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HB1302 Enrolled LRB104 05519 RLC 15548 b
1 AN ACT concerning victim rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Section 16-25.2 as follows:
6 (720 ILCS 5/16-25.2)
7 Sec. 16-25.2. Retail loss prevention report and notice
8 requirements.
9 (a) A retail mercantile establishment that is a victim of
10 a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
11 have the right:
12 (1) to timely notification of all court proceedings as
13 defined under subsection (e) of Section 3 of the Rights of
14 Crime Victims and Witnesses Act. Timely notice shall
15 include 7 days' notice of any court proceedings. Timely
16 notice shall be sent to the location of the retail
17 mercantile establishment where the violation occurred and
18 to the point of contact as provided by the retail
19 mercantile establishment. The point of contact may be any
20 employee of the retail mercantile establishment or
21 representative as provided by the retail mercantile
22 establishment;
23 (2) to communicate with the prosecution;
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1 (3) to be reasonably heard at any post-arraignment
2 court proceeding in which a right of the victim is at issue
3 and any court proceeding involving a post-arraignment
4 release decision, plea, or sentencing;
5 (4) to be notified of the conviction, the sentence,
6 the imprisonment, and the release of the accused; and
7 (5) to have present at all court proceedings subject
8 to the rules of evidence an advocate of the retail
9 mercantile establishment's choice.
10 (b) Unless a retail mercantile establishment refuses to
11 file a report regarding the incident, the law enforcement
12 agency having jurisdiction shall file a report concerning the
13 incident with the State's Attorney. No law enforcement agent
14 shall discourage or attempt to discourage a retail mercantile
15 establishment from filing a police report concerning the
16 incident. Upon the request of the retail mercantile
17 establishment, the law enforcement agency having jurisdiction
18 shall provide a free copy of the police report concerning the
19 incident, as soon as practicable, but in no event later than 5
20 business days after the request. The Illinois Law Enforcement
21 Training Standards Board shall not consider any allegation of
22 a violation of this subsection that is contained in a
23 complaint made under Section 1-35 of the Police and Community
24 Relations Improvement Act.
25 (c) For purposes of this Section, "court proceeding" means
26 the preliminary hearing; any post-arraignment hearing the
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1 effect of which may be the release of the defendant from
2 custody or to alter the conditions of pretrial release; the
3 trial; the sentencing; any oral argument or hearing before an
4 Illinois appellate court; any hearing for conditional release;
5 any hearing related to a modification of sentence; any
6 probation revocation hearing; any aftercare release or parole
7 hearing; any post-conviction relief proceeding; and any habeas
8 corpus proceeding.
9 (Source: P.A. 102-757, eff. 5-13-22.)
10 Section 10. The Code of Criminal Procedure of 1963 is
11 amended by changing Section 112A-29 as follows:
12 (725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
13 Sec. 112A-29. Reports by law enforcement officers.
14 (a) Every law enforcement officer investigating an alleged
15 incident of abuse between family or household members shall
16 make a written police report of any bona fide allegation and
17 the disposition of such investigation. The police report shall
18 include the victim's statements as to the frequency and
19 severity of prior incidents of abuse by the same family or
20 household member and the number of prior calls for police
21 assistance to prevent such further abuse.
22 (b) Every police report completed pursuant to this Section
23 shall be recorded and compiled as a domestic crime within the
24 meaning of Section 5.1 of the Criminal Identification Act.
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1 (c) A law enforcement officer shall not discourage or
2 attempt to discourage a victim from filing a police report
3 concerning an incident of abuse.
4 (Source: P.A. 87-1186.)
5 Section 15. The Rights of Crime Victims and Witnesses Act
6 is amended by changing Sections 3, 4 and 4.5 as follows:
7 (725 ILCS 120/3) (from Ch. 38, par. 1403)
8 Sec. 3. The terms used in this Act shall have the following
9 meanings:
10 (a) "Crime victim" or "victim" means: (1) any natural
11 person determined by the prosecutor or the court to have
12 suffered direct physical or psychological harm as a result of
13 a violent crime perpetrated or attempted against that person
14 or direct physical or psychological harm as a result of (i) a
15 violation of Section 11-501 of the Illinois Vehicle Code or
16 similar provision of a local ordinance or (ii) a violation of
17 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
18 of 2012; (2) in the case of a crime victim who is under 18
19 years of age or an adult victim who is incompetent or
20 incapacitated, both parents, legal guardians, foster parents,
21 or a single adult representative; (3) in the case of an adult
22 deceased victim, 2 representatives who may be the spouse,
23 parent, child or sibling of the victim, or the representative
24 of the victim's estate; and (4) an immediate family member of a
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1 victim under clause (1) of this paragraph (a) chosen by the
2 victim. If the victim is 18 years of age or over, the victim
3 may choose any person to be the victim's representative. In no
4 event shall the defendant or any person who aided and abetted
5 in the commission of the crime be considered a victim, a crime
6 victim, or a representative of the victim.
7 A board, agency, or other governmental entity making
8 decisions regarding an offender's release, sentence reduction,
9 or clemency can determine additional persons are victims for
10 the purpose of its proceedings.
11 (a-3) "Advocate" means a person whose communications with
12 the victim are privileged under Section 8-802.1 or 8-802.2 of
13 the Code of Civil Procedure, or Section 227 of the Illinois
14 Domestic Violence Act of 1986.
15 (a-5) "Confer" means to consult together, share
16 information, compare opinions and carry on a discussion or
17 deliberation.
18 (a-6) "DNA database" means a collection of DNA profiles
19 from forensic casework or specimens from anonymous,
20 identified, and unidentified sources that is created to search
21 DNA records against each other to develop investigative leads
22 among forensic cases.
23 (a-7) "Sentence" includes, but is not limited to, the
24 imposition of sentence, a request for a reduction in sentence,
25 parole, mandatory supervised release, aftercare release, early
26 release, inpatient treatment, outpatient treatment,
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1 conditional release after a finding that the defendant is not
2 guilty by reason of insanity, clemency, or a proposal that
3 would reduce the defendant's sentence or result in the
4 defendant's release. "Early release" refers to a discretionary
5 release.
6 (a-9) "Sentencing" includes, but is not limited to, the
7 imposition of sentence and a request for a reduction in
8 sentence, parole, mandatory supervised release, aftercare
9 release, early release, consideration of inpatient treatment
10 or outpatient treatment, or conditional release after a
11 finding that the defendant is not guilty by reason of
12 insanity.
13 (a-10) "Status hearing" means a hearing designed to
14 provide information to the court, at which no motion of a
15 substantive nature and no constitutional or statutory right of
16 a crime victim is implicated or at issue.
17 (b) "Witness" means: any person who personally observed
18 the commission of a crime and who will testify on behalf of the
19 State of Illinois; or a person who will be called by the
20 prosecution to give testimony establishing a necessary nexus
21 between the offender and the violent crime.
