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Rep. Emily McAsey
Filed: 4/5/2011
| | 09700HB3300ham001 | | LRB097 08665 RLC 53798 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3300
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3300 on page 1, by |
| 3 | | replacing line 5 with the following: |
| 4 | | "amended by changing Sections 3 and 4.5 as follows:
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| 5 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
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| 6 | | (Text of Section after amendment by P.A. 96-1551) |
| 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" and "victim" mean (1) a person |
| 10 | | physically injured in this State as a
result of a violent crime |
| 11 | | perpetrated or attempted against that person or (2) a
person |
| 12 | | who suffers injury to or loss of property as a result of a |
| 13 | | violent crime
perpetrated or attempted against that person or |
| 14 | | (3) a single
representative who
may be the spouse, parent, |
| 15 | | child or sibling of a person killed as a result of a
violent |
| 16 | | crime perpetrated against the person killed or the spouse, |
| 17 | | parent,
child or sibling of any person granted rights under |
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| 1 | | this Act who is physically
or mentally incapable of exercising |
| 2 | | such rights, except where the spouse,
parent, child or sibling |
| 3 | | is also the defendant or prisoner or (4) any person
against |
| 4 | | whom a violent crime has been committed or (5) any person
who |
| 5 | | has suffered personal injury as a result of a violation of |
| 6 | | Section 11-501
of the Illinois Vehicle Code, or of a similar |
| 7 | | provision of a local ordinance,
or of Section 9-3 of the |
| 8 | | Criminal Code of 1961, as amended or (6) in proceedings under |
| 9 | | the Juvenile Court Act of 1987, both parents, legal guardians, |
| 10 | | foster parents, or a single adult representative of a minor or |
| 11 | | disabled person who is a crime victim.
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| 12 | | (b) "Witness" means any person who personally observed the |
| 13 | | commission of
a violent crime and who will testify on behalf of |
| 14 | | the State of Illinois in
the criminal prosecution of the |
| 15 | | violent crime.
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| 16 | | (c) "Violent Crime" means any felony in which force or |
| 17 | | threat of force was
used against the victim, or any offense |
| 18 | | involving sexual exploitation, sexual
conduct or sexual |
| 19 | | penetration, or a violation of Section 11-20.1, 11-20.1B, or |
| 20 | | 11-20.3 of the Criminal Code of 1961, domestic battery, |
| 21 | | violation of an order of
protection, stalking, or any |
| 22 | | misdemeanor which results in death or great bodily
harm to the |
| 23 | | victim or any violation of Section 9-3 of the Criminal Code of
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| 24 | | 1961, or Section 11-501 of the Illinois Vehicle
Code, or a |
| 25 | | similar provision of a local ordinance, if the violation |
| 26 | | resulted
in personal injury or death, or a violation of any |
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| 1 | | statute, ordinance, or regulation relating to the operation or |
| 2 | | use of motor vehicles, the use of streets and highways by |
| 3 | | pedestrians or the operation of any other wheeled or tracked |
| 4 | | vehicle, except parking violations, if the violation resulted |
| 5 | | in personal injury or death, and includes any action committed |
| 6 | | by a juvenile
that would be a violent crime if committed by an |
| 7 | | adult. For the purposes of
this paragraph, "personal injury" |
| 8 | | shall include any Type A injury as indicated
on the traffic |
| 9 | | accident report completed by a law enforcement officer that
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| 10 | | requires immediate professional attention in either a doctor's |
| 11 | | office or
medical facility. A type A injury shall include |
| 12 | | severely bleeding wounds,
distorted extremities, and injuries |
| 13 | | that require the injured party to be
carried from the scene.
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| 14 | | (d) "Sentencing Hearing" means any hearing where a sentence |
| 15 | | is imposed
by the court on a convicted defendant and includes |
| 16 | | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 |
| 17 | | and 5-7-7 of the Unified Code of
Corrections except those cases |
| 18 | | in which both parties have agreed to the
imposition of a |
| 19 | | specific sentence.
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| 20 | | (e) "Court proceedings" includes the preliminary hearing, |
| 21 | | any hearing the
effect of which may be the release of the |
| 22 | | defendant from custody or to alter
the conditions of bond, the |
| 23 | | trial, sentencing hearing, notice of appeal, any
modification |
| 24 | | of sentence, probation revocation hearings or parole hearings.
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| 25 | | (f) "Concerned citizen"
includes relatives of the victim, |
| 26 | | friends of the victim, witnesses to the
crime, or any other |