Summary as Introduced
Creates the Homicide Victims' Families' Rights Act. Provides for the review of the case file of open unresolved murders. Defines "open unresolved murder" as any criminal activity in which death occurred more than 3 years prior to the date of the application for review of the case file under the Act, for which all probative investigative leads have been exhausted, and for which no likely perpetrator has been identified. Provides that the person or persons performing the review shall not have previously investigated the murder. Provides that only one case review shall be undertaken at any one time with respect to the same murder victim. Provides that each law enforcement agency shall develop a written application to be used for persons to request a case file review. Provides that the applicable agency shall conduct a full reinvestigation of the murder if the review of the case file concludes that a full reinvestigation of the murder would result in probative investigative leads. Provides for the compilation and publication of specified information and statistics regarding open unresolved murders by the Illinois Criminal Justice Information Authority. Provides that each law enforcement agency shall employ or designate a minimum number of family liaison officers proportionate to the average number of homicides in the agency's jurisdiction within the previous 5 years of the date of employment with the maximum ratio of 40 homicides per each family liaison officer employed or designated. Each agency may establish a lower ratio for hiring or designating of family liaison officers. Establishes the duties and training for family liaison officers. Amends the Illinois Criminal Justice Information Act to make conforming changes.
Staff Analysis
House Bill 3632 proposes the creation of the Homicide Victims’ Families’ Rights Act, aimed at improving the responsiveness and accountability of law enforcement agencies in handling long-term unresolved homicide cases. The bill introduces several key provisions designed to standardize case review processes, enhance transparency, and improve communication with victims’ families.
The introduced bill was opposed by the Illinois Sheriff's Association (ISA), the Illinois Association of Chiefs of Police and several municipal law enforcement agencies.
Key Provisions:
1. Definition of “Open Unresolved Murder”:
The Act defines this term to mean homicide cases where the death occurred more than three years prior to the application for review, all investigative leads have been exhausted, and no likely perpetrator has been identified. This definition establishes clear eligibility criteria for review.
2. Case File Review Requirements:
The bill mandates that a case file review be conducted by individuals who were not previously involved in the investigation of the murder. This requirement is intended to ensure objectivity and a fresh perspective during the review process.
3. Limit on Concurrent Reviews:
Only one review may be conducted at a time for each murder victim, which is likely intended to preserve the quality and focus of the review process.
4. Application for Review:
Law enforcement agencies must create a standardized written application for individuals (presumably family members or other stakeholders) to request a case review. This ensures accessibility and uniformity in how review requests are handled.
5. Trigger for Reinvestigation:
If the initial case file review indicates that new investigative leads may result from a reinvestigation, the law enforcement agency is required to undertake a full reinvestigation of the case. This creates a formal pathway from case review to renewed investigative action.
6. Data Transparency and Reporting:
The Illinois Criminal Justice Information Authority (ICJIA) is tasked with compiling and publishing statistics and information related to unresolved homicides. This supports public transparency and could help inform statewide policy responses.
7. Family Liaison Officers:
The bill requires law enforcement agencies to assign or hire family liaison officers based on recent homicide averages in their jurisdiction, with a maximum caseload ratio of 40 homicides per liaison officer. These officers are intended to serve as points of contact and support for victims’ families and must receive relevant training. Agencies are also allowed to set lower ratios if they choose, potentially increasing service quality.
8. Conforming Changes to the Illinois Criminal Justice Information Act:
The bill also amends existing law to align with the provisions introduced under this new Act.
Summary:
The Homicide Victims’ Families’ Rights Act proposes a structured, victim-centered framework for reviewing cold cases. It emphasizes objectivity, transparency, and improved family communication. By institutionalizing review and reinvestigation standards, the bill aims to increase accountability in unsolved homicide cases while enhancing support services for affected families.
House Amendment 1 (Adopted)
House Amendment 1 to HB 3632 significantly narrows and modifies the scope and implementation of the Homicide Victims’ Families’ Rights Act as introduced. The Illinois Sheriff's Association took "no position" on the bill as amended.
The changes introduced by the amendment include the following:
1. Exclusion of State Law Enforcement Agencies:
The amendment revises the definition of “agency” to explicitly exclude state-level law enforcement entities. This means the bill’s requirements would not apply to entities such as the Illinois State Police.
2. Exception for Small Jurisdictions:
The provision that prohibits individuals who previously investigated a murder case from conducting the case file review is revised. This restriction no longer applies to law enforcement agencies located in counties or municipalities with fewer than 35,000 residents. This allows smaller jurisdictions with limited personnel to reassign past investigators to review cold cases if necessary.
3. Flexibility in Reinvestigation Team Composition:
The amendment allows individuals who previously investigated a murder to participate in the full reinvestigation as long as at least one other person involved in the reinvestigation has not previously worked on the case. This change introduces flexibility in personnel assignment while maintaining some level of independent review.
4. Geographic Limitation:
The bill’s provisions are limited to law enforcement agencies that operate entirely within counties with populations of 3,000,000 or more. In practical terms, this restricts the scope of the Act to Cook County, which is the only county in Illinois with a population that meets this threshold.
In summary, the amendment tailors the application of the Homicide Victims’ Families’ Rights Act to large, urban jurisdictions—namely Cook County—and provides exemptions and added flexibility for smaller jurisdictions and personnel limitations. It narrows the overall impact of the original bill by limiting which agencies are covered and easing some procedural requirements.