CASE REVIEW-HOMICIDE VICTIMS

Illinois General Assembly - Full Text of HB3632

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HB3632 - 104th General Assembly

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HB3632 Engrossed
LRB104 08473 RLC 18525 b
1

AN ACT concerning homicide victims.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Homicide Victims' Families' Rights Act.

6

Section 5.
Definitions.
In this Act:
7

"Agency" means a law enforcement entity of a unit of local
8
government that is vested by law or ordinance with the duty to
9
maintain public order and to enforce criminal laws or
10
ordinances.
11

"Applicable agency" means a law enforcement agency that is
12
investigating or has investigated the murder of the victim.
13

"Open unresolved murder" means any criminal activity in
14
which death occurred more than 3 years prior to the date of the
15
application under subsection (a) of Section 10, for which all
16
probative investigative leads have been exhausted, and for
17
which no likely perpetrator has been identified.
18

"Designated person" means (i) an immediate family member
19
or (ii) a similarly situated person as the Attorney General
20
shall by rule define.
21

"Immediate family member" means a parent, parent-in-law,
22
grandparent, grandparent-in-law, sibling, spouse, child,
23
stepchild, foster parent, or guardian of a murder victim.

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

"Victim" means the victim of a murder.

2

Section 10.
Case file review.
3

(a) An applicable agency shall review the case file
4
regarding an open unresolved murder upon written application
5
by a designated person to determine if a full reinvestigation
6
would result in probative investigative leads.
7

(b) The case file review shall include, but is not limited
8
to:
9

(1) an analysis of what investigative steps or
10

follow-up steps may have been missed in the initial
11

investigation;
12

(2) an assessment of whether witnesses should be
13

interviewed or re-interviewed;
14

(3) an examination of physical evidence to see if all
15

appropriate forensic testing and analysis was performed in
16

the first instance or if additional testing might produce
17

information relevant to the investigation; and
18

(4) a modernization of the file to bring it up to
19

current investigative standards to the extent it would
20

help develop probative leads.
21

(c) The person or persons performing the review required
22
by subsection (a) shall not have previously investigated the
23
murder. This subsection (c) does not apply to law enforcement
24
agencies located in municipalities that have fewer than 35,000
25
inhabitants.

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

(d) The applicable agency shall confirm in writing receipt
2
of a request made under subsection (a).
3

(e) Only one case review shall be undertaken at any one
4
time with respect to the same open unresolved murder victim.
5

(f) No later than 6 months after the receipt of the written
6
application submitted pursuant to subsection (a), the
7
applicable agency shall conclude its case file review and
8
reach a conclusion whether a full reinvestigation under
9
Section 25 is warranted.
10

(g) The applicable agency may extend the limit in
11
subsection (f) for periods not to exceed 6 months if the agency
12
makes a finding that the number of case files to be reviewed
13
make it impracticable to comply with said limit without
14
unreasonably taking resources from other law enforcement
15
activities.
16

For cases for which the time limit in subsection (f) is
17
extended, the applicable agency shall provide notice and an
18
explanation of its reasoning to the designated person who
19
filed the written application under this Section.

20

Section 15.
Application.
Each agency shall develop a
21
written application to be used for designated persons to
22
request a case file review under Section 10.

23

Section 20.
Notice.
Each agency shall provide notice of
24
the rights under this Act to designated persons as soon as is

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1
practicable after being made aware of a murder.

2

Section 25.
Full reinvestigation.
3

(a) The applicable agency shall conduct a full
4
reinvestigation of the open unresolved murder if the review of
5
the case file required by Section 10 concludes that a full
6
reinvestigation of the open unresolved murder would result in
7
probative investigative leads.
8

(b) A full reinvestigation shall include analyzing all
9
evidence regarding the open unresolved murder at issue for the
10
purpose of developing probative investigative leads as to the
11
perpetrator.
12

(c) The person or persons performing the full
13
reinvestigation required by subsection (a) shall not have
14
previously investigated the murder, except for the case file
15
review pursuant to Section 10, unless there is at least one
16
other person performing the full reinvestigation who has not
17
previously investigated the murder.
18

(d) Only one full reinvestigation shall be undertaken at
19
any one time with respect to the same open unresolved murder
20
victim.

21

Section 30.
Consultation and updates.

22

(a) The applicable agency shall consult with the
23
designated person who filed the written application under
24
Section 10 and provide him or her with periodic updates during

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1
the case file review and full reinvestigation.
2

(b) The applicable agency shall meet with the designated
3
person and discuss the evidence to explain to the designated
4
person who filed the written application under Section 10 its
5
decision whether to engage in the full reinvestigation
6
provided for under Section 25 at the conclusion of the case
7
file review.

