Bill Text: IL HB4788 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall: (1) consult with the crime victim regarding the State's Attorney's decision to charge or not charge an offense, and the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them; and (2) give the crime victim timely notice of any decision not to pursue charges and provide the notice in a way that does not put the victim's safety at risk. Crime victims' rights shall be asserted in the court in which a defendant is being prosecuted for the crime. Provides that if no prosecution has been commenced, a complaint for mandamus, injunctive, or declaratory relief may be filed in the circuit court in the jurisdiction in which the crime occurred. Provides that filing fees that would otherwise be owed by the victim shall be waived for any court filing with the main purpose of enforcing crime victims' rights. Provides that the Act grants a victim a private civil cause of action for injunctive relief and compensatory damages for lost wages, attorney's fees, and costs directly related to enforcing a crime victim's rights when officials willfully or wantonly violate a victim's right or rights and the officials do not correct their actions and afford the right or rights to the victim when given written notice and reasonable time to comply.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4788 Detail]

Download: Illinois-2019-HB4788-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4788 Introduced ___________, by SYNOPSIS AS INTRODUCED:
725 ILCS 120/4.5
725 ILCS 120/7 from Ch. 38, par. 1407
725 ILCS 120/9 from Ch. 38, par. 1408
Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall: (1) consult with the crime victim regarding the State's Attorney's decision to charge or not charge an offense, and the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them; and (2) give the crime victim timely notice of any decision not to pursue charges and provide the notice in a way that does not put the victim's safety at risk. Crime victims' rights shall be asserted in the court in which a defendant is being prosecuted for the crime. Provides that if no prosecution has been commenced, a complaint for mandamus, injunctive, or declaratory relief may be filed in the circuit court in the jurisdiction in which the crime occurred. Provides that filing fees that would otherwise be owed by the victim shall be waived for any court filing with the main purpose of enforcing crime victims' rights. Provides that the Act grants a victim a private civil cause of action for injunctive relief and compensatory damages for lost wages, attorney's fees, and costs directly related to enforcing a crime victim's rights when officials willfully or wantonly violate a victim's right or rights and the officials do not correct their actions and afford the right or rights to the victim when given written notice and reasonable time to comply.
LRB101 17979 RLC 67417 b
A BILL FOR
HB4788 LRB101 17979 RLC 67417 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Sections 4.5, 7, and 9 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges, and corrections will provide information,
as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities reopen a closed case
to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:

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(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that

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employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require victims
to be in close proximity to defendants or juveniles accused
of a violent crime, and their families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain an
attorney, at the victim's own expense, who, upon written
notice filed with the clerk of the court and State's

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Attorney, is to receive copies of all notices, motions, and
court orders filed thereafter in the case, in the same
manner as if the victim were a named party in the case;
(9.5) shall inform the victim of (A) the victim's right
under Section 6 of this Act to make a statement at the
sentencing hearing; (B) the right of the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members under Section 6 of this Act to
present a statement at sentencing; and (C) if a presentence
report is to be prepared, the right of the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members to submit information to the preparer
of the presentence report about the effect the offense has
had on the victim and the person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the

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notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on bail or personal recognizance or the
release from detention of a minor who has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,

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or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the appropriate
agency handling the appeal, and how to request notice of
any hearing, oral argument, or decision of an appellate
court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall be
given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections; .
(20) shall consult with the crime victim regarding the
State's Attorney's decision to charge or not charge an
offense. The victim has the right to have an attorney,
advocate, and other support person of the victim's choice
attend this consultation with them; and
(21) shall give the crime victim timely notice of any
decision not to pursue charges and provide the notice in a

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way that does not put the victim's safety at risk.
(c) The court shall ensure that the rights of the victim
are afforded. Crime victims' rights shall be asserted in the
court in which the defendant is being prosecuted for the crime.
If no prosecution has been commenced, a complaint for mandamus,
injunctive, or declaratory relief may be filed in the circuit
court in the jurisdiction in which the crime occurred. Filing
fees that would otherwise be owed by the victim shall be waived
for any court filing with the main purpose of enforcing crime
victims' rights. If the court denies the relief sought by the
victim, the reasons for the denial shall be clearly stated on
the record in a written opinion, and the victim may appeal the
circuit court's decision to the Appellate Court. The court
shall issue prompt rulings. Proceedings seeking to enforce
victims' rights shall not be stayed or subject to a continuance
of more than 10 days. If the Appellate Court denies the relief
sought, the reasons for the denial shall be clearly stated on
the record in a written opinion.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time provide
a revised written notice to the State's Attorney. The

