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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 2. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 9-3 and 12-2 as follows:
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6 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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7 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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8 | (a) A person who unintentionally kills an individual | ||||||
9 | without lawful
justification commits involuntary manslaughter | ||||||
10 | if his acts whether lawful
or unlawful which cause the death | ||||||
11 | are such as are likely to cause death or
great bodily harm to | ||||||
12 | some individual, and he performs them recklessly,
except in | ||||||
13 | cases in which the cause of the death consists of the driving | ||||||
14 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||
15 | vehicle, or watercraft,
in which case the person commits | ||||||
16 | reckless homicide. A person commits reckless homicide if he or | ||||||
17 | she unintentionally kills an individual while driving a vehicle | ||||||
18 | and using an incline in a roadway, such as a railroad crossing, | ||||||
19 | bridge
approach, or hill, to cause the vehicle to become | ||||||
20 | airborne.
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21 | (b) (Blank).
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22 | (c) (Blank).
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23 | (d) Sentence.
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1 | (1) Involuntary manslaughter is a Class 3 felony.
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2 | (2) Reckless homicide is a Class 3 felony.
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3 | (e) (Blank).
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4 | (e-5) (Blank).
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5 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
6 | cases involving
reckless homicide in which the defendant : (1)
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7 | was
driving in a construction or maintenance zone, as defined | ||||||
8 | in Section 11-605
of the Illinois Vehicle Code , or (2) was | ||||||
9 | operating a vehicle while failing or refusing to comply with | ||||||
10 | any lawful order or direction of any authorized police officer | ||||||
11 | or traffic control aide engaged in traffic control ,
the penalty | ||||||
12 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
13 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
14 | 3 years and not more than 14 years.
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15 | (e-8) In cases involving reckless homicide in which the | ||||||
16 | defendant caused the deaths of 2 or more persons as part of a | ||||||
17 | single course of conduct and: (1) was
driving in a construction | ||||||
18 | or maintenance zone, as defined in Section 11-605
of the | ||||||
19 | Illinois Vehicle Code, or (2) was operating a vehicle while | ||||||
20 | failing or refusing to comply with any lawful order or | ||||||
21 | direction of any authorized police officer or traffic control | ||||||
22 | aide engaged in traffic control
and caused the deaths of 2 or | ||||||
23 | more persons as
part of a single course of conduct ,
the penalty | ||||||
24 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
25 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
26 | 6 years and not more than 28 years.
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1 | (e-9) In cases involving reckless homicide in which the | ||||||
2 | defendant drove a vehicle and used an incline in a roadway, | ||||||
3 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
4 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
5 | more persons as
part of a single course of conduct,
the penalty | ||||||
6 | is a Class 2 felony.
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7 | (f) In cases involving involuntary manslaughter in which | ||||||
8 | the victim was a
family or household member as defined in | ||||||
9 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
10 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
11 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
12 | sentenced to a term of
not less than 3 years and not more than | ||||||
13 | 14 years.
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14 | (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | ||||||
15 | eff. 7-18-03; 93-682, eff. 1-1-05.)
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16 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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17 | Sec. 12-2. Aggravated assault.