22 (c) "Violent crime" means: (1) any felony in which force
23 or threat of force was used against the victim; (2) any offense
24 involving sexual exploitation, sexual conduct, or sexual
25 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
26 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
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1 Criminal Code of 2012; (4) domestic battery or stalking; (5)
2 violation of an order of protection, a civil no contact order,
3 or a stalking no contact order; (6) any misdemeanor which
4 results in death or great bodily harm to the victim; or (7) any
5 violation of Section 9-3 of the Criminal Code of 1961 or the
6 Criminal Code of 2012, or Section 11-501 of the Illinois
7 Vehicle Code, or a similar provision of a local ordinance, if
8 the violation resulted in personal injury or death. "Violent
9 crime" includes any action committed by a juvenile that would
10 be a violent crime if committed by an adult. For the purposes
11 of this paragraph, "personal injury" shall include any Type A
12 injury as indicated on the traffic crash report completed by a
13 law enforcement officer that requires immediate professional
14 attention in either a doctor's office or medical facility. A
15 type A injury shall include severely bleeding wounds,
16 distorted extremities, and injuries that require the injured
17 party to be carried from the scene.
18 (d) (Blank).
19 (e) "Court proceedings" includes, but is not limited to,
20 the preliminary hearing, any post-arraignment hearing the
21 effect of which may be the release of the defendant from
22 custody or to alter the conditions of pretrial release bond,
23 change of plea hearing, the trial, any pretrial or post-trial
24 hearing, sentencing, any oral argument or hearing before an
25 Illinois appellate court, any hearing under the Mental Health
26 and Developmental Disabilities Code or Section 5-2-4 of the
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1 Unified Code of Corrections after a finding that the defendant
2 is not guilty by reason of insanity, including a hearing for
3 conditional release, any hearing related to a modification of
4 sentence, probation revocation hearing, aftercare release or
5 parole hearings, post-conviction relief proceedings, habeas
6 corpus proceedings and clemency proceedings related to the
7 defendant's conviction or sentence. For purposes of the
8 victim's right to be present, "court proceedings" does not
9 include (1) grand jury proceedings, (2) status hearings, or
10 (3) the issuance of an order or decision of an Illinois court
11 that dismisses a charge, reverses a conviction, reduces a
12 sentence, or releases an offender under a court rule.
13 (f) "Concerned citizen" includes relatives of the victim,
14 friends of the victim, witnesses to the crime, or any other
15 person associated with the victim or prisoner.
16 (g) "Victim's attorney" means an attorney retained by the
17 victim for the purposes of asserting the victim's
18 constitutional and statutory rights. An attorney retained by
19 the victim means an attorney who is hired to represent the
20 victim at the victim's expense or an attorney who has agreed to
21 provide pro bono representation. Nothing in this statute
22 creates a right to counsel at public expense for a victim.
23 (h) "Support person" means a person chosen by a victim to
24 be present at court proceedings.
25 (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23;
26 103-792, eff. 1-1-25.)
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1 (725 ILCS 120/4) (from Ch. 38, par. 1404)
2 Sec. 4. Rights of crime victims.
3 (a) Crime victims shall have the following rights:
4 (1) The right to be treated with fairness and respect
5 for their dignity and privacy and to be free from
6 harassment, intimidation, and abuse throughout the
7 criminal justice process.
8 (1.5) The right to notice and to a hearing before a
9 court ruling on a request for access to any of the victim's
10 records, information, or communications which are
11 privileged or confidential by law.
12 (1.6) Except as otherwise provided in Section 9.5 of
13 the Criminal Identification Act or Section 3-3013 of the
14 Counties Code, whenever a person's DNA profile is
15 collected due to the person being a victim of a crime, as
16 identified by law enforcement, that specific profile
17 collected in conjunction with that criminal investigation
18 shall not be entered into any DNA database. Nothing in
19 this paragraph (1.6) shall be interpreted to contradict
20 rules and regulations developed by the Federal Bureau of
21 Investigation relating to the National DNA Index System or
22 Combined DNA Index System.
23 (2) The right to timely notification of all court
24 proceedings. Timely notification shall include 7 days'
25 notice of all court proceedings.
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1 (3) The right to communicate with the prosecution.
2 (4) The right to be heard at any post-arraignment
3 court proceeding in which a right of the victim is at issue
4 and any court proceeding involving a post-arraignment
5 release decision, plea, or sentencing.
6 (5) The right to be notified of the conviction, the
7 sentence, the imprisonment and the release of the accused.
8 (6) The right to the timely disposition of the case
9 following the arrest of the accused.
10 (7) The right to be reasonably protected from the
11 accused through the criminal justice process.
12 (7.5) The right to have the safety of the victim and
13 the victim's family considered in determining whether to
14 release the defendant and setting conditions of release
15 after arrest and conviction.
16 (8) The right to be present at the trial and all other
17 court proceedings on the same basis as the accused, unless
18 the victim is to testify and the court determines that the
19 victim's testimony would be materially affected if the
20 victim hears other testimony at the trial.
21 (9) The right to have present at all court
22 proceedings, including proceedings under the Juvenile
23 Court Act of 1987, subject to the rules of evidence, an
24 advocate and other support person of the victim's choice.
25 (10) The right to restitution.
26 (b) Any law enforcement agency that investigates an
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1 offense committed in this State shall provide a crime victim
2 with a written statement and explanation of the rights of
3 crime victims under this amendatory Act of the 99th General
4 Assembly within 48 hours of law enforcement's initial contact
5 with a victim. The statement shall include information about
6 crime victim compensation, including how to contact the Office
7 of the Illinois Attorney General to file a claim, and
8 appropriate referrals to local and State programs that provide
9 victim services. The content of the statement shall be
10 provided to law enforcement by the Attorney General. Law
11 enforcement shall also provide a crime victim with a sign-off
12 sheet that the victim shall sign and date as an
13 acknowledgement that he or she has been furnished with
14 information and an explanation of the rights of crime victims
15 and compensation set forth in this Act.
16 (b-5) Upon the request of the victim, the law enforcement
17 agency having jurisdiction shall provide a free copy of the
18 police report concerning the victim's incident, as soon as
19 practicable, but in no event later than 5 business days from
20 the request.
21 (c) The Clerk of the Circuit Court shall post the rights of
22 crime victims set forth in Article I, Section 8.1(a) of the
23 Illinois Constitution and subsection (a) of this Section
24 within 3 feet of the door to any courtroom where criminal
25 proceedings are conducted. The clerk may also post the rights
26 in other locations in the courthouse.
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1 (d) At any point, the victim has the right to retain a
2 victim's attorney who may be present during all stages of any
3 interview, investigation, or other interaction with
4 representatives of the criminal justice system. Treatment of
5 the victim should not be affected or altered in any way as a
6 result of the victim's decision to exercise this right.
