96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0019

 

Introduced 2/18/2009, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. 1, Sec. 8.1

    Proposes to amend the Bill of Rights Article of the Illinois Constitution relating to crime victim rights. Proposes that victims' rights apply in juvenile delinquency proceedings and post-judgment proceedings. Proposes that a crime victim has the right to: (1) have the defendant, any person acting on the defendant's behalf, and the attorney of record prevented from obtaining confidential information or records that could be used to locate or harass the victim or victim's family, that disclose confidential communications made in the course of medical or counseling treatment, or that are otherwise privileged or confidential by law; (2) be heard in person or in any other manner the victim chooses, upon request, at any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue; (3) receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law; (4) be present, upon request, at all post-judgment proceedings; and (5) have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made. Proposes to define "crime victim". Effective upon being declared adopted.


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A BILL FOR

 

HC0019 LRB096 09129 RLC 19277 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to the
6 electors of the State for adoption or rejection at the general
7 election next occurring at least 6 months after the adoption of
8 this resolution a proposition to amend Section 8.1 of Article I
9 of the Illinois Constitution as follows:
 
10
ARTICLE I
11
BILL OF RIGHTS

12     (ILCON Art. 1, Sec. 8.1)
13 SECTION 8.1. CRIME VICTIM'S RIGHTS.
14     (a) To preserve and protect a victim's right to justice and
15 due process, a crime victim Crime victims, as defined by law,
16 shall have the following rights in criminal and juvenile
17 delinquency proceedings as provided by law:
18         (1) The right to be treated with fairness and respect
19     for the victim's their dignity and privacy and to be free
20     from harassment, intimidation, and abuse throughout the
21     criminal or juvenile justice process.
22         (2) The right to have the defendant, any person acting
23     on the defendant's behalf, and the attorney of record

 

 

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1     prevented from obtaining confidential information or
2     records that could be used to locate or harass the victim
3     or victim's family, that disclose confidential
4     communications made in the course of medical or counseling
5     treatment, or that are otherwise privileged or
6     confidential by law.
7         (3) (2) The right to timely notification of court
8     proceedings and any related post-judgment proceedings.
9         (4) (3) The right to confer communicate with the
10     prosecution.
11         (5) (4) The right to be heard in person or in any other
12     manner the victim chooses, upon request, at any proceeding
13     involving a post-arrest release decision, plea,
14     sentencing, post-conviction or post-adjudication release
15     decision, or any proceeding in which a right of the victim
16     is at issue. The right to receive, upon request, the
17     pre-sentence report when available to the defendant,
18     except for those portions made confidential by law make a
19     statement to the court at sentencing.
20         (6) (5) The right to be informed of information about
21     the conviction, the sentence, any proposal to reduce the
22     sentence or that would result in release, the imprisonment,
23     and the release of the accused.
24         (7) (6) The right to timely disposition of the case
25     following the arrest of the accused, including related
26     post-judgment proceedings.

 

 

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1         (8) (7) The right to be reasonably protected from the
2     accused throughout the criminal or juvenile justice
3     process. The right to have the safety of the victim and the
4     victim's family considered in denying or fixing the amount
5     of bail and release conditions for the defendant.
6         (9) (8) The right to be present at the trial and all
7     other court proceedings on the same basis as the accused,
8     unless the victim is to testify and the court determines
9     that the victim's testimony would be materially affected if
10     the victim hears other testimony at the trial.
11         (10) (9) The right to have present at all court
12     proceedings, subject to the rules of evidence, an advocate
13     or other support person of the victim's choice.
14         (11) (10) The right to restitution.
15         (12) The right to be present, upon request, at all
16     post-judgment proceedings.
17         (13) The right to have the safety of the victim, the
18     victim's family, and the general public considered before
19     any parole or other post-judgment release decision is made.
20     (b) Definition. For the purposes of this Section, the term
21 "crime victim" means a person directly and proximately harmed
22 as a result of the commission of a criminal or juvenile
23 offense. In the case of a crime victim who is under 18 years of
24 age, incompetent, incapacitated, or deceased, the legal
25 guardians of the crime victim or the representatives of the
26 crime victim's estate, family members, or any other persons

 

 

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1 appointed as suitable by the court may assume the crime
2 victim's rights under this Section, but in no event shall the
3 defendant be named as such guardian or representative.
4     (c) A victim, a lawful representative of the victim
5 including the victim's lawyer, or the prosecuting attorney upon
6 request of the victim may assert the rights enumerated in
7 subsection (a) in any circuit or appellate court with
8 jurisdiction over the case as a matter of right. The court
9 shall act promptly on such a request.
10     (b) The General Assembly may provide by law for the
11 enforcement of this Section.
12     (d) (c) The General Assembly may provide for an assessment
13 against convicted defendants to pay for crime victims' rights.
14     (e) (d) Nothing in this Section or in any law enacted under
15 this Section shall be construed as creating a basis for
16 vacating a conviction. This Section does not create any cause
17 of action for compensation or damages against the State, any
18 political subdivision of the State, any officer, employee, or
19 agent of the State or of any of its political subdivisions, or
20 any officer or employee of the court or a ground for appellate
21 relief in any criminal case.
22 (Source: Amendment adopted at general election November 3,
23 1992.)
 
24
SCHEDULE
25     This Constitutional Amendment takes effect upon being

 

 

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1 declared adopted in accordance with Section 7 of the Illinois
2 Constitutional Amendment Act.