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18 | (a) A person commits an aggravated assault, when, in | ||||||
19 | committing an
assault, he:
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20 | (1) Uses a deadly weapon or any device manufactured and | ||||||
21 | designed to be
substantially similar in appearance to a | ||||||
22 | firearm, other than by
discharging a firearm in the | ||||||
23 | direction of another person, a peace
officer, a person | ||||||
24 | summoned or directed by a peace officer, a correctional
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25 | officer or a fireman or in the direction of a vehicle |
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1 | occupied by another
person, a peace officer, a person | ||||||
2 | summoned or directed by a peace officer,
a correctional | ||||||
3 | officer or a fireman while the officer or fireman is
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4 | engaged in the execution of any of his official duties, or | ||||||
5 | to prevent the
officer or fireman from performing his | ||||||
6 | official duties, or in retaliation
for the officer or | ||||||
7 | fireman performing his official duties;
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8 | (2) Is hooded, robed or masked in such manner as to | ||||||
9 | conceal his
identity or any device manufactured and | ||||||
10 | designed to be substantially
similar in appearance to a | ||||||
11 | firearm;
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12 | (3) Knows the individual assaulted to be a teacher or | ||||||
13 | other person
employed in any school and such teacher or | ||||||
14 | other employee is upon the
grounds of a school or grounds | ||||||
15 | adjacent thereto, or is in any part of a
building used for | ||||||
16 | school purposes;
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17 | (4) Knows the individual assaulted to be a supervisor, | ||||||
18 | director,
instructor or other person employed in any park | ||||||
19 | district and such
supervisor, director, instructor or | ||||||
20 | other employee is upon the grounds of
the park or grounds | ||||||
21 | adjacent thereto, or is in any part of a building used
for | ||||||
22 | park purposes;
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23 | (5) Knows the individual assaulted to be a caseworker, | ||||||
24 | investigator, or
other person employed by the Department of | ||||||
25 | Healthcare and Family Services (formerly State Department | ||||||
26 | of Public Aid ) , a
County
Department of Public Aid, or the |
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1 | Department of Human Services (acting as
successor to the | ||||||
2 | Illinois Department of Public Aid under the Department of
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3 | Human Services Act) and such caseworker, investigator, or | ||||||
4 | other person
is upon the grounds of a public aid office or | ||||||
5 | grounds adjacent thereto, or
is in any part of a building | ||||||
6 | used for public aid purposes, or upon the
grounds of a home | ||||||
7 | of a public aid applicant, recipient or any other person
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8 | being interviewed or investigated in the employees' | ||||||
9 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
10 | is in any part of a building in
which the applicant, | ||||||
11 | recipient, or other such person resides or is located;
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12 | (6) Knows the individual assaulted to be a peace | ||||||
13 | officer, or a community
policing volunteer, or a fireman
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14 | while the officer or fireman is engaged in the execution of | ||||||
15 | any of his
official duties, or to prevent the officer, | ||||||
16 | community policing volunteer,
or fireman from performing
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17 | his official duties, or in retaliation for the officer, | ||||||
18 | community policing
volunteer, or fireman
performing his | ||||||
19 | official duties, and the assault is committed other than by
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20 | the discharge of a firearm in the direction of the officer | ||||||
21 | or fireman or
in the direction of a vehicle occupied by the | ||||||
22 | officer or fireman;
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23 | (7) Knows the individual assaulted to be
an emergency | ||||||
24 | medical technician - ambulance, emergency medical
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25 | technician - intermediate, emergency medical technician - | ||||||
26 | paramedic, ambulance
driver or other medical
assistance or |
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1 | first aid personnel engaged in the
execution of any of his | ||||||
2 | official duties, or to prevent the
emergency medical | ||||||
3 | technician - ambulance, emergency medical
technician - | ||||||
4 | intermediate, emergency medical technician - paramedic,
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5 | ambulance driver, or other medical assistance or first aid | ||||||
6 | personnel from
performing his official duties, or in | ||||||
7 | retaliation for the
emergency medical technician - | ||||||
8 | ambulance, emergency medical
technician - intermediate, | ||||||
9 | emergency medical technician - paramedic,
ambulance | ||||||
10 | driver, or other medical assistance or first aid personnel
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11 | performing his official duties;
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12 | (8) Knows the individual assaulted to be the driver, | ||||||
13 | operator, employee
or passenger of any transportation | ||||||
14 | facility or system engaged in the
business of | ||||||
15 | transportation of the public for hire and the individual
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16 | assaulted is then performing in such capacity or then using | ||||||
17 | such public
transportation as a passenger or using any area | ||||||
18 | of any description
designated by the transportation | ||||||
19 | facility or system as a vehicle boarding,
departure, or | ||||||
20 | transfer location;
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21 | (9) Or the individual assaulted is on or about a public | ||||||
22 | way, public
