Public Act 093-0819
 
HB4777 Enrolled LRB093 15194 RLC 40790 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Section 6 as follows:
 
    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
    Sec. 6. Rights to present victim impact statement.
    (a) In any case where a defendant has been convicted of a
violent crime or a juvenile has been adjudicated a delinquent
for a violent crime except those in which both parties have
agreed to the imposition of a specific sentence, and a victim
of the violent crime or the victim's spouse, guardian, parent,
grandparent, or other immediate family or household member is
present in the courtroom at the time of the sentencing or the
disposition hearing, the victim or his or her representative
shall have the right and the victim's spouse, guardian, parent,
grandparent, and or other immediate family or household member
upon his, her, or their request may be permitted by the court
to address the court regarding the impact that the defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon them and the victim. The court has discretion to determine
the number of oral presentations of victim impact statements.
Any impact statement must have been prepared in writing in
conjunction with the Office of the State's Attorney prior to
the initial hearing or sentencing, before it can be presented
orally or in writing at the sentencing hearing. In conjunction
with the Office of the State's Attorney, a victim impact
statement that is presented orally may be done so by the victim
or the victim's spouse, guardian, parent, grandparent, or other
immediate family or household member or his, her, or their
representative. At the sentencing hearing, the prosecution may
introduce that evidence either in its case in chief or in
rebuttal. The court shall consider any impact statement
admitted along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
    (b) The crime victim has the right to prepare a victim
impact statement and present it to the Office of the State's
Attorney at any time during the proceedings. Any written victim
impact statement submitted to the Office of the State's
Attorney shall be considered by the court during its
consideration of aggravation and mitigation in plea
proceedings under Supreme Court Rule 402.
    (c) This Section shall apply to any victims of a violent
crime during any dispositional hearing under Section 5-705 of
the Juvenile Court Act of 1987 which takes place pursuant to an
adjudication of delinquency for any such offense.
(Source: P.A. 91-693, eff. 4-13-00; 92-412, eff. 1-1-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.