HB1168ham002 103RD GENERAL ASSEMBLY

Rep. Daniel Didech

Filed: 3/2/2023

 

 


 

 


 
10300HB1168ham002LRB103 04746 RLC 58085 a

1
AMENDMENT TO HOUSE BILL 1168

2    AMENDMENT NO. ______. Amend House Bill 1168 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rights of Crime Victims and Witnesses Act
5is amended by changing Sections 3 and 4 as follows:
 
6    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 3. The terms used in this Act shall have the following
9meanings:
10    (a) "Crime victim" or "victim" means: (1) any natural
11person determined by the prosecutor or the court to have
12suffered direct physical or psychological harm as a result of
13a violent crime perpetrated or attempted against that person
14or direct physical or psychological harm as a result of (i) a
15violation of Section 11-501 of the Illinois Vehicle Code or
16similar provision of a local ordinance or (ii) a violation of

 

 

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1Section 9-3 of the Criminal Code of 1961 or the Criminal Code
2of 2012; (2) in the case of a crime victim who is under 18
3years of age or an adult victim who is incompetent or
4incapacitated, both parents, legal guardians, foster parents,
5or a single adult representative; (3) in the case of an adult
6deceased victim, 2 representatives who may be the spouse,
7parent, child or sibling of the victim, or the representative
8of the victim's estate; and (4) an immediate family member of a
9victim under clause (1) of this paragraph (a) chosen by the
10victim. If the victim is 18 years of age or over, the victim
11may choose any person to be the victim's representative. In no
12event shall the defendant or any person who aided and abetted
13in the commission of the crime be considered a victim, a crime
14victim, or a representative of the victim.
15    A board, agency, or other governmental entity making
16decisions regarding an offender's release, sentence reduction,
17or clemency can determine additional persons are victims for
18the purpose of its proceedings.
19    (a-3) "Advocate" means a person whose communications with
20the victim are privileged under Section 8-802.1 or 8-802.2 of
21the Code of Civil Procedure, or Section 227 of the Illinois
22Domestic Violence Act of 1986.
23    (a-5) "Confer" means to consult together, share
24information, compare opinions and carry on a discussion or
25deliberation.
26    (a-7) "Sentence" includes, but is not limited to, the

 

 

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1imposition of sentence, a request for a reduction in sentence,
2parole, mandatory supervised release, aftercare release, early
3release, inpatient treatment, outpatient treatment,
4conditional release after a finding that the defendant is not
5guilty by reason of insanity, clemency, or a proposal that
6would reduce the defendant's sentence or result in the
7defendant's release. "Early release" refers to a discretionary
8release.
9    (a-9) "Sentencing" includes, but is not limited to, the
10imposition of sentence and a request for a reduction in
11sentence, parole, mandatory supervised release, aftercare
12release, early release, consideration of inpatient treatment
13or outpatient treatment, or conditional release after a
14finding that the defendant is not guilty by reason of
15insanity.
16    (a-10) "Status hearing" means a hearing designed to
17provide information to the court, at which no motion of a
18substantive nature and no constitutional or statutory right of
19a crime victim is implicated or at issue.
20    (b) "Witness" means: any person who personally observed
21the commission of a crime and who will testify on behalf of the
22State of Illinois; or a person who will be called by the
23prosecution to give testimony establishing a necessary nexus
24between the offender and the violent crime.
25    (c) "Violent crime" means: (1) any felony in which force
26or threat of force was used against the victim; (2) any offense

 

 

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1involving sexual exploitation, sexual conduct, or sexual
2penetration; (3) a violation of Section 11-20.1, 11-20.1B,
311-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
4Criminal Code of 2012; (4) domestic battery or stalking; (5)
5violation of an order of protection, a civil no contact order,
6or a stalking no contact order; (6) any misdemeanor which
7results in death or great bodily harm to the victim; or (7) any
8violation of Section 9-3 of the Criminal Code of 1961 or the
9Criminal Code of 2012, or Section 11-501 of the Illinois
10Vehicle Code, or a similar provision of a local ordinance, if
11the violation resulted in personal injury or death. "Violent
12crime" includes any action committed by a juvenile that would
13be a violent crime if committed by an adult. For the purposes
14of this paragraph, "personal injury" shall include any Type A
15injury as indicated on the traffic accident report completed
16by a law enforcement officer that requires immediate
17professional attention in either a doctor's office or medical
18facility. A type A injury shall include severely bleeding
19wounds, distorted extremities, and injuries that require the
20injured party to be carried from the scene.
21    (d) (Blank).
22    (e) "Court proceedings" includes, but is not limited to,
23the preliminary hearing, any post-arraignment hearing the
24effect of which may be the release of the defendant from
25custody or to alter the conditions of bond, change of plea
26hearing, the trial, any pretrial or post-trial hearing,

