prosecutor within 45 days
979	979	9 after sentencing. Failure to timely provide
980	980	10 information and documentation related to restitution
981	981	11 shall be deemed a waiver of the right to restitution.
982	982	12 The prosecutor shall file and serve within 60 days
983	983	13 after sentencing a proposed judgment for restitution
984	984	14 and a notice that includes information concerning the
985	985	15 identity of any victims or other persons seeking
986	986	16 restitution, whether any victim or other person
987	987	17 expressly declines restitution, the nature and amount
988	988	18 of any damages together with any supporting
989	989	19 documentation, a restitution amount recommendation,
990	990	20 and the names of any co-defendants and their case
991	991	21 numbers. Within 30 days after receipt of the proposed
992	992	22 judgment for restitution, the defendant shall file any
993	993	23 objection to the proposed judgment, a statement of
994	994	24 grounds for the objection, and a financial statement.
995	995	25 If the defendant does not file an objection, the court
996	996	26 may enter the judgment for restitution without further
997	997
998	998
999	999
1000	1000
1001	1001
1002	1002	SB0149 - 27 - LRB104 07858 RLC 17904 b
1003	1003
1004	1004
1005	1005	SB0149- 28 -LRB104 07858 RLC 17904 b SB0149 - 28 - LRB104 07858 RLC 17904 b
1006	1006	SB0149 - 28 - LRB104 07858 RLC 17904 b
1007	1007	1 proceedings. If the defendant files an objection and
1008	1008	2 either party requests a hearing, the court shall
1009	1009	3 schedule a hearing.
1010	1010	4 (13) Access to presentence reports.
1011	1011	5 (A) The victim may request a copy of the
1012	1012	6 presentence report prepared under the Unified Code of
1013	1013	7 Corrections from the State's Attorney. The State's
1014	1014	8 Attorney shall redact the following information before
1015	1015	9 providing a copy of the report:
1016	1016	10 (i) the defendant's mental history and
1017	1017	11 condition;
1018	1018	12 (ii) any evaluation prepared under subsection
1019	1019	13 (b) or (b-5) of Section 5-3-2; and
1020	1020	14 (iii) the name, address, phone number, and
1021	1021	15 other personal information about any other victim.
1022	1022	16 (B) The State's Attorney or the defendant may
1023	1023	17 request the court redact other information in the
1024	1024	18 report that may endanger the safety of any person.
1025	1025	19 (C) The State's Attorney may orally disclose to
1026	1026	20 the victim any of the information that has been
1027	1027	21 redacted if there is a reasonable likelihood that the
1028	1028	22 information will be stated in court at the sentencing.
1029	1029	23 (D) The State's Attorney must advise the victim
1030	1030	24 that the victim must maintain the confidentiality of
1031	1031	25 the report and other information. Any dissemination of
1032	1032	26 the report or information that was not stated at a
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038	SB0149 - 28 - LRB104 07858 RLC 17904 b
1039	1039
1040	1040
1041	1041	SB0149- 29 -LRB104 07858 RLC 17904 b SB0149 - 29 - LRB104 07858 RLC 17904 b
1042	1042	SB0149 - 29 - LRB104 07858 RLC 17904 b
1043	1043	1 court proceeding constitutes indirect criminal
1044	1044	2 contempt of court.
1045	1045	3 (14) Appellate relief. If the trial court denies the
1046	1046	4 relief requested, the victim, the victim's attorney, or
1047	1047	5 the prosecuting attorney may file an appeal within 30 days
1048	1048	6 of the trial court's ruling. The trial or appellate court
1049	1049	7 may stay the court proceedings if the court finds that a
1050	1050	8 stay would not violate a constitutional right of the
1051	1051	9 defendant. If the appellate court denies the relief
1052	1052	10 sought, the reasons for the denial shall be clearly stated
1053	1053	11 in a written opinion. In any appeal in a criminal case, the
1054	1054	12 State may assert as error the court's denial of any crime
1055	1055	13 victim's right in the proceeding to which the appeal
1056	1056	14 relates.
1057	1057	15 (15) Limitation on appellate relief. In no case shall
1058	1058	16 an appellate court provide a new trial to remedy the
1059	1059	17 violation of a victim's right.
