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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5052

Introduced 2/10/2026, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

See Index

Amends the Sexual Assault Survivors Emergency Treatment Act. Provides
that beginning January 1, 2028, a treatment hospital, treatment hospital
with approved pediatric transfer, or approved pediatric health care
facility may submit a sexual assault treatment plan which includes the use
of a TeleSANE interactive telecommunications system which allows a
qualified medical provider to precept a medical forensic examination while
located at a distant site. Amends the Juvenile Court Act of 1987. Provides
that in inspection and copying of law enforcement records maintained by
law enforcement agencies that relate to a minor who has been investigated,
arrested, or taken into custody before the minor's 18th birthday by
victims and their attorneys, the information identifying the nonrequesting
victims shall be redacted in cases of multiple minor victims or multiple
victims of sex offenses. Amends the Rights of Crime Victims and Witnesses
Act. Provides that a victim shall not be excluded from any part of the
trial unless a written motion to exclude a victim from trial was filed at
least 60 days prior to the date set for trial. Makes other structural and
technical changes in the Act. Makes other changes. Amends the Address
Confidentiality for Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act. Defines "eligible person" as a person 18
years of age or older who is the victim of domestic violence, sexual
assault, human trafficking, or stalking; the parent or guardian of a minor
or disabled adult who is a victim of domestic violence, sexual assault,
human trafficking, or stalking; and a household member of a victim of
domestic violence, sexual assault, human trafficking, or stalking. Allows
household members who are not victims to participate in the program.
Provides that a participant whose certification has not been withdrawn or
cancelled may reapply to the Address Confidentiality Program to renew
certification for an additional 4 years. Changes notice process for
certification cancellation. Allows the Attorney General discretion to
continue the participation of participants who have a change of legal name
and specifies notice in that process. Makes other changes.
LRB104 19576 RLC 33024 b

A BILL FOR

HB5052
LRB104 19576 RLC 33024 b
1

AN ACT concerning criminal law.

2

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

4

Section 5.
The Sexual Assault Survivors Emergency
5
Treatment Act is amended by changing Sections 1a and 5 and by
6
adding Section 2-2 as follows:

7

(410 ILCS 70/1a)

(from Ch. 111 1/2, par. 87-1a)
8

Sec. 1a.
Definitions.
9

(a) In this Act:
10

"Acute sexual assault" means a sexual assault that has
11
recently occurred. For patients under the age of 13, "acute
12
sexual assault" means a sexual assault that has occurred
13
within the past 72 hours. For patients 13 years old or older,
14
"acute sexual assault" means a sexual assault that has
15
occurred within the past 168 hours.
16

"Advanced practice registered nurse" has the meaning
17
provided in Section 50-10 of the Nurse Practice Act.
18

"Ambulance provider" means an individual or entity that
19
owns and operates a business or service using ambulances or
20
emergency medical services vehicles to transport emergency
21
patients.
22

"Approved pediatric health care facility" means a health
23
care facility, other than a hospital, with a sexual assault

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1
treatment plan approved by the Department to provide medical
2
forensic examinations to sexual assault survivors under the
3
age of 18 who present with a complaint of acute sexual assault.
4

"Areawide sexual assault treatment plan" means a plan,
5
developed by hospitals or by hospitals and approved pediatric
6
health care facilities in a community or area to be served,
7
which provides for medical forensic examinations to acute
8
sexual assault survivors that shall be made available by each
9
of the participating hospitals and approved pediatric health
10
care facilities.
11

"Assent" means the expressed willingness to participate in
12
an activity or give permission.
13

"Board-certified child abuse pediatrician" means a
14
physician certified by the American Board of Pediatrics in
15
child abuse pediatrics.
16

"Board-eligible child abuse pediatrician" means a
17
physician who has completed the requirements set forth by the
18
American Board of Pediatrics to take the examination for
19
certification in child abuse pediatrics.
20

"Department" means the Department of Public Health.
21

"Distant site" means the location, designated by the
22
treatment hospital or approved pediatric health care facility,
23
from which the qualified medical provider uses a TeleSANE
24
interactive telecommunications system to precept a medical
25
forensic examination.

26

"Emergency contraception" means medication as approved by

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1
the federal Food and Drug Administration (FDA) that can
2
significantly reduce the risk of pregnancy if taken within 72
3
hours after sexual assault.
4

"Follow-up healthcare" means healthcare services related
5
to a sexual assault, including laboratory services and
6
pharmacy services, rendered within 180 days of the initial
7
visit as a result of the sexual assault.
8

"Health care professional" means a physician, a physician
9
assistant, a sexual assault forensic examiner, an advanced
10
practice registered nurse, a registered professional nurse, a
11
licensed practical nurse, or a sexual assault nurse examiner.
12

"Hospital" means a hospital licensed under the Hospital
13
Licensing Act or operated under the University of Illinois
14
Hospital Act, any outpatient center included in the hospital's
15
sexual assault treatment plan where hospital employees provide
16
medical forensic examinations, and an out-of-state hospital
17
that has consented to the jurisdiction of the Department under
18
Section 2.06.
19

"Illinois State Police Sexual Assault Evidence Collection
20
Kit" means a prepackaged set of materials and forms to be used
21
for the collection of evidence relating to sexual assault. The
22
standardized evidence collection kit for the State of Illinois
23
shall be the Illinois State Police Sexual Assault Evidence
24
Collection Kit.
25

"Law enforcement agency having jurisdiction" means the law
26
enforcement agency in the jurisdiction where an alleged sexual

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1
assault or sexual abuse occurred.
2

"Licensed practical nurse" has the meaning provided in
3
Section 50-10 of the Nurse Practice Act.
4

"Medical forensic examination" means health care delivered
5
to patients
in the care of a qualified medical provider
6
working
at a treatment hospital, treatment hospital with
7
approved pediatric transfer, or an approved pediatric health
8
care facility
that is either performed by a qualified medical
9
provider or precepted by a qualified medical provider and may
10
include the use of a TeleSANE interactive telecommunications
11
system
. "Medical forensic examination" includes, but is not
12
limited to, taking a medical history, performing photo
13
documentation, performing a physical and anogenital
14
examination, assessing the patient for evidence collection,
15
collecting evidence in accordance with a statewide sexual
16
assault evidence collection program administered by the
17
Illinois State Police using the Illinois State Police Sexual
18
Assault Evidence Collection Kit, if appropriate, assessing the
19
patient for drug-facilitated or alcohol-facilitated sexual
20
assault, providing an evaluation of and care for sexually
21
transmitted infection and human immunodeficiency virus (HIV),
22
pregnancy risk evaluation and care, and discharge and
23
follow-up healthcare planning.
24

"Originating site" means the treatment hospital or
25
approved pediatric health care facility at which the patient
26
is located at the time a medical forensic examination is

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1
performed using a TeleSANE interactive telecommunications
2
system.

3

"Pediatric health care facility" means a clinic or
4
physician's office that provides medical services to patients
5
under the age of 18.
6

"Pediatric sexual assault survivor" means a person under
7
the age of 13 who presents for a medical forensic examination
8
in relation to injuries or trauma resulting from a sexual
9
assault.
10

"Photo documentation" means digital photographs or
11
colposcope videos stored and backed up securely in the
12
original file format.
13

"Physician" means a person licensed to practice medicine
14
in all its branches.
15

"Physician assistant" has the meaning provided in Section
16
4 of the Physician Assistant Practice Act of 1987.
17

"Precept" means to provide direct, one-on-one supervision,
18
training, and mentorship to a student or trainee in a
19
real-world clinical setting as an experienced healthcare
20
professional as part of a method of clinical education.
21

"Qualified medical provider" means a board-certified child
22
abuse pediatrician, board-eligible child abuse pediatrician, a
23
sexual assault forensic examiner, or a sexual assault nurse
24
examiner who has access to photo documentation tools, and who
25
participates in peer review.
26

"Registered Professional Nurse" has the meaning provided

HB5052
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LRB104 19576 RLC 33024 b
1
in Section 50-10 of the Nurse Practice Act.
2

"Sexual assault" means:
3

(1) an act of sexual conduct; as used in this
4

paragraph, "sexual conduct" has the meaning provided under
5

Section 11-0.1 of the Criminal Code of 2012; or
6

(2) any act of sexual penetration; as used in this
7

paragraph, "sexual penetration" has the meaning provided
8

under Section 11-0.1 of the Criminal Code of 2012 and
9

includes, without limitation, acts prohibited under
10

Sections 11-1.20 through 11-1.60 of the Criminal Code of
11

2012.
12

"Sexual assault forensic examiner" means a physician or
13
physician assistant who has completed training that meets or
14
is substantially similar to the Sexual Assault Nurse Examiner
15
Education Guidelines established by the International
16
Association of Forensic Nurses.
17

"Sexual assault nurse examiner" means an advanced practice
18
registered nurse or registered professional nurse who is
19
designated as Adult/Adolescent, Pediatric/Adolescent, or both,
20
according to the population of survivors the nurse is
21
qualified to treat and:
22

(1) is certified as a Sexual Assault Nurse Examiner by
23

the International Association of Forensic Nurses; or
24

(2) has completed training that meets the Sexual
25

Assault Nurse Examiner Education Guidelines established by
26

the International Association of Forensic Nurses and is

HB5052
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LRB104 19576 RLC 33024 b
1

approved by the Sexual Assault Nurse Examiner Program
2

Coordinator.
3

"Sexual Assault Nurse Examiner Program Coordinator" means
4
an advanced practice registered nurse or a registered
5
professional nurse that is a qualified medical provider, and
6
who is the employee at Attorney General's Office who oversees
7
the Sexual Assault Nurse Examiner Program.
8

"Sexual assault services voucher" means a document
9
generated by a hospital or approved pediatric health care
10
facility where the sexual assault survivor first presents and
11
that may be used to seek payment for any ambulance services, a
12
medical forensic examination, medical care and treatment as
13
defined by 77 Ill. Adm. Code Part 545, laboratory services,
14
pharmacy services, and follow-up healthcare provided as a
15
result of the sexual assault.
16

"Sexual assault survivor" means a person who presents for
17
a medical forensic examination or medical care and treatment
18
in relation to injuries or trauma resulting from a sexual
19
assault.
20

"Sexual assault transfer plan" means a written plan
21
developed by a hospital and approved by the Department, which
22
describes the hospital's procedures for transferring acute
23
sexual assault survivors to another hospital, and an approved
24
pediatric health care facility, if applicable, in order to
25
receive medical forensic examinations performed by qualified
26
medical providers.

HB5052
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LRB104 19576 RLC 33024 b
1

"Sexual assault treatment plan" means a written plan that
2
describes the procedures and protocols for providing medical
3
forensic examinations to acute sexual assault survivors who
4
present themselves for such services performed by qualified
5
medical providers, either directly or through transfer from a
6
hospital or an approved pediatric health care facility.
7

"TeleSANE interactive telecommunications system" means
8
multimedia communications equipment that includes, at a
9
minimum, audio and video equipment permitting two-way, real
10
time interactive communication between a health care
11
professional performing a medical forensic examination at an
12
originating site and a qualified medical provider precepting
13
the exam from a distant site.

14

"Transfer hospital" means a hospital with a sexual assault
15
transfer plan approved by the Department.
16

"Transfer services" means the appropriate medical
17
screening examination and necessary stabilizing treatment
18
prior to the transfer of a sexual assault survivor to another
19
hospital or an approved pediatric health care facility
20
pursuant to a sexual assault treatment plan or areawide sexual
21
assault treatment plan.
22

"Treatment hospital" means a hospital with a sexual
23
assault treatment plan approved by the Department to provide
24
medical forensic examinations to acute sexual assault
25
survivors.
26

"Treatment hospital with approved pediatric transfer"

HB5052
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LRB104 19576 RLC 33024 b
1
means a hospital with a treatment plan approved by the
2
Department to provide medical forensic examinations to sexual
3
assault survivors 13 years old or older who present with a
4
complaint of acute sexual assault.
5

(b) This Section is effective on and after January 1,
6
2024.
7
(Source: P.A. 103-154, eff. 6-30-23; 104-386, eff. 1-1-26
.)