7 (Source: P.A. 103-792, eff. 1-1-25.)
8 (725 ILCS 120/4.5)
9 Sec. 4.5. Procedures to implement the rights of crime
10 victims. To afford crime victims their rights, law
11 enforcement, prosecutors, judges, and corrections will provide
12 information, as appropriate, of the following procedures:
13 (a) At the request of the crime victim, law enforcement
14 authorities investigating the case shall provide notice of the
15 status of the investigation, except where the State's Attorney
16 determines that disclosure of such information would
17 unreasonably interfere with the investigation, until such time
18 as the alleged assailant is apprehended or the investigation
19 is closed.
20 (a-5) When law enforcement authorities reopen a closed
21 case to resume investigating, they shall provide notice of the
22 reopening of the case, except where the State's Attorney
23 determines that disclosure of such information would
24 unreasonably interfere with the investigation.
25 (b) The office of the State's Attorney:
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1 (1) shall provide notice of the filing of an
2 information, the return of an indictment, or the filing of
3 a petition to adjudicate a minor as a delinquent for a
4 violent crime;
5 (2) shall provide 7 days' timely notice of the date,
6 time, and place of court proceedings; of any change in the
7 date, time, and place of court proceedings; and of any
8 cancellation of court proceedings. For preliminary
9 hearings and hearings regarding pretrial release or that
10 alter the conditions of pretrial release only, if giving
11 the victim 7 days' notice is impossible, fewer days may be
12 timely, so long as the notice is provided as soon as
13 practicable and in advance of the proceeding. Notice shall
14 be provided in sufficient time, wherever possible, for the
15 victim to make arrangements to attend or to prevent an
16 unnecessary appearance at court proceedings;
17 (3) or victim advocate personnel shall provide
18 information of social services and financial assistance
19 available for victims of crime, including information of
20 how to apply for these services and assistance;
21 (3.5) or victim advocate personnel shall provide
22 information about available victim services, including
23 referrals to programs, counselors, and agencies that
24 assist a victim to deal with trauma, loss, and grief;
25 (4) shall assist in having any stolen or other
26 personal property held by law enforcement authorities for
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1 evidentiary or other purposes returned as expeditiously as
2 possible, pursuant to the procedures set out in Section
3 115-9 of the Code of Criminal Procedure of 1963;
4 (5) or victim advocate personnel shall provide
5 appropriate employer intercession services to ensure that
6 employers of victims will cooperate with the criminal
7 justice system in order to minimize an employee's loss of
8 pay and other benefits resulting from court appearances;
9 (6) shall provide, whenever possible, a secure waiting
10 area during court proceedings that does not require
11 victims to be in close proximity to defendants or
12 juveniles accused of a violent crime, and their families
13 and friends;
14 (7) shall provide notice to the crime victim of the
15 right to have a translator present at all court
16 proceedings and, in compliance with the federal Americans
17 with Disabilities Act of 1990, the right to communications
18 access through a sign language interpreter or by other
19 means;
20 (8) (blank);
21 (8.5) shall inform the victim of the right to be
22 present at all court proceedings, unless the victim is to
23 testify and the court determines that the victim's
24 testimony would be materially affected if the victim hears
25 other testimony at trial;
26 (9) shall inform the victim of the right to have
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1 present at all court proceedings, subject to the rules of
2 evidence and confidentiality, an advocate and other
3 support person of the victim's choice;
4 (9.3) shall inform the victim of the right to retain
5 an attorney, at the victim's own expense, who, upon
6 written notice filed with the clerk of the court and
7 State's Attorney, is to receive copies of all notices,
8 motions, and court orders filed thereafter in the case, in
9 the same manner as if the victim were a named party in the
10 case;
11 (9.5) shall inform the victim of (A) the victim's
12 right under Section 6 of this Act to make a statement at
13 the sentencing hearing; (B) the right of the victim's
14 spouse, guardian, parent, grandparent, and other immediate
15 family and household members under Section 6 of this Act
16 to present a statement at sentencing; and (C) if a
17 presentence report is to be prepared, the right of the
18 victim's spouse, guardian, parent, grandparent, and other
19 immediate family and household members to submit
20 information to the preparer of the presentence report
21 about the effect the offense has had on the victim and the
22 person;
23 (10) at the sentencing shall make a good faith attempt
24 to explain the minimum amount of time during which the
25 defendant may actually be physically imprisoned. The
26 Office of the State's Attorney shall further notify the
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1 crime victim of the right to request from the Prisoner
2 Review Board or Department of Juvenile Justice information
3 concerning the release of the defendant;
4 (11) shall request restitution at sentencing and as
5 part of a plea agreement if the victim requests
6 restitution;
7 (12) shall, upon the court entering a verdict of not
8 guilty by reason of insanity, inform the victim of the
9 notification services available from the Department of
10 Human Services, including the statewide telephone number,
11 under subparagraph (d)(2) of this Section;
12 (13) shall provide notice within a reasonable time
13 after receipt of notice from the custodian, of the release
14 of the defendant on pretrial release or personal
15 recognizance or the release from detention of a minor who
16 has been detained;
17 (14) shall explain in nontechnical language the
18 details of any plea or verdict of a defendant, or any
19 adjudication of a juvenile as a delinquent;
20 (15) shall make all reasonable efforts to consult with
21 the crime victim before the Office of the State's Attorney
22 makes an offer of a plea bargain to the defendant or enters
23 into negotiations with the defendant concerning a possible
24 plea agreement, and shall consider the written statement,
25 if prepared prior to entering into a plea agreement. The
26 right to consult with the prosecutor does not include the
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1 right to veto a plea agreement or to insist the case go to
2 trial. If the State's Attorney has not consulted with the
3 victim prior to making an offer or entering into plea
4 negotiations with the defendant, the Office of the State's
5 Attorney shall notify the victim of the offer or the
6 negotiations within 2 business days and confer with the
7 victim;
8 (16) shall provide notice of the ultimate disposition
9 of the cases arising from an indictment or an information,
10 or a petition to have a juvenile adjudicated as a
11 delinquent for a violent crime;
12 (17) shall provide notice of any appeal taken by the
13 defendant and information on how to contact the
14 appropriate agency handling the appeal, and how to request
15 notice of any hearing, oral argument, or decision of an
16 appellate court;
17 (18) shall provide timely notice of any request for
18 post-conviction review filed by the defendant under
19 Article 122 of the Code of Criminal Procedure of 1963, and
20 of the date, time and place of any hearing concerning the
21 petition. Whenever possible, notice of the hearing shall
22 be given within 48 hours of the court's scheduling of the
23 hearing;
24 (19) shall forward a copy of any statement presented
25 under Section 6 to the Prisoner Review Board or Department
26 of Juvenile Justice to be considered in making a
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1 determination under Section 3-2.5-85 or subsection (b) of
2 Section 3-3-8 of the Unified Code of Corrections;
3 (20) shall, within a reasonable time, offer to meet
4 with the crime victim regarding the decision of the
5 State's Attorney not to charge an offense, and shall meet
6 with the victim, if the victim agrees. The victim has a
7 right to have an attorney, advocate, and other support
8 person of the victim's choice attend this meeting with the
9 victim; and
10 (21) shall give the crime victim timely notice of any
11 decision not to pursue charges and consider the safety of
12 the victim when deciding how to give such notice.
