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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Rights of Crime Victims and Witnesses Act is | |||||||||||||||||||||||
5 | amended by changing Sections 3, 4, and 6 as follows:
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6 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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7 | Sec. 3. The terms used in this Act, unless the context | |||||||||||||||||||||||
8 | clearly
requires otherwise, shall have the following meanings:
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9 | (a) "Crime victim" means (1) a person physically injured in | |||||||||||||||||||||||
10 | this State as a
result of a violent crime perpetrated or | |||||||||||||||||||||||
11 | attempted against that person or (2) a
person who suffers | |||||||||||||||||||||||
12 | injury to or loss of property as a result of a violent crime
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13 | perpetrated or attempted against that person or (3) both | |||||||||||||||||||||||
14 | parents, legal guardians, foster parents, or a single adult
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15 | representative who
may be the spouse, parent, child or sibling | |||||||||||||||||||||||
16 | of a person killed as a result of a
violent crime perpetrated | |||||||||||||||||||||||
17 | against the person killed or the spouse, parent,
child or | |||||||||||||||||||||||
18 | sibling of any person granted rights under this Act who is | |||||||||||||||||||||||
19 | physically
or mentally incapable of exercising such rights, | |||||||||||||||||||||||
20 | except where the spouse,
parent, child or sibling is also the | |||||||||||||||||||||||
21 | defendant or prisoner or (4) any person
against whom a violent | |||||||||||||||||||||||
22 | crime has been committed or (5) any person
who has suffered | |||||||||||||||||||||||
23 | personal injury as a result of a violation of Section 11-501
of |
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1 | the Illinois Vehicle Code, or of a similar provision of a local | ||||||
2 | ordinance,
or of Section 9-3 of the Criminal Code of 1961, as | ||||||
3 | amended or (6) in proceedings under the Juvenile Court Act of | ||||||
4 | 1987, both parents of a deceased minor who is a crime victim;
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5 | (b) "Witness" means any person who personally observed the | ||||||
6 | commission of
a violent crime and who will testify on behalf of | ||||||
7 | the State of Illinois in
the criminal prosecution of the | ||||||
8 | violent crime;
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9 | (c) "Violent Crime" means any felony in which force or | ||||||
10 | threat of force was
used against the victim, or any offense | ||||||
11 | involving sexual exploitation, sexual
conduct or sexual | ||||||
12 | penetration, domestic battery, violation of an order of
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13 | protection, stalking, or any misdemeanor which results in death | ||||||
14 | or great bodily
harm to the victim or any violation of Section | ||||||
15 | 9-3 of the Criminal Code of
1961, or Section 11-501 of the | ||||||
16 | Illinois Vehicle
Code, or a similar provision of a local | ||||||
17 | ordinance, if the violation resulted
in personal injury or | ||||||
18 | death, and includes any action committed by a juvenile
that | ||||||
19 | would be a violent crime if committed by an adult. For the | ||||||
20 | purposes of
this paragraph, "personal injury" shall include any | ||||||
21 | Type A injury as indicated
on the traffic accident report | ||||||
22 | completed by a law enforcement officer that
requires immediate | ||||||
23 | professional attention in either a doctor's office or
medical | ||||||
24 | facility. A type A injury shall include severely bleeding | ||||||
25 | wounds,
distorted extremities, and injuries that require the | ||||||
26 | injured party to be
carried from the scene;
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1 | (d) "Sentencing Hearing" means any hearing where a sentence | ||||||
2 | is imposed
by the court on a convicted defendant and includes | ||||||
3 | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||||||
4 | and 5-7-7 of the Unified Code of
Corrections except those cases | ||||||
5 | in which both parties have agreed to the
imposition of a | ||||||
6 | specific sentence.
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7 | (e) "Court proceedings" includes the preliminary hearing, | ||||||
8 | any hearing the
effect of which may be the release of the | ||||||
9 | defendant from custody or to alter
the conditions of bond, the | ||||||
10 | trial, sentencing hearing, notice of appeal, any
modification | ||||||
11 | of sentence, probation revocation hearings or parole hearings.
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12 | (Source: P.A. 94-271, eff. 1-1-06.)
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13 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
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14 | Sec. 4. Rights of crime victims.
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15 | (a) Crime victims shall have the following rights:
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16 | (1) The right to be treated with fairness and respect | ||||||
17 | for their dignity
and privacy throughout the criminal | ||||||
18 | justice process.