8

(410 ILCS 70/2-2 new)
9

Sec. 2-2.
Use of TeleSANE.
Beginning January 1, 2028, a
10
treatment hospital, treatment hospital with approved pediatric
11
transfer, or approved pediatric health care facility may
12
submit a sexual assault treatment plan which includes the use
13
of a TeleSANE interactive telecommunications system which
14
allows a qualified medical provider to precept a medical
15
forensic examination while located at a distant site.
16

If a sexual assault treatment plan includes the use of a
17
TeleSANE interactive telecommunication system, then the sexual
18
assault treatment plan submitted to the Department shall
19
include, at minimum, the following additional information:
20

(1) The sexual assault treatment plan shall include a
21

staffing plan to provide medical forensic examinations to
22

either (i) all acute sexual assault survivors or (ii)
23

acute sexual assault survivors 13 years old or older while
24

transferring pediatric acute sexual assault survivors.
25

Approved pediatric health care facilities shall submit a

HB5052
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LRB104 19576 RLC 33024 b
1

staffing plan to provide medical forensic examinations to
2

acute sexual assault survivors under the age of 18.
3

(2) The sexual assault treatment plan shall include
4

protocols for training health care professionals at both
5

the originating and distant sites, which shall conform
6

with the following requirements. Health care professionals
7

at the originating site must complete didactic training
8

that meets or is substantially similar to the Sexual
9

Assault Nurse Examiner Education Guidelines, established
10

by the International Association of Forensic Nurses, prior
11

to performing medical forensic examinations using a
12

TeleSANE interactive telecommunications system. Training
13

for both originating and distant site health care
14

professionals shall include at least one mock medical
15

forensic examination using the TeleSANE interactive
16

telecommunications system described in the plan.
17

(3) The sexual assault treatment plan shall include a
18

description of the TeleSANE interactive telecommunications
19

system, a plan for regular technology checks, and
20

protocols in the event of a failure of the TeleSANE
21

interactive telecommunications system.
22

(4) The sexual assault treatment plan shall include a
23

description of the distant site location from which the
24

qualified medical provider or providers shall precept
25

medical forensic examinations using a TeleSANE interactive
26

telecommunications system. Hospitals shall designate a

HB5052
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LRB104 19576 RLC 33024 b
1

distant site location that is compatible with the TeleSANE
2

interactive telecommunications system and protects the
3

privacy of the patient.
4

(5) The sexual assault treatment plan shall include
5

protocols and policies to maintain a secure network to
6

host the TeleSANE interactive telecommunications system,
7

protect patient privacy and ensure that medical forensic
8

examinations are not recorded.
9

(6) The sexual assault treatment plan shall include a
10

plan to educate the community, including local law
11

enforcement and rape crisis advocates, about medical
12

forensic examinations that use TeleSANE interactive
13

telecommunications.
14

If a hospital submits all required information and the
15
Department finds that the proposed sexual assault treatment
16
plan meets the minimum requirements set forth in Section 5 of
17
this Act and that implementation of the proposed plan would
18
provide medical forensic examinations for acute sexual assault
19
survivors, then the Department shall approve the plan.

20

(410 ILCS 70/5)

(from Ch. 111 1/2, par. 87-5)
21

Sec. 5.
Minimum requirements for medical forensic
22
examinations provided to sexual assault survivors by hospitals
23
and approved pediatric health care facilities.
24

(a) Every hospital and approved pediatric health care
25
facility providing medical forensic examinations to acute

HB5052
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LRB104 19576 RLC 33024 b
1
sexual assault survivors under this Act shall, as minimum
2
requirements for such services, provide the services set forth
3
in subsection (a-5).
4

A qualified medical provider must provide the services set
5
forth in subsection (a-5)
either in person or via a TeleSANE
6
interactive telecommunications system,
as ordered by the
7
attending physician, an advanced practice registered nurse, or
8
a physician assistant.
9

(a-5) A treatment hospital, a treatment hospital with
10
approved pediatric transfer, or an approved pediatric health
11
care facility shall provide the following services in
12
accordance with subsections (a) and (b):
13

(1) Appropriate medical forensic examinations without
14

delay, in a private, age-appropriate or
15

developmentally-appropriate space, required to ensure the
16

health, safety, and welfare of a sexual assault survivor
17

and which may be used as evidence in a criminal proceeding
18

against a person accused of the sexual assault, in a
19

proceeding under the Juvenile Court Act of 1987, or in an
20

investigation under the Abused and Neglected Child
21

Reporting Act.
22

Records of medical forensic examinations, including
23

results of examinations and tests, the Illinois State
24

Police Medical Forensic Documentation Forms, the Illinois
25

State Police Patient Discharge Materials, and the Illinois
26

State Police Patient Consent: Collect and Test Evidence or

HB5052
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1

Collect and Hold Evidence Form, shall be maintained by the
2

hospital or approved pediatric health care facility as
3

part of the patient's electronic medical record.
4

Records of medical forensic examinations of sexual
5

assault survivors under the age of 18 shall be retained by
6

the hospital for a period of 60 years after the sexual
7

assault survivor reaches the age of 18. Records of medical
8

forensic examinations of sexual assault survivors 18 years
9

of age or older shall be retained by the hospital for a
10

period of 20 years after the date the record was created.
11

Records of medical forensic examinations may only be
12

disseminated in accordance with Section 6.5 of this Act
13

and other State and federal law.
14

(1.5) An offer to complete the Illinois State Police
15

Sexual Assault Evidence Collection Kit for any acute
16

sexual assault survivor. If the offer to complete the
17

Illinois State Police Sexual Assault Evidence Collection
18

Kit is accepted by the survivor, then evidence collection
19

shall be completed based on the qualified medical
20

provider's clinical discretion, best practices for
21

evidence collection, and information provided by the
22

sexual assault survivor. A patient may decline any portion
23

of the Illinois State Police Sexual Assault Evidence Kit,
24

but if any evidence is collected, then that shall
25

constitute evidence collection being completed for the
26

purposes of this Section and subsection (e) of Section 2.

HB5052
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LRB104 19576 RLC 33024 b
1

Nothing in this Section is intended to prohibit a
2

qualified medical provider from offering, on the
3

provider's own accord or in response to a survivor
4

request, an Illinois State Police Sexual Assault Evidence
5

Collection Kit to a sexual assault survivor who presents
6

at a treatment hospital, treatment hospital with approved
7

pediatric transfer, or approved pediatric health care
8

facility with a nonacute complaint of sexual assault
9

according to the qualified medical provider's clinical
10

discretion based on best practices for indications for
11

evidence collection.
12

(A) Appropriate oral and written information
13

concerning evidence-based guidelines for the
14

appropriateness of evidence collection depending on
15

the sexual development of the sexual assault survivor,
16

the type of sexual assault, and the timing of the
17

sexual assault shall be provided to the sexual assault
18

survivor.
19

The information required under this subparagraph
20

shall be provided to the sexual assault survivor by a
21

qualified medical provider either in person or via a
22

virtual or telephone consultation.
23

The written information provided shall be the
24

information created in accordance with Section 10 of
25

this Act.
26

(B) A sexual assault nurse examiner conducting an

HB5052
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1

examination using the Illinois State Police Sexual
2

Assault Evidence Collection Kit may do so without the
3

presence or participation of a physician.
4

(2) Appropriate oral and written information
5

concerning the possibility of infection, sexually
6

transmitted infection, including an evaluation of the
7

sexual assault survivor's risk of contracting human
8

immunodeficiency virus (HIV) from sexual assault, and
9

pregnancy resulting from sexual assault.
10

(3) Appropriate oral and written information
11

concerning accepted medical procedures, laboratory tests,
12

medication, and possible contraindications of such
13

medication available for the prevention or treatment of
14

infection or disease resulting from sexual assault.
15

(3.5) After a medical evidentiary or physical
16

examination, access to a shower at no cost, unless
17

showering facilities are unavailable.
18

(4) An amount of medication, including HIV
19

prophylaxis, for treatment at the hospital or approved
20

pediatric health care facility and after discharge as is
21

deemed appropriate by the attending physician, an advanced
22

practice registered nurse, or a physician assistant in
23

accordance with the Centers for Disease Control and
24

Prevention guidelines and consistent with the hospital's
25

or approved pediatric health care facility's current
26

approved protocol for sexual assault survivors.

HB5052
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LRB104 19576 RLC 33024 b
1

(5) Photo documentation of the sexual assault
2

survivor's injuries, anatomy involved in the assault, or
3

other visible evidence on the sexual assault survivor's
4

body to supplement the medical forensic history and
5

written documentation of physical findings and evidence
6

beginning July 1, 2019. Photo documentation does not
7

replace written documentation of the injury.
8

(6) Written and oral instructions indicating the need
9

for follow-up examinations and laboratory tests after the
10

sexual assault to determine the presence or absence of
11

sexually transmitted infection.
12

(7) Referral by hospital or approved pediatric health
13

care facility personnel for appropriate counseling.
14

(8) Medical advocacy services provided by a rape
15

crisis counselor whose communications are protected under
16

Section 8-802.1 of the Code of Civil Procedure, if there
17

is a memorandum of understanding between the hospital or
18

approved pediatric health care facility and a rape crisis
19

center. With the consent of the sexual assault survivor, a
20

rape crisis counselor shall remain in the exam room during
21

the medical forensic examination.
22

(9) Written information regarding services provided by
23

a Children's Advocacy Center and rape crisis center, if
24

applicable.
25

(10) A treatment hospital, a treatment hospital with
26

approved pediatric transfer, an out-of-state hospital as

HB5052
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LRB104 19576 RLC 33024 b
1

defined in Section 5.4, or an approved pediatric health
2

care facility shall comply with the rules relating to the
3

collection and tracking of sexual assault evidence adopted
4

by the Illinois State Police under Section 50 of the
5

Sexual Assault Evidence Submission Act.
6

(11) Written information regarding the Illinois State
7

Police sexual assault evidence tracking system.
8

(a-7) Every hospital with a treatment plan approved by the
9
Department and every approved pediatric health care facility
10
shall employ or contract with a qualified medical provider to
11
initiate a medical forensic examination to a sexual assault
12
survivor within 90 minutes of a concern arising at the
13
hospital or facility of acute sexual assault. The provision of
14
a medical forensic examination by a qualified medical provider
15
shall not delay the provision of life-saving medical care.
16

(b) Before a medical forensic examination is provided,
17
consent must be obtained in accordance with this Section.
18
Evidence collection shall not be completed without first
19
obtaining consent.
20

(1) Any person able to consent who is a sexual assault
21

survivor who seeks a medical forensic examination or
22

follow-up healthcare under this Act shall be provided such
23

services without the consent of any parent, guardian,
24

custodian, surrogate, or agent.
25

(2) If a minor sexual assault survivor under the age
26

of 18 is unable to consent to a medical forensic

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1

examination, the examination may be provided with the
2

consent of the survivor's parent, guardian, or health care
3

power of attorney and with the assent of the sexual
4

assault survivor.
5

(3) If an adult sexual assault survivor is unable to
6

consent to a medical forensic examination, the examination
7

may be provided with the consent of the survivor's
8

guardian or health care power of attorney and with the
9

assent of the sexual assault survivor.
10

(b-5) Every hospital or approved pediatric health care
11
facility providing medical forensic examinations to acute
12
sexual assault survivors shall issue a voucher to any sexual
13
assault survivor who is eligible to receive one in accordance
14
with Section 5.2 of this Act. The hospital or approved
15
pediatric health care facility shall make a copy of the
16
voucher and place it in the medical record of the sexual
17
assault survivor. The hospital or approved pediatric health
18
care facility shall provide a copy of the voucher to the sexual
19
assault survivor after discharge upon request.
20

(c) Nothing in this Section creates a physician-patient
21
relationship that extends beyond discharge from the hospital
22
or approved pediatric health care facility.
23

(d) This Section is effective on and after January 1,
24
2024.
25
(Source: P.A. 104-386, eff. 1-1-26
.)