1060	1060	18 (16) The right to be reasonably protected from the
1061	1061	19 accused throughout the criminal justice process and the
1062	1062	20 right to have the safety of the victim and the victim's
1063	1063	21 family considered in determining whether to release the
1064	1064	22 defendant, and setting conditions of release after arrest
1065	1065	23 and conviction. A victim of domestic violence, a sexual
1066	1066	24 offense, or stalking may request the entry of a protective
1067	1067	25 order under Article 112A of the Code of Criminal Procedure
1068	1068	26 of 1963.
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074	SB0149 - 29 - LRB104 07858 RLC 17904 b
1075	1075
1076	1076
1077	1077	SB0149- 30 -LRB104 07858 RLC 17904 b SB0149 - 30 - LRB104 07858 RLC 17904 b
1078	1078	SB0149 - 30 - LRB104 07858 RLC 17904 b
1079	1079	1 (17) Right to discovery information upon request for
1080	1080	2 protection and civil litigation preparation.
1081	1081	3 (A) In addition to the rights afforded to victims
1082	1082	4 under Section 8.1 of Article I of the Illinois
1083	1083	5 Constitution, victims of crimes shall have the right
1084	1084	6 to request and receive, upon request, discovery
1085	1085	7 information that is directly relevant to the criminal
1086	1086	8 case and pertinent to the victim's involvement in the
1087	1087	9 case. This access is provided to aid victims in
1088	1088	10 protecting themselves from future harm and to assist
1089	1089	11 in their preparation for potential civil litigation.
1090	1090	12 (B) Discovery information includes, but Is not
1091	1091	13 limited to:
1092	1092	14 (i) all reports generated by law enforcement
1093	1093	15 agencies related to the investigation of the
1094	1094	16 crime;
1095	1095	17 (ii) cellular data, including, but not limited
1096	1096	18 to, text messages, phone call records, and other
1097	1097	19 communications that are directly relevant to the
1098	1098	20 crime and victim; and
1099	1099	21 (iii) all communications, including emails,
1100	1100	22 text messages, social media exchanges, and other
1101	1101	23 forms of communication that involve the victim and
1102	1102	24 any parties related to the case, including
1103	1103	25 defendants, co-defendants, witnesses, law
1104	1104	26 enforcement, or attorneys.
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110	SB0149 - 30 - LRB104 07858 RLC 17904 b
1111	1111
1112	1112
1113	1113	SB0149- 31 -LRB104 07858 RLC 17904 b SB0149 - 31 - LRB104 07858 RLC 17904 b
1114	1114	SB0149 - 31 - LRB104 07858 RLC 17904 b
1115	1115	1 (C) Certain sensitive materials, such as
1116	1116	2 confidential law enforcement methods, protected
1117	1117	3 witness statements, and materials related to minors
1118	1118	4 may be withheld if disclosure would jeopardize the
1119	1119	5 investigation or the safety of others.
1120	1120	6 (D) Victims shall be provided with the requested
1121	1121	7 discovery information within a reasonable period, but
1122	1122	8 no later than 30 days following the submission of the
1123	1123	9 request, unless a court orders a delay or exemption
1124	1124	10 for just cause.
1125	1125	11 (E) Law enforcement and the office of the
1126	1126	12 prosecuting attorney must provide written notice to
1127	1127	13 victims informing them of their rights to access
1128	1128	14 relevant discovery materials within 10 days of the
1129	1129	15 filing of charges.
1130	1130	16 (F) Victims who request discovery materials shall
1131	1131	17 be offered assistance from victim advocates or legal
1132	1132	18 aid services to help them understand and interpret the
1133	1133	19 materials provided.
1134	1134	20 (G) The disclosure of discovery materials must be
1135	1135	21 done in a manner that safeguards the victim's personal
1136	1136	22 safety and privacy, especially in cases in which there
1137	1137	23 is a known risk of further harm or retaliation by the
1138	1138	24 defendant or others involved in the case.
1139	1139	25 (H) Discovery materials disclosed under this
1140	1140	26 paragraph (17) may only be used for the purpose of
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146	SB0149 - 31 - LRB104 07858 RLC 17904 b
1147	1147
1148	1148
1149	1149	SB0149- 32 -LRB104 07858 RLC 17904 b SB0149 - 32 - LRB104 07858 RLC 17904 b
1150	1150	SB0149 - 32 - LRB104 07858 RLC 17904 b
1151	1151	1 understanding the criminal case and preparing for
1152	1152	2 potential civil litigation. The information may not be
1153	1153	3 disclosed to third parties or used for any purpose
1154	1154	4 unrelated to the criminal proceedings or related civil
1155	1155	5 litigation.
