97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0160

 

Introduced 1/18/2011, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/6  from Ch. 38, par. 1406

    Amends the Rights of Crime Victims and Witnesses Act. Provides that in any case where a defendant has been convicted of a violent crime or a juvenile has been adjudicated a delinquent for a violent crime, the victim or his or her representative and immediate family or household member upon their request shall (rather than may) be permitted by the court to orally address (rather than address) the court regarding the impact of the defendant's criminal conduct or juvenile delinquent conduct has upon them. Deletes provision that the court has discretion to determine the number of oral presentations of victim impact statements.


LRB097 05589 RLC 45651 b

 

 

A BILL FOR

 

HB0160LRB097 05589 RLC 45651 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rights of Crime Victims and Witnesses Act is
5amended by changing Section 6 as follows:
 
6    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
7    Sec. 6. Rights to present victim impact statement.
8    (a) In any case where a defendant has been convicted of a
9violent crime or a juvenile has been adjudicated a delinquent
10for a violent crime and a victim of the violent crime or the
11victim's spouse, guardian, parent, grandparent, or other
12immediate family or household member is present in the
13courtroom at the time of the sentencing or the disposition
14hearing, the victim or his or her representative shall have the
15right and the victim's spouse, guardian, parent, grandparent,
16and other immediate family or household member upon his, her,
17or their request shall may be permitted by the court to orally
18address the court regarding the impact that the defendant's
19criminal conduct or the juvenile's delinquent conduct has had
20upon them and the victim. The court has discretion to determine
21the number of oral presentations of victim impact statements.
22Any impact statement must have been prepared in writing in
23conjunction with the Office of the State's Attorney prior to

 

 

HB0160- 2 -LRB097 05589 RLC 45651 b

1the initial hearing or sentencing, before it can be presented
2orally or in writing at the sentencing hearing. In conjunction
3with the Office of the State's Attorney, a victim impact
4statement that is presented orally may be done so by the victim
5or the victim's spouse, guardian, parent, grandparent, or other
6immediate family or household member or his, her, or their
7representative. At the sentencing hearing, the prosecution may
8introduce that evidence either in its case in chief or in
9rebuttal. The court shall consider any impact statement
10admitted along with all other appropriate factors in
11determining the sentence of the defendant or disposition of
12such juvenile.
13    (a-5) In any case where a defendant has been found not
14guilty by reason of insanity of a violent crime and a hearing
15has been ordered by the court under the Mental Health and
16Developmental Disabilities Code to determine if the defendant
17is: (1) in need of mental health services on an inpatient
18basis; (2) in need of mental health services on an outpatient
19basis; or (3) not in need of mental health services and a
20victim of the violent crime or the victim's spouse, guardian,
21parent, grandparent, or other immediate family or household
22member is present in the courtroom at the time of the initial
23commitment hearing, the victim or his or her representative
24shall have the right and the victim's spouse, guardian, parent,
25grandparent, and other immediate family or household members
26upon their request may be permitted by the court to address the

 

 

HB0160- 3 -LRB097 05589 RLC 45651 b

1court regarding the impact that the defendant's criminal
2conduct has had upon them and the victim. The court has
3discretion to determine the number of oral presentations of
4victim impact statements. Any impact statement must have been
5prepared in writing in conjunction with the Office of the
6State's Attorney prior to the initial commitment hearing,
7before it may be presented orally or in writing at the
8commitment hearing. In conjunction with the Office of the
9State's Attorney, a victim impact statement that is presented
10orally may be presented so by the victim or the victim's
11spouse, guardian, parent, grandparent, or other immediate
12family or household member or his or her representative. At the
13initial commitment hearing, the State's Attorney may introduce
14the statement either in its case in chief or in rebuttal. The
15court may only consider the impact statement along with all
16other appropriate factors in determining the: (1) threat of
17serious physical harm poised by the respondent to himself or
18herself, or to another person; (2) location of inpatient or
19outpatient mental health services ordered by the court, but
20only after complying with all other applicable administrative,
21rule, and statutory requirements; (3) maximum period of
22commitment for inpatient mental health services; and (4)
23conditions of release for outpatient mental health services
24ordered by the court.
25    (b) The crime victim has the right to prepare a victim
26impact statement and present it to the Office of the State's

 

 

HB0160- 4 -LRB097 05589 RLC 45651 b

1Attorney at any time during the proceedings. Any written victim
2impact statement submitted to the Office of the State's
3Attorney shall be considered by the court during its
4consideration of aggravation and mitigation in plea
5proceedings under Supreme Court Rule 402.
6    (c) This Section shall apply to any victims of a violent
7crime during any dispositional hearing under Section 5-705 of
8the Juvenile Court Act of 1987 which takes place pursuant to an
9adjudication or trial or plea of delinquency for any such
10offense.
11(Source: P.A. 95-591, eff. 6-1-08; 96-117, eff. 1-1-10.)