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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0893
Introduced 2/2/2005, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/6 |
from Ch. 38, par. 1406 |
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Amends the Rights of Crime Victims and Witnesses Act. Provides that if a violent crime has an impact on the community where the incident took place, the State's Attorney for that county may request any one person, association, or other group of persons to prepare a community impact statement in writing in conjunction with the State's Attorney's Office prior to the imposition of the sentence on a defendant or dispositional hearing. Allows only one community impact statement to be admitted in court for consideration at the sentencing or dispositional hearing. Provides that a community impact statement may be presented in addition to a victim impact statement. Defines "community impact statement" and "community".
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A BILL FOR
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HB0893 |
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LRB094 07423 RXD 37585 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 and a victim of the violent crime or the |
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| victim's spouse,
guardian, parent, grandparent, or other |
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| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition |
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| hearing,
the victim or his or her representative shall have the |
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| right and the victim's
spouse, guardian, parent, grandparent, |
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| and other immediate
family or household member upon his, her, |
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| or
their request may be permitted by the court to address the
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| court regarding the impact that the defendant's criminal |
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| conduct
or the
juvenile's delinquent conduct has had upon them |
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| and the victim.
The court has discretion to determine the |
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| number of oral presentations of victim impact statements.
Any |
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| 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 |
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| rebuttal. The court shall
consider any impact statement |