Laws Related to Victims, Crimes and Criminal Procedure Court of Claims

The Illinois statutes referenced below are those which Impact victims of crimes, types of crimes, and criminal procedure utilized in the prosecution and defense of crimes. The Office of the Secretary of State Jesse White, Clerk of the Illinois Court of Claims thank the Violent Crimes Advisory Commission, Office of the Attorney General Lisa Madigan and its Crime Victims Services Division for providing this legislative update.

Victim Laws

Missing Persons - 50 ILCS 722/5
Law enforcement cannot refuse to accept a missing person report on the basis of the missing person's mental state or medical condition - P.A. 99-0244, eff. 1-1-16

Domestic Violence

Utility deposits - - 220 ILCS 5/8-201.6
Utility must defer initial credit and deposits for 60 days for victim of domestic violence; to qualify for deferral, victim must present order of protection or a certification on letterhead from medical personnel, State's Attorney's Office, Attorney General's Office or domestic violence shelter - - SB1645; sent to Gov. 6-29-15

Service of Orders of Protection - - 725 ILCS 5/112A-10; 750 ILCS 60/210
In Cook County, special process server may be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearm owners identification card, or the exclusive possession of a shared residence - P.A. 99-0240, eff. 1-1-16

Human Trafficking
Human Trafficking Resource Center Notice Act requires information about the national hotline for victims of slavery and human trafficking be posted in bars, adult entertainment facilities, primary airports, train stations, bus stations, truck stops, hospital emergency room, urgent care centers, farm labor contractors, privately-operated job recruitment centers, and roadside rest areas; Department of Labor issues notices of non-compliance; if not corrected within 30 days, Attorney General's Office can bring action to impose civil penalty of $500 for first offense, $1,000 for subsequent offenses - PA 99-0099; eff. 1-1-16

Department of Human Services mandated to cooperate with Department of Transportation to promote public awareness of national hotline [20 ILCS 1305/10-34] - PA 99-0105; eff. 1-1-16

Crime Victim Compensation and Debt Collection - 740 ILCS 45/18.5
Hospitals, medical providers, dentists and therapists cannot engage in debt collection activities for bills incurred as a direct result of the crime while crime victim compensation application is pending; Attorney General's Office sends copy of written notice of filing of compensation claim to victims, who then present to providers - - SB1866; sent to Gov. 6-26-15

Sexual Assault Survivors Emergency Treatment Act [SASETA] - - 410 ILCS 70
Expressly prohibits hospital, ambulance, emergency room physicians, labs and pharmacy from billing sexual assault survivors for emergency room services and 90-day follow-up services; hospitals must give written notice to survivors upon discharge, notice must include: victim cannot be charged for hospital emergency services; victim should have been given voucher if entitled to one; phone number to call if receive hospital bill, Attorney General's Office toll-free number to call if receive bill from other provider; physicians must develop billing protocols to ensure sexual assault patients are not billed or charged; Attorney General's Office can bring action to impose civil penalty penalties for violations - fine up to $500 for sending bills, up to $500/day if sent to collection agency - - HB3848; sent to Gov. 6-26-15

Campus Sexual Assault
On or before August 1, 2016, all higher education institutions must adopt a comprehensive policy concerning sexual violence, domestic violence, dating violence and stalking that complies with federal and state law. The comprehensive policy must include, among other things, procedures for reporting the violence and what accommodations can be made in the campus setting. The law also requires institutions to adopt complaint resolution procedures and to provide "confidential advisors" for victims. HB821; passed both houses

Criminal Offenses

Aggravated Assault - - 720 ILCS 5/12-2
A person commits an assault and knows that the person assaulted is a peace officer, emergency management worker, or emergency medical technician who is performing official duties or the assault was committed to prevent the performance of official duties or the assault is in retaliation for performing official duties - P.A. 99-0105, eff. 1-1-16

Financial Exploitation of Elderly Person or Person with a Disability – 720 ILCS 5/17-56
Civil liability language tying a civil judgment to the filing of criminal charges is removed. The victim's right to bring action under common law or other law is not limited by this provision – P.A. 99-0272, eff. 1-1-16

Animal Cruelty - - 510 ILCS 70/3.01
A person who is convicted of beating, cruelly treating, tormenting, starving, overworking or otherwise abusing an animal in the presence of a minor (child under 18) must be fined $250, ordered to perform at least 200 hours of community service, and ordered to pay for counseling for the minor -- HB3231; sent to Gov. 6-29-15

Prostitution -- 720 ILCS 5/11-14
Creates an affirmative defense for those engaged in prostitution because they are victims of involuntary servitude or trafficking; court can hold in camera hearing to address safety concerns associated with raising defense – P.A. 99-0109; eff. 7-22-15

Hate Crimes – 720 ILCS 5/12-7.1 & 21-1.2
Redefines "sexual orientation" in hate crimes law and mitigating factor at sentencing to have meaning in Human Rights Act: "actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult." -- P.A. 99-0077, eff. 1-1-16

Institutional Vandalism –730 ILCS 5/5—5-3
Adds ancestry, gender, sexual orientation, physical or mental disability to the list of reasons that criminalizes institutional vandalism; current reasons are the for the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors -- P.A. 99-0077, eff. 1-1-16


Aggravating Factors -- 730 ILCS 5/5-5-3.2
New aggravator: defendant committed promoting juvenile prostitution, patronizing a prostitute, or patronizing a minor engaged in prostitution and defendant knew the prostitute or minor was in the custody of DCFS – P.A. 99-0347, eff.1-1-16

New aggravator: defendant committed criminal sexual abuse or assault, aggravated sexual abuse or assault against victim with an intellectual disability, and defendant holds a position of trust, authority or supervision in relation to victim – P.A. 99-0283, eff. 1-1-16