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1

Section 10.
The Juvenile Court Act of 1987 is amended by
2
changing Section 5-905 as follows:

3

(705 ILCS 405/5-905)
4

Sec. 5-905.
Law enforcement records.
5

(1) Law Enforcement Records. Inspection and copying of law
6
enforcement records maintained by law enforcement agencies
7
that relate to a minor who has been investigated, arrested, or
8
taken into custody before the minor's 18th birthday shall be
9
restricted to the following and when necessary for the
10
discharge of their official duties:
11

(a) A judge of the circuit court and members of the
12

staff of the court designated by the judge;
13

(b) Law enforcement officers, probation officers or
14

prosecutors or their staff, or, when necessary for the
15

discharge of its official duties in connection with a
16

particular investigation of the conduct of a law
17

enforcement officer, an independent agency or its staff
18

created by ordinance and charged by a unit of local
19

government with the duty of investigating the conduct of
20

law enforcement officers;
21

(c) The minor, the minor's parents or legal guardian
22

and their attorneys, but only when the juvenile has been
23

charged with an offense;
24

(d) Adult and Juvenile Prisoner Review Boards;
25

(e) Authorized military personnel;

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1

(f) Persons engaged in bona fide research, with the
2

permission of the judge of juvenile court and the chief
3

executive of the agency that prepared the particular
4

recording: provided that publication of such research
5

results in no disclosure of a minor's identity and
6

protects the confidentiality of the record;
7

(g) Individuals responsible for supervising or
8

providing temporary or permanent care and custody of
9

minors pursuant to orders of the juvenile court or
10

directives from officials of the Department of Children
11

and Family Services or the Department of Human Services
12

who certify in writing that the information will not be
13

disclosed to any other party except as provided under law
14

or order of court;
15

(h) The appropriate school official only if the agency
16

or officer believes that there is an imminent threat of
17

physical harm to students, school personnel, or others who
18

are present in the school or on school grounds.
19

(A) Inspection and copying shall be limited to
20

law enforcement records transmitted to the appropriate
21

school official or officials whom the school has
22

determined to have a legitimate educational or safety
23

interest by a local law enforcement agency under a
24

reciprocal reporting system established and maintained
25

between the school district and the local law
26

enforcement agency under Section 10-20.14 of the

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1

School Code concerning a minor enrolled in a school
2

within the school district who has been arrested or
3

taken into custody for any of the following offenses:
4

(i) any violation of Article 24 of the
5

Criminal Code of 1961 or the Criminal Code of
6

2012;
7

(ii) a violation of the Illinois Controlled
8

Substances Act;
9

(iii) a violation of the Cannabis Control Act;
10

(iv) a forcible felony as defined in Section
11

2-8 of the Criminal Code of 1961 or the Criminal
12

Code of 2012;
13

(v) a violation of the Methamphetamine Control
14

and Community Protection Act;
15

(vi) a violation of Section 1-2 of the
16

Harassing and Obscene Communications Act;
17

(vii) a violation of the Hazing Act; or
18

(viii) a violation of Section 12-1, 12-2,
19

12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
20

12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
21

Criminal Code of 1961 or the Criminal Code of
22

2012.
23

The information derived from the law enforcement
24

records shall be kept separate from and shall not
25

become a part of the official school record of that
26

child and shall not be a public record. The

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1

information shall be used solely by the appropriate
2

school official or officials whom the school has
3

determined to have a legitimate educational or safety
4

interest to aid in the proper rehabilitation of the
5

child and to protect the safety of students and
6

employees in the school. If the designated law
7

enforcement and school officials deem it to be in the
8

best interest of the minor, the student may be
9

referred to in-school or community based social
10

services if those services are available.
11

"Rehabilitation services" may include interventions by
12

school support personnel, evaluation for eligibility
13

for special education, referrals to community-based
14

agencies such as youth services, behavioral healthcare
15

service providers, drug and alcohol prevention or
16

treatment programs, and other interventions as deemed
17

appropriate for the student.
18

(B) Any information provided to appropriate school
19

officials whom the school has determined to have a
20

legitimate educational or safety interest by local law
21

enforcement officials about a minor who is the subject
22

of a current police investigation that is directly
23

related to school safety shall consist of oral
24

information only, and not written law enforcement
25

records, and shall be used solely by the appropriate
26

school official or officials to protect the safety of

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1

students and employees in the school and aid in the
2

proper rehabilitation of the child. The information
3

derived orally from the local law enforcement
4

officials shall be kept separate from and shall not
5

become a part of the official school record of the
6

child and shall not be a public record. This
7

limitation on the use of information about a minor who
8

is the subject of a current police investigation shall
9

in no way limit the use of this information by
10

prosecutors in pursuing criminal charges arising out
11

of the information disclosed during a police
12

investigation of the minor. For purposes of this
13

paragraph, "investigation" means an official
14

systematic inquiry by a law enforcement agency into
15

actual or suspected criminal activity;
16

(i) The president of a park district. Inspection and
17

copying shall be limited to law enforcement records
18

transmitted to the president of the park district by the
19

Illinois State Police under Section 8-23 of the Park
20

District Code or Section 16a-5 of the Chicago Park
21

District Act concerning a person who is seeking employment
22

with that park district and who has been adjudicated a
23

juvenile delinquent for any of the offenses listed in
24

subsection (c) of Section 8-23 of the Park District Code
25

or subsection (c) of Section 16a-5 of the Chicago Park
26

District Act.

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1

(j) Victims and their attorneys, except in cases of
2

multiple minor victims or multiple victims of sex offenses
3

in which case the information identifying the
4

nonrequesting victims shall be redacted.
5

(2) Information identifying victims and alleged victims of
6
sex offenses, shall not be disclosed or open to public
7
inspection under any circumstances. Nothing in this Section
8
shall prohibit the victim or alleged victim of any sex offense
9
from voluntarily disclosing this identity.
10

(2.5) If the minor is a victim of aggravated battery,
11
battery, attempted first degree murder, or other non-sexual
12
violent offense, the identity of the victim may be disclosed
13
to appropriate school officials, for the purpose of preventing
14
foreseeable future violence involving minors, by a local law
15
enforcement agency pursuant to an agreement established
16
between the school district and a local law enforcement agency
17
subject to the approval by the presiding judge of the juvenile
18
court.
19

(3) Relevant information, reports and records shall be
20
made available to the Department of Juvenile Justice when a
21
juvenile offender has been placed in the custody of the
22
Department of Juvenile Justice.
23

(4) Nothing in this Section shall prohibit the inspection
24
or disclosure to victims and witnesses of photographs
25
contained in the records of law enforcement agencies when the
26
inspection or disclosure is conducted in the presence of a law

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LRB104 19576 RLC 33024 b
1
enforcement officer for purposes of identification or
2
apprehension of any person in the course of any criminal
3
investigation or prosecution.
4

(5) The records of law enforcement officers, or of an
5
independent agency created by ordinance and charged by a unit
6
of local government with the duty of investigating the conduct
7
of law enforcement officers, concerning all minors under 18
8
years of age must be maintained separate from the records of
9
adults and may not be open to public inspection or their
10
contents disclosed to the public except by order of the court
11
or when the institution of criminal proceedings has been
12
permitted under Section 5-130 or 5-805 or required under
13
Section 5-130 or 5-805 or such a person has been convicted of a
14
crime and is the subject of pre-sentence investigation or when
15
provided by law.
16

(6) Except as otherwise provided in this subsection (6),
17
law enforcement officers, and personnel of an independent
18
agency created by ordinance and charged by a unit of local
19
government with the duty of investigating the conduct of law
20
enforcement officers, may not disclose the identity of any
21
minor in releasing information to the general public as to the
22
arrest, investigation or disposition of any case involving a
23
minor. Any victim or parent or legal guardian of a victim may
24
petition the court to disclose the name and address of the
25
minor and the minor's parents or legal guardian, or both. Upon
26
a finding by clear and convincing evidence that the disclosure

HB5052
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1
is either necessary for the victim to pursue a civil remedy
2
against the minor or the minor's parents or legal guardian, or
3
both, or to protect the victim's person or property from the
4
minor, then the court may order the disclosure of the
5
information to the victim or to the parent or legal guardian of
6
the victim only for the purpose of the victim pursuing a civil
7
remedy against the minor or the minor's parents or legal
8
guardian, or both, or to protect the victim's person or
9
property from the minor.
10

(7) Nothing contained in this Section shall prohibit law
11
enforcement agencies when acting in their official capacity
12
from communicating with each other by letter, memorandum,
13
teletype or intelligence alert bulletin or other means the
14
identity or other relevant information pertaining to a person
15
under 18 years of age. The information provided under this
16
subsection (7) shall remain confidential and shall not be
17
publicly disclosed, except as otherwise allowed by law.
18

(8) No person shall disclose information under this
19
Section except when acting in the person's official capacity
20
and as provided by law or order of court.
21

(9) The changes made to this Section by Public Act 98-61
22
apply to law enforcement records of a minor who has been
23
arrested or taken into custody on or after January 1, 2014 (the
24
effective date of Public Act 98-61).
25

(10) Nothing contained in this Section shall prohibit law
26
enforcement agencies from disclosing law enforcement reports

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LRB104 19576 RLC 33024 b
1
and records to the Attorney General for the purposes of
2
complying with the Crime Victims Compensation Act.
3
(Source: P.A. 103-22, eff. 8-8-23; 103-1037, eff. 8-9-24.)

4

Section 15.
The Rights of Crime Victims and Witnesses Act
5
is amended by changing Sections 3, 4, and 4.5 as follows:

6

(725 ILCS 120/3)

(from Ch. 38, par. 1403)
7

Sec. 3.
The terms used in this Act shall have the following
8
meanings:
9

(a) "Crime victim" or "victim" means: (1) any natural
10
person determined by the prosecutor or the court to have
11
suffered direct physical or psychological harm as a result of
12
a violent crime perpetrated or attempted against that person
13
or direct physical or psychological harm as a result of (i) a
14
violation of Section 11-501 of the Illinois Vehicle Code or
15
similar provision of a local ordinance or (ii) a violation of
16
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
17
of 2012; (2) in the case of a crime victim who is under 18
18
years of age or an adult victim who is incompetent or
19
incapacitated, both parents, legal guardians, foster parents,
20
or a single adult representative; (3) in the case of an adult
21
deceased victim, 2 representatives who may be the spouse,
22
parent, child or sibling of the victim, or the representative
23
of the victim's estate; and (4) an immediate family member of a
24
victim under clause (1) of this paragraph (a) chosen by the

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LRB104 19576 RLC 33024 b
1
victim. If the victim is 18 years of age or over, the victim
2
may choose any person to be the victim's representative. In no
3
event shall the defendant or any person who aided and abetted
4
in the commission of the crime be considered a victim, a crime
5
victim, or a representative of the victim.
6

A board, agency, or other governmental entity making
7
decisions regarding an offender's release, sentence reduction,
8
or clemency can determine additional persons are victims for
9
the purpose of its proceedings.
10

(a-3) "Advocate" means a person whose communications with
11
the victim are privileged under Section 8-802.1 or 8-802.2 of
12
the Code of Civil Procedure, or Section 227 of the Illinois
13
Domestic Violence Act of 1986.
14