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19 | (2) The right to notification of court proceedings.
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20 | (3) The right to communicate with the prosecution.
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21 | (4) The right to make a statement to the court at | ||||||
22 | sentencing.
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23 | (5) The right to information about the conviction, | ||||||
24 | sentence, imprisonment
and release of the accused.
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25 | (6) The right to the timely disposition of the case |
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1 | following the arrest
of the accused.
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2 | (7) The right to be reasonably protected from the | ||||||
3 | accused through the
criminal justice process.
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4 | (8) The right to be present at the trial and all other | ||||||
5 | court proceedings
on the same basis as the accused, unless | ||||||
6 | the victim is to testify and the court
determines that the | ||||||
7 | victim's testimony would be materially affected if the
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8 | victim hears other testimony at the trial.
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9 | (9) the right to have present at all court proceedings, | ||||||
10 | including proceedings under the Juvenile Court Act of 1987, | ||||||
11 | subject to the admonition of the rules of confidentiality | ||||||
12 | and subject to the
rules of evidence, a victim-witness | ||||||
13 | specialist, an advocate or other support person of the | ||||||
14 | victim's choice.
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15 | (10) The right to restitution.
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16 | (b) A statement and explanation of the rights of crime | ||||||
17 | victims set forth in
paragraph (a) of this Section shall be | ||||||
18 | given to a crime victim at the initial
contact with the | ||||||
19 | criminal justice system by the appropriate authorities and
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20 | shall be conspicuously posted in all court facilities.
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21 | (Source: P.A. 87-224; 88-489.)
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22 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
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23 | Sec. 6. Rights to present victim impact statement.
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24 | (a) In any case where a defendant has been convicted of a | ||||||
25 | violent crime or a
juvenile has been adjudicated a delinquent |
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1 | for a violent crime and a victim of the violent crime or the | ||||||
2 | victim's spouse,
guardian, parent, grandparent, or other | ||||||
3 | immediate family or household member is present in
the
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4 | courtroom at the time of the sentencing or the disposition | ||||||
5 | hearing,
the victim or his or her representative shall have the | ||||||
6 | right and the victim's
spouse, guardian, parent, grandparent, | ||||||
7 | and other immediate
family or household member upon his, her, | ||||||
8 | or
their request may be permitted by the court to address the
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9 | court regarding the impact that the defendant's criminal | ||||||
10 | conduct
or the
juvenile's delinquent conduct has had upon them | ||||||
11 | and the victim.
The court has discretion to determine the | ||||||
12 | number of oral presentations of victim impact statements.
Any | ||||||
13 | impact
statement must have been prepared in writing in | ||||||
14 | conjunction with the Office
of the State's Attorney prior to | ||||||
15 | the initial hearing or sentencing, before
it can be presented | ||||||
16 | orally or in writing at the sentencing hearing. In
conjunction | ||||||
17 | with the Office of the State's Attorney, a victim impact | ||||||
18 | statement
that is presented orally may be done so by the victim | ||||||
19 | or the victim's spouse,
guardian, parent, grandparent, or other | ||||||
20 | immediate family or household member or
his,
her, or their
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21 | representative. At the sentencing hearing, the prosecution may | ||||||
22 | introduce
that evidence either in its
case in chief or in | ||||||
23 | rebuttal. The court shall
consider any impact statement | ||||||
24 | admitted
along with
all
other appropriate factors in | ||||||
25 | determining the sentence of the defendant or
disposition of | ||||||
26 | such juvenile.
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1 | (b) The crime victim has the right to prepare a victim | ||||||
2 | impact statement
and present it to the Office of the State's | ||||||
3 | Attorney at any time during the
proceedings. Any written victim | ||||||
4 | impact statement submitted to the Office of the State's | ||||||
5 | Attorney shall be considered by the court during its | ||||||
6 | consideration of aggravation and mitigation in plea | ||||||
7 | proceedings under Supreme Court Rule 402.
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8 | (c) This Section shall apply to any victims of a violent | ||||||
9 | crime during any
dispositional hearing under Section 5-705 of | ||||||
10 | the Juvenile Court
Act of 1987 which takes place pursuant to an | ||||||
11 | adjudication or trial or plea of
delinquency for any such | ||||||
12 | offense.
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13 | (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
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