Full Text of HB1641 95th General Assembly
HB1641 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1641
Introduced 2/22/2007, by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/3 |
from Ch. 38, par. 1403 |
725 ILCS 120/4 |
from Ch. 38, par. 1404 |
725 ILCS 120/6 |
from Ch. 38, par. 1406 |
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Amends the Rights of Crime Victims and Witnesses Act. Provides that "crime victim" includes both parents, legal guardians, and foster parents of a child killed as a result of a
violent crime perpetrated against the child or both parents, legal guardians, and foster parents of a child victim who is physically or mentally incapable of exercising rights under the Act. Provides that the Act applies to proceedings under the Juvenile Court Act of 1987. Provides that a victim-witness specialist may be present at the court proceedings. Provides that support persons of the victim are subject to the admonition of the rules of confidentiality.
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A BILL FOR
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HB1641 |
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LRB095 06668 RLC 26778 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Sections 3, 4, and 6 as follows:
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| (725 ILCS 120/3) (from Ch. 38, par. 1403)
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| Sec. 3. The terms used in this Act, unless the context | 8 |
| clearly
requires otherwise, shall have the following meanings:
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| (a) "Crime victim" means (1) a person physically injured in | 10 |
| this State as a
result of a violent crime perpetrated or | 11 |
| attempted against that person or (2) a
person who suffers | 12 |
| injury to or loss of property as a result of a violent crime
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| perpetrated or attempted against that person or (3) both | 14 |
| parents, legal guardians, foster parents, or a single adult
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| representative who
may be the spouse, parent, child or sibling | 16 |
| of a person killed as a result of a
violent crime perpetrated | 17 |
| against the person killed or the spouse, parent,
child or | 18 |
| sibling of any person granted rights under this Act who is | 19 |
| physically
or mentally incapable of exercising such rights, | 20 |
| except where the spouse,
parent, child or sibling is also the | 21 |
| defendant or prisoner or (4) any person
against whom a violent | 22 |
| crime has been committed or (5) any person
who has suffered | 23 |
| personal injury as a result of a violation of Section 11-501
of |
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HB1641 |
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LRB095 06668 RLC 26778 b |
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| the Illinois Vehicle Code, or of a similar provision of a local | 2 |
| ordinance,
or of Section 9-3 of the Criminal Code of 1961, as | 3 |
| amended or (6) in proceedings under the Juvenile Court Act of | 4 |
| 1987, both parents of a deceased minor who is a crime victim;
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| (b) "Witness" means any person who personally observed the | 6 |
| commission of
a violent crime and who will testify on behalf of | 7 |
| the State of Illinois in
the criminal prosecution of the | 8 |
| violent crime;
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| (c) "Violent Crime" means any felony in which force or | 10 |
| threat of force was
used against the victim, or any offense | 11 |
| involving sexual exploitation, sexual
conduct or sexual | 12 |
| penetration, domestic battery, violation of an order of
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| protection, stalking, or any misdemeanor which results in death | 14 |
| or great bodily
harm to the victim or any violation of Section | 15 |
| 9-3 of the Criminal Code of
1961, or Section 11-501 of the | 16 |
| Illinois Vehicle
Code, or a similar provision of a local | 17 |
| ordinance, if the violation resulted
in personal injury or | 18 |
| death, and includes any action committed by a juvenile
that | 19 |
| would be a violent crime if committed by an adult. For the | 20 |
| purposes of
this paragraph, "personal injury" shall include any | 21 |
| Type A injury as indicated
on the traffic accident report | 22 |
| completed by a law enforcement officer that
requires immediate | 23 |
| professional attention in either a doctor's office or
medical | 24 |
| facility. A type A injury shall include severely bleeding | 25 |
| wounds,
distorted extremities, and injuries that require the | 26 |
| injured party to be
carried from the scene;
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HB1641 |
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LRB095 06668 RLC 26778 b |
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| (d) "Sentencing Hearing" means any hearing where a sentence | 2 |
| is imposed
by the court on a convicted defendant and includes | 3 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 4 |
| and 5-7-7 of the Unified Code of
Corrections except those cases | 5 |
| in which both parties have agreed to the
imposition of a | 6 |
| specific sentence.
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| (e) "Court proceedings" includes the preliminary hearing, | 8 |
| any hearing the
effect of which may be the release of the | 9 |
| defendant from custody or to alter
the conditions of bond, the | 10 |
| trial, sentencing hearing, notice of appeal, any
modification | 11 |
| of sentence, probation revocation hearings or parole hearings.
