HB4777 Enrolled

LRB093 15194 RLC 40790 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Rights of Crime Victims and Witnesses Act is 
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amended  by changing Section 6 as follows:
 



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    (725 ILCS 120/6)  (from Ch. 38, par. 1406)



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    Sec. 6. Rights to present victim impact statement. 

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    (a) In any case where a defendant has been convicted of a 
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violent crime or a
juvenile has been adjudicated a delinquent 
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for a violent crime except
those in which both parties have 
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agreed to the imposition of a specific
sentence, and a victim 
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of the violent crime or the victim's spouse,
guardian, parent, 
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grandparent, or other immediate family or household member is 
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present in
the
courtroom at the time of the sentencing or the 
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disposition hearing,
the victim or his or her representative 
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shall have the right and the victim's
spouse, guardian, parent, 
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grandparent, and
or other immediate
family or household member 
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upon his, her, or
their request may be permitted by the court 
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to address the
court regarding the impact that the defendant's 
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criminal conduct
or the
juvenile's delinquent conduct has had 
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upon them and the victim.
The court has discretion to determine 
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the number of oral presentations of victim impact statements.

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Any impact
statement must have been prepared in writing in 
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conjunction with the Office
of the State's Attorney prior to 
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the initial hearing or sentencing, before
it can be presented 
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orally or in writing at the sentencing hearing.  In
conjunction 
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with the Office of the State's Attorney, a victim impact 
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statement
that is presented orally may be done so by the victim 
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or the victim's spouse,
guardian, parent, grandparent, or other 
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immediate family or household member or
his,
her, or their

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representative.  At the sentencing hearing, the prosecution may 
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introduce
that evidence either in its
case in chief or in 
 


 






HB4777 Enrolled
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LRB093 15194 RLC 40790 b




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rebuttal.  The court shall
consider any impact statement 
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admitted
along with
all
other appropriate factors in 
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determining the sentence of the defendant or
disposition of 
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such juvenile.

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    (b) The crime victim has the right to prepare a victim 
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impact statement
and present it to the Office of the State's 
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Attorney at any time during the
proceedings. Any written victim 
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impact statement submitted to the Office of the State's 
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Attorney shall be considered by the court during its 
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consideration of aggravation and mitigation in plea 
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proceedings under Supreme Court Rule 402.


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    (c) This Section shall apply to any victims of a violent 
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crime during any
dispositional hearing under Section 5-705 of 
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the Juvenile Court
Act of 1987 which takes place pursuant to an 
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adjudication of
delinquency for any such offense.

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(Source: P.A. 91-693, eff. 4-13-00; 92-412, eff. 1-1-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.