(a-5) "Confer" means to consult together, share
15
information, compare opinions and carry on a discussion or
16
deliberation.
17

(a-6) "DNA database" means a collection of DNA profiles
18
from forensic casework or specimens from anonymous,
19
identified, and unidentified sources that is created to search
20
DNA records against each other to develop investigative leads
21
among forensic cases.
22

(a-7) "Sentence" includes, but is not limited to, the
23
imposition of sentence, a request for a reduction in sentence,
24
parole, mandatory supervised release, aftercare release, early
25
release, inpatient treatment, outpatient treatment,
26
conditional release after a finding that the defendant is not

HB5052
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LRB104 19576 RLC 33024 b
1
guilty by reason of insanity, clemency, or a proposal that
2
would reduce the defendant's sentence or result in the
3
defendant's release. "Early release" refers to a discretionary
4
release.
5

(a-9) "Sentencing" includes, but is not limited to, the
6
imposition of sentence and a request for a reduction in
7
sentence, parole, mandatory supervised release, aftercare
8
release, early release, consideration of inpatient treatment
9
or outpatient treatment, or conditional release after a
10
finding that the defendant is not guilty by reason of
11
insanity.
12

(a-10) "Status hearing" means a hearing designed to
13
provide information to the court, at which no motion of a
14
substantive nature and no constitutional or statutory right of
15
a crime victim is implicated or at issue.
16

(b) "Witness" means: any person who personally observed
17
the commission of a crime and who will testify on behalf of the
18
State of Illinois; or a person who will be called by the
19
prosecution to give testimony establishing a necessary nexus
20
between the offender and the violent crime.
21

(c) "Violent crime" means: (1) any felony in which force
22
or threat of force was used against the victim; (2) any offense
23
involving sexual exploitation, sexual conduct, or sexual
24
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
25
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
26
Criminal Code of 2012; (4) domestic battery or stalking; (5)

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LRB104 19576 RLC 33024 b
1
violation of an order of protection, a civil no contact order,
2
or a stalking no contact order; (6) any misdemeanor which
3
results in death or great bodily harm to the victim; or (7) any
4
violation of Section 9-3 of the Criminal Code of 1961 or the
5
Criminal Code of 2012, or Section 11-501 of the Illinois
6
Vehicle Code, or a similar provision of a local ordinance, if
7
the violation resulted in personal injury or death. "Violent
8
crime" includes any action committed by a juvenile that would
9
be a violent crime if committed by an adult. For the purposes
10
of this paragraph, "personal injury" shall include any Type A
11
injury as indicated on the traffic crash report completed by a
12
law enforcement officer that requires immediate professional
13
attention in either a doctor's office or medical facility. A
14
type A injury shall include severely bleeding wounds,
15
distorted extremities, and injuries that require the injured
16
party to be carried from the scene.
17

(d) (Blank).
18

(e) "Court proceedings" includes, but is not limited to,
19
the preliminary hearing, any post-arraignment hearing the
20
effect of which may be the release of the defendant from
21
custody or to alter the conditions of pretrial release,
22
including determinations made under subsection (g) or (j) of
23
Section 110-6 of the Code of Criminal Procedure of 1963,

24
change of plea hearing, the trial, any pretrial or post-trial
25
hearing, sentencing, any oral argument or hearing before an
26
Illinois appellate court, any hearing under the Mental Health

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LRB104 19576 RLC 33024 b
1
and Developmental Disabilities Code or Section 5-2-4 of the
2
Unified Code of Corrections after a finding that the defendant
3
is not guilty by reason of insanity, including a hearing for
4
conditional release, any hearing related to a modification of
5
sentence, probation revocation hearing, aftercare release or
6
parole hearings, post-conviction relief proceedings, habeas
7
corpus proceedings and clemency proceedings related to the
8
defendant's conviction or sentence. For purposes of the
9
victim's right to be present, "court proceedings" does not
10
include (1) grand jury proceedings, (2) status hearings, or
11
(3) the issuance of an order or decision of an Illinois court
12
that dismisses a charge, reverses a conviction, reduces a
13
sentence, or releases an offender under a court rule.
14

(f) "Concerned citizen" includes relatives of the victim,
15
friends of the victim, witnesses to the crime, or any other
16
person associated with the victim or prisoner.
17

(g) "Victim's attorney" means an attorney retained by the
18
victim for the purposes of asserting the victim's
19
constitutional and statutory rights. An attorney retained by
20
the victim means an attorney who is hired to represent the
21
victim at the victim's expense or an attorney who has agreed to
22
provide pro bono representation. Nothing in this statute
23
creates a right to counsel at public expense for a victim.
24

(h) "Support person" means a person chosen by a victim to
25
be present at court proceedings.
26
(Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26
.)

HB5052
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LRB104 19576 RLC 33024 b
1

(725 ILCS 120/4)
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

(1.1)
(Blank).

When a person reports being a crime
9

victim as defined in Section 3, the right to be treated
10

with fairness and respect during the investigatory
11

process, including the right to be free from deception,
12

which is the knowing communication of false facts about
13

evidence.

14

(1.5) The right to notice and to a hearing before a
15

court ruling on a request for access to any of the victim's
16

records, information, or communications which are
17

privileged or confidential by law.
18

(1.6)
(Blank).

Except as otherwise provided in Section
19

9.5 of the Criminal Identification Act or Section 3-3013
20

of the Counties Code, whenever a person's DNA profile is
21

collected due to the person being a victim of a crime, as
22

identified by law enforcement, that specific profile
23

collected in conjunction with that criminal investigation
24

shall not be entered into any DNA database. Nothing in
25

this paragraph (1.6) shall be interpreted to contradict

HB5052
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LRB104 19576 RLC 33024 b
1

rules and regulations developed by the Federal Bureau of
2

Investigation relating to the National DNA Index System or
3

Combined DNA Index System.

4

(2) The right to timely notification of all court
5

proceedings. Timely notification shall include 7 days'
6

notice of all court proceedings.
7

(3) The right to communicate with the prosecution.
8

(4) The right to be heard at any post-arraignment
9

court proceeding in which a right of the victim is at issue
10

and any court proceeding involving a post-arraignment
11

release decision, plea, or sentencing.
12

(5) The right to be notified of the conviction, the
13

sentence, the imprisonment
,
and the release of the
14

accused.
15

(6) The right to the timely disposition of the case
16

following the arrest of the accused.
17

(7) The right to be reasonably protected from the
18

accused through the criminal justice process.
19

(7.5) The right to have the safety of the victim and
20

the victim's family considered in determining whether to
21

release the defendant and setting conditions of release
22

after arrest and conviction.
23

(8) The right to be present at the trial and all other
24

court proceedings on the same basis as the accused, unless
25

the victim is to testify and the court determines that the
26

victim's testimony would be materially affected if the

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LRB104 19576 RLC 33024 b
1

victim hears other testimony at the trial.
2

(9) The right to have present at all court
3

proceedings, including proceedings under the Juvenile
4

Court Act of 1987, subject to the rules of evidence, an
5

advocate and other support person of the victim's choice.
6

(10) The right to restitution.
7

(b) Any law enforcement agency that investigates an
8
offense committed in this State shall provide a crime victim
9
with a written statement and explanation of the rights of
10
crime victims under
Public Act 99-413

this amendatory Act of
11
the 99th General Assembly
within 48 hours of law enforcement's
12
initial contact with a victim. The statement shall include
13
information about crime victim compensation, including how to
14
contact the Office of the Illinois Attorney General to file a
15
claim, and appropriate referrals to local and State programs
16
that provide victim services. The content of the statement
17
shall be provided to law enforcement by the Attorney General.
18
Law enforcement shall also provide a crime victim with a
19
sign-off sheet that the victim shall sign and date as an
20
acknowledgement that he or she has been furnished with
21
information and an explanation of the rights of crime victims
22
and compensation set forth in this Act.
23

(b-5) Upon the request of the victim, the law enforcement
24
agency having jurisdiction shall provide a free copy of the
25
police report concerning the victim's incident, as soon as
26
practicable, but in no event later than 5 business days from

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LRB104 19576 RLC 33024 b
1
the request.
Nothing in this subsection shall be interpreted
2
to contradict the requirements of the Juvenile Court Act of
3
1987.

4

(c) The Clerk of the Circuit Court shall post the rights of
5
crime victims set forth in Article I, Section 8.1(a) of the
6
Illinois Constitution and subsection (a) of this Section
7
within 3 feet of the door to any courtroom where criminal
8
proceedings are conducted. The clerk may also post the rights
9
in other locations in the courthouse.
10

(d) At any point, the victim has the right to retain a
11
victim's attorney who may be present during all stages of any
12
interview, investigation, or other interaction with
13
representatives of the criminal justice system. Treatment of
14
the victim should not be affected or altered in any way as a
15
result of the victim's decision to exercise this right.
16
(Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26;
17
104-326, eff. 1-1-26; revised 11-21-25.)

18

(725 ILCS 120/4.5)
19

Sec. 4.5.
Procedures to implement the rights of crime
20
victims.
To afford crime victims their rights, law
21
enforcement, prosecutors, judges, and corrections will provide
22
information, as appropriate, of the following procedures:
23

(a) At the request of the crime victim, law enforcement
24
authorities investigating the case shall provide notice of the
25
status of the investigation, except where the State's Attorney

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LRB104 19576 RLC 33024 b
1
determines that disclosure of such information would
2
unreasonably interfere with the investigation, until such time
3
as the alleged assailant is apprehended or the investigation
4
is closed.
5

(a-5) When law enforcement authorities reopen a closed
6
case to resume investigating, they shall provide notice of the
7
reopening of the case, except where the State's Attorney
8
determines that disclosure of such information would
9
unreasonably interfere with the investigation.
10

(a-6) The Prisoner Review Board shall publish on its
11
official public website and provide to registered victims
12
information regarding how to submit a victim impact statement.
13
The Prisoner Review Board shall consider victim impact
14
statements from any registered victims. Any registered victim,
15
including a person who has had a final, plenary,
16
non-emergency, or emergency protective order granted against
17
the petitioner or parole candidate under Article 112A of the
18
Code of Criminal Procedure of 1963, the Illinois Domestic
19
Violence Act of 1986, the Stalking No Contact Order Act, or the
20
Civil No Contact Order Act, may present victim statements that
21
the Prisoner Review Board shall consider in its deliberations.
22

(b) The office of the State's Attorney:
23

(1) shall provide notice of the filing of an
24

information, the return of an indictment, or the filing of
25

a petition to adjudicate a minor as a delinquent for a
26

violent crime;

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1

(2) shall provide 7 days' notice of the date, time,
2

expected purpose,
and place of court proceedings; of any
3

change in the date, time,
expected purpose,
and place of
4

court proceedings; and of any cancellation of court
5

proceedings. For preliminary hearings and hearings
6

regarding pretrial release or that alter the conditions of
7

pretrial release only, if giving the victim 7 days' notice
8

is impossible, fewer days may be timely, so long as the
9

notice is provided as soon as practicable and in advance
10

of the proceeding. Notice shall be provided in sufficient
11

time, wherever possible, for the victim to make
12

arrangements to attend or to prevent an unnecessary
13

appearance at court proceedings;
14

(3) or victim advocate personnel shall provide
15

information of social services and financial assistance
16

available for victims of crime, including information of
17

how to apply for these services and assistance;
18

(3.5) or victim advocate personnel shall provide
19

information about available victim services, including
20

referrals to programs, counselors, and agencies that
21

assist a victim to deal with trauma, loss, and grief;
22

(4) shall assist in having any stolen or other
23

personal property held by law enforcement authorities for
24

evidentiary or other purposes returned as expeditiously as
25

possible, pursuant to the procedures set out in Section
26

115-9 of the Code of Criminal Procedure of 1963;