8

Section 35.
Subsequent reviews.
9

(a) If a case file review is completed and a conclusion is
10
reached not to conduct a full reinvestigation, no additional
11
case file review shall be undertaken for a period of 5 years,
12
unless there is newly discovered, materially significant
13
evidence.
14

(b) If a full reinvestigation is done and a suspect is not
15
identified at its conclusion, no additional case file review
16
or full reinvestigation shall be undertaken for a period of 5
17
years, unless there is newly discovered, materially
18
significant new evidence.

19

Section 36.
Family liaison officers.
20

(a) Each agency shall employ or designate a minimum number
21
of family liaison officers proportionate to the average number
22
of homicides in the agency's jurisdiction within the previous
23
5 years of the date of employment with the maximum ratio of 40
24
homicides per each family liaison officer employed or

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1
designated. Each agency may establish a lower ratio for hiring
2
or designating family liaison officers.
3

(b) The primary purpose of a family liaison officer is
4
that of an investigator. A family liaison officer's role is to
5
gather evidence and information from the family to contribute
6
to the investigation and preserve its integrity. The family
7
liaison officer shall also provide support and information, in
8
a sensitive and compassionate manner, securing confidence and
9
trust of families of victims of crime (primarily homicide),
10
road fatality, mass disaster, or other critical incident,
11
ensuring family members are given timely information in
12
accordance with the needs of the investigation.
13

(c) The family liaison officer shall:
14

(1) establish and maintain a supportive and ethical
15

relationship with the family, building trust, in line with
16

local and national guidance to gathering information and
17

evidence;
18

(2) act as a single point of contact between families
19

and investigation teams when a homicide occurs to enable
20

information to be shared which may assist in the
21

investigation;
22

(3) collect best evidence to enable identification of
23

a reported missing person (high risk of criminality or
24

vulnerability) or identify the deceased, and consider
25

potential future viewing requirements and postmortem with
26

the family to further the investigation;

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

(4) provide information regarding additional services
2

available for families, including providing information
3

about open unresolved murders to support agencies, and
4

explain criminal justice and coroner's procedures, so that
5

they can access all available services and support;
6

(5) contact the family at least once every 30 days for
7

the first 6 months the case is open then once per quarter
8

until the case becomes inactive. The family liaison
9

officer shall work closely with the lead investigator to
10

obtain substantive updates on the case prior to contacting
11

the family. The lead investigator has discretion over any
12

information shared with the family and shall communicate
13

with the family liaison accordingly. If the family liaison
14

officer is contacted by the family regarding an open case
15

at any time, the family liaison officer shall return the
16

call within 5 business days with all relevant information
17

regarding a police investigation, in line with the
18

strategy of the chief investigating officer or lead
19

investigator so that they are informed of progress;
20

(6) obtain victimology and family personal statements
21

and any other material to enable the gathering of evidence
22

and to support the investigative process;
23

(7) document any requests or complaints, or both, made
24

by the family, to be forwarded for the consideration of
25

the chief investigating officer or lead investigator;
26

(8) record all contact with the family to ensure

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

compliance with this Act, the Criminal Identification Act,
2

the Illinois Criminal Justice Information Act, the Missing
3

Children Records Act, the Juvenile Court Act of 1987, the
4

Code of Criminal Procedure of 1963, the Rights of Crime
5

Victims and Witnesses Act, and the Police and Community
6

Relations Improvement Act to maintain the integrity of the
7

investigation;
8

(9) be the liaison between families and the coroner or
9

medical examiner and chief investigating officer or lead
10

investigator in relation to the Illinois Anatomical Gift
11

Act; and
12

(10) track the case files required in Section 10, the
13

date of review of the case file, confirm the receipt of the
14

request of the case file, provide notice to the family if
15

an extension of review has been made, and consult with the
16

family on the investigation of the case.
17

(d) A family liaison officer may not be assigned to work
18
patrol or attached to other special units while designated as
19
a family liaison officer.
20

(e) The training of all family liaison officers shall
21
include instruction on victim-centered, trauma-informed
22
investigation as established by the Illinois Law Enforcement
23
Training Standards Board.
24

(f) Except in emergencies or other exigent circumstances,
25
a family liaison officer shall exclusively investigate
26
homicide cases.

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

Section 40.
Data collection; annual report.