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State's Attorney shall file the written notice with the
court. At the beginning of any court proceeding in which
the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or

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requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the victim's
attorney regarding the assertion or enforcement of a
right. If the prosecuting attorney decides not to
assert or enforce a victim's right, the prosecuting
attorney shall notify the victim or the victim's
attorney in sufficient time to allow the victim or the
victim's attorney to assert the right or to seek
enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, the victim or
the victim's attorney may request to be heard regarding
the prosecuting attorney's motion or may file a
simultaneous motion to assert or request enforcement
of the victim's right. If the victim or the victim's
attorney were not allowed to be heard regarding the
prosecuting attorney's motion, and did not file a
simultaneous motion, and the court denies the

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prosecuting attorney's assertion of the right or
denies the request for enforcement of a right, the
victim or victim's attorney may file a motion to assert
the victim's right or to request enforcement of the
right within 10 days of the court's ruling. The motion
need not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall be
clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and then
awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.

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(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and return the victim to
the same position that the victim would have occupied
had the right not been violated. Subject to the
limitations in Section 9, remedies may include, but are
not limited to: awarding lost wages, attorney's fees,
and other costs incurred by the victim to enforce the
right; injunctive relief requiring the victim's right
to be afforded; and reopening previously held
proceedings; however, in no event shall the court
vacate a conviction. Any remedy shall be tailored to
provide the victim an appropriate remedy without
violating any constitutional right of the defendant.
In no event shall the appropriate remedy be a new
trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set

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forth on the record the facts that support its finding that
the victim's testimony will be materially affected if the
victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding (i)
the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera

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proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after conducting
the ex parte in camera hearing, the court determines
that due process requires any testimony regarding
confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte in
camera proceeding does not make the substance of the
advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the support
person as a witness at trial, the defendant must seek

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permission of the court before a subpoena is issued.
The defendant must file a written motion at least 45
days prior to trial that sets forth specifically the
issues on which the support person will testify and an
offer of proof regarding: (i) the content of the
anticipated testimony of the support person; and (ii)
the relevance, admissibility, and materiality of the
anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person. The
court may allow the defendant to inquire about matters
outside the scope of the direct examination during
cross-examination. If the court allows the defendant
to do so, the support person shall be allowed to remain
in the courtroom after the support person has
testified. A defendant who fails to question the
support person about matters outside the scope of
direct examination during the State's case-in-chief
waives the right to challenge the presence of the
support person on appeal. The court shall allow the
support person to testify if called as a witness in the
defendant's case-in-chief or the State's rebuttal.

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If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to call
the support person in the State's case-in-chief, the
court shall verify with the support person whether the
support person, if called as a witness, would testify
as set forth in the offer of proof. If the court finds
that the support person would testify as set forth in
the offer of proof, the court shall rule on the
relevance, materiality, and admissibility of the
anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has

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subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant, or prosecuting attorney acting without consent
of the crime victim, who seeks to subpoena records of or
concerning the victim that are confidential or privileged
by law must seek permission of the court before the
subpoena is issued.
(A) Prior to a prosecution being commenced, if the
victim has not consented to the disclosure of victim's
confidential or privileged information, and the
prosecuting attorney seeks permission of the court to
issue a subpoena for the victim's confidential or
privileged information, the prosecuting attorney must
request permission from the Court to issue the subpoena
and give the victim notice and the option of a hearing.
(B) After a prosecution has commenced, the The
defendant, or prosecuting attorney acting without
consent of the victim, must file a written motion and
an offer of proof regarding the relevance,
admissibility and materiality of the records. If the
court finds by a preponderance of the evidence that:

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(A) the records are not protected by an absolute
privilege and (B) the records contain relevant,
admissible, and material evidence that is not
available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of
the records be delivered to the court to be reviewed in
camera. If, after conducting an in camera review of the
records, the court determines that due process
requires disclosure of any portion of the records, the
court shall provide copies of what it intends to
disclose to the prosecuting attorney and the victim.
The prosecuting attorney and the victim shall have 30
days to seek appellate review before the records are
disclosed to the defendant, used in any court
proceeding or disclosed to any one or in any way that
would subject them to public review. The disclosure of
copies of any portion of the records to the prosecuting
attorney does not make the records subject to
discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of the
time, place, and purpose of the court proceeding and that
the victim had a right to be heard at the court proceeding.
If the court determines that timely notice was not given or

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that the victim was not adequately informed of the nature
of the court proceeding, the court shall not rule on any
substantive issues, accept a plea, or impose a sentence and
shall continue the hearing for the time necessary to notify
the victim of the time, place and nature of the court
proceeding. The time between court proceedings shall not be
attributable to the State under Section 103-5 of the Code
of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling on
a motion to continue trial or other court proceeding, the
court shall inquire into the circumstances for the request
for the delay and, if the victim has provided written
notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has not
conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,

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the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall, within
5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days after
sentencing. Failure to timely provide information and
documentation related to restitution shall be deemed a
waiver of the right to restitution. The prosecutor
shall file and serve within 60 days after sentencing a
proposed judgment for restitution and a notice that
includes information concerning the identity of any
victims or other persons seeking restitution, whether

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any victim or other person expressly declines
restitution, the nature and amount of any damages
together with any supporting documentation, a
restitution amount recommendation, and the names of
any co-defendants and their case numbers. Within 30
days after receipt of the proposed judgment for
restitution, the defendant shall file any objection to
the proposed judgment, a statement of grounds for the
objection, and a financial statement. If the defendant
does not file an objection, the court may enter the
judgment for restitution without further proceedings.
If the defendant files an objection and either party
requests a hearing, the court shall schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may

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request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to the
victim any of the information that has been redacted if
there is a reasonable likelihood that the information
will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or the
prosecuting attorney may file an appeal within 30 days of
the trial court's ruling. The trial or appellate court may
stay the court proceedings if the court finds that a stay
would not violate a constitutional right of the defendant.
If the appellate court denies the relief sought, the
reasons for the denial shall be clearly stated in a written
opinion. In any appeal in a criminal case, the State may
assert as error the court's denial of any crime victim's
right in the proceeding to which the appeal relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.

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(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in denying or fixing the amount of bail,
determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A victim
of domestic violence, a sexual offense, or stalking may
request the entry of a protective order under Article 112A
of the Code of Criminal Procedure of 1963.
(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony, upon
his or her release from custody. The Prisoner Review Board,
upon written request, shall inform a victim or any other
concerned citizen when feasible at least 7 days prior to
the prisoner's release on furlough of the times and dates

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of such furlough. Upon written request by the victim or any
other concerned citizen, the State's Attorney shall notify
the person once of the times and dates of release of a
prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to
victim's or other concerned citizen's residence or other
location available to the notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections, the
victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on an
off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain a
statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify

HB4788 - 24 - LRB101 17979 RLC 67417 b
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall notify
the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice in writing, on
film, videotape, or other electronic means, or in the form
of a recording prior to the parole hearing or target
aftercare release date, or in person at the parole hearing
or aftercare release protest hearing, or by calling the
toll-free number established in subsection (f) of this
Section., The victim shall be notified within 7 days after
the prisoner has been granted parole or aftercare release
and shall be informed of the right to inspect the registry
of parole decisions, established under subsection (g) of

HB4788 - 25 - LRB101 17979 RLC 67417 b
Section 3-3-5 of the Unified Code of Corrections. The
provisions of this paragraph (4) are subject to the Open
Parole Hearings Act. Victim statements provided to the
Board shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the effective
date of Public Act 101-288) this amendatory Act of the
101st General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-1) The crime victim has the right to submit a victim
statement for consideration by the Prisoner Review Board or
the Department of Juvenile Justice prior to or at a hearing
to determine the conditions of mandatory supervised
release of a person sentenced to a determinate sentence or
at a hearing on revocation of mandatory supervised release
of a person sentenced to a determinate sentence. A victim
statement may be submitted in writing, on film, videotape,
or other electronic means, or in the form of a recording,
or orally at a hearing, or by calling the toll-free number
established in subsection (f) of this Section. Victim
statements provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act 101-288)
this amendatory Act of the 101st General Assembly, except
if the statement was an oral statement made by the victim
at a hearing open to the public.