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| (Source: P.A. 94-271, eff. 1-1-06.)
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| (725 ILCS 120/4) (from Ch. 38, par. 1404)
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| Sec. 4. Rights of crime victims.
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| (a) Crime victims shall have the following rights:
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| (1) The right to be treated with fairness and respect | 17 |
| for their dignity
and privacy throughout the criminal | 18 |
| justice process.
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| (2) The right to notification of court proceedings.
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| (3) The right to communicate with the prosecution.
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| (4) The right to make a statement to the court at | 22 |
| sentencing.
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| (5) The right to information about the conviction, | 24 |
| sentence, imprisonment
and release of the accused.
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| (6) The right to the timely disposition of the case |
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| following the arrest
of the accused.
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| (7) The right to be reasonably protected from the | 3 |
| accused through the
criminal justice process.
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| (8) The right to be present at the trial and all other | 5 |
| court proceedings
on the same basis as the accused, unless | 6 |
| the victim is to testify and the court
determines that the | 7 |
| victim's testimony would be materially affected if the
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| victim hears other testimony at the trial.
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| (9) the right to have present at all court proceedings, | 10 |
| including proceedings under the Juvenile Court Act of 1987, | 11 |
| subject to the admonition of the rules of confidentiality | 12 |
| and subject to the
rules of evidence, a victim-witness | 13 |
| specialist, an advocate or other support person of the | 14 |
| victim's choice.
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| (10) The right to restitution.
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| (b) A statement and explanation of the rights of crime | 17 |
| victims set forth in
paragraph (a) of this Section shall be | 18 |
| given to a crime victim at the initial
contact with the | 19 |
| criminal justice system by the appropriate authorities and
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| shall be conspicuously posted in all court facilities.
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| (Source: P.A. 87-224; 88-489.)
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| (725 ILCS 120/6) (from Ch. 38, par. 1406)
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| Sec. 6. Rights to present victim impact statement.
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| (a) In any case where a defendant has been convicted of a | 25 |
| violent crime or a
juvenile has been adjudicated a delinquent |
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LRB095 06668 RLC 26778 b |
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| for a violent crime and a victim of the violent crime or the | 2 |
| victim's spouse,
guardian, parent, grandparent, or other | 3 |
| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition | 5 |
| hearing,
the victim or his or her representative shall have the | 6 |
| right and the victim's
spouse, guardian, parent, grandparent, | 7 |
| and other immediate
family or household member upon his, her, | 8 |
| or
their request may be permitted by the court to address the
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| court regarding the impact that the defendant's criminal | 10 |
| conduct
or the
juvenile's delinquent conduct has had upon them | 11 |
| and the victim.
The court has discretion to determine the | 12 |
| number of oral presentations of victim impact statements.
Any | 13 |
| impact
statement must have been prepared in writing in | 14 |
| conjunction with the Office
of the State's Attorney prior to | 15 |
| the initial hearing or sentencing, before
it can be presented | 16 |
| orally or in writing at the sentencing hearing. In
conjunction | 17 |
| with the Office of the State's Attorney, a victim impact | 18 |
| statement
that is presented orally may be done so by the victim | 19 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 20 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may | 22 |
| introduce
that evidence either in its
case in chief or in | 23 |
| rebuttal. The court shall
consider any impact statement | 24 |
| admitted
along with
all
other appropriate factors in | 25 |
| determining the sentence of the defendant or
disposition of | 26 |
| such juvenile.
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LRB095 06668 RLC 26778 b |
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| (b) The crime victim has the right to prepare a victim | 2 |
| impact statement
and present it to the Office of the State's | 3 |
| Attorney at any time during the
proceedings. Any written victim | 4 |
| impact statement submitted to the Office of the State's | 5 |
| Attorney shall be considered by the court during its | 6 |
| consideration of aggravation and mitigation in plea | 7 |
| proceedings under Supreme Court Rule 402.
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| (c) This Section shall apply to any victims of a violent | 9 |
| crime during any
dispositional hearing under Section 5-705 of | 10 |
| the Juvenile Court
Act of 1987 which takes place pursuant to an | 11 |
| adjudication or trial or plea of
delinquency for any such | 12 |
| offense.
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| (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
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