Bill Status of HJRCA 1   98th General Assembly

Short Description:  CRIME VICTIMS RIGHTS

House Sponsors
Rep. Lou Lang-Laura Fine-John M. Cabello-Mike Smiddy-Rita Mayfield, JoAnn D. Osmond, Ann Williams, Emanuel Chris Welch, Dennis M. Reboletti, Naomi D. Jakobsson, Robyn Gabel, Emily McAsey, Mike Bost, Patricia R. Bellock, Michelle Mussman, John D. Anthony, Jay Hoffman, Brandon W. Phelps, Ron Sandack, Michael J. Zalewski, Greg Harris, Kelly M. Cassidy, Stephanie A. Kifowit, Kay Hatcher, Al Riley, Anthony DeLuca, Frances Ann Hurley, Christian L. Mitchell and Sue Scherer

Senate Sponsors
(Sen. Heather A. Steans-Michael Noland-Mattie Hunter, Pamela J. Althoff-Jacqueline Y. Collins, Kimberly A. Lightford, Steven M. Landek-Toi W. Hutchinson, Iris Y. Martinez, Kirk W. Dillard, Donne E. Trotter, Matt Murphy, Chapin Rose, Michael Connelly and Napoleon Harris, III)


Last Action  View All Actions

DateChamber Action
  4/10/2014HouseAdopted Both Houses

ILCON Art. 1, Sec. 8.1 

Synopsis As Introduced
Proposes to amend the Bill of Rights Article of the Illinois Constitution concerning crime victim's rights. Provides that in addition to other rights provided in the Constitutional provision, a crime victim has the right to: (1) be free from harassment, intimidation, and abuse; (2) refuse to disclose information that is privileged or confidential by law; (3) timely notification of all court proceedings; (4) be heard at any proceeding involving a post-arraignment release decision, plea, sentencing, post-conviction or post-adjudication release decision, and any post-arraignment proceeding in which a right of the victim is at issue; (5) receive a report related to the defendant's sentence when available to the accused; and (6) have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. Provides that a victim, victim's lawyer, or the prosecuting attorney may assert the victim's constitutional rights in court. Provides that nothing in this Constitutional provision creates any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. Effective upon being declared adopted.

House Committee Amendment No. 2
Reinserts the Constitutional Amendment as introduced. Changes the title of the constitutional provision from crime victim's rights to crime victims' rights. Restores provision that crime victims have the right to communicate (rather than confer) with the prosecution. Proposes that the victim has standing to assert the rights enumerated in the victims' right provision in any court exercising jurisdiction over the case. Proposes that the court shall promptly rule on a victim's request (rather than act on a victim's request). Proposes that the victim does not have party status. Proposes that the accused does not have standing to assert the rights of a victim. Proposes that the court shall not appoint an attorney for the victim under this provision. Proposes that nothing in the constitutional provision shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney. Deletes that a victim, the victim's lawyer, or the prosecuting attorney may assert the rights enumerated in the victims' right provision in any court with jurisdiction over the case as a matter of right. Deletes that crime victims have the right to have access to information in a report related to any aspect of a defendant's sentence when available to the defendant, as the General Assembly may provide by law. Deletes that crime victims have the right to refuse to disclose to the defendant information that is privileged or confidential by law, as determined by a court of law with jurisdiction over the case. Provides that crime victims have the right to notice and to a hearing before a court ruling on a request for access to any of the victim's records, information, or communications which are privileged or confidential by law.

Actions 
DateChamber Action
  12/10/2012HousePrefiled with Clerk by Rep. Lou Lang
  1/9/2013HouseRead in Full a First Time
  1/9/2013HouseReferred to Rules Committee
  2/4/2013HouseAssigned to Judiciary
  2/21/2013HouseAdded Chief Co-Sponsor Rep. Laura Fine
  3/13/2013HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  4/10/2013HouseAdded Chief Co-Sponsor Rep. Mike Smiddy
  5/2/2013HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  8/9/2013HouseRule 19(b) / Re-referred to Rules Committee
  2/11/2014HouseReferred to Judiciary
  3/6/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  3/6/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/24/2014HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  3/24/2014HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/25/2014HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary
  3/25/2014HouseAdded Co-Sponsor Rep. Ann Williams
  3/25/2014HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/25/2014HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/26/2014HouseHouse Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote
  3/26/2014HouseDo Pass as Amended / Short Debate Judiciary; 013-001-001
  3/26/2014HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/26/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2014HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  3/26/2014HouseChief Co-Sponsor Changed to Rep. Rita Mayfield
  3/26/2014HouseRecalled to the Order of First Reading
  3/26/2014HouseRead in Full a First Time - As Amended
  3/26/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2014HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/26/2014HouseAdded Co-Sponsor Rep. Robyn Gabel
  3/26/2014HouseAdded Co-Sponsor Rep. Emily McAsey
  3/26/2014HouseAdded Co-Sponsor Rep. Mike Bost
  3/27/2014HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/27/2014HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/27/2014HouseRead in Full a Second Time - As Amended
  3/27/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  3/31/2014HouseAdded Co-Sponsor Rep. John D. Anthony
  4/1/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2014HouseAdded Co-Sponsor Rep. Jay Hoffman
  4/2/2014HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/2/2014HouseAdded Co-Sponsor Rep. Ron Sandack
  4/2/2014HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  4/2/2014HouseAdded Co-Sponsor Rep. Greg Harris
  4/2/2014HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/2/2014HouseRead in Full a Third Time - As Amended
  4/2/2014HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  4/2/2014House3/5 Vote Required
  4/2/2014HouseThird Reading - Short Debate - Passed 111-002-000
  4/2/2014HouseAdded Co-Sponsor Rep. Kay Hatcher
  4/2/2014HouseAdded Co-Sponsor Rep. Al Riley
  4/2/2014HouseAdded Co-Sponsor Rep. Anthony DeLuca
  4/2/2014HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  4/2/2014HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  4/2/2014HouseAdded Co-Sponsor Rep. Sue Scherer
  4/2/2014SenateArrive in Senate
  4/2/2014SenateChief Senate Sponsor Sen. Heather A. Steans
  4/2/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  4/2/2014SenateReferred to Assignments
  4/4/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  4/7/2014SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  4/8/2014SenateApproved for Consideration Assignments
  4/8/2014SenatePlaced on Calendar Order of First Reading April 9, 2014; Constitutional Amendments
  4/8/2014SenateRead in Full a First Time
  4/8/2014SenatePlaced on Calendar Order of 2nd Reading April 9, 2014; Constitutional Amendments
  4/8/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/8/2014SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  4/9/2014SenateRead in Full a Second Time
  4/9/2014SenatePlaced on Calendar Order of 3rd Reading April 10, 2014; Constitutional Amendments
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  4/10/2014SenateRead in Full a Third Time
  4/10/2014Senate3/5 Vote Required
  4/10/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Toi W. Hutchinson
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Matt Murphy
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Chapin Rose
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Michael Connelly
  4/10/2014SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  4/10/2014SenateThird Reading - Passed; 059-000-000
  4/10/2014HouseAdopted Both Houses

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