Full Text of HB5472 99th General Assembly
HB5472sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 5/19/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5472
| 2 | | AMENDMENT NO. ______. Amend House Bill 5472 on page 1, by | 3 | | inserting immediately below line 3 the following:
| 4 | | "Section 3. The Rights of Crime Victims and Witnesses Act | 5 | | is amended by changing Section 3 as follows:
| 6 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 7 | | Sec. 3. The terms used in this Act shall have the following | 8 | | meanings:
| 9 | | (a) "Crime victim" or "victim" means: (1) any natural | 10 | | person determined by the prosecutor or the court to have | 11 | | suffered direct physical or psychological harm as a result of a | 12 | | violent crime perpetrated or attempted against that person or | 13 | | direct physical or psychological harm as a result of (i) a | 14 | | violation of Section 11-501 of the Illinois Vehicle Code or | 15 | | similar provision of a local ordinance or (ii) a violation of | 16 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code |
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| 1 | | of 2012; (2) in the case of a crime victim who is under 18 years | 2 | | of age or an adult victim who is incompetent or incapacitated, | 3 | | both parents, legal guardians, foster parents, or a single | 4 | | adult representative; (3) in the case of an adult deceased | 5 | | victim, 2 representatives who may be the spouse, parent, child | 6 | | or sibling of the victim, or the representative of the victim's | 7 | | estate; and (4) an immediate family member of a victim under | 8 | | clause (1) of this paragraph (a) chosen by the victim. If the | 9 | | victim is 18 years of age or over, the victim may choose any | 10 | | person to be the victim's representative. In no event shall the | 11 | | defendant or any person who aided and abetted in the commission | 12 | | of the crime be considered a victim, a crime victim, or a | 13 | | representative of the victim. | 14 | | A board, agency, or other governmental entity making | 15 | | decisions regarding an offender's release, sentence reduction, | 16 | | or clemency can determine additional persons are victims for | 17 | | the purpose of its proceedings. person with a disability
| 18 | | (a-3) "Advocate" means a person whose communications with | 19 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 20 | | the Code of Civil Procedure, or Section 227 of the Illinois | 21 | | Domestic Violence Act of 1986. | 22 | | (a-5) "Confer" means to consult together, share | 23 | | information, compare opinions and carry on a discussion or | 24 | | deliberation. | 25 | | (a-7) "Sentence" includes, but is not limited to, the | 26 | | imposition of sentence, a request for a reduction in sentence, |
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| 1 | | parole, mandatory supervised release, aftercare release, early | 2 | | release, clemency, or a proposal that would reduce the | 3 | | defendant's sentence or result in the defendant's release. | 4 | | "Early release" refers to a discretionary release. | 5 | | (a-9) "Sentencing" includes, but is not limited to, the | 6 | | imposition of sentence and a request for a reduction in | 7 | | sentence, parole, mandatory supervised release, aftercare | 8 | | release, or early release. | 9 | | (b) "Witness" means : any person who personally observed the | 10 | | commission of
a crime and who will testify on behalf of the | 11 | | State of Illinois ; or a person who will be called by the | 12 | | prosecution to give testimony establishing a necessary nexus | 13 | | between the offender and the violent crime .
| 14 | | (c) "Violent crime Crime " means: (1) any felony in which | 15 | | force or threat of force was
used against the victim; (2) any | 16 | | offense involving sexual exploitation, sexual
conduct , or | 17 | | sexual penetration; (3) a violation of Section 11-20.1, | 18 | | 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or | 19 | | the Criminal Code of 2012; (4) domestic battery or , stalking; | 20 | | (5) violation of an order of
protection, a civil no contact | 21 | | order, or a stalking no contact order; (6) any misdemeanor | 22 | | which results in death or great bodily
harm to the victim; or | 23 | | (7) any violation of Section 9-3 of the Criminal Code of
1961 | 24 | | or the Criminal Code of 2012, or Section 11-501 of the Illinois | 25 | | Vehicle
Code, or a similar provision of a local ordinance, if | 26 | | the violation resulted
in personal injury or death. "Violent |
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| 1 | | crime" includes any action committed by a juvenile
that would | 2 | | be a violent crime if committed by an adult. For the purposes | 3 | | of
this paragraph, "personal injury" shall include any Type A | 4 | | injury as indicated
on the traffic accident report completed by | 5 | | a law enforcement officer that
requires immediate professional | 6 | | attention in either a doctor's office or
medical facility. A | 7 | | type A injury shall include severely bleeding wounds,
distorted | 8 | | extremities, and injuries that require the injured party to be
| 9 | | carried from the scene.
| 10 | | (d) (Blank).
| 11 | | (e) "Court proceedings" includes, but is not limited to, | 12 | | the preliminary hearing, any post-arraignment hearing the
| 13 | | effect of which may be the release of the defendant from | 14 | | custody or to alter
the conditions of bond, change of plea | 15 | | hearing, the trial, any pretrial or post-trial hearing, | 16 | | sentencing, any oral argument or hearing before an Illinois | 17 | | appellate court, any hearing under the Mental Health and | 18 | | Developmental Disabilities Code after a finding that the | 19 | | defendant is not guilty by reason of insanity, any
hearing | 20 | | related to a modification of sentence, probation revocation | 21 | | hearing, aftercare release or parole hearings, post-conviction | 22 | | relief proceedings, habeas corpus proceedings and clemency | 23 | | proceedings related to the defendant's conviction or sentence. | 24 | | For purposes of the victim's right to be present, "court | 25 | | proceedings" does not include (1) hearings under Section 109-1 | 26 | | of the Code of Criminal Procedure of 1963, (2) grand jury |
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| 1 | | proceedings, (3) status hearings, or (4) the issuance of an | 2 | | order or decision of an Illinois court that dismisses a charge, | 3 | | reverses a conviction, reduces a sentence, or releases an | 4 | | offender under a court rule.
| 5 | | (f) "Concerned citizen"
includes relatives of the victim, | 6 | | friends of the victim, witnesses to the
crime, or any other | 7 | | person associated with the victim or prisoner. | 8 | | (g) "Victim's attorney" means an attorney retained by the | 9 | | victim for the purposes of asserting the victim's | 10 | | constitutional and statutory rights. An attorney retained by | 11 | | the victim means an attorney who is hired to represent the | 12 | | victim at the victim's expense or an attorney who has agreed to | 13 | | provide pro bono representation. Nothing in this statute | 14 | | creates a right to counsel at public expense for a victim. | 15 | | (Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15; | 16 | | 99-413, eff. 8-20-15; revised 10-19-15.)".
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