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LRB104 19576 RLC 33024 b
1

(5) or victim advocate personnel shall provide
2

appropriate employer intercession services to ensure that
3

employers of victims will cooperate with the criminal
4

justice system in order to minimize an employee's loss of
5

pay and other benefits resulting from court appearances;
6

(6) shall provide, whenever possible, a secure waiting
7

area during court proceedings that does not require
8

victims to be in close proximity to defendants or
9

juveniles accused of a violent crime, and their families
10

and friends;
11

(7) shall provide notice to the crime victim of the
12

right to have a translator present at all court
13

proceedings and, in compliance with the federal Americans
14

with Disabilities Act of 1990, the right to communications
15

access through a sign language interpreter or by other
16

means;
17

(8) (blank);
18

(8.5) shall inform the victim of the right to be
19

present at all court proceedings, unless the victim is to
20

testify and the court determines that the victim's
21

testimony would be materially affected if the victim hears
22

other testimony at trial;
23

(9) shall inform the victim of the right to have
24

present at all court proceedings, subject to the rules of
25

evidence and confidentiality, an advocate and other
26

support person of the victim's choice;

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1

(9.3) shall inform the victim of the right to retain
2

an attorney, at the victim's own expense, who, upon
3

written notice filed with the clerk of the court and
4

State's Attorney, is to receive copies of all notices,
5

motions, and court orders filed thereafter in the case, in
6

the same manner as if the victim were a named party in the
7

case;
8

(9.5) shall inform the victim of (A) the victim's
9

right under Section 6 of this Act to make a statement at
10

the sentencing hearing; (B) the right of the victim's
11

spouse, guardian, parent, grandparent, and other immediate
12

family and household members under Section 6 of this Act
13

to present a statement at sentencing; and (C) if a
14

presentence report is to be prepared, the right of the
15

victim's spouse, guardian, parent, grandparent, and other
16

immediate family and household members to submit
17

information to the preparer of the presentence report
18

about the effect the offense has had on the victim and the
19

person;
20

(10) at the sentencing shall make a good faith attempt
21

to explain the minimum amount of time during which the
22

defendant may actually be physically imprisoned. The
23

Office of the State's Attorney shall further notify the
24

crime victim of the right to request from the Prisoner
25

Review Board or Department of Juvenile Justice information
26

concerning the release of the defendant;

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1

(11) shall request restitution at sentencing and as
2

part of a plea agreement if the victim requests
3

restitution;
4

(12) shall, upon the court entering a verdict of not
5

guilty by reason of insanity, inform the victim of the
6

notification services available from the Department of
7

Human Services, including the statewide telephone number,
8

under subparagraph (d)(2) of this Section;
9

(13) shall provide notice within a reasonable time
10

after receipt of notice from the custodian, of the release
11

of the defendant on pretrial release or personal
12

recognizance or the release from detention of a minor who
13

has been detained;
14

(14) shall explain in nontechnical language the
15

details of any plea or verdict of a defendant, or any
16

adjudication of a juvenile as a delinquent;
17

(15) shall make all reasonable efforts to consult with
18

the crime victim before the Office of the State's Attorney
19

makes an offer of a plea bargain to the defendant or enters
20

into negotiations with the defendant concerning a possible
21

plea agreement, and shall consider the written statement,
22

if prepared prior to entering into a plea agreement. The
23

right to consult with the prosecutor does not include the
24

right to veto a plea agreement or to insist the case go to
25

trial. If the State's Attorney has not consulted with the
26

victim prior to making an offer or entering into plea

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1

negotiations with the defendant, the Office of the State's
2

Attorney shall notify the victim of the offer or the
3

negotiations within 2 business days and confer with the
4

victim;
5

(16) shall provide notice of the ultimate disposition
6

of the cases arising from an indictment or an information,
7

or a petition to have a juvenile adjudicated as a
8

delinquent for a violent crime;
9

(17) shall provide notice of any appeal taken by the
10

defendant and information on how to contact the
11

appropriate agency handling the appeal, and how to request
12

notice of any hearing, oral argument, or decision of an
13

appellate court;
14

(18) shall provide timely notice of any request for
15

post-conviction review filed by the defendant under
16

Article 122 of the Code of Criminal Procedure of 1963, and
17

of the date, time and place of any hearing concerning the
18

petition. Whenever possible, notice of the hearing shall
19

be given within 48 hours of the court's scheduling of the
20

hearing;
21

(19) shall forward a copy of any statement presented
22

under Section 6 to the Prisoner Review Board or Department
23

of Juvenile Justice to be considered in making a
24

determination under Section 3-2.5-85 or subsection (b) of
25

Section 3-3-8 of the Unified Code of Corrections;
26

(20) shall, within a reasonable time, offer to meet

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1

with the crime victim regarding the decision of the
2

State's Attorney not to charge an offense, and shall meet
3

with the victim, if the victim agrees. The victim has a
4

right to have an attorney, advocate, and other support
5

person of the victim's choice attend this meeting with the
6

victim; and
7

(21) shall give the crime victim timely notice of any
8

decision not to pursue charges and consider the safety of
9

the victim when deciding how to give such notice.
10

(c) The court shall ensure that the rights of the victim
11
are afforded.
12

(c-5) The following procedures shall be followed to afford
13
victims the rights guaranteed by Article I, Section 8.1 of the
14
Illinois Constitution:
15

(1) Written notice. A victim may complete a written
16

notice of
victim

intent to assert
rights on a form
17

prepared by the Office of the Attorney General and
18

provided to the victim by the State's Attorney. The victim
19

may at any time provide a revised written notice to the
20

State's Attorney. The State's Attorney shall file the
21

written notice with the court. At the beginning of any
22

court proceeding in which the right of a victim may be at
23

issue, the court and prosecutor shall review the written
24

notice to determine whether
a

the
victim
has asserted the

25

right
that
may be at issue.
26

(2) Victim's retained attorney. A victim's attorney

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1

shall file an entry of appearance limited to assertion of
2

the victim's rights. Upon the filing of the entry of
3

appearance and service on the State's Attorney and the
4

defendant, the attorney is to receive copies of all
5

notices, motions and court orders filed thereafter in the
6

case.
7

(3) Standing. The victim has standing to assert the
8

rights enumerated in subsection (a) of Article I, Section
9

8.1 of the Illinois Constitution and the statutory rights
10

under Section 4 of this Act in any court exercising
11

jurisdiction over the criminal case. The prosecuting
12

attorney, a victim, or the victim's retained attorney may
13

assert the victim's rights. The defendant in the criminal
14

case has no standing to assert a right of the victim in any
15

court proceeding, including on appeal.
16

(4) Assertion of and enforcement of rights.
17

(A) The prosecuting attorney shall assert a
18

victim's right or request enforcement of a right by
19

filing a motion or by orally asserting the right or
20

requesting enforcement in open court in the criminal
21

case outside the presence of the jury. The prosecuting
22

attorney shall consult with the victim and the
23

victim's attorney regarding the assertion or
24

enforcement of a right. If the prosecuting attorney
25

decides not to assert or enforce a victim's right, the
26

prosecuting attorney shall notify the victim or the

HB5052
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LRB104 19576 RLC 33024 b
1

victim's attorney in sufficient time to allow the
2

victim or the victim's attorney to assert the right or
3

to seek enforcement of a right.
4

(B) If the prosecuting attorney elects not to
5

assert a victim's right or to seek enforcement of a
6

right, the victim or the victim's attorney may assert
7

the victim's right or request enforcement of a right
8

by filing a motion or by orally asserting the right or
9

requesting enforcement in open court in the criminal
10

case outside the presence of the jury.
11

(C) If the prosecuting attorney asserts a victim's
12

right or seeks enforcement of a right, unless the
13

prosecuting attorney objects or the trial court does
14

not allow it, the victim or the victim's attorney may
15

be heard regarding the prosecuting attorney's motion
16

or may file a simultaneous motion to assert or request
17

enforcement of the victim's right. If the victim or
18

the victim's attorney was not allowed to be heard at
19

the hearing regarding the prosecuting attorney's
20

motion, and the court denies the prosecuting
21

attorney's assertion of the right or denies the
22

request for enforcement of a right, the victim or
23

victim's attorney may file a motion to assert the
24

victim's right or to request enforcement of the right
25

within 10 days of the court's ruling. The motion need
26

not demonstrate the grounds for a motion for

HB5052
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LRB104 19576 RLC 33024 b
1

reconsideration. The court shall rule on the merits of
2

the motion.
3

(D) The court shall take up and decide any motion
4

or request asserting or seeking enforcement of a
5

victim's right without delay, unless a specific time
6

period is specified by law or court rule. The reasons
7

for any decision denying the motion or request shall
8

be clearly stated on the record.
9

(E) No later than January 1, 2023, the Office of
10

the Attorney General shall:
11

(i) designate an administrative authority
12

within the Office of the Attorney General to
13

receive and investigate complaints relating to the
14

provision or violation of the rights of a crime
15

victim as described in Article I, Section 8.1 of
16

the Illinois Constitution and in this Act;
17

(ii) create and administer a course of
18

training for employees and offices of the State of
19

Illinois that fail to comply with provisions of
20

Illinois law pertaining to the treatment of crime
21

victims as described in Article I, Section 8.1 of
22

the Illinois Constitution and in this Act as
23

required by the court under Section 5 of this Act;
24

and
25

(iii) have the authority to make
26

recommendations to employees and offices of the

HB5052
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LRB104 19576 RLC 33024 b
1

State of Illinois to respond more effectively to
2

the needs of crime victims, including regarding
3

the violation of the rights of a crime victim.
4

(F) Crime victims' rights may also be asserted by
5

filing a complaint for mandamus, injunctive, or
6

declaratory relief in the jurisdiction in which the
7

victim's right is being violated or where the crime is
8

being prosecuted. For complaints or motions filed by
9

or on behalf of the victim, the clerk of court shall
10

waive filing fees that would otherwise be owed by the
11

victim for any court filing with the purpose of
12

enforcing crime victims' rights. If the court denies
13

the relief sought by the victim, the reasons for the
14

denial shall be clearly stated on the record in the
15

transcript of the proceedings, in a written opinion,
16

or in the docket entry, and the victim may appeal the
17

circuit court's decision to the appellate court. The
18

court shall issue prompt rulings regarding victims'
19

rights. Proceedings seeking to enforce victims' rights
20

shall not be stayed or subject to unreasonable delay
21

via continuances.
22

(5) Violation of rights and remedies.
23

(A) If the court determines that a victim's right
24

has been violated, the court shall determine the
25

appropriate remedy for the violation of the victim's
26

right by hearing from the victim and the parties,

HB5052
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1

considering all factors relevant to the issue, and
2

then awarding appropriate relief to the victim.
3

(A-5) Consideration of an issue of a substantive
4

nature or an issue that implicates the constitutional
5

or statutory right of a victim at a court proceeding
6

labeled as a status hearing shall constitute a per se
7

violation of a victim's right.
8

(B) The appropriate remedy shall include only
9

actions necessary to provide the victim the right to
10

which the victim was entitled. Remedies may include,
11

but are not limited to: injunctive relief requiring
12

the victim's right to be afforded; declaratory
13

judgment recognizing or clarifying the victim's
14

rights; a writ of mandamus; and may include reopening
15

previously held proceedings; however, in no event
16

shall the court vacate a conviction. Any remedy shall
17

be tailored to provide the victim an appropriate
18

remedy without violating any constitutional right of
19

the defendant. In no event shall the appropriate
20

remedy to the victim be a new trial or damages.
21

The court shall impose a mandatory training course
22

provided by the Attorney General for the employee under
23

item (ii) of subparagraph (E) of paragraph (4), which must
24

be successfully completed within 6 months of the entry of
25

the court order.
26

This paragraph (5) takes effect January 2, 2023.