13 (c) The court shall ensure that the rights of the victim
14 are afforded.
15 (c-5) The following procedures shall be followed to afford
16 victims the rights guaranteed by Article I, Section 8.1 of the
17 Illinois Constitution:
18 (1) Written notice. A victim may complete a written
19 notice of intent to assert rights on a form prepared by the
20 Office of the Attorney General and provided to the victim
21 by the State's Attorney. The victim may at any time
22 provide a revised written notice to the State's Attorney.
23 The State's Attorney shall file the written notice with
24 the court. At the beginning of any court proceeding in
25 which the right of a victim may be at issue, the court and
26 prosecutor shall review the written notice to determine
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1 whether the victim has asserted the right that may be at
2 issue.
3 (2) Victim's retained attorney. A victim's attorney
4 shall file an entry of appearance limited to assertion of
5 the victim's rights. Upon the filing of the entry of
6 appearance and service on the State's Attorney and the
7 defendant, the attorney is to receive copies of all
8 notices, motions and court orders filed thereafter in the
9 case.
10 (3) Standing. The victim has standing to assert the
11 rights enumerated in subsection (a) of Article I, Section
12 8.1 of the Illinois Constitution and the statutory rights
13 under Section 4 of this Act in any court exercising
14 jurisdiction over the criminal case. The prosecuting
15 attorney, a victim, or the victim's retained attorney may
16 assert the victim's rights. The defendant in the criminal
17 case has no standing to assert a right of the victim in any
18 court proceeding, including on appeal.
19 (4) Assertion of and enforcement of rights.
20 (A) The prosecuting attorney shall assert a
21 victim's right or request enforcement of a right by
22 filing a motion or by orally asserting the right or
23 requesting enforcement in open court in the criminal
24 case outside the presence of the jury. The prosecuting
25 attorney shall consult with the victim and the
26 victim's attorney regarding the assertion or
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1 enforcement of a right. If the prosecuting attorney
2 decides not to assert or enforce a victim's right, the
3 prosecuting attorney shall notify the victim or the
4 victim's attorney in sufficient time to allow the
5 victim or the victim's attorney to assert the right or
6 to seek enforcement of a right.
7 (B) If the prosecuting attorney elects not to
8 assert a victim's right or to seek enforcement of a
9 right, the victim or the victim's attorney may assert
10 the victim's right or request enforcement of a right
11 by filing a motion or by orally asserting the right or
12 requesting enforcement in open court in the criminal
13 case outside the presence of the jury.
14 (C) If the prosecuting attorney asserts a victim's
15 right or seeks enforcement of a right, unless the
16 prosecuting attorney objects or the trial court does
17 not allow it, the victim or the victim's attorney may
18 be heard regarding the prosecuting attorney's motion
19 or may file a simultaneous motion to assert or request
20 enforcement of the victim's right. If the victim or
21 the victim's attorney was not allowed to be heard at
22 the hearing regarding the prosecuting attorney's
23 motion, and the court denies the prosecuting
24 attorney's assertion of the right or denies the
25 request for enforcement of a right, the victim or
26 victim's attorney may file a motion to assert the
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1 victim's right or to request enforcement of the right
2 within 10 days of the court's ruling. The motion need
3 not demonstrate the grounds for a motion for
4 reconsideration. The court shall rule on the merits of
5 the motion.
6 (D) The court shall take up and decide any motion
7 or request asserting or seeking enforcement of a
8 victim's right without delay, unless a specific time
9 period is specified by law or court rule. The reasons
10 for any decision denying the motion or request shall
11 be clearly stated on the record.
12 (E) No later than January 1, 2023, the Office of
13 the Attorney General shall:
14 (i) designate an administrative authority
15 within the Office of the Attorney General to
16 receive and investigate complaints relating to the
17 provision or violation of the rights of a crime
18 victim as described in Article I, Section 8.1 of
19 the Illinois Constitution and in this Act;
20 (ii) create and administer a course of
21 training for employees and offices of the State of
22 Illinois that fail to comply with provisions of
23 Illinois law pertaining to the treatment of crime
24 victims as described in Article I, Section 8.1 of
25 the Illinois Constitution and in this Act as
26 required by the court under Section 5 of this Act;
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1 and
2 (iii) have the authority to make
3 recommendations to employees and offices of the
4 State of Illinois to respond more effectively to
5 the needs of crime victims, including regarding
6 the violation of the rights of a crime victim.
7 (F) Crime victims' rights may also be asserted by
8 filing a complaint for mandamus, injunctive, or
9 declaratory relief in the jurisdiction in which the
10 victim's right is being violated or where the crime is
11 being prosecuted. For complaints or motions filed by
12 or on behalf of the victim, the clerk of court shall
13 waive filing fees that would otherwise be owed by the
14 victim for any court filing with the purpose of
15 enforcing crime victims' rights. If the court denies
16 the relief sought by the victim, the reasons for the
17 denial shall be clearly stated on the record in the
18 transcript of the proceedings, in a written opinion,
19 or in the docket entry, and the victim may appeal the
20 circuit court's decision to the appellate court. The
21 court shall issue prompt rulings regarding victims'
22 rights. Proceedings seeking to enforce victims' rights
23 shall not be stayed or subject to unreasonable delay
24 via continuances.
25 (5) Violation of rights and remedies.
26 (A) If the court determines that a victim's right
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1 has been violated, the court shall determine the
2 appropriate remedy for the violation of the victim's
3 right by hearing from the victim and the parties,
4 considering all factors relevant to the issue, and
5 then awarding appropriate relief to the victim.
6 (A-5) Consideration of an issue of a substantive
7 nature or an issue that implicates the constitutional
8 or statutory right of a victim at a court proceeding
9 labeled as a status hearing shall constitute a per se
10 violation of a victim's right.
11 (B) The appropriate remedy shall include only
12 actions necessary to provide the victim the right to
13 which the victim was entitled. Remedies may include,
14 but are not limited to: injunctive relief requiring
15 the victim's right to be afforded; declaratory
16 judgment recognizing or clarifying the victim's
17 rights; a writ of mandamus; and may include reopening
18 previously held proceedings; however, in no event
19 shall the court vacate a conviction. Any remedy shall
20 be tailored to provide the victim an appropriate
21 remedy without violating any constitutional right of
22 the defendant. In no event shall the appropriate
23 remedy to the victim be a new trial or damages.