2

(a) Beginning 3 years after the effective date of this
3
Act, the Illinois Criminal Justice Information Authority
4
annually shall publish statistics regarding the number of open
5
unresolved murders. The statistics published under this
6
subsection at a minimum shall be broken down by the degree of
7
murder, the type of weapon used in the murder, the location of
8
the murder and by agency, in addition to the criteria set forth
9
in subsection (b).
10

(b) Each applicable agency annually shall submit data to
11
the Illinois Criminal Justice Information Authority regarding
12
the open unresolved murders within its jurisdiction,
13
including, but not limited to, the number of requests received
14
under subsection (a) of Section 10, the number of extensions
15
granted and an explanation of reasons provided under
16
subsection (g) of Section 10, the number of full
17
reinvestigations initiated and closed under Section 25, and
18
the number of suspects identified, arrested, charged, and
19
convicted for each open unresolved murder investigated by the
20
applicable agency under this Act during the year reported. The
21
data shall also include what cases are being solved and which
22
cases are not being solved, identifying the age, race, and
23
ethnicity of the victim whose case is being solved and not
24
being solved and the cases that are being solved by
25
exceptional means.

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

(c) The Illinois Criminal Justice Information Authority
2
shall submit an annual report to the General Assembly and the
3
Governor compiling the information received by the Authority
4
under subsection (b).

5

Section 45.
Procedures to promote compliance.

6

(a) Not later than one year after the effective date of
7
this Act, the head of each agency shall adopt rules to enforce
8
the rights of designated persons and to ensure compliance by
9
responsible officials with the obligations described in this
10
Act.
11

(b) The rules adopted under subsection (a) shall:
12

(1) designate an administrative authority within the
13

agency to receive and investigate complaints relating to
14

the provision or violation of the rights of designated
15

persons;
16

(2) require a course of training for employees of the
17

agency regarding the rights provided under this Act;
18

(3) contain disciplinary sanctions, including
19

suspension or termination from employment, for employees
20

of the agency who willfully or wantonly fail to comply
21

with this Act;
22

(4) establish a process for investigations into the
23

conduct of persons no longer employed by a law enforcement
24

agency when a complaint is filed and a process for
25

referrals for prosecution to the appropriate State's

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

Attorney; and
2

(5) provide that the head of the agency, or the head of
3

the agency's designee, shall be the final arbiter of the
4

complaint, and that there shall be no judicial review of
5

the final decision of the head of the agency by a
6

complainant.

7

Section 50.
Withholding information.
Nothing in this Act
8
shall require an agency to provide information that would
9
endanger the safety of any person, unreasonably impede an
10
ongoing investigation, violate a court order, or violate legal
11
obligations regarding privacy.

12

Section 55.
Multiple agencies.
13

(a) If there is more than one possible applicable agency,
14
each applicable agency shall coordinate its case file review
15
or full reinvestigation such that there is only one joint case
16
file review or full reinvestigation occurring at a time in
17
compliance with subsection (e) of Section 10 or subsection (d)
18
of Section 25, as applicable.
19

(b) If an immediate family member believes there was bias
20
demonstrated in the handling of the initial case, any case
21
file review, or any full reinvestigation by any of the
22
possible applicable agencies, the family member may
23
communicate that concern to the Attorney General. The Attorney
24
General shall review the allegations made by the immediate

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1
family member to determine whether, in the interest of
2
justice, another law enforcement agency should conduct the
3
case file review or the full reinvestigation, as applicable.

4

Section 60.
Applicability.
This Act applies to murders
5
occurring on or after January 1, 1970, and only to law
6
enforcement agencies located wholly within the boundaries of
7
counties with a population of 3,000,000 or more.

8

Section 100.
The Illinois Criminal Justice Information Act
9
is amended by changing Section 7 as follows:

10

(20 ILCS 3930/7)

(from Ch. 38, par. 210-7)
11

Sec. 7.
Powers and duties.
The Authority shall have the
12
following powers, duties, and responsibilities:
13

(a) To develop and operate comprehensive information
14

systems for the improvement and coordination of all
15

aspects of law enforcement, prosecution, and corrections;
16

(b) To define, develop, evaluate, and correlate State
17

and local programs and projects associated with the
18

improvement of law enforcement and the administration of
19

criminal justice;
20

(c) To act as a central repository and clearing house
21

for federal, state, and local research studies, plans,
22

projects, proposals, and other information relating to all
23

aspects of criminal justice system improvement and to

HB3632 Engrossed
- 13 -
LRB104 08473 RLC 18525 b
1

encourage educational programs for citizen support of
2

State and local efforts to make such improvements;
3

(d) To undertake research studies to aid in
4

accomplishing its purposes;
5

(e) To monitor the operation of existing criminal
6

justice information systems in order to protect the
7

constitutional rights and privacy of individuals about
8

whom criminal history record information has been
9

collected;
10

(f) To provide an effective administrative forum for
11

the protection of the rights of individuals concerning
12

criminal history record information;
13

(g) To issue regulations, guidelines, and procedures
14

which ensure the privacy and security of criminal history
15

record information consistent with State and federal laws;
16

(h) To act as the sole administrative appeal body in
17

the State of Illinois to conduct hearings and make final
18

determinations concerning individual challenges to the
19

completeness and accuracy of criminal history record
20

information;
21

(i) To act as the sole, official, criminal justice
22

body in the State of Illinois to conduct annual and
23

periodic audits of the procedures, policies, and practices
24

of the State central repositories for criminal history
25

record information to verify compliance with federal and
26

state laws and regulations governing such information;

