Bill Status of HB 5573   100th General Assembly

Short Description:  CRIME VICTIM RIGHTS

House Sponsors
Rep. Christian L. Mitchell-John M. Cabello

Senate Sponsors
(Sen. Linda Holmes, Paul Schimpf and Michael E. Hastings)


Last Action  View All Actions

DateChamber Action
  8/19/2018HousePublic Act . . . . . . . . . 100-0961

Statutes Amended In Order of Appearance
705 ILCS 405/5-705
725 ILCS 120/3from Ch. 38, par. 1403
725 ILCS 120/4.5
725 ILCS 120/6from Ch. 38, par. 1406
730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4
730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1

Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that a crime victim shall be allowed to present an oral or written statement in any case in which: (1) a juvenile has been adjudicated delinquent for a violent crime after a bench or jury trial; or (2) the petition alleged the commission of a violent crime and the juvenile has been adjudicated delinquent under a plea agreement of a crime that is not a violent crime. Amends the Rights of Crime Victims and Witnesses Act. Makes changes to the definitions of "sentence", "sentencing", and "court proceeding". Defines "status hearing" and "support person". Provides that a party who intends to call an advocate as a witness at trial must seek permission of the court before the subpoena is issued. Provides that the party must file a written motion at least 90 days before trial that sets forth specifically the issues on which the advocate's testimony is sought and an offer of proof regarding: (1) the content of the anticipated testimony of the advocate; and (2) the relevance, admissibility, and materiality of the anticipated testimony in sufficient time to allow the court to rule and the victim to seek appellate review. Provides that if a victim has asserted the right to have a support person present at the court proceedings, the victim shall provide the name of the person the victim has chosen to be the victim's support person to the prosecuting attorney, who shall provide the name to defendant. Provides that if the defendant intends to call the support person as a witness at trial, the defendant must seek permission of the court before a subpoena is issued. Amends the Unified Code of Corrections. Provides that the court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. Provides that an oral statement includes the victim or a representative of the victim reading the written statement. Provides that victim and any person making an oral statement shall not be put under oath or subject to cross-examination. Makes other changes.

House Committee Amendment No. 1
Makes a technical change.

House Floor Amendment No. 2
Deletes language providing that the prosecutor shall call the support person as the first or second witness during the State's case-in chief. Deletes language providing that a defendant who intends to call the support person to testify to matters outside the scope of the prosecutor's direct examination shall be allowed to inquire into these matters during cross-examination of the support person. Provides that the court may allow the defendant to inquire about matters outside the scope of the direct examination during cross examination. Provides that if the court does not allow the defendant to inquire about matters outside the scope of the direct examination, the support person shall be allowed to remain in the courtroom after the support person has been called by the defendant or the defendant has rested. Provides that the court shall allow the support person to testify in the State's rebuttal.

Senate Committee Amendment No. 1
Provides that a crime victim shall be allowed to present an oral and written victim impact statement at a hearing ordered by the court under the Mental Health and Developmental Disabilities Code to determine if the defendant is: (1) in need of mental health services on an inpatient basis; (2) in need of mental health services on an outpatient basis; or (3) not in need of mental health services unless the defendant was under 18 years of age at the time the offense was committed. If a provision of the statute concerning victim impact statements or its application to any person or circumstance is held invalid, the invalidity of that provision does not affect any other provision or application that can be given effect without the invalid provision or application. Provides that the provision that allows a crime victim to make a written and oral statement does not apply if the defendant was under 18 years of age at the time the offense was committed.

Actions 
DateChamber Action
  2/16/2018HouseFiled with the Clerk by Rep. Christian L. Mitchell
  2/16/2018HouseFirst Reading
  2/16/2018HouseReferred to Rules Committee
  3/5/2018HouseAssigned to Judiciary - Criminal Committee
  3/6/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Christian L. Mitchell
  3/6/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2018HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/9/2018HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/9/2018HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 012-000-000
  4/10/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/10/2018HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  4/13/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Christian L. Mitchell
  4/13/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/18/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/23/2018HouseSecond Reading - Short Debate
  4/23/2018HouseHouse Floor Amendment No. 2 Adopted
  4/23/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/26/2018HouseThird Reading - Short Debate - Passed 110-000-000
  5/1/2018SenateArrive in Senate
  5/1/2018SenatePlaced on Calendar Order of First Reading
  5/1/2018SenateChief Senate Sponsor Sen. Linda Holmes
  5/1/2018SenateFirst Reading
  5/1/2018SenateReferred to Assignments
  5/9/2018SenateAdded as Alternate Co-Sponsor Sen. Paul Schimpf
  5/11/2018SenateRule 2-10 Committee Deadline Established As May 31, 2018
  5/18/2018SenateAssigned to Criminal Law
  5/21/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Linda Holmes
  5/21/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/21/2018SenateWaive Posting Notice
  5/21/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/22/2018SenateSenate Committee Amendment No. 1 Adopted
  5/22/2018SenateDo Pass as Amended Criminal Law; 011-000-000
  5/22/2018SenatePlaced on Calendar Order of 2nd Reading May 23, 2018
  5/23/2018SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/23/2018SenateSecond Reading
  5/23/2018SenatePlaced on Calendar Order of 3rd Reading May 24, 2018
  5/25/2018SenateThird Reading - Passed; 049-000-000
  5/25/2018HouseArrived in House
  5/25/2018HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2018HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Christian L. Mitchell
  5/28/2018HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2018HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2018HouseSenate Committee Amendment No. 1 House Concurs 109-000-000
  5/31/2018HouseHouse Concurs
  5/31/2018HousePassed Both Houses
  6/29/2018HouseSent to the Governor
  8/19/2018HouseGovernor Approved
  8/19/2018HouseEffective Date January 1, 2019
  8/19/2018HousePublic Act . . . . . . . . . 100-0961

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