24 The court shall impose a mandatory training course
25 provided by the Attorney General for the employee under
26 item (ii) of subparagraph (E) of paragraph (4), which must
HB1302 Enrolled - 24 - LRB104 05519 RLC 15548 b
1 be successfully completed within 6 months of the entry of
2 the court order.
3 This paragraph (5) takes effect January 2, 2023.
4 (6) Right to be heard. Whenever a victim has the right
5 to be heard, the court shall allow the victim to exercise
6 the right in any reasonable manner the victim chooses.
7 (7) Right to attend trial. A party must file a written
8 motion to exclude a victim from trial at least 60 days
9 prior to the date set for trial. The motion must state with
10 specificity the reason exclusion is necessary to protect a
11 constitutional right of the party, and must contain an
12 offer of proof. The court shall rule on the motion within
13 30 days. If the motion is granted, the court shall set
14 forth on the record the facts that support its finding
15 that the victim's testimony will be materially affected if
16 the victim hears other testimony at trial.
17 (8) Right to have advocate and support person present
18 at court proceedings.
19 (A) A party who intends to call an advocate as a
20 witness at trial must seek permission of the court
21 before the subpoena is issued. The party must file a
22 written motion at least 90 days before trial that sets
23 forth specifically the issues on which the advocate's
24 testimony is sought and an offer of proof regarding
25 (i) the content of the anticipated testimony of the
26 advocate; and (ii) the relevance, admissibility, and
HB1302 Enrolled - 25 - LRB104 05519 RLC 15548 b
1 materiality of the anticipated testimony. The court
2 shall consider the motion and make findings within 30
3 days of the filing of the motion. If the court finds by
4 a preponderance of the evidence that: (i) the
5 anticipated testimony is not protected by an absolute
6 privilege; and (ii) the anticipated testimony contains
7 relevant, admissible, and material evidence that is
8 not available through other witnesses or evidence, the
9 court shall issue a subpoena requiring the advocate to
10 appear to testify at an in camera hearing. The
11 prosecuting attorney and the victim shall have 15 days
12 to seek appellate review before the advocate is
13 required to testify at an ex parte in camera
14 proceeding.
15 The prosecuting attorney, the victim, and the
16 advocate's attorney shall be allowed to be present at
17 the ex parte in camera proceeding. If, after
18 conducting the ex parte in camera hearing, the court
19 determines that due process requires any testimony
20 regarding confidential or privileged information or
21 communications, the court shall provide to the
22 prosecuting attorney, the victim, and the advocate's
23 attorney a written memorandum on the substance of the
24 advocate's testimony. The prosecuting attorney, the
25 victim, and the advocate's attorney shall have 15 days
26 to seek appellate review before a subpoena may be
HB1302 Enrolled - 26 - LRB104 05519 RLC 15548 b
1 issued for the advocate to testify at trial. The
2 presence of the prosecuting attorney at the ex parte
3 in camera proceeding does not make the substance of
4 the advocate's testimony that the court has ruled
5 inadmissible subject to discovery.
6 (B) If a victim has asserted the right to have a
7 support person present at the court proceedings, the
8 victim shall provide the name of the person the victim
9 has chosen to be the victim's support person to the
10 prosecuting attorney, within 60 days of trial. The
11 prosecuting attorney shall provide the name to the
12 defendant. If the defendant intends to call the
13 support person as a witness at trial, the defendant
14 must seek permission of the court before a subpoena is
15 issued. The defendant must file a written motion at
16 least 45 days prior to trial that sets forth
17 specifically the issues on which the support person
18 will testify and an offer of proof regarding: (i) the
19 content of the anticipated testimony of the support
20 person; and (ii) the relevance, admissibility, and
21 materiality of the anticipated testimony.
22 If the prosecuting attorney intends to call the
23 support person as a witness during the State's
24 case-in-chief, the prosecuting attorney shall inform
25 the court of this intent in the response to the
26 defendant's written motion. The victim may choose a
HB1302 Enrolled - 27 - LRB104 05519 RLC 15548 b
1 different person to be the victim's support person.
2 The court may allow the defendant to inquire about
3 matters outside the scope of the direct examination
4 during cross-examination. If the court allows the
5 defendant to do so, the support person shall be
6 allowed to remain in the courtroom after the support
7 person has testified. A defendant who fails to
8 question the support person about matters outside the
9 scope of direct examination during the State's
10 case-in-chief waives the right to challenge the
11 presence of the support person on appeal. The court
12 shall allow the support person to testify if called as
13 a witness in the defendant's case-in-chief or the
14 State's rebuttal.
15 If the court does not allow the defendant to
16 inquire about matters outside the scope of the direct
17 examination, the support person shall be allowed to
18 remain in the courtroom after the support person has
19 been called by the defendant or the defendant has
20 rested. The court shall allow the support person to
21 testify in the State's rebuttal.
22 If the prosecuting attorney does not intend to
23 call the support person in the State's case-in-chief,
24 the court shall verify with the support person whether
25 the support person, if called as a witness, would
26 testify as set forth in the offer of proof. If the
HB1302 Enrolled - 28 - LRB104 05519 RLC 15548 b
1 court finds that the support person would testify as
2 set forth in the offer of proof, the court shall rule
3 on the relevance, materiality, and admissibility of
4 the anticipated testimony. If the court rules the
5 anticipated testimony is admissible, the court shall
6 issue the subpoena. The support person may remain in
7 the courtroom after the support person testifies and
8 shall be allowed to testify in rebuttal.
9 If the court excludes the victim's support person
10 during the State's case-in-chief, the victim shall be
11 allowed to choose another support person to be present
12 in court.
13 If the victim fails to designate a support person
14 within 60 days of trial and the defendant has
15 subpoenaed the support person to testify at trial, the
16 court may exclude the support person from the trial
17 until the support person testifies. If the court
18 excludes the support person the victim may choose
19 another person as a support person.
20 (9) Right to notice and hearing before disclosure of
21 confidential or privileged information or records.