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

(j) To advise the Authority's Statistical Analysis
2

Center;
3

(k) To apply for, receive, establish priorities for,
4

allocate, disburse, and spend grants of funds that are
5

made available by and received on or after January 1, 1983
6

from private sources or from the United States pursuant to
7

the federal Crime Control Act of 1973, as amended, and
8

similar federal legislation, and to enter into agreements
9

with the United States government to further the purposes
10

of this Act, or as may be required as a condition of
11

obtaining federal funds;
12

(l) To receive, expend, and account for such funds of
13

the State of Illinois as may be made available to further
14

the purposes of this Act;
15

(m) To enter into contracts and to cooperate with
16

units of general local government or combinations of such
17

units, State agencies, and criminal justice system
18

agencies of other states for the purpose of carrying out
19

the duties of the Authority imposed by this Act or by the
20

federal Crime Control Act of 1973, as amended;
21

(n) To enter into contracts and cooperate with units
22

of general local government outside of Illinois, other
23

states' agencies, and private organizations outside of
24

Illinois to provide computer software or design that has
25

been developed for the Illinois criminal justice system,
26

or to participate in the cooperative development or design

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

of new software or systems to be used by the Illinois
2

criminal justice system;
3

(o) To establish general policies concerning criminal
4

justice information systems and to promulgate such rules,
5

regulations, and procedures as are necessary to the
6

operation of the Authority and to the uniform
7

consideration of appeals and audits;
8

(p) To advise and to make recommendations to the
9

Governor and the General Assembly on policies relating to
10

criminal justice information systems;
11

(q) To direct all other agencies under the
12

jurisdiction of the Governor to provide whatever
13

assistance and information the Authority may lawfully
14

require to carry out its functions;
15

(r) To exercise any other powers that are reasonable
16

and necessary to fulfill the responsibilities of the
17

Authority under this Act and to comply with the
18

requirements of applicable State or federal law or
19

regulation;
20

(s) To exercise the rights, powers, and duties which
21

have been vested in the Authority by the Illinois Uniform
22

Conviction Information Act;
23

(t) (Blank);
24

(u) To exercise the rights, powers, and duties vested
25

in the Authority by the Illinois Public Safety Agency
26

Network Act;

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

(v) To provide technical assistance in the form of
2

training to local governmental entities within Illinois
3

requesting such assistance for the purposes of procuring
4

grants for gang intervention and gang prevention programs
5

or other criminal justice programs from the United States
6

Department of Justice;
7

(w) To conduct strategic planning and provide
8

technical assistance to implement comprehensive trauma
9

recovery services for violent crime victims in underserved
10

communities with high levels of violent crime, with the
11

goal of providing a safe, community-based, culturally
12

competent environment in which to access services
13

necessary to facilitate recovery from the effects of
14

chronic and repeat exposure to trauma. Services may
15

include, but are not limited to, behavioral health
16

treatment, financial recovery, family support and
17

relocation assistance, and support in navigating the legal
18

system;
and

19

(x) To coordinate statewide violence prevention
20

efforts and assist in the implementation of trauma
21

recovery centers and analyze trauma recovery services. The
22

Authority shall develop, publish, and facilitate the
23

implementation of a 4-year statewide violence prevention
24

plan, which shall incorporate public health, public
25

safety, victim services, and trauma recovery centers and
26

services
; and

.

HB3632 Engrossed
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LRB104 08473 RLC 18525 b
1

(y) To compile and publish information regarding open
2

unresolved murders as provided in Section 40 of the
3

Homicide Victims' Families' Rights Act.

4

The requirement for reporting to the General Assembly
5
shall be satisfied by filing copies of the report as required
6
by Section 3.1 of the General Assembly Organization Act, and
7
filing such additional copies with the State Government Report
8
Distribution Center for the General Assembly as is required
9
under paragraph (t) of Section 7 of the State Library Act.
10
(Source: P.A. 103-798, eff. 1-1-25
.)

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