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LRB104 19576 RLC 33024 b
1

(6) Right to be heard. Whenever a victim has the right
2

to be heard, the court shall allow the victim to exercise
3

the right in any reasonable manner the victim chooses.
4

(7) Right to attend trial.
5

(A)
A party must file a written motion to exclude a
6

victim from trial at least 60 days prior to the date set
7

for trial. The motion must state with specificity the
8

reason exclusion is necessary to protect a constitutional
9

right of the party, and must contain an offer of proof. The
10

court shall rule on the motion within 30 days. If the
11

motion is granted, the court shall set forth on the record
12

the facts that support its finding that the victim's
13

testimony will be materially affected if the victim hears
14

other testimony at trial.
15

(B) A victim, as defined in Section 3, shall not be
16

excluded from any part of the trial unless the procedure
17

in subparagraph (A) of this paragraph (7) was timely
18

followed.

19

(8) Right to have advocate and support person present
20

at court proceedings.
21

(A) A party who intends to call an advocate as a
22

witness at trial must seek permission of the court
23

before the subpoena is issued. The party must file a
24

written motion at least 90 days before trial that sets
25

forth specifically the issues on which the advocate's
26

testimony is sought and an offer of proof regarding

HB5052
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LRB104 19576 RLC 33024 b
1

(i) the content of the anticipated testimony of the
2

advocate; and (ii) the relevance, admissibility, and
3

materiality of the anticipated testimony. The court
4

shall consider the motion and make findings within 30
5

days of the filing of the motion. If the court finds by
6

a preponderance of the evidence that: (i) the
7

anticipated testimony is not protected by an absolute
8

privilege; and (ii) the anticipated testimony contains
9

relevant, admissible, and material evidence that is
10

not available through other witnesses or evidence, the
11

court shall issue a subpoena requiring the advocate to
12

appear to testify at an in camera hearing. The
13

prosecuting attorney and the victim shall have 15 days
14

to seek appellate review before the advocate is
15

required to testify at an ex parte in camera
16

proceeding.
17

The prosecuting attorney, the victim, and the
18

advocate's attorney shall be allowed to be present at
19

the ex parte in camera proceeding. If, after
20

conducting the ex parte in camera hearing, the court
21

determines that due process requires any testimony
22

regarding confidential or privileged information or
23

communications, the court shall provide to the
24

prosecuting attorney, the victim, and the advocate's
25

attorney a written memorandum on the substance of the
26

advocate's testimony. The prosecuting attorney, the

HB5052
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LRB104 19576 RLC 33024 b
1

victim, and the advocate's attorney shall have 15 days
2

to seek appellate review before a subpoena may be
3

issued for the advocate to testify at trial. The
4

presence of the prosecuting attorney at the ex parte
5

in camera proceeding does not make the substance of
6

the advocate's testimony that the court has ruled
7

inadmissible subject to discovery.
8

(B) If a victim has asserted the right to have a
9

support person present at the court proceedings, the
10

victim shall provide the name of the person the victim
11

has chosen to be the victim's support person to the
12

prosecuting attorney, within 60 days of trial. The
13

prosecuting attorney shall provide the name to the
14

defendant. If the defendant intends to call the
15

support person as a witness at trial, the defendant
16

must seek permission of the court before a subpoena is
17

issued. The defendant must file a written motion at
18

least 45 days prior to trial that sets forth
19

specifically the issues on which the support person
20

will testify and an offer of proof regarding: (i) the
21

content of the anticipated testimony of the support
22

person; and (ii) the relevance, admissibility, and
23

materiality of the anticipated testimony.
24

If the prosecuting attorney intends to call the
25

support person as a witness during the State's
26

case-in-chief, the prosecuting attorney shall inform

HB5052
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LRB104 19576 RLC 33024 b
1

the court of this intent in the response to the
2

defendant's written motion. The victim may choose a
3

different person to be the victim's support person.
4

The court may allow the defendant to inquire about
5

matters outside the scope of the direct examination
6

during cross-examination. If the court allows the
7

defendant to do so, the support person shall be
8

allowed to remain in the courtroom after the support
9

person has testified. A defendant who fails to
10

question the support person about matters outside the
11

scope of direct examination during the State's
12

case-in-chief waives the right to challenge the
13

presence of the support person on appeal. The court
14

shall allow the support person to testify if called as
15

a witness in the defendant's case-in-chief or the
16

State's rebuttal.
17

If the court does not allow the defendant to
18

inquire about matters outside the scope of the direct
19

examination, the support person shall be allowed to
20

remain in the courtroom after the support person has
21

been called by the defendant or the defendant has
22

rested. The court shall allow the support person to
23

testify in the State's rebuttal.
24

If the prosecuting attorney does not intend to
25

call the support person in the State's case-in-chief,
26

the court shall verify with the support person whether

HB5052
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LRB104 19576 RLC 33024 b
1

the support person, if called as a witness, would
2

testify as set forth in the offer of proof. If the
3

court finds that the support person would testify as
4

set forth in the offer of proof, the court shall rule
5

on the relevance, materiality, and admissibility of
6

the anticipated testimony. If the court rules the
7

anticipated testimony is admissible, the court shall
8

issue the subpoena. The support person may remain in
9

the courtroom after the support person testifies and
10

shall be allowed to testify in rebuttal.
11

If the court excludes the victim's support person
12

during the State's case-in-chief, the victim shall be
13

allowed to choose another support person to be present
14

in court.
15

If the victim fails to designate a support person
16

within 60 days of trial and the defendant has
17

subpoenaed the support person to testify at trial, the
18

court may exclude the support person from the trial
19

until the support person testifies. If the court
20

excludes the support person the victim may choose
21

another person as a support person.
22

(9) Right to notice and hearing before disclosure of
23

confidential or privileged information or records.
24

(A) A defendant who seeks to subpoena testimony or
25

records of or concerning the victim that are
26

confidential or privileged by law must seek permission

HB5052
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LRB104 19576 RLC 33024 b
1

of the court before the subpoena is issued. The
2

defendant must file a written motion and an offer of
3

proof regarding the relevance, admissibility and
4

materiality of the testimony or records. If the court
5

finds by a preponderance of the evidence that:
6

(i) the testimony or records are not protected
7

by an absolute privilege and
8

(ii) the testimony or records contain
9

relevant, admissible, and material evidence that
10

is not available through other witnesses or
11

evidence, the court shall issue a subpoena
12

requiring the witness to appear in camera or a
13

sealed copy of the records be delivered to the
14

court to be reviewed in camera. If, after
15

conducting an in camera review of the witness
16

statement or records, the court determines that
17

due process requires disclosure of any potential
18

testimony or any portion of the records, the court
19

shall provide copies of the records that it
20

intends to disclose to the prosecuting attorney
21

and the victim. The prosecuting attorney and the
22

victim shall have 30 days to seek appellate review
23

before the records are disclosed to the defendant,
24

used in any court proceeding, or disclosed to
25

anyone or in any way that would subject the
26

testimony or records to public review. The

HB5052
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LRB104 19576 RLC 33024 b
1

disclosure of copies of any portion of the
2

testimony or records to the prosecuting attorney
3

under this Section does not make the records
4

subject to discovery or required to be provided to
5

the defendant.
6

(B) A prosecuting attorney who seeks to subpoena
7

information or records concerning the victim that are
8

confidential or privileged by law must first request
9

the written consent of the crime victim. If the victim
10

does not provide such written consent, including where
11

necessary the appropriate signed document required for
12

waiving privilege, the prosecuting attorney must serve
13

the subpoena at least 21 days prior to the date a
14

response or appearance is required to allow the
15

subject of the subpoena time to file a motion to quash
16

or request a hearing. The prosecuting attorney must
17

also send a written notice to the victim at least 21
18

days prior to the response date to allow the victim to
19

file a motion or request a hearing. The notice to the
20

victim shall inform the victim (i) that a subpoena has
21

been issued for confidential information or records
22

concerning the victim, (ii) that the victim has the
23

right to request a hearing prior to the response date
24

of the subpoena, and (iii) how to request the hearing.
25

The notice to the victim shall also include a copy of
26

the subpoena. If requested, a hearing regarding the

HB5052
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LRB104 19576 RLC 33024 b
1

subpoena shall occur before information or records are
2

provided to the prosecuting attorney.
3

(9.5) Except as otherwise provided in Section 9.5 of
4

the Criminal Identification Act or Section 3-3013 of the
5

Counties Code, whenever a person's DNA profile is
6

collected due to the person being a victim of a crime, as
7

identified by law enforcement, that specific profile
8

collected in conjunction with that criminal investigation
9

shall not be entered into any DNA database. Nothing in
10

this paragraph (9.5) shall be interpreted to contradict
11

rules and regulations developed by the Federal Bureau of
12

Investigation relating to the National DNA Index System or
13

Combined DNA Index System.
14

(10) Right to notice of court proceedings. If the
15

victim is not present at a court proceeding in which a
16

right of the victim is at issue, the court shall ask the
17

prosecuting attorney whether the victim was notified of
18

the time, place, and
expected
purpose of the court
19

proceeding and that the victim had a right to be heard at
20

the court proceeding. If the court determines that timely
21

notice was not given or that the victim was not adequately
22

informed of the
expected purpose and procedures

nature
of
23

the court proceeding, the court shall not rule on any
24

substantive issues, accept a plea, or impose a sentence
25

and shall continue the hearing for the time necessary to
26

notify the victim of the time, place
,
and
expected purpose

HB5052
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LRB104 19576 RLC 33024 b
1

and procedures

nature
of the court proceeding. The time
2

between court proceedings shall not be attributable to the
3

State under Section 103-5 of the Code of Criminal
4

Procedure of 1963.
5

(11) Right to timely disposition of the case. A victim
6

has the right to timely disposition of the case so as to
7

minimize the stress, cost, and inconvenience resulting
8

from the victim's involvement in the case. Before ruling
9

on a motion to continue trial or other court proceeding,
10

the court shall inquire into the circumstances for the
11

request for the delay and, if the victim has provided
12

written notice of the assertion of the right to a timely
13

disposition, and whether the victim objects to the delay.
14

If the victim objects, the prosecutor shall inform the
15

court of the victim's objections. If the prosecutor has
16

not conferred with the victim about the continuance, the
17

prosecutor shall inform the court of the attempts to
18

confer. If the court finds the attempts of the prosecutor
19

to confer with the victim were inadequate to protect the
20

victim's right to be heard, the court shall give the
21

prosecutor at least 3 but not more than 5 business days to
22

confer with the victim. In ruling on a motion to continue,
23

the court shall consider the reasons for the requested
24

continuance, the number and length of continuances that
25

have been granted, the victim's objections and procedures
26

to avoid further delays. If a continuance is granted over

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the victim's objection, the court shall specify on the
2

record the reasons for the continuance and the procedures
3

that have been or will be taken to avoid further delays.
4

(12) Right to Restitution.
5

(A) If the victim has asserted the right to
6

restitution and the amount of restitution is known at
7

the time of sentencing, the court shall enter the
8

judgment of restitution at the time of sentencing.
9

(B) If the victim has asserted the right to
10

restitution and the amount of restitution is not known
11

at the time of sentencing, the prosecutor shall,
12

within 5 days after sentencing, notify the victim what
13

information and documentation related to restitution
14

is needed and that the information and documentation
15

must be provided to the prosecutor within 45 days
16

after sentencing. Failure to timely provide
17

information and documentation related to restitution
18

shall be deemed a waiver of the right to restitution.
19

The prosecutor shall file and serve within 60 days
20

after sentencing a proposed judgment for restitution
21

and a notice that includes information concerning the
22

identity of any victims or other persons seeking
23

restitution, whether any victim or other person
24

expressly declines restitution, the nature and amount
25

of any damages together with any supporting
26

documentation, a restitution amount recommendation,

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and the names of any co-defendants and their case
2

numbers. Within 30 days after receipt of the proposed
3

judgment for restitution, the defendant shall file any
4

objection to the proposed judgment, a statement of
5

grounds for the objection, and a financial statement.
6

If the defendant does not file an objection, the court
7

may enter the judgment for restitution without further
8

proceedings. If the defendant files an objection and
9

either party requests a hearing, the court shall
10

schedule a hearing.
11

(12.5) When a person reports being a crime victim, as
12

defined in Section 3, the person shall have the right to be
13

treated with fairness and respect during the investigatory
14

process, including the right to be free from deception,
15

which is the knowing communication of false facts about
16

evidence.