property, or public place of accommodation or | ||||||
23 | amusement;
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24 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
25 | publicly or privately owned sports or entertainment arena, | ||||||
26 | stadium, community or convention hall, special event |
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1 | center, amusement facility, or a special event center in a | ||||||
2 | public park during any 24-hour period when a professional | ||||||
3 | sporting event, National Collegiate Athletic Association | ||||||
4 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
5 | Committee-sanctioned sporting event, or International | ||||||
6 | Olympic Committee-sanctioned sporting event is taking | ||||||
7 | place in this venue;
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8 | (10) Knows the individual assaulted to be an employee | ||||||
9 | of the State of
Illinois, a municipal corporation therein | ||||||
10 | or a political subdivision
thereof, engaged in the | ||||||
11 | performance of his authorized duties as such
employee;
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12 | (11) Knowingly and without legal justification, | ||||||
13 | commits an assault on
a physically handicapped person;
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14 | (12) Knowingly and without legal justification, | ||||||
15 | commits an assault on a
person 60 years of age or older;
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16 | (13) Discharges a firearm;
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17 | (14) Knows the individual assaulted to be a | ||||||
18 | correctional officer, while
the officer is engaged in the | ||||||
19 | execution of any of his or her official duties,
or to | ||||||
20 | prevent the officer from performing his or her official | ||||||
21 | duties, or in
retaliation for the officer performing his or | ||||||
22 | her official duties;
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23 | (15) Knows the individual assaulted to be a | ||||||
24 | correctional employee or
an employee of the Department of | ||||||
25 | Human Services supervising or controlling
sexually | ||||||
26 | dangerous persons or sexually violent persons, while
the |
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1 | employee is engaged in the execution of any of his or her | ||||||
2 | official duties,
or to prevent the employee from performing | ||||||
3 | his or her official duties, or in
retaliation for the | ||||||
4 | employee performing his or her official duties, and the
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5 | assault is committed other than by the discharge of a | ||||||
6 | firearm in the direction
of the employee or in the | ||||||
7 | direction of a vehicle occupied by the employee;
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8 | (16) Knows the individual assaulted to be an employee | ||||||
9 | of a police or
sheriff's department , or a person who is | ||||||
10 | employed by a municipality and whose duties include traffic | ||||||
11 | control, engaged in the performance of his or her official | ||||||
12 | duties
as such employee; or
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13 | (17) Knows the individual assaulted to be a sports | ||||||
14 | official or coach at any level of competition and the act | ||||||
15 | causing the assault to the sports official or coach | ||||||
16 | occurred within an athletic facility or an indoor or | ||||||
17 | outdoor playing field or within the immediate vicinity of | ||||||
18 | the athletic facility or an indoor or outdoor playing field | ||||||
19 | at which the sports official or coach was an active | ||||||
20 | participant in the athletic contest held at the athletic | ||||||
21 | facility. For the purposes of this paragraph (17), "sports | ||||||
22 | official" means a person at an athletic contest who | ||||||
23 | enforces the rules of the contest, such as an umpire or | ||||||
24 | referee; and "coach" means a person recognized as a coach | ||||||
25 | by the sanctioning authority that conducted the athletic | ||||||
26 | contest ; or .
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1 | (18) Knows the individual assaulted to be an emergency | ||||||
2 | management
worker, while the emergency management worker | ||||||
3 | is engaged in the execution of
any of his or her official | ||||||
4 | duties,
or to prevent the emergency management worker from | ||||||
5 | performing his or her
official duties, or in retaliation | ||||||
6 | for the emergency management worker
performing his or her | ||||||
7 | official duties, and the assault is committed other than
by | ||||||
8 | the discharge of a firearm in the direction of the | ||||||
9 | emergency management
worker or in the direction of a | ||||||
10 | vehicle occupied by the emergency management
worker.
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11 | (a-5) A person commits an aggravated assault when he or she | ||||||
12 | knowingly and
without lawful justification shines or flashes a | ||||||
13 | laser gunsight or other laser
device that is attached or | ||||||
14 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
15 | that the laser beam strikes near or in the immediate vicinity | ||||||
16 | of
any person.
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17 | (b) Sentence.
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18 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
19 | and (8) through
(12) and (17) of subsection (a) of this Section | ||||||
20 | is a Class A misdemeanor. Aggravated
assault as defined in | ||||||
21 | paragraphs (13), (14), and (15) of subsection (a) of this
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22 | Section and as defined in subsection (a-5) of this Section is a | ||||||
23 | Class 4
felony. Aggravated assault as defined in paragraphs
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24 | (6), (7), (16), and (18) of
subsection (a) of this Section is a | ||||||
25 | Class A misdemeanor if a firearm is not
used in the commission | ||||||
26 | of the assault. Aggravated assault as defined in
paragraphs |
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1 | (6), (7), (16), and (18) of subsection (a) of this
Section is a | ||||||
2 | Class 4 felony if a firearm is used in the commission of the
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3 | assault.