Mitigating Factor -- 730 ILCS 5/5-5-3.1
New mitigator: defendant is or had been victim of domestic violence and the effects of the domestic violence tend to excuse or justify the criminal conduct -- SB0209; sent to Gov. 6-23-15

Good Time Credit – 730 ILCS 5/3-6-3
Increases good time credit from 60 to 90 days for obtaining GED in prison; Department of Corrections may award 90 days (increased from 60) if inmate passed GED while in pretrial confinement for offense that sent inmate to prison – P.A. 99-0241, eff. 1-1-16

Vehicle Code

Ignition Interlock Device – 625 ILCS 5/6-205, 5/11-501.1
Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination – P.A. 99-0296, eff. 1-1-2016

Restricted Permit – 625 ILCS 5/6-205, 6-206, 6-208, 303
Allows person who is ineligible for restoration of a driver's license can apply for a restricted driving permit. If granted, can drive only vehicles equipped with an ignition interlock device. A person who has a restricted license and drives a vehicle without an ignition interlock device is guilty of a class 4 felony – P.A. 99-0290, eff. 1-1-16

Restoration of License -- 625 ILCS 5/6-208
A person convicted of a second or subsequent violation of driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination, or where the use of alcohol or other drugs is recited as an element of an offense, may not make application for a driver's license until he or she has first been issued a restricted driving permit by the Secretary, and the expiration of a continuous period of not less than 5 years following the issuance of the restricted driving permit without suspension, cancellation, or revocation of the permit, or violation of a regulation requiring use of an ignition interlock device -- HB1446; sent to Gov. 6-19-15

Sentencing Policy Advisory Council (SPAC) -- 730 ILCS 5/5-8-8
Life of the SPAC is extended from December Dec. 31, 2015 to Dec. 31, 2020 – P.A. 99-0101, eff. 7-22-15

Criminal Procedure

Statute of Limitations for Armed Robbery, Home Invasion and Aggravated Kidnapping – 720 ILCS 5/3-6
Extends statute of limitations to 10 years for armed robbery, home invasion, and aggravated kidnapping when the defendant is charged with criminal sexual assault, aggravated criminal sexual assault, aggravated sexual abuse – P.A. 99-0234, eff. 8-3-15

Statute of Limitations for Sexual Offenses -- 720 ILCS 5/3-7
Statute of limitations is tolled from the time the sexual assault evidence is collected and submitted to the Department of State Police until the completion of the analysis of the evidence collected in the sexual assault kit. Analysis means the conducting of laboratory tests and the comparison of the collected evidence with the genetic marker grouping analysis information maintained by the Department of State Police and with the information contained in the Federal Bureau of Investigation's National DNA (CODIS) – P.A. 99-0252, eff. 1-1-16

Advisement of Arrested Foreign Nationals

Law enforcement -- 725 ILCS 5/103-1
Intent is to bring Illinois into compliance with the Vienna Convention on Consular Relations; requires foreign nationals who are arrested or detained be advised of the right to communicate with an official from their country's consulate consular officials within 48 hours. If the right is exercised, law enforcement must notify appropriate official at consulate and must allow foreign national to communicate with and be visited by a consulate official. No affirmative duty to investigate whether person is a foreign national.

Court – 725 ILCS 5/109-1
At any initial appearance, court must advise defendant in open court that any foreign national has the right to have country's consulate notified and the right to communicate with consulate official; court must make written record of advisement and grant reasonable continuance if right exercised; speedy trial period tolled for period of continuance; Exception to court advisement – consulate has already been notified – P.A. 99-0190, eff. 1-1-16

Evidence –Hearsay Exceptions -- 725 ILCS 5/115-10.6; 115-10.7
Repeals evidentiary provisions providing a hearsay exception for intentional murder of a witness and admissibility of prior statements of an unavailable witness whose absence was wrongfully procured – P.A. 99-0243, eff. 8-3-15

Testimony by Victim of Sexual Assault or Abuse Who is a Child, Intellectually Disabled, or Affected by a Developmental Disability; Use of Facility Dog -- 725 ILCS 5/106B-10
Court can set just and appropriate conditions on the testimony of victims of sexual abuse, aggravated sexual abuse, sexual assault, aggravated sexual assault involving a victim who is a child or moderately, severely or profoundly intellectually disabled person or a person affected by a developmental disability.

When deciding whether to allow person to testify with the assistance of a facility dog, court considers: age of child or person, rights of the parties, other relevant factors that would facilitate testimony; "facility dog" means dog that graduated from organization that is a member of Assistance Dogs International – P.A. 99-0094, eff. 1-1-16

Motion for Relief from Judgment – 735 ILCS 5/2-1401
The Code of Civil Procedure is amended to allow convicted offenders who are victims of domestic violence and who did not assert victimization when sentenced for a forcible felony can seek reduction of sentence by filing a motion for relief from judgment; although this remedy is in the Code of Civil Procedure, legislative intent makes it clear that it is a "sentencing" under the Rights of Crime Victims and Witnesses Act and that the rights to notice and the right to make a statement apply – SB0209; sent to Gov. 6-23-15

County and Municipal Ordinances
Prohibits counties and municipalities from enacting and enforcing an ordinance or regulation that penalizes tenants or landlords based on 911 calls to the leased property, or incidences of domestic or sexual violence on the premises – P.A. 99-0441, eff. 11/19/15

The Secretary of State Court of Claims acknowledges and thanks the Violent Crimes Advisory Commission Office of the Attorney General Lisa Madigan Crime Victims Services Division, which has prepared this summary of the law passed by the 99th General Assembly. (January 2015)