Full Text of HB5966 96th General Assembly
HB5966eng 96TH GENERAL ASSEMBLY
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HB5966 Engrossed |
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LRB096 18865 RLC 35780 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 Section 6 as follows:
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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 | 9 |
| violent crime or a
juvenile has been adjudicated a delinquent | 10 |
| for a violent crime and a victim of the violent crime or the | 11 |
| victim's spouse,
guardian, parent, grandparent, or other | 12 |
| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition | 14 |
| hearing,
the victim or his or her representative shall have the | 15 |
| right and the victim's
spouse, guardian, parent, grandparent, | 16 |
| and other immediate
family or household member upon his, her, | 17 |
| or
their request shall may be permitted by the court to orally | 18 |
| address the
court regarding the impact that the defendant's | 19 |
| criminal conduct
or the
juvenile's delinquent conduct has had | 20 |
| upon them and the victim.
The court has discretion to determine | 21 |
| the number of oral presentations of victim impact statements.
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| Any impact
statement must have been prepared in writing in | 23 |
| conjunction with the Office
of the State's Attorney prior to |
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HB5966 Engrossed |
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LRB096 18865 RLC 35780 b |
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| the initial hearing or sentencing, before
it can be presented | 2 |
| orally or in writing at the sentencing hearing. In
conjunction | 3 |
| with the Office of the State's Attorney, a victim impact | 4 |
| statement
that is presented orally may be done so by the victim | 5 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 6 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may | 8 |
| introduce
that evidence either in its
case in chief or in | 9 |
| rebuttal. The court shall
consider any impact statement | 10 |
| admitted
along with
all
other appropriate factors in | 11 |
| determining the sentence of the defendant or
disposition of | 12 |
| such juvenile.
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| (a-5) In any case where a defendant has been found not | 14 |
| guilty by reason of insanity of a violent crime and a hearing | 15 |
| has been ordered by the court under the Mental Health and | 16 |
| Developmental Disabilities Code to determine if the defendant | 17 |
| is: (1) in need of mental health services on an inpatient | 18 |
| basis; (2) in need of mental health services on an outpatient | 19 |
| basis; or (3) not in need of mental health services and a | 20 |
| victim of the violent crime or the victim's spouse,
guardian, | 21 |
| parent, grandparent, or other immediate family or household | 22 |
| member is present in
the
courtroom at the time of the initial | 23 |
| commitment hearing, the victim or his or her representative | 24 |
| shall have the right and the victim's
spouse, guardian, parent, | 25 |
| grandparent, and other immediate
family or household members | 26 |
| upon their request may be permitted by the court to address the
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HB5966 Engrossed |
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LRB096 18865 RLC 35780 b |
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| court regarding the impact that the defendant's criminal | 2 |
| conduct has had upon them and the victim.
The court has | 3 |
| discretion to determine the number of oral presentations of | 4 |
| victim impact statements.
Any impact
statement must have been | 5 |
| prepared in writing in conjunction with the Office
of the | 6 |
| State's Attorney prior to the initial commitment hearing, | 7 |
| before
it may be presented orally or in writing at the | 8 |
| commitment hearing. In
conjunction with the Office of the | 9 |
| State's Attorney, a victim impact statement
that is presented | 10 |
| orally may be presented so by the victim or the victim's | 11 |
| spouse,
guardian, parent, grandparent, or other immediate | 12 |
| family or household member or
his or her
representative. At the | 13 |
| initial commitment hearing, the State's Attorney may introduce
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| the statement either in its
case in chief or in rebuttal. The | 15 |
| court may only consider the impact statement along with all | 16 |
| other appropriate factors in determining the: (1) threat of | 17 |
| serious physical harm poised by the respondent to himself or | 18 |
| herself, or to another person; (2) location of inpatient or | 19 |
| outpatient mental health services ordered by the court, but | 20 |
| only after complying with all other applicable administrative, | 21 |
| rule, and statutory requirements; (3) maximum period of | 22 |
| commitment for inpatient mental health services; and (4) | 23 |
| conditions of release for outpatient mental health services | 24 |
| ordered by the court. | 25 |
| (b) The crime victim has the right to prepare a victim | 26 |
| impact statement
and present it to the Office of the State's |
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LRB096 18865 RLC 35780 b |
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| Attorney at any time during the
proceedings. Any written victim | 2 |
| impact statement submitted to the Office of the State's | 3 |
| Attorney shall be considered by the court during its | 4 |
| consideration of aggravation and mitigation in plea | 5 |
| proceedings under Supreme Court Rule 402.
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| (c) This Section shall apply to any victims of a violent | 7 |
| crime during any
dispositional hearing under Section 5-705 of | 8 |
| the Juvenile Court
Act of 1987 which takes place pursuant to an | 9 |
| adjudication or trial or plea of
delinquency for any such | 10 |
| offense.
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| (Source: P.A. 95-591, eff. 6-1-08; 96-117, eff. 1-1-10.)
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