1156	1156	6 (I) Failure of law enforcement or the office of
1157	1157	7 the prosecuting attorney to comply with the disclosure
1158	1158	8 of discovery materials within the required time frame
1159	1159	9 may result in a civil penalty of up to $50,000, or
1160	1160	10 disciplinary action, or both, as determined by the
1161	1161	11 appropriate oversight body.
1162	1162	12 (d) Procedures after the imposition of sentence.
1163	1163	13 (1) The Prisoner Review Board shall inform a victim or
1164	1164	14 any other concerned citizen, upon written request, of the
1165	1165	15 prisoner's release on parole, mandatory supervised
1166	1166	16 release, electronic detention, work release, international
1167	1167	17 transfer or exchange, or by the custodian, other than the
1168	1168	18 Department of Juvenile Justice, of the discharge of any
1169	1169	19 individual who was adjudicated a delinquent for a crime
1170	1170	20 from State custody and by the sheriff of the appropriate
1171	1171	21 county of any such person's final discharge from county
1172	1172	22 custody. The Prisoner Review Board, upon written request,
1173	1173	23 shall provide to a victim or any other concerned citizen a
1174	1174	24 recent photograph of any person convicted of a felony,
1175	1175	25 upon his or her release from custody. The Prisoner Review
1176	1176	26 Board, upon written request, shall inform a victim or any
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182	SB0149 - 32 - LRB104 07858 RLC 17904 b
1183	1183
1184	1184
1185	1185	SB0149- 33 -LRB104 07858 RLC 17904 b SB0149 - 33 - LRB104 07858 RLC 17904 b
1186	1186	SB0149 - 33 - LRB104 07858 RLC 17904 b
1187	1187	1 other concerned citizen when feasible at least 7 days
1188	1188	2 prior to the prisoner's release on furlough of the times
1189	1189	3 and dates of such furlough. Upon written request by the
1190	1190	4 victim or any other concerned citizen, the State's
1191	1191	5 Attorney shall notify the person once of the times and
1192	1192	6 dates of release of a prisoner sentenced to periodic
1193	1193	7 imprisonment. Notification shall be based on the most
1194	1194	8 recent information as to the victim's or other concerned
1195	1195	9 citizen's residence or other location available to the
1196	1196	10 notifying authority.
1197	1197	11 (2) When the defendant has been committed to the
1198	1198	12 Department of Human Services pursuant to Section 5-2-4 or
1199	1199	13 any other provision of the Unified Code of Corrections,
1200	1200	14 the victim may request to be notified by the releasing
1201	1201	15 authority of the approval by the court of an on-grounds
1202	1202	16 pass, a supervised off-grounds pass, an unsupervised
1203	1203	17 off-grounds pass, or conditional release; the release on
1204	1204	18 an off-grounds pass; the return from an off-grounds pass;
1205	1205	19 transfer to another facility; conditional release; escape;
1206	1206	20 death; or final discharge from State custody. The
1207	1207	21 Department of Human Services shall establish and maintain
1208	1208	22 a statewide telephone number to be used by victims to make
1209	1209	23 notification requests under these provisions and shall
1210	1210	24 publicize this telephone number on its website and to the
1211	1211	25 State's Attorney of each county.
1212	1212	26 (3) In the event of an escape from State custody, the
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218	SB0149 - 33 - LRB104 07858 RLC 17904 b
1219	1219
1220	1220
1221	1221	SB0149- 34 -LRB104 07858 RLC 17904 b SB0149 - 34 - LRB104 07858 RLC 17904 b
1222	1222	SB0149 - 34 - LRB104 07858 RLC 17904 b
1223	1223	1 Department of Corrections or the Department of Juvenile
1224	1224	2 Justice immediately shall notify the Prisoner Review Board
1225	1225	3 of the escape and the Prisoner Review Board shall notify
1226	1226	4 the victim. The notification shall be based upon the most
1227	1227	5 recent information as to the victim's residence or other
1228	1228	6 location available to the Board. When no such information
1229	1229	7 is available, the Board shall make all reasonable efforts
1230	1230	8 to obtain the information and make the notification. When
1231	1231	9 the escapee is apprehended, the Department of Corrections
1232	1232	10 or the Department of Juvenile Justice immediately shall
1233	1233	11 notify the Prisoner Review Board and the Board shall
1234	1234	12 notify the victim.
