HC0019 96TH GENERAL ASSEMBLY

LRB096 09129 RLC 19277 e

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0019

Introduced 2/18/2009, by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:

ILCON Art. 1, Sec. 8.1

Proposes to amend the Bill of Rights Article of the Illinois Constitution relating to crime victim rights. Proposes that victims' rights apply in juvenile delinquency proceedings and post-judgment proceedings. Proposes that a crime victim has the right to: (1) have the defendant, any person acting on the defendant's behalf, and the attorney of record prevented from obtaining confidential information or records that could be used to locate or harass the victim or victim's family, that disclose confidential communications made in the course of medical or counseling treatment, or that are otherwise privileged or confidential by law; (2) be heard in person or in any other manner the victim chooses, upon request, at any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue; (3) receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law; (4) be present, upon request, at all post-judgment proceedings; and (5) have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made. Proposes to define "crime victim". Effective upon being declared adopted.

A BILL FOR

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 8.1 of Article I of the Illinois Constitution as follows:

ARTICLE I

BILL OF RIGHTS

(ILCON Art. 1, Sec. 8.1)

SECTION 8.1. CRIME VICTIM'S RIGHTS.

(a) To preserve and protect a victim's right to justice and due process, a crime victim Crime victims, as defined by law, shall have the following rights in criminal and juvenile delinquency proceedings as provided by law:

(1) The right to be treated with fairness and respect for the victim's their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal or juvenile justice process.

(2) The right to have the defendant, any person acting on the defendant's behalf, and the attorney of record prevented from obtaining confidential information or records that could be used to locate or harass the victim or victim's family, that disclose confidential communications made in the course of medical or counseling treatment, or that are otherwise privileged or confidential by law.

(3) (2) The right to timely notification of court proceedings and any related post-judgment proceedings.

(4) (3) The right to confer communicate with the prosecution.

(5) (4) The right to be heard in person or in any other manner the victim chooses, upon request, at any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue. The right to receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law make a statement to the court at sentencing.

(6) (5) The right to be informed of information about the conviction, the sentence, any proposal to reduce the sentence or that would result in release, the imprisonment, and the release of the accused.

(7) (6) The right to timely disposition of the case following the arrest of the accused, including related post-judgment proceedings.

(8) (7) The right to be reasonably protected from the accused throughout the criminal or juvenile justice process. The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail and release conditions for the defendant.

(9) (8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

(10) (9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice.

(11) (10) The right to restitution.

(12) The right to be present, upon request, at all post-judgment proceedings.

(13) The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made.

(b) Definition. For the purposes of this Section, the term "crime victim" means a person directly and proximately harmed as a result of the commission of a criminal or juvenile offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court may assume the crime victim's rights under this Section, but in no event shall the defendant be named as such guardian or representative.

(c) A victim, a lawful representative of the victim including the victim's lawyer, or the prosecuting attorney upon request of the victim may assert the rights enumerated in subsection (a) in any circuit or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.

(b) The General Assembly may provide by law for the enforcement of this Section.

(d) (c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights.

(e) (d) Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction. This Section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court or a ground for appellate relief in any criminal case.

(Source: Amendment adopted at general election November 3, 1992.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.