17

(13) Access to presentence reports.
18

(A) The victim may request a copy of the
19

presentence report prepared under the Unified Code of
20

Corrections from the State's Attorney. The State's
21

Attorney shall redact the following information before
22

providing a copy of the report:
23

(i) the defendant's mental history and
24

condition;
25

(ii) any evaluation prepared under subsection
26

(b) or (b-5) of Section 5-3-2; and

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(iii) the name, address, phone number, and
2

other personal information about any other victim.
3

(B) The State's Attorney or the defendant may
4

request the court redact other information in the
5

report that may endanger the safety of any person.
6

(C) The State's Attorney may orally disclose to
7

the victim any of the information that has been
8

redacted if there is a reasonable likelihood that the
9

information will be stated in court at the sentencing.
10

(D) The State's Attorney must advise the victim
11

that the victim must maintain the confidentiality of
12

the report and other information. Any dissemination of
13

the report or information that was not stated at a
14

court proceeding constitutes indirect criminal
15

contempt of court.
16

(14) Appellate relief. If the trial court denies the
17

relief requested, the victim, the victim's attorney, or
18

the prosecuting attorney may file an appeal within 30 days
19

of the trial court's ruling. The trial or appellate court
20

may stay the court proceedings if the court finds that a
21

stay would not violate a constitutional right of the
22

defendant. If the appellate court denies the relief
23

sought, the reasons for the denial shall be clearly stated
24

in a written opinion. In any appeal in a criminal case, the
25

State may assert as error the court's denial of any crime
26

victim's right in the proceeding to which the appeal

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relates.
2

(15) Limitation on appellate relief. In no case shall
3

an appellate court provide a new trial to remedy the
4

violation of a victim's right.
5

(16) The right to be reasonably protected from the
6

accused throughout the criminal justice process and the
7

right to have the safety of the victim and the victim's
8

family considered in determining whether to release the
9

defendant, and setting conditions of release after arrest
10

and conviction. A victim of domestic violence, a sexual
11

offense, or stalking may request the entry of a protective
12

order under Article 112A of the Code of Criminal Procedure
13

of 1963.
14

(d) Procedures after the imposition of sentence.
15

(1) The Prisoner Review Board shall inform a victim or
16

any other concerned citizen, upon written request, of the
17

prisoner's release on parole, mandatory supervised
18

release, electronic detention, work release, international
19

transfer or exchange, or by the custodian, other than the
20

Department of Juvenile Justice, of the discharge of any
21

individual who was adjudicated a delinquent for a crime
22

from State custody and by the sheriff of the appropriate
23

county of any such person's final discharge from county
24

custody. The Prisoner Review Board, upon written request,
25

shall provide to a victim or any other concerned citizen a
26

recent photograph of any person convicted of a felony,

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upon his or her release from custody. The Prisoner Review
2

Board, upon written request, shall inform a victim or any
3

other concerned citizen when feasible at least 7 days
4

prior to the prisoner's release on furlough of the times
5

and dates of such furlough. Upon written request by the
6

victim or any other concerned citizen, the State's
7

Attorney shall notify the person once of the times and
8

dates of release of a prisoner sentenced to periodic
9

imprisonment. Notification shall be based on the most
10

recent information as to the victim's or other concerned
11

citizen's residence or other location available to the
12

notifying authority.
13

(1.5) The Prisoner Review Board shall notify a victim
14

of a prisoner's pardon, commutation of sentence, release
15

on furlough, or early release from State custody, if the
16

victim has previously requested that notification. The
17

notification shall be based upon the most recent
18

information available to the Board as to the victim's
19

residence or other location. The notification requirement
20

under this paragraph (1.5) is in addition to any
21

notification requirements under any other statewide victim
22

notification systems. The Board shall document its efforts
23

to provide the required notification if a victim alleges
24

lack of notification under this paragraph (1.5).
25

(2) When the defendant has been committed to the
26

Department of Human Services pursuant to Section 5-2-4 or

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any other provision of the Unified Code of Corrections,
2

the victim may request to be notified by the releasing
3

authority of the approval by the court of an on-grounds
4

pass, a supervised off-grounds pass, an unsupervised
5

off-grounds pass, or conditional release; the release on
6

an off-grounds pass; the return from an off-grounds pass;
7

transfer to another facility; conditional release; escape;
8

death; or final discharge from State custody. The
9

Department of Human Services shall establish and maintain
10

a statewide telephone number to be used by victims to make
11

notification requests under these provisions and shall
12

publicize this telephone number on its website and to the
13

State's Attorney of each county.
14

(3) In the event of an escape from State custody, the
15

Department of Corrections or the Department of Juvenile
16

Justice immediately shall notify the Prisoner Review Board
17

of the escape and the Prisoner Review Board shall notify
18

the victim. The notification shall be based upon the most
19

recent information as to the victim's residence or other
20

location available to the Board. When no such information
21

is available, the Board shall make all reasonable efforts
22

to obtain the information and make the notification. When
23

the escapee is apprehended, the Department of Corrections
24

or the Department of Juvenile Justice immediately shall
25

notify the Prisoner Review Board and the Board shall
26

notify the victim. The notification requirement under this

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paragraph (3) is in addition to any notification
2

requirements under any other statewide victim notification
3

systems. The Board shall document its efforts to provide
4

the required notification if a victim alleges lack of
5

notification under this paragraph (3).
6

(4) The victim of the crime for which the prisoner has
7

been sentenced has the right to register with the Prisoner
8

Review Board's victim registry. Victims registered with
9

the Board shall receive reasonable written notice not less
10

than 30 days prior to the parole hearing or target
11

aftercare release date. The victim has the right to submit
12

a victim statement for consideration by the Prisoner
13

Review Board or the Department of Juvenile Justice in
14

writing, on film, videotape, or other electronic means, or
15

in the form of a recording prior to the parole hearing or
16

target aftercare release date, or in person at the parole
17

hearing or aftercare release protest hearing, or by
18

calling the toll-free number established in subsection (f)
19

of this Section. The victim shall be notified within 7
20

days after the prisoner has been granted parole or
21

aftercare release and shall be informed of the right to
22

inspect the registry of parole decisions, established
23

under subsection (g) of Section 3-3-5 of the Unified Code
24

of Corrections. The provisions of this paragraph (4) are
25

subject to the Open Parole Hearings Act. Victim statements
26

provided to the Board shall be confidential and

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privileged, including any statements received prior to
2

January 1, 2020 (the effective date of Public Act
3

101-288), except if the statement was an oral statement
4

made by the victim at a hearing open to the public.
5

(4-1) The crime victim, including any person who has
6

had a final, plenary, non-emergency, or emergency
7

protective order granted against the petitioner or parole
8

candidate under Article 112A of the Code of Criminal
9

Procedure of 1963, the Illinois Domestic Violence Act of
10

1986, the Stalking No Contact Order Act, or the Civil No
11

Contact Order Act, has the right to submit a victim
12

statement, in support or opposition, for consideration by
13

the Prisoner Review Board or the Department of Juvenile
14

Justice prior to or at a hearing to determine the
15

conditions of mandatory supervised release of a person
16

sentenced to a determinate sentence or at a hearing on
17

revocation of mandatory supervised release of a person
18

sentenced to a determinate sentence. A victim statement
19

may be submitted in writing, on film, videotape, or other
20

electronic means, or in the form of a recording, or orally
21

at a hearing, or by calling the toll-free number
22

established in subsection (f) of this Section. Victim
23

statements provided to the Board shall be confidential and
24

privileged, including any statements received prior to
25

January 1, 2020 (the effective date of Public Act
26

101-288), except if the statement was an oral statement

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made by the victim at a hearing open to the public.
2

(4-2) The crime victim, including any person who has
3

had a final, plenary, non-emergency, or emergency
4

protective order granted against the petitioner or parole
5

candidate under Article 112A of the Code of Criminal
6

Procedure of 1963, the Illinois Domestic Violence Act of
7

1986, the Stalking No Contact Order Act, or the Civil No
8

Contact Order Act, has the right to submit a victim
9

statement, in support or opposition, to the Prisoner
10

Review Board for consideration at an executive clemency
11

hearing as provided in Section 3-3-13 of the Unified Code
12

of Corrections. A victim statement may be submitted in
13

writing, on film, videotape, or other electronic means, or
14

in the form of a recording prior to a hearing, or orally at
15

a hearing, or by calling the toll-free number established
16

in subsection (f) of this Section. Victim statements
17

provided to the Board shall be confidential and
18

privileged, including any statements received prior to
19

January 1, 2020 (the effective date of Public Act
20

101-288), except if the statement was an oral statement
21

made by the victim at a hearing open to the public.
22

(5) If a statement is presented under Section 6, the
23

Prisoner Review Board or Department of Juvenile Justice
24

shall inform the victim of any order of discharge pursuant
25

to Section 3-2.5-85 or 3-3-8 of the Unified Code of
26

Corrections.

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(6) At the written or oral request of the victim of the
2

crime for which the prisoner was sentenced or the State's
3

Attorney of the county where the person seeking parole or
4

aftercare release was prosecuted, the Prisoner Review
5

Board or Department of Juvenile Justice shall notify the
6

victim and the State's Attorney of the county where the
7

person seeking parole or aftercare release was prosecuted
8

of the death of the prisoner if the prisoner died while on
9

parole or aftercare release or mandatory supervised
10

release.
11

(7) When a defendant who has been committed to the
12

Department of Corrections, the Department of Juvenile
13

Justice, or the Department of Human Services is released
14

or discharged and subsequently committed to the Department
15

of Human Services as a sexually violent person and the
16

victim had requested to be notified by the releasing
17

authority of the defendant's discharge, conditional
18

release, death, or escape from State custody, the
19

releasing authority shall provide to the Department of
20

Human Services such information that would allow the
21

Department of Human Services to contact the victim.
22

(8) When a defendant has been convicted of a sex
23

offense as defined in Section 2 of the Sex Offender
24

Registration Act and has been sentenced to the Department
25

of Corrections or the Department of Juvenile Justice, the
26

Prisoner Review Board or the Department of Juvenile

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1

Justice shall notify the victim of the sex offense of the
2

prisoner's eligibility for release on parole, aftercare
3

release, mandatory supervised release, electronic
4

detention, work release, international transfer or
5

exchange, or by the custodian of the discharge of any
6

individual who was adjudicated a delinquent for a sex
7

offense from State custody and by the sheriff of the
8

appropriate county of any such person's final discharge
9

from county custody. The notification shall be made to the
10

victim at least 30 days, whenever possible, before release
11

of the sex offender.
12

(e)
(Blank).

The officials named in this Section may
13
satisfy some or all of their obligations to provide notices
14
and other information through participation in a statewide
15
victim and witness notification system established by the
16
Attorney General under Section 8.5 of this Act.
17

(f) The Prisoner Review Board shall establish a toll-free
18
number that may be accessed by the crime victim to present a
19
victim statement to the Board in accordance with paragraphs
20
(4), (4-1), and (4-2) of subsection (d). The Prisoner Review
21
Board shall provide registered and identified victims with the
22
contact information for the State victim assistance hotline as
23
part of its process to obtain a victim witness statement and as
24
part of its notification.
25

(g) The Prisoner Review Board shall publish on its
26
official website, and provide to registered victims,

HB5052
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1
procedural information on how to submit victim statements.
2
(Source: P.A. 104-11, eff. 6-20-25; 104-173, eff. 1-1-26;
3
revised 11-21-25.)