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4 | (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | ||||||
5 | eff. 1-1-06; revised 12-15-05.)
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6 | Section 5. The Rights of Crime Victims and Witnesses Act is | ||||||
7 | amended by changing Sections 3, 4, and 6 as follows:
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8 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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9 | Sec. 3. The terms used in this Act, unless the context | ||||||
10 | clearly
requires otherwise, shall have the following meanings:
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11 | (a) "Crime victim" means (1) a person physically injured in | ||||||
12 | this State as a
result of a violent crime perpetrated or | ||||||
13 | attempted against that person or (2) a
person who suffers | ||||||
14 | injury to or loss of property as a result of a violent crime
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15 | perpetrated or attempted against that person or (3) a single
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16 | representative who
may be the spouse, parent, child or sibling | ||||||
17 | of a person killed as a result of a
violent crime perpetrated | ||||||
18 | against the person killed or the spouse, parent,
child or | ||||||
19 | sibling of any person granted rights under this Act who is | ||||||
20 | physically
or mentally incapable of exercising such rights, | ||||||
21 | except where the spouse,
parent, child or sibling is also the | ||||||
22 | defendant or prisoner or (4) any person
against whom a violent | ||||||
23 | crime has been committed or (5) any person
who has suffered | ||||||
24 | 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 , legal guardians, foster parents, or a | ||||||
5 | single adult representative of a deceased minor or disabled | ||||||
6 | person who is a crime victim;
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7 | (b) "Witness" means any person who personally observed the | ||||||
8 | commission of
a violent crime and who will testify on behalf of | ||||||
9 | the State of Illinois in
the criminal prosecution of the | ||||||
10 | violent crime;
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11 | (c) "Violent Crime" means any felony in which force or | ||||||
12 | threat of force was
used against the victim, or any offense | ||||||
13 | involving sexual exploitation, sexual
conduct or sexual | ||||||
14 | penetration, domestic battery, violation of an order of
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15 | protection, stalking, or any misdemeanor which results in death | ||||||
16 | or great bodily
harm to the victim or any violation of Section | ||||||
17 | 9-3 of the Criminal Code of
1961, or Section 11-501 of the | ||||||
18 | Illinois Vehicle
Code, or a similar provision of a local | ||||||
19 | ordinance, if the violation resulted
in personal injury or | ||||||
20 | death, and includes any action committed by a juvenile
that | ||||||
21 | would be a violent crime if committed by an adult. For the | ||||||
22 | purposes of
this paragraph, "personal injury" shall include any | ||||||
23 | Type A injury as indicated
on the traffic accident report | ||||||
24 | completed by a law enforcement officer that
requires immediate | ||||||
25 | professional attention in either a doctor's office or
medical | ||||||
26 | facility. A type A injury shall include severely bleeding |
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1 | wounds,
distorted extremities, and injuries that require the | ||||||
2 | injured party to be
carried from the scene;
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3 | (d) "Sentencing Hearing" means any hearing where a sentence | ||||||
4 | is imposed
by the court on a convicted defendant and includes | ||||||
5 | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||||||
6 | and 5-7-7 of the Unified Code of
Corrections except those cases | ||||||
7 | in which both parties have agreed to the
imposition of a | ||||||
8 | specific sentence.
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9 | (e) "Court proceedings" includes the preliminary hearing, | ||||||
10 | any hearing the
effect of which may be the release of the | ||||||
11 | defendant from custody or to alter
the conditions of bond, the | ||||||
12 | trial, sentencing hearing, notice of appeal, any
modification | ||||||
13 | of sentence, probation revocation hearings or parole hearings.
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14 | (Source: P.A. 94-271, eff. 1-1-06.)
| ||||||
15 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
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16 | Sec. 4. Rights of crime victims.
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17 | (a) Crime victims shall have the following rights:
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18 | (1) The right to be treated with fairness and respect | ||||||
19 | for their dignity
and privacy throughout the criminal | ||||||
20 | justice process.
| ||||||
21 | (2) The right to notification of court proceedings.
| ||||||
22 | (3) The right to communicate with the prosecution.
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23 | (4) The right to make a statement to the court at | ||||||
24 | sentencing.
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25 | (5) The right to information about the conviction, |
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1 | sentence, imprisonment
and release of the accused.
| ||||||
2 | (6) The right to the timely disposition of the case | ||||||
3 | following the arrest
of the accused.