 

 

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1sentencing, any oral argument or hearing before an Illinois
2appellate court, any hearing under the Mental Health and
3Developmental Disabilities Code or Section 5-2-4 of the
4Unified Code of Corrections after a finding that the defendant
5is not guilty by reason of insanity, including a hearing for
6conditional release, any hearing related to a modification of
7sentence, probation revocation hearing, aftercare release or
8parole hearings, post-conviction relief proceedings, habeas
9corpus proceedings and clemency proceedings related to the
10defendant's conviction or sentence. For purposes of the
11victim's right to be present, "court proceedings" does not
12include (1) hearings under Section 109-1 of the Code of
13Criminal Procedure of 1963, (2) grand jury proceedings, (3)
14status hearings, or (4) the issuance of an order or decision of
15an Illinois court that dismisses a charge, reverses a
16conviction, reduces a sentence, or releases an offender under
17a court rule.
18    (f) "Concerned citizen" includes relatives of the victim,
19friends of the victim, witnesses to the crime, or any other
20person associated with the victim or prisoner.
21    (g) "Victim's attorney" means an attorney retained by the
22victim for the purposes of asserting the victim's
23constitutional and statutory rights. An attorney retained by
24the victim means an attorney who is hired to represent the
25victim at the victim's expense or an attorney who has agreed to
26provide pro bono representation. Nothing in this statute

 

 

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1creates a right to counsel at public expense for a victim.
2    (h) "Support person" means a person chosen by a victim to
3be present at court proceedings.
4(Source: P.A. 102-1104, eff. 1-1-23.)
 
5    (Text of Section after amendment by P.A. 102-982)
6    Sec. 3. The terms used in this Act shall have the following
7meanings:
8    (a) "Crime victim" or "victim" means: (1) any natural
9person determined by the prosecutor or the court to have
10suffered direct physical or psychological harm as a result of
11a violent crime perpetrated or attempted against that person
12or direct physical or psychological harm as a result of (i) a
13violation of Section 11-501 of the Illinois Vehicle Code or
14similar provision of a local ordinance or (ii) a violation of
15Section 9-3 of the Criminal Code of 1961 or the Criminal Code
16of 2012; (2) in the case of a crime victim who is under 18
17years of age or an adult victim who is incompetent or
18incapacitated, both parents, legal guardians, foster parents,
19or a single adult representative; (3) in the case of an adult
20deceased victim, 2 representatives who may be the spouse,
21parent, child or sibling of the victim, or the representative
22of the victim's estate; and (4) an immediate family member of a
23victim under clause (1) of this paragraph (a) chosen by the
24victim. If the victim is 18 years of age or over, the victim
25may choose any person to be the victim's representative. In no

 

 

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1event shall the defendant or any person who aided and abetted
2in the commission of the crime be considered a victim, a crime
3victim, or a representative of the victim.
4    A board, agency, or other governmental entity making
5decisions regarding an offender's release, sentence reduction,
6or clemency can determine additional persons are victims for
7the purpose of its proceedings.
8    (a-3) "Advocate" means a person whose communications with
9the victim are privileged under Section 8-802.1 or 8-802.2 of
10the Code of Civil Procedure, or Section 227 of the Illinois
11Domestic Violence Act of 1986.
12    (a-5) "Confer" means to consult together, share
13information, compare opinions and carry on a discussion or
14deliberation.
15    (a-6) "DNA database" means a collection of DNA profiles
16from forensic casework or specimens from anonymous,
17identified, and unidentified sources that is created to search
18DNA records against each other to develop investigative leads
19among forensic cases.
20    (a-7) "Sentence" includes, but is not limited to, the
21imposition of sentence, a request for a reduction in sentence,
22parole, mandatory supervised release, aftercare release, early
23release, inpatient treatment, outpatient treatment,
24conditional release after a finding that the defendant is not
25guilty by reason of insanity, clemency, or a proposal that
26would reduce the defendant's sentence or result in the