4

Section 20.
The Address Confidentiality for Victims of
5
Domestic Violence, Sexual Assault, Human Trafficking, or
6
Stalking Act is amended by changing Sections 10, 15, 20, 25,
7
30, 35, and 40 as follows:

8

(750 ILCS 61/10)
9

Sec. 10.
Definitions.
In this Act, unless the context
10
otherwise requires:
11

"Confidential address" means the Illinois residential
12
street address of an individual that is not to be disclosed.

13

"Substitute address" means the address assigned to a
14
program participant by the Address Confidentiality Program.

15

"Address" means a residential street address, school
16
address, or work address of an individual, as specified on the
17
individual's application to be a program participant under
18
this Act.
19

"Program participant" means a person certified as a
20
program participant under this Act.
21

"Household member" means an individual residing at the
22
same Illinois residential street address as a program
23
participant who is the victim of domestic violence, sexual
24
assault, human trafficking, or stalking.

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1

"Eligible person" means a person 18 years of age or older
2
who is the victim of domestic violence, sexual assault, human
3
trafficking, or stalking; the parent or guardian of a minor or
4
disabled adult who is a victim of domestic violence, sexual
5
assault, human trafficking, or stalking; or a household member
6
of a victim of domestic violence, sexual assault, human
7
trafficking, or stalking.

8

"Domestic violence" has the same meaning as in the
9
Illinois Domestic Violence Act of 1986 and includes a threat
10
of domestic violence against an individual in a domestic
11
situation, regardless of whether the domestic violence or
12
threat has been reported to law enforcement officers.
13

"Human trafficking" means the practices set forth in
14
subsection (b), (c), or (d) of Section 10-9 of the Criminal
15
Code of 2012, regardless of whether the victim has reported
16
the trafficking to law enforcement officers.
17

"Sexual assault" has the same meaning as sexual conduct or
18
sexual penetration as defined in the Civil No Contact Order
19
Act. "Sexual assault" includes a threat of sexual assault,
20
regardless of whether the sexual assault or threat has been
21
reported to law enforcement officers.
22

"Stalking" has the same meaning as in the Stalking No
23
Contact Order Act. "Stalking" includes a threat of stalking,
24
regardless of whether the stalking or threat has been reported
25
to law enforcement officers.
26
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22
.)

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1

(750 ILCS 61/15)
2

Sec. 15.
Address confidentiality program; application;
3
certification.
4

(a)
An eligible applicant, as defined by this Section,

An
5
adult person, a parent or guardian acting on behalf of a minor,
6
or a guardian acting on behalf of a person with a disability,
7
as defined in Article 11a of the Probate Act of 1975,
may apply
8
to the Attorney General to have an address designated by the
9
Attorney General serve as the person's address or the address
10
of the minor or person with a disability. The Attorney General
11
shall approve an application if it is filed in the manner and
12
on the form prescribed by him or her and if it contains:
13

(1) a sworn statement by the applicant that the
14

applicant has good reason to believe (i) that the
15

applicant, or the minor or person with a disability on
16

whose behalf the application is made, is a victim of
17

domestic violence, sexual assault, human trafficking, or
18

stalking;
or

and
(ii)
the applicant is a household member
19

of a program participant;

that the applicant fears for his
20

or her safety or his or her children's safety, or the
21

safety of the minor or person with a disability on whose
22

behalf the application is made;

23

(1.3) a sworn statement that the applicant fears for
24

the applicant's safety or the applicant's children's
25

safety, or the safety of the minor or person with a

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1

disability on whose behalf the application is made, or the
2

safety of a household member;

3

(1.5) documentation supporting the statements made
4

under subsections (1) and (1.3);

5

(2) a designation of the Attorney General as agent for
6

purposes of service of process and receipt of mail;
7

(3)
an Illinois

a State
mailing address where the
8

applicant can be contacted by the Attorney General, and
9

the phone number or numbers where the applicant can be
10

called by the Attorney General;
11

(3.5) proof of
an Illinois

a State
residential street
12

address where the applicant resides or a signed statement
13

affirming the applicant's status as homeless in
Illinois
14

indicating that the applicant will be moving to an
15

Illinois residential street address within 30 days

this
16

State
;
17

(4) the new
Illinois residential street address
18

"confidential address"

address or addresses
that the
19

applicant requests not be disclosed for the reason that
20

disclosure will increase the risk of domestic violence,
21

sexual assault, human trafficking, or stalking; and
22

(5) the signature of the applicant and of any
23

individual or representative of any office designated in
24

writing under Section 40 of this Act who assisted in the
25

preparation of the application, and the date on which the
26

applicant signed the application.

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1

(a-1) For applicants applying on behalf of a minor or
2
person with a disability, the Attorney General may request
3
proof of guardianship, as defined in Article 11a of the
4
Probate Act of 1975, or proof of legal custody, as defined in
5
Section 10-20.12b of the School Code, before certifying a
6
minor or person with a disability as a program participant.

7

(b) Applications shall be filed with the office of the
8
Attorney General.
9

(c) Upon filing a properly completed application, the
10
Attorney General shall certify the applicant as a program
11
participant. Applicants shall be certified for 4 years
12
following the date of filing unless the certification is
13
withdrawn or invalidated before that date.
A participant whose
14
certification has not been withdrawn or cancelled may reapply
15
to the Address Confidentiality Program to renew the
16
applicant's certification for an additional 4 years.

The
17
Attorney General shall by rule establish a renewal procedure.
18

(d) A person who falsely attests in an application that
19
disclosure of the applicant's
confidential
address would
20
endanger the applicant's safety or the safety of the
21
applicant's children or the minor or
disabled

incapacitated

22
person on whose behalf the application is made,
or the safety
23
of a household member,
or who knowingly provides false or
24
incorrect information upon making an application, is guilty of
25
a Class 3 felony.
26
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22
.)

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1

(750 ILCS 61/20)
2

Sec. 20.
Certification cancellation.
3

(a) If the program participant obtains
a legal change of
4
identity to a new, unassociated name

a name change
,
the
5
applicant loses

he or she loses
certification as a program
6
participant.
7

(b) The Attorney General may cancel a program
8
participant's certification if
:
9

(1) a program participant fails to provide the
10

Attorney General with 7 days' notice before

there is
a
11

change in the
confidential
residential
street
address
,
12

phone number, or legal name,
from the one listed on the
13

application
;

, unless the program participant provides the
14

Attorney General within 7 days notice before the change of
15

address.
16

(2) mail forwarded by the Attorney General to the
17

program participant's confidential address is returned as
18

nondeliverable;
19

(3) a program participant fails to file a new
20

application within 30 days after becoming 18 years of age;
21

(4) a program participant is unable or unwilling to
22

maintain the confidentiality of the program participant's
23

confidential address;
24

(5) a program participant fails to respond to the
25

program's request for verification of the participant's

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1

residential address within 7 days; or
2

(6) a program participant is no longer an eligible
3

person as defined in Section 10.

4

(c)
A person whose certification is cancelled for any
5
reason listed in subsections (a) or (b) may reapply to the
6
program at any time after the person's certification has been
7
cancelled.

The Attorney General may cancel certification of a
8
program participant if mail forwarded by the Attorney General
9
to the program participant's address is returned as
10
nondeliverable.
11

(d) The Attorney General shall cancel certification of a
12
program participant who applies using false information.
13

(e) If a program participant loses certification or the
14
certification is cancelled, mail addressed to the former
15
program participant must be returned to the sender.

16
(Source: P.A. 91-494, eff. 1-1-00.)

17

(750 ILCS 61/25)
18

Sec. 25.
Agency use of designated address.
19

(a) A program participant may request that State and local
20
agencies use the
substitute
address designated by the Attorney
21
General as
the applicant's

his or her
address. When creating a
22
new public record, State and local agencies shall accept the
23
address designated by the Attorney General as a program
24
participant's substitute address, unless the Attorney General
25
has determined that:

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1

(1) the agency has a bona fide statutory or
2

administrative requirement for the use of the address that
3

would otherwise be confidential under this Act; and

4

(2) this address will be used only for those statutory
5

and administrative purposes.
6

(b) A program participant may use the
substitute address

7
address designated by the Attorney General
as
the applicant's

8
his or her
work address.
9

(c) The office of the Attorney General shall forward
only

10
all
first class mail to the appropriate program participants
11
within 7 business days. Mail for cancelled participants or
12
mail that cannot be forwarded within 7 business days shall be
13
returned to sender. Program participants who withdraw from the
14
program may provide a new mailing address and request to have
15
mail forwarded for 30 days following their withdrawal
.
16
(Source: P.A. 91-494, eff. 1-1-00.)

17

(750 ILCS 61/30)
18

Sec. 30.
Voting by program participant; use of designated
19
address by election authority.
20

(a) A program participant who is otherwise qualified to
21
vote may register to vote by submitting an Illinois Address
22
Confidentiality Program Voter Registration Application created
23
by the State Board of Elections to the appropriate election
24
authority. The State Board of Elections shall adopt rules to
25
ensure the integrity of the voting process and the

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1
confidentiality of the program participant. Upon request, the
2
election authority shall transmit the vote by mail ballot to
3
the program participant at the address designated by the
4
participant in
the applicant's

his or her
application. Neither
5
the name nor the address of a program participant shall be
6
included in any list of registered voters available to the
7
public.
8

(b) The election authority may not make the participant's
9
address contained in voter registration records available for
10
public inspection or copying except under the following
11
circumstances:
12

(1) if requested by a law enforcement agency, to the
13

law enforcement agency; and
14

(2) if directed by a court order, to a person
15

identified in the order.
16
(Source: P.A. 102-292, eff. 1-1-22
.)

17

(750 ILCS 61/35)
18

Sec. 35.
Disclosure of address prohibited; exceptions.
The
19
Attorney General may not make a program participant's
20
confidential
address
, other than the address designated by the
21
Attorney General,
available for inspection or copying, except
22
under the following circumstances:
23

(a) if requested by a law enforcement agency, to the
24

law enforcement agency;
25

(b) if directed by a court order, to a person

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1

identified in the order; and
2

(c) (blank).
3

A program participant's address and phone number on file
4
with the Attorney General are not subject to disclosure under
5
the Freedom of Information Act.
6
(Source: P.A. 102-292, eff. 1-1-22
.)

7

(750 ILCS 61/40)
8

Sec. 40.
Assistance for program applicants.
The Attorney
9
General
may

shall
designate State and local agencies and
10
nonprofit agencies that provide counseling and shelter
11
services to victims of domestic violence, sexual assault,
12
human trafficking, or stalking to assist persons applying to
13
be program participants. Any assistance and counseling
14
rendered by the office of the Attorney General or its
15
designees to applicants shall in no way be construed as legal
16
advice.
17
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22
.)

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INDEX

2

Statutes amended in order of appearance

3

410 ILCS 70/1a
from Ch. 111 1/2, par. 87-1a
4

410 ILCS 70/2-2 new
5

410 ILCS 70/5
from Ch. 111 1/2, par. 87-5
6

705 ILCS 405/5-905
7

725 ILCS 120/3
from Ch. 38, par. 1403
8

725 ILCS 120/4
9

725 ILCS 120/4.5
10

750 ILCS 61/10
11

750 ILCS 61/15
12

750 ILCS 61/20
13

750 ILCS 61/25
14

750 ILCS 61/30
15

750 ILCS 61/35
16

750 ILCS 61/40

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