1235	1235	13 (4) The victim of the crime for which the prisoner has
1236	1236	14 been sentenced has the right to register with the Prisoner
1237	1237	15 Review Board's victim registry. Victims registered with
1238	1238	16 the Board shall receive reasonable written notice not less
1239	1239	17 than 30 days prior to the parole hearing or target
1240	1240	18 aftercare release date. The victim has the right to submit
1241	1241	19 a victim statement for consideration by the Prisoner
1242	1242	20 Review Board or the Department of Juvenile Justice in
1243	1243	21 writing, on film, videotape, or other electronic means, or
1244	1244	22 in the form of a recording prior to the parole hearing or
1245	1245	23 target aftercare release date, or in person at the parole
1246	1246	24 hearing or aftercare release protest hearing, or by
1247	1247	25 calling the toll-free number established in subsection (f)
1248	1248	26 of this Section. The victim shall be notified within 7
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253
1254	1254	SB0149 - 34 - LRB104 07858 RLC 17904 b
1255	1255
1256	1256
1257	1257	SB0149- 35 -LRB104 07858 RLC 17904 b SB0149 - 35 - LRB104 07858 RLC 17904 b
1258	1258	SB0149 - 35 - LRB104 07858 RLC 17904 b
1259	1259	1 days after the prisoner has been granted parole or
1260	1260	2 aftercare release and shall be informed of the right to
1261	1261	3 inspect the registry of parole decisions, established
1262	1262	4 under subsection (g) of Section 3-3-5 of the Unified Code
1263	1263	5 of Corrections. The provisions of this paragraph (4) are
1264	1264	6 subject to the Open Parole Hearings Act. Victim statements
1265	1265	7 provided to the Board shall be confidential and
1266	1266	8 privileged, including any statements received prior to
1267	1267	9 January 1, 2020 (the effective date of Public Act
1268	1268	10 101-288), except if the statement was an oral statement
1269	1269	11 made by the victim at a hearing open to the public.
1270	1270	12 (4-1) The crime victim has the right to submit a
1271	1271	13 victim statement for consideration by the Prisoner Review
1272	1272	14 Board or the Department of Juvenile Justice prior to or at
1273	1273	15 a hearing to determine the conditions of mandatory
1274	1274	16 supervised release of a person sentenced to a determinate
1275	1275	17 sentence or at a hearing on revocation of mandatory
1276	1276	18 supervised release of a person sentenced to a determinate
1277	1277	19 sentence. A victim statement may be submitted in writing,
1278	1278	20 on film, videotape, or other electronic means, or in the
1279	1279	21 form of a recording, or orally at a hearing, or by calling
1280	1280	22 the toll-free number established in subsection (f) of this
1281	1281	23 Section. Victim statements provided to the Board shall be
1282	1282	24 confidential and privileged, including any statements
1283	1283	25 received prior to January 1, 2020 (the effective date of
1284	1284	26 Public Act 101-288), except if the statement was an oral
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290	SB0149 - 35 - LRB104 07858 RLC 17904 b
1291	1291
1292	1292
1293	1293	SB0149- 36 -LRB104 07858 RLC 17904 b SB0149 - 36 - LRB104 07858 RLC 17904 b
1294	1294	SB0149 - 36 - LRB104 07858 RLC 17904 b
1295	1295	1 statement made by the victim at a hearing open to the
1296	1296	2 public.
1297	1297	3 (4-2) The crime victim has the right to submit a
1298	1298	4 victim statement to the Prisoner Review Board for
1299	1299	5 consideration at an executive clemency hearing as provided
1300	1300	6 in Section 3-3-13 of the Unified Code of Corrections. A
1301	1301	7 victim statement may be submitted in writing, on film,
1302	1302	8 videotape, or other electronic means, or in the form of a
1303	1303	9 recording prior to a hearing, or orally at a hearing, or by
1304	1304	10 calling the toll-free number established in subsection (f)
1305	1305	11 of this Section. Victim statements provided to the Board
1306	1306	12 shall be confidential and privileged, including any
1307	1307	13 statements received prior to January 1, 2020 (the
1308	1308	14 effective date of Public Act 101-288), except if the
1309	1309	15 statement was an oral statement made by the victim at a
1310	1310	16 hearing open to the public.
