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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 Section 6 as follows:
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6 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
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7 | Sec. 6. Rights to present victim impact statement.
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8 | (a) In any case where a defendant has been convicted of a | |||||||||||||||||||
9 | violent crime or a
juvenile has been adjudicated a delinquent | |||||||||||||||||||
10 | for a violent crime and a victim of the violent crime or the | |||||||||||||||||||
11 | victim's spouse,
guardian, parent, grandparent, or other | |||||||||||||||||||
12 | immediate family or household member is present in
the
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13 | courtroom at the time of the sentencing or the disposition | |||||||||||||||||||
14 | hearing,
the victim or his or her representative shall have the | |||||||||||||||||||
15 | right and the victim's
spouse, guardian, parent, grandparent, | |||||||||||||||||||
16 | and other immediate
family or household member upon his, her, | |||||||||||||||||||
17 | or
their request shall may be permitted by the court to orally | |||||||||||||||||||
18 | address the
court regarding the impact that the defendant's | |||||||||||||||||||
19 | criminal conduct
or the
juvenile's delinquent conduct has had | |||||||||||||||||||
20 | upon them and the victim.
The court has discretion to determine | |||||||||||||||||||
21 | the number of oral presentations of victim impact statements.
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22 | Any impact
statement must have been prepared in writing in | |||||||||||||||||||
23 | conjunction with the Office
of the State's Attorney prior to |
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1 | the initial hearing or sentencing, before
it can be presented | ||||||
2 | orally or in writing at the sentencing hearing. In
conjunction | ||||||
3 | with the Office of the State's Attorney, a victim impact | ||||||
4 | statement
that is presented orally may be done so by the victim | ||||||
5 | or the victim's spouse,
guardian, parent, grandparent, or other | ||||||
6 | immediate family or household member or
his,
her, or their
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7 | representative. At the sentencing hearing, the prosecution may | ||||||
8 | introduce
that evidence either in its
case in chief or in | ||||||
9 | rebuttal. The court shall
consider any impact statement | ||||||
10 | admitted
along with
all
other appropriate factors in | ||||||
11 | determining the sentence of the defendant or
disposition of | ||||||
12 | such juvenile.
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13 | (a-5) In any case where a defendant has been found not | ||||||
14 | guilty by reason of insanity of a violent crime and a hearing | ||||||
15 | has been ordered by the court under the Mental Health and | ||||||
16 | Developmental Disabilities Code to determine if the defendant | ||||||
17 | is: (1) in need of mental health services on an inpatient | ||||||
18 | basis; (2) in need of mental health services on an outpatient | ||||||
19 | basis; or (3) not in need of mental health services and a | ||||||
20 | victim of the violent crime or the victim's spouse,
guardian, | ||||||
21 | parent, grandparent, or other immediate family or household | ||||||
22 | member is present in
the
courtroom at the time of the initial | ||||||
23 | commitment hearing, the victim or his or her representative | ||||||
24 | shall have the right and the victim's
spouse, guardian, parent, | ||||||
25 | grandparent, and other immediate
family or household members | ||||||
26 | upon their request may be permitted by the court to address the
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1 | court regarding the impact that the defendant's criminal | ||||||
2 | conduct has had upon them and the victim.
The court has | ||||||
3 | discretion to determine the number of oral presentations of | ||||||
4 | victim impact statements.
Any impact
statement must have been | ||||||
5 | prepared in writing in conjunction with the Office
of the | ||||||
6 | State's Attorney prior to the initial commitment hearing, | ||||||
7 | before
it may be presented orally or in writing at the | ||||||
8 | commitment hearing. In
conjunction with the Office of the | ||||||
9 | State's Attorney, a victim impact statement
that is presented | ||||||
10 | orally may be presented so by the victim or the victim's | ||||||
11 | spouse,
guardian, parent, grandparent, or other immediate | ||||||
12 | family or household member or
his or her
representative. At the | ||||||
13 | initial commitment hearing, the State's Attorney may introduce
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14 | the statement either in its
case in chief or in rebuttal. The | ||||||
15 | court may only consider the impact statement along with all | ||||||
16 | other appropriate factors in determining the: (1) threat of | ||||||
17 | serious physical harm poised by the respondent to himself or | ||||||
18 | herself, or to another person; (2) location of inpatient or | ||||||
19 | outpatient mental health services ordered by the court, but | ||||||
20 | only after complying with all other applicable administrative, | ||||||
21 | rule, and statutory requirements; (3) maximum period of | ||||||
22 | commitment for inpatient mental health services; and (4) | ||||||
23 | conditions of release for outpatient mental health services | ||||||
24 | ordered by the court. | ||||||
25 | (b) The crime victim has the right to prepare a victim | ||||||
26 | impact statement
and present it to the Office of the State's |
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1 | Attorney at any time during the
proceedings. Any written victim | ||||||
2 | impact statement submitted to the Office of the State's | ||||||
3 | Attorney shall be considered by the court during its | ||||||
4 | consideration of aggravation and mitigation in plea | ||||||
5 | proceedings under Supreme Court Rule 402.
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6 | (c) This Section shall apply to any victims of a violent | ||||||
7 | crime during any
dispositional hearing under Section 5-705 of | ||||||
8 | the Juvenile Court
Act of 1987 which takes place pursuant to an | ||||||
9 | adjudication or trial or plea of
delinquency for any such | ||||||
10 | offense.
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11 | (Source: P.A. 95-591, eff. 6-1-08; 96-117, eff. 1-1-10.)
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