HB4788 - 26 - LRB101 17979 RLC 67417 b
(4-2) The crime victim has the right to submit a victim
statement to the Prisoner Review Board for consideration at
an executive clemency hearing as provided in Section 3-3-13
of the Unified Code of Corrections. A victim statement may
be submitted in writing, on film, videotape, or other
electronic means, or in the form of a recording prior to a
hearing, or orally at a hearing, or by calling the
toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288) this amendatory Act of the 101st
General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the

HB4788 - 27 - LRB101 17979 RLC 67417 b
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released or
discharged and subsequently committed to the Department of
Human Services as a sexually violent person and the victim
had requested to be notified by the releasing authority of
the defendant's discharge, conditional release, death, or
escape from State custody, the releasing authority shall
provide to the Department of Human Services such
information that would allow the Department of Human
Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile Justice
shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex

HB4788 - 28 - LRB101 17979 RLC 67417 b
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
(725 ILCS 120/7) (from Ch. 38, par. 1407)
Sec. 7. Responsibilities of victims and witnesses. Victims
and witnesses shall have the following responsibilities to aid
in the prosecution of violent crime and to ensure that their
constitutional rights are enforced:
(a) To make a timely report of the crime;
(b) To cooperate with law enforcement authorities
throughout the investigation, prosecution, and trial;
(c) To testify at trial;

HB4788 - 29 - LRB101 17979 RLC 67417 b
(c-5) to timely provide information and documentation to
the prosecuting attorney that is related to the assertion of
their rights.
(d) To notify law enforcement authorities and the
prosecuting attorney of any change of contact information,
including but not limited to, changes of address and contact
information, including but not limited to changes of address,
telephone number, and email address. Law enforcement
authorities and the prosecuting attorney shall maintain the
confidentiality of this information. A court may find that the
failure to notify the prosecuting attorney of any change in
contact information constitutes waiver of a right.
(e) A victim who otherwise cooperates with law enforcement
authorities and the prosecuting attorney, but declines to
provide information and documentation to the prosecuting
attorney that is privileged or confidential under the law, or
chooses not to waive privilege, shall still be considered as
cooperating for the purposes of this Act and maintain the
status of victim and the rights afforded to victims under this
Act.
(Source: P.A. 99-413, eff. 8-20-15.)
(725 ILCS 120/9) (from Ch. 38, par. 1408)
Sec. 9. This Act does not limit any rights or
responsibilities otherwise enjoyed by or imposed upon victims
or witnesses of violent crime, nor does it grant any person a

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cause of action in equity or at law for compensation for
damages or attorneys fees. Any act of omission or commission by
any law enforcement officer, circuit court clerk, or State's
Attorney, by the Attorney General, Prisoner Review Board,
Department of Corrections, the Department of Juvenile Justice,
Department of Human Services, or other State agency, or private
entity under contract pursuant to Section 8, or by any employee
of any State agency or private entity under contract pursuant
to Section 8 acting in good faith in rendering crime victim's
assistance or otherwise enforcing this Act shall not impose
civil liability upon the individual or entity or his or her
supervisor or employer, except for willful or wanton misconduct
or gross negligence. This Act grants a victim a private civil
cause of action for injunctive relief and compensatory damages
for lost wages, attorney's fees, and costs directly related to
enforcing a crime victim's rights when officials willfully or
wantonly violate a victim's right or rights and the officials
do not correct their actions and afford the right or rights to
the victim when given written notice and reasonable time to
comply. Nothing in this Act shall create a basis for vacating a
conviction or a ground for relief requested by the defendant in
any criminal case.
(Source: P.A. 99-413, eff. 8-20-15.)