22 (A) A defendant who seeks to subpoena testimony or
23 records of or concerning the victim that are
24 confidential or privileged by law must seek permission
25 of the court before the subpoena is issued. The
26 defendant must file a written motion and an offer of
HB1302 Enrolled - 29 - LRB104 05519 RLC 15548 b
1 proof regarding the relevance, admissibility and
2 materiality of the testimony or records. If the court
3 finds by a preponderance of the evidence that:
4 (i) the testimony or records are not protected
5 by an absolute privilege and
6 (ii) the testimony or records contain
7 relevant, admissible, and material evidence that
8 is not available through other witnesses or
9 evidence, the court shall issue a subpoena
10 requiring the witness to appear in camera or a
11 sealed copy of the records be delivered to the
12 court to be reviewed in camera. If, after
13 conducting an in camera review of the witness
14 statement or records, the court determines that
15 due process requires disclosure of any potential
16 testimony or any portion of the records, the court
17 shall provide copies of the records that it
18 intends to disclose to the prosecuting attorney
19 and the victim. The prosecuting attorney and the
20 victim shall have 30 days to seek appellate review
21 before the records are disclosed to the defendant,
22 used in any court proceeding, or disclosed to
23 anyone or in any way that would subject the
24 testimony or records to public review. The
25 disclosure of copies of any portion of the
26 testimony or records to the prosecuting attorney
HB1302 Enrolled - 30 - LRB104 05519 RLC 15548 b
1 under this Section does not make the records
2 subject to discovery or required to be provided to
3 the defendant.
4 (B) A prosecuting attorney who seeks to subpoena
5 information or records concerning the victim that are
6 confidential or privileged by law must first request
7 the written consent of the crime victim. If the victim
8 does not provide such written consent, including where
9 necessary the appropriate signed document required for
10 waiving privilege, the prosecuting attorney must serve
11 the subpoena at least 21 days prior to the date a
12 response or appearance is required to allow the
13 subject of the subpoena time to file a motion to quash
14 or request a hearing. The prosecuting attorney must
15 also send a written notice to the victim at least 21
16 days prior to the response date to allow the victim to
17 file a motion or request a hearing. The notice to the
18 victim shall inform the victim (i) that a subpoena has
19 been issued for confidential information or records
20 concerning the victim, (ii) that the victim has the
21 right to request a hearing prior to the response date
22 of the subpoena, and (iii) how to request the hearing.
23 The notice to the victim shall also include a copy of
24 the subpoena. If requested, a hearing regarding the
25 subpoena shall occur before information or records are
26 provided to the prosecuting attorney.
HB1302 Enrolled - 31 - LRB104 05519 RLC 15548 b
1 (10) Right to notice of court proceedings. If the
2 victim is not present at a court proceeding in which a
3 right of the victim is at issue, the court shall ask the
4 prosecuting attorney whether the victim was notified of
5 the time, place, and purpose of the court proceeding and
6 that the victim had a right to be heard at the court
7 proceeding. If the court determines that timely notice was
8 not given or that the victim was not adequately informed
9 of the nature of the court proceeding, the court shall not
10 rule on any substantive issues, accept a plea, or impose a
11 sentence and shall continue the hearing for the time
12 necessary to notify the victim of the time, place and
13 nature of the court proceeding. The time between court
14 proceedings shall not be attributable to the State under
15 Section 103-5 of the Code of Criminal Procedure of 1963.
16 (11) Right to timely disposition of the case. A victim
17 has the right to timely disposition of the case so as to
18 minimize the stress, cost, and inconvenience resulting
19 from the victim's involvement in the case. Before ruling
20 on a motion to continue trial or other court proceeding,
21 the court shall inquire into the circumstances for the
22 request for the delay and, if the victim has provided
23 written notice of the assertion of the right to a timely
24 disposition, and whether the victim objects to the delay.
25 If the victim objects, the prosecutor shall inform the
26 court of the victim's objections. If the prosecutor has
HB1302 Enrolled - 32 - LRB104 05519 RLC 15548 b
1 not conferred with the victim about the continuance, the
2 prosecutor shall inform the court of the attempts to
3 confer. If the court finds the attempts of the prosecutor
4 to confer with the victim were inadequate to protect the
5 victim's right to be heard, the court shall give the
6 prosecutor at least 3 but not more than 5 business days to
7 confer with the victim. In ruling on a motion to continue,
8 the court shall consider the reasons for the requested
9 continuance, the number and length of continuances that
10 have been granted, the victim's objections and procedures
11 to avoid further delays. If a continuance is granted over
12 the victim's objection, the court shall specify on the
13 record the reasons for the continuance and the procedures
14 that have been or will be taken to avoid further delays.
15 (12) Right to Restitution.
16 (A) If the victim has asserted the right to
17 restitution and the amount of restitution is known at
18 the time of sentencing, the court shall enter the
19 judgment of restitution at the time of sentencing.
20 (B) If the victim has asserted the right to
21 restitution and the amount of restitution is not known
22 at the time of sentencing, the prosecutor shall,
23 within 5 days after sentencing, notify the victim what
24 information and documentation related to restitution
25 is needed and that the information and documentation
26 must be provided to the prosecutor within 45 days
HB1302 Enrolled - 33 - LRB104 05519 RLC 15548 b
1 after sentencing. Failure to timely provide
2 information and documentation related to restitution
3 shall be deemed a waiver of the right to restitution.
4 The prosecutor shall file and serve within 60 days
5 after sentencing a proposed judgment for restitution
6 and a notice that includes information concerning the
7 identity of any victims or other persons seeking
8 restitution, whether any victim or other person
9 expressly declines restitution, the nature and amount
10 of any damages together with any supporting
11 documentation, a restitution amount recommendation,
12 and the names of any co-defendants and their case
13 numbers. Within 30 days after receipt of the proposed
14 judgment for restitution, the defendant shall file any
15 objection to the proposed judgment, a statement of
16 grounds for the objection, and a financial statement.
17 If the defendant does not file an objection, the court
18 may enter the judgment for restitution without further
19 proceedings. If the defendant files an objection and
20 either party requests a hearing, the court shall
21 schedule a hearing.
22 (13) Access to presentence reports.
23 (A) The victim may request a copy of the
24 presentence report prepared under the Unified Code of
25 Corrections from the State's Attorney. The State's
26 Attorney shall redact the following information before
HB1302 Enrolled - 34 - LRB104 05519 RLC 15548 b
1 providing a copy of the report:
2 (i) the defendant's mental history and
3 condition;
4 (ii) any evaluation prepared under subsection
5 (b) or (b-5) of Section 5-3-2; and
6 (iii) the name, address, phone number, and
7 other personal information about any other victim.
8 (B) The State's Attorney or the defendant may
9 request the court redact other information in the
10 report that may endanger the safety of any person.
11 (C) The State's Attorney may orally disclose to
12 the victim any of the information that has been
13 redacted if there is a reasonable likelihood that the
14 information will be stated in court at the sentencing.
15 (D) The State's Attorney must advise the victim
16 that the victim must maintain the confidentiality of
17 the report and other information. Any dissemination of
18 the report or information that was not stated at a
19 court proceeding constitutes indirect criminal
20 contempt of court.
21 (14) Appellate relief. If the trial court denies the
22 relief requested, the victim, the victim's attorney, or
23 the prosecuting attorney may file an appeal within 30 days
24 of the trial court's ruling. The trial or appellate court
25 may stay the court proceedings if the court finds that a
26 stay would not violate a constitutional right of the
HB1302 Enrolled - 35 - LRB104 05519 RLC 15548 b
1 defendant. If the appellate court denies the relief
2 sought, the reasons for the denial shall be clearly stated
3 in a written opinion. In any appeal in a criminal case, the
4 State may assert as error the court's denial of any crime
5 victim's right in the proceeding to which the appeal
6 relates.