1311	1311	17 (5) If a statement is presented under Section 6, the
1312	1312	18 Prisoner Review Board or Department of Juvenile Justice
1313	1313	19 shall inform the victim of any order of discharge pursuant
1314	1314	20 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
1315	1315	21 Corrections.
1316	1316	22 (6) At the written or oral request of the victim of the
1317	1317	23 crime for which the prisoner was sentenced or the State's
1318	1318	24 Attorney of the county where the person seeking parole or
1319	1319	25 aftercare release was prosecuted, the Prisoner Review
1320	1320	26 Board or Department of Juvenile Justice shall notify the
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326	SB0149 - 36 - LRB104 07858 RLC 17904 b
1327	1327
1328	1328
1329	1329	SB0149- 37 -LRB104 07858 RLC 17904 b SB0149 - 37 - LRB104 07858 RLC 17904 b
1330	1330	SB0149 - 37 - LRB104 07858 RLC 17904 b
1331	1331	1 victim and the State's Attorney of the county where the
1332	1332	2 person seeking parole or aftercare release was prosecuted
1333	1333	3 of the death of the prisoner if the prisoner died while on
1334	1334	4 parole or aftercare release or mandatory supervised
1335	1335	5 release.
1336	1336	6 (7) When a defendant who has been committed to the
1337	1337	7 Department of Corrections, the Department of Juvenile
1338	1338	8 Justice, or the Department of Human Services is released
1339	1339	9 or discharged and subsequently committed to the Department
1340	1340	10 of Human Services as a sexually violent person and the
1341	1341	11 victim had requested to be notified by the releasing
1342	1342	12 authority of the defendant's discharge, conditional
1343	1343	13 release, death, or escape from State custody, the
1344	1344	14 releasing authority shall provide to the Department of
1345	1345	15 Human Services such information that would allow the
1346	1346	16 Department of Human Services to contact the victim.
1347	1347	17 (8) When a defendant has been convicted of a sex
1348	1348	18 offense as defined in Section 2 of the Sex Offender
1349	1349	19 Registration Act and has been sentenced to the Department
1350	1350	20 of Corrections or the Department of Juvenile Justice, the
1351	1351	21 Prisoner Review Board or the Department of Juvenile
1352	1352	22 Justice shall notify the victim of the sex offense of the
1353	1353	23 prisoner's eligibility for release on parole, aftercare
1354	1354	24 release, mandatory supervised release, electronic
1355	1355	25 detention, work release, international transfer or
1356	1356	26 exchange, or by the custodian of the discharge of any
1357	1357
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362	SB0149 - 37 - LRB104 07858 RLC 17904 b
1363	1363
1364	1364
1365	1365	SB0149- 38 -LRB104 07858 RLC 17904 b SB0149 - 38 - LRB104 07858 RLC 17904 b
1366	1366	SB0149 - 38 - LRB104 07858 RLC 17904 b
1367	1367	1 individual who was adjudicated a delinquent for a sex
1368	1368	2 offense from State custody and by the sheriff of the
1369	1369	3 appropriate county of any such person's final discharge
1370	1370	4 from county custody. The notification shall be made to the
1371	1371	5 victim at least 30 days, whenever possible, before release
1372	1372	6 of the sex offender.
1373	1373	7 (e) The officials named in this Section may satisfy some
1374	1374	8 or all of their obligations to provide notices and other
1375	1375	9 information through participation in a statewide victim and
1376	1376	10 witness notification system established by the Attorney
1377	1377	11 General under Section 8.5 of this Act.
1378	1378	12 (f) The Prisoner Review Board shall establish a toll-free
1379	1379	13 number that may be accessed by the crime victim to present a
1380	1380	14 victim statement to the Board in accordance with paragraphs
1381	1381	15 (4), (4-1), and (4-2) of subsection (d).
1382	1382	16 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
1383	1383	17 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
1384	1384	18 8-20-21; 102-813, eff. 5-13-22.)
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390	SB0149 - 38 - LRB104 07858 RLC 17904 b