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4 | (7) The right to be reasonably protected from the | ||||||
5 | accused through the
criminal justice process.
| ||||||
6 | (8) The right to be present at the trial and all other | ||||||
7 | court proceedings
on the same basis as the accused, unless | ||||||
8 | the victim is to testify and the court
determines that the | ||||||
9 | victim's testimony would be materially affected if the
| ||||||
10 | victim hears other testimony at the trial.
| ||||||
11 | (9) the right to have present at all court proceedings, | ||||||
12 | including proceedings under the Juvenile Court Act of 1987, | ||||||
13 | subject to the admonition of the rules of confidentiality | ||||||
14 | and subject to the
rules of evidence, a victim-witness | ||||||
15 | specialist, an advocate or other support person of the | ||||||
16 | victim's choice.
| ||||||
17 | (10) The right to restitution.
| ||||||
18 | (b) A statement and explanation of the rights of crime | ||||||
19 | victims set forth in
paragraph (a) of this Section shall be | ||||||
20 | given to a crime victim at the initial
contact with the | ||||||
21 | criminal justice system by the appropriate authorities and
| ||||||
22 | shall be conspicuously posted in all court facilities.
| ||||||
23 | (Source: P.A. 87-224; 88-489.)
| ||||||
24 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| ||||||
25 | Sec. 6. Rights to present victim impact statement.
|
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1 | (a) In any case where a defendant has been convicted of a | ||||||
2 | violent crime or a
juvenile has been adjudicated a delinquent | ||||||
3 | for a violent crime and a victim of the violent crime or the | ||||||
4 | victim's spouse,
guardian, parent, grandparent, or other | ||||||
5 | immediate family or household member is present in
the
| ||||||
6 | courtroom at the time of the sentencing or the disposition | ||||||
7 | hearing,
the victim or his or her representative shall have the | ||||||
8 | right and the victim's
spouse, guardian, parent, grandparent, | ||||||
9 | and other immediate
family or household member upon his, her, | ||||||
10 | or
their request may be permitted by the court to address the
| ||||||
11 | court regarding the impact that the defendant's criminal | ||||||
12 | conduct
or the
juvenile's delinquent conduct has had upon them | ||||||
13 | and the victim.
The court has discretion to determine the | ||||||
14 | number of oral presentations of victim impact statements.
Any | ||||||
15 | impact
statement must have been prepared in writing in | ||||||
16 | conjunction with the Office
of the State's Attorney prior to | ||||||
17 | the initial hearing or sentencing, before
it can be presented | ||||||
18 | orally or in writing at the sentencing hearing. In
conjunction | ||||||
19 | with the Office of the State's Attorney, a victim impact | ||||||
20 | statement
that is presented orally may be done so by the victim | ||||||
21 | or the victim's spouse,
guardian, parent, grandparent, or other | ||||||
22 | immediate family or household member or
his,
her, or their
| ||||||
23 | representative. At the sentencing hearing, the prosecution may | ||||||
24 | introduce
that evidence either in its
case in chief or in | ||||||
25 | rebuttal. The court shall
consider any impact statement | ||||||
26 | admitted
along with
all
other appropriate factors in |
| |||||||
| |||||||
1 | determining the sentence of the defendant or
disposition of | ||||||
2 | such juvenile.
| ||||||
3 | (b) The crime victim has the right to prepare a victim | ||||||
4 | impact statement
and present it to the Office of the State's | ||||||
5 | Attorney at any time during the
proceedings. Any written victim | ||||||
6 | impact statement submitted to the Office of the State's | ||||||
7 | Attorney shall be considered by the court during its | ||||||
8 | consideration of aggravation and mitigation in plea | ||||||
9 | proceedings under Supreme Court Rule 402.
| ||||||
10 | (c) This Section shall apply to any victims of a violent | ||||||
11 | crime during any
dispositional hearing under Section 5-705 of | ||||||
12 | the Juvenile Court
Act of 1987 which takes place pursuant to an | ||||||
13 | adjudication or trial or plea of
delinquency for any such | ||||||
14 | offense.
| ||||||
15 | (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
| ||||||
16 | Section 99. Effective date. Section 2 and this Section take | ||||||
17 | effect upon becoming law.
|