7 (15) Limitation on appellate relief. In no case shall
8 an appellate court provide a new trial to remedy the
9 violation of a victim's right.
10 (16) The right to be reasonably protected from the
11 accused throughout the criminal justice process and the
12 right to have the safety of the victim and the victim's
13 family considered in determining whether to release the
14 defendant, and setting conditions of release after arrest
15 and conviction. A victim of domestic violence, a sexual
16 offense, or stalking may request the entry of a protective
17 order under Article 112A of the Code of Criminal Procedure
18 of 1963.
19 (d) Procedures after the imposition of sentence.
20 (1) The Prisoner Review Board shall inform a victim or
21 any other concerned citizen, upon written request, of the
22 prisoner's release on parole, mandatory supervised
23 release, electronic detention, work release, international
24 transfer or exchange, or by the custodian, other than the
25 Department of Juvenile Justice, of the discharge of any
26 individual who was adjudicated a delinquent for a crime
HB1302 Enrolled - 36 - LRB104 05519 RLC 15548 b
1 from State custody and by the sheriff of the appropriate
2 county of any such person's final discharge from county
3 custody. The Prisoner Review Board, upon written request,
4 shall provide to a victim or any other concerned citizen a
5 recent photograph of any person convicted of a felony,
6 upon his or her release from custody. The Prisoner Review
7 Board, upon written request, shall inform a victim or any
8 other concerned citizen when feasible at least 7 days
9 prior to the prisoner's release on furlough of the times
10 and dates of such furlough. Upon written request by the
11 victim or any other concerned citizen, the State's
12 Attorney shall notify the person once of the times and
13 dates of release of a prisoner sentenced to periodic
14 imprisonment. Notification shall be based on the most
15 recent information as to the victim's or other concerned
16 citizen's residence or other location available to the
17 notifying authority.
18 (2) When the defendant has been committed to the
19 Department of Human Services pursuant to Section 5-2-4 or
20 any other provision of the Unified Code of Corrections,
21 the victim may request to be notified by the releasing
22 authority of the approval by the court of an on-grounds
23 pass, a supervised off-grounds pass, an unsupervised
24 off-grounds pass, or conditional release; the release on
25 an off-grounds pass; the return from an off-grounds pass;
26 transfer to another facility; conditional release; escape;
HB1302 Enrolled - 37 - LRB104 05519 RLC 15548 b
1 death; or final discharge from State custody. The
2 Department of Human Services shall establish and maintain
3 a statewide telephone number to be used by victims to make
4 notification requests under these provisions and shall
5 publicize this telephone number on its website and to the
6 State's Attorney of each county.
7 (3) In the event of an escape from State custody, the
8 Department of Corrections or the Department of Juvenile
9 Justice immediately shall notify the Prisoner Review Board
10 of the escape and the Prisoner Review Board shall notify
11 the victim. The notification shall be based upon the most
12 recent information as to the victim's residence or other
13 location available to the Board. When no such information
14 is available, the Board shall make all reasonable efforts
15 to obtain the information and make the notification. When
16 the escapee is apprehended, the Department of Corrections
17 or the Department of Juvenile Justice immediately shall
18 notify the Prisoner Review Board and the Board shall
19 notify the victim.
20 (4) The victim of the crime for which the prisoner has
21 been sentenced has the right to register with the Prisoner
22 Review Board's victim registry. Victims registered with
23 the Board shall receive reasonable written notice not less
24 than 30 days prior to the parole hearing or target
25 aftercare release date. The victim has the right to submit
26 a victim statement for consideration by the Prisoner
HB1302 Enrolled - 38 - LRB104 05519 RLC 15548 b
1 Review Board or the Department of Juvenile Justice in
2 writing, on film, videotape, or other electronic means, or
3 in the form of a recording prior to the parole hearing or
4 target aftercare release date, or in person at the parole
5 hearing or aftercare release protest hearing, or by
6 calling the toll-free number established in subsection (f)
7 of this Section. The victim shall be notified within 7
8 days after the prisoner has been granted parole or
9 aftercare release and shall be informed of the right to
10 inspect the registry of parole decisions, established
11 under subsection (g) of Section 3-3-5 of the Unified Code
12 of Corrections. The provisions of this paragraph (4) are
13 subject to the Open Parole Hearings Act. Victim statements
14 provided to the Board shall be confidential and
15 privileged, including any statements received prior to
16 January 1, 2020 (the effective date of Public Act
17 101-288), except if the statement was an oral statement
18 made by the victim at a hearing open to the public.
19 (4-1) The crime victim has the right to submit a
20 victim statement for consideration by the Prisoner Review
21 Board or the Department of Juvenile Justice prior to or at
22 a hearing to determine the conditions of mandatory
23 supervised release of a person sentenced to a determinate
24 sentence or at a hearing on revocation of mandatory
25 supervised release of a person sentenced to a determinate
26 sentence. A victim statement may be submitted in writing,
HB1302 Enrolled - 39 - LRB104 05519 RLC 15548 b
1 on film, videotape, or other electronic means, or in the
2 form of a recording, or orally at a hearing, or by calling
3 the toll-free number established in subsection (f) of this
4 Section. Victim statements provided to the Board shall be
5 confidential and privileged, including any statements
6 received prior to January 1, 2020 (the effective date of
7 Public Act 101-288), except if the statement was an oral
8 statement made by the victim at a hearing open to the
9 public.
10 (4-2) The crime victim has the right to submit a
11 victim statement to the Prisoner Review Board for
12 consideration at an executive clemency hearing as provided
13 in Section 3-3-13 of the Unified Code of Corrections. A
14 victim statement may be submitted in writing, on film,
15 videotape, or other electronic means, or in the form of a
16 recording prior to a hearing, or orally at a hearing, or by
17 calling the toll-free number established in subsection (f)
18 of this Section. Victim statements provided to the Board
19 shall be confidential and privileged, including any
20 statements received prior to January 1, 2020 (the
21 effective date of Public Act 101-288), except if the
22 statement was an oral statement made by the victim at a
23 hearing open to the public.
24 (5) If a statement is presented under Section 6, the
25 Prisoner Review Board or Department of Juvenile Justice
26 shall inform the victim of any order of discharge pursuant
HB1302 Enrolled - 40 - LRB104 05519 RLC 15548 b
1 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
2 Corrections.
3 (6) At the written or oral request of the victim of the
4 crime for which the prisoner was sentenced or the State's
5 Attorney of the county where the person seeking parole or
6 aftercare release was prosecuted, the Prisoner Review
7 Board or Department of Juvenile Justice shall notify the
8 victim and the State's Attorney of the county where the
9 person seeking parole or aftercare release was prosecuted
10 of the death of the prisoner if the prisoner died while on
11 parole or aftercare release or mandatory supervised
12 release.
13 (7) When a defendant who has been committed to the
14 Department of Corrections, the Department of Juvenile
15 Justice, or the Department of Human Services is released
16 or discharged and subsequently committed to the Department
17 of Human Services as a sexually violent person and the
18 victim had requested to be notified by the releasing
19 authority of the defendant's discharge, conditional
20 release, death, or escape from State custody, the
21 releasing authority shall provide to the Department of
22 Human Services such information that would allow the
23 Department of Human Services to contact the victim.
24 (8) When a defendant has been convicted of a sex
25 offense as defined in Section 2 of the Sex Offender
26 Registration Act and has been sentenced to the Department
HB1302 Enrolled - 41 - LRB104 05519 RLC 15548 b
1 of Corrections or the Department of Juvenile Justice, the
2 Prisoner Review Board or the Department of Juvenile
3 Justice shall notify the victim of the sex offense of the
4 prisoner's eligibility for release on parole, aftercare
5 release, mandatory supervised release, electronic
6 detention, work release, international transfer or
7 exchange, or by the custodian of the discharge of any
8 individual who was adjudicated a delinquent for a sex
9 offense from State custody and by the sheriff of the
10 appropriate county of any such person's final discharge
11 from county custody. The notification shall be made to the
12 victim at least 30 days, whenever possible, before release
13 of the sex offender.
14 (e) The officials named in this Section may satisfy some
15 or all of their obligations to provide notices and other
16 information through participation in a statewide victim and
17 witness notification system established by the Attorney
18 General under Section 8.5 of this Act.
19 (f) The Prisoner Review Board shall establish a toll-free
20 number that may be accessed by the crime victim to present a
21 victim statement to the Board in accordance with paragraphs
22 (4), (4-1), and (4-2) of subsection (d).
23 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
24 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
25 8-20-21; 102-813, eff. 5-13-22.)
HB1302 Enrolled - 42 - LRB104 05519 RLC 15548 b
1 Section 20. The Sexual Assault Incident Procedure Act is
2 amended by changing Section 20 as follows:
3 (725 ILCS 203/20)
4 Sec. 20. Reports by law enforcement officers.
5 (a) A law enforcement officer shall complete a written
6 police report upon receiving the following, regardless of
7 where the incident occurred:
8 (1) an allegation by a person that the person has been
9 sexually assaulted or sexually abused regardless of
10 jurisdiction;
11 (2) information from hospital or medical personnel
12 provided under Section 3.2 of the Criminal Identification
13 Act; or
14 (3) information from a witness who personally observed
15 what appeared to be a sexual assault or sexual abuse or
16 attempted sexual assault or sexual abuse.
17 (b) The written report shall include the following, if
18 known:
19 (1) the victim's name or other identifier;
20 (2) the victim's contact information;
21 (3) time, date, and location of offense;
22 (4) information provided by the victim;
23 (5) the suspect's description and name, if known;
24 (6) names of persons with information relevant to the
25 time before, during, or after the sexual assault or sexual
HB1302 Enrolled - 43 - LRB104 05519 RLC 15548 b
1 abuse, and their contact information;
2 (7) names of medical professionals who provided a
3 medical forensic examination of the victim and any
4 information they provided about the sexual assault or
5 sexual abuse;
6 (8) whether an Illinois State Police Sexual Assault
7 Evidence Collection Kit was completed, the name and
8 contact information for the hospital, and whether the
9 victim consented to testing of the Evidence Collection Kit
10 by law enforcement;
11 (9) whether a urine or blood sample was collected and
12 whether the victim consented to testing of a toxicology
13 screen by law enforcement;
14 (10) information the victim related to medical
15 professionals during a medical forensic examination which
16 the victim consented to disclosure to law enforcement; and
17 (11) other relevant information.
18 (c) If the sexual assault or sexual abuse occurred in
19 another jurisdiction, the law enforcement officer taking the
20 report must submit the report to the law enforcement agency
21 having jurisdiction in person or via fax or email within 24
22 hours of receiving information about the sexual assault or
23 sexual abuse.
24 (d) Within 24 hours of receiving a report from a law
25 enforcement agency in another jurisdiction in accordance with
26 subsection (c), the law enforcement agency having jurisdiction
HB1302 Enrolled - 44 - LRB104 05519 RLC 15548 b
1 shall submit a written confirmation to the law enforcement
2 agency that wrote the report. The written confirmation shall
3 contain the name and identifier of the person and confirming
4 receipt of the report and a name and contact phone number that
5 will be given to the victim. The written confirmation shall be
6 delivered in person or via fax or email.
7 (e) No law enforcement officer shall require a victim of
8 sexual assault or sexual abuse to submit to an interview.
9 (f) No law enforcement agency may refuse to complete a
10 written report as required by this Section on any ground. A law
11 enforcement officer shall not discourage or attempt to
12 discourage a victim from filing a police report concerning
13 sexual assault or sexual abuse.
14 (g) All law enforcement agencies shall ensure that all
15 officers responding to or investigating a complaint of sexual
16 assault or sexual abuse have successfully completed training
17 under Section 10.21 of the Illinois Police Training Act and
18 Section 2605-51 of the Illinois State Police Law of the Civil
19 Administrative Code of Illinois.
20 (Source: P.A. 102-538, eff. 8-20-21.)
21 Section 25. The Illinois Domestic Violence Act of 1986 is
22 amended by changing Section 303 as follows:
23 (750 ILCS 60/303) (from Ch. 40, par. 2313-3)
24 Sec. 303. Reports by law enforcement officers.
HB1302 Enrolled - 45 - LRB104 05519 RLC 15548 b
1 (a) Every law enforcement officer investigating an alleged
2 incident of abuse, neglect, or exploitation between family or
3 household members shall make a written police report of any
4 bona fide allegation and the disposition of such
5 investigation. The police report shall include the victim's
6 statements as to the frequency and severity of prior incidents
7 of abuse, neglect, or exploitation by the same family or
8 household member and the number of prior calls for police
9 assistance to prevent such further abuse, neglect, or
10 exploitation.
11 (b) Every police report completed pursuant to this Section
12 shall be recorded and compiled as a domestic crime within the
13 meaning of Section 5.1 of the Criminal Identification Act.
14 (c) No law enforcement officer may refuse to complete a
15 written report for a bona fide allegation as required by this
16 Section on any ground. No law enforcement officer shall
17 discourage or attempt to discourage a victim from filing a
18 police report concerning an incident of abuse, neglect, or
19 exploitation.
20 (Source: P.A. 86-542; 87-1186.)Every fact on this page links to its source, starting with the official bill record.