 

 

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1defendant's release. "Early release" refers to a discretionary
2release.
3    (a-9) "Sentencing" includes, but is not limited to, the
4imposition of sentence and a request for a reduction in
5sentence, parole, mandatory supervised release, aftercare
6release, early release, consideration of inpatient treatment
7or outpatient treatment, or conditional release after a
8finding that the defendant is not guilty by reason of
9insanity.
10    (a-10) "Status hearing" means a hearing designed to
11provide information to the court, at which no motion of a
12substantive nature and no constitutional or statutory right of
13a crime victim is implicated or at issue.
14    (b) "Witness" means: any person who personally observed
15the commission of a crime and who will testify on behalf of the
16State of Illinois; or a person who will be called by the
17prosecution to give testimony establishing a necessary nexus
18between the offender and the violent crime.
19    (c) "Violent crime" means: (1) any felony in which force
20or threat of force was used against the victim; (2) any offense
21involving sexual exploitation, sexual conduct, or sexual
22penetration; (3) a violation of Section 11-20.1, 11-20.1B,
2311-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
24Criminal Code of 2012; (4) domestic battery or stalking; (5)
25violation of an order of protection, a civil no contact order,
26or a stalking no contact order; (6) any misdemeanor which

 

 

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1results in death or great bodily harm to the victim; or (7) any
2violation of Section 9-3 of the Criminal Code of 1961 or the
3Criminal Code of 2012, or Section 11-501 of the Illinois
4Vehicle Code, or a similar provision of a local ordinance, if
5the violation resulted in personal injury or death. "Violent
6crime" includes any action committed by a juvenile that would
7be a violent crime if committed by an adult. For the purposes
8of this paragraph, "personal injury" shall include any Type A
9injury as indicated on the traffic crash report completed by a
10law enforcement officer that requires immediate professional
11attention in either a doctor's office or medical facility. A
12type A injury shall include severely bleeding wounds,
13distorted extremities, and injuries that require the injured
14party to be carried from the scene.
15    (d) (Blank).
16    (e) "Court proceedings" includes, but is not limited to,
17the preliminary hearing, any post-arraignment hearing the
18effect of which may be the release of the defendant from
19custody or to alter the conditions of bond, change of plea
20hearing, the trial, any pretrial or post-trial hearing,
21sentencing, any oral argument or hearing before an Illinois
22appellate court, any hearing under the Mental Health and
23Developmental Disabilities Code or Section 5-2-4 of the
24Unified Code of Corrections after a finding that the defendant
25is not guilty by reason of insanity, including a hearing for
26conditional release, any hearing related to a modification of

 

 

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1sentence, probation revocation hearing, aftercare release or
2parole hearings, post-conviction relief proceedings, habeas
3corpus proceedings and clemency proceedings related to the
4defendant's conviction or sentence. For purposes of the
5victim's right to be present, "court proceedings" does not
6include (1) grand jury proceedings, (2) status hearings, or
7(3) the issuance of an order or decision of an Illinois court
8that dismisses a charge, reverses a conviction, reduces a
9sentence, or releases an offender under a court rule.
10    (f) "Concerned citizen" includes relatives of the victim,
11friends of the victim, witnesses to the crime, or any other
12person associated with the victim or prisoner.
13    (g) "Victim's attorney" means an attorney retained by the
14victim for the purposes of asserting the victim's
15constitutional and statutory rights. An attorney retained by
16the victim means an attorney who is hired to represent the
17victim at the victim's expense or an attorney who has agreed to
18provide pro bono representation. Nothing in this statute
19creates a right to counsel at public expense for a victim.
20    (h) "Support person" means a person chosen by a victim to
21be present at court proceedings.
22(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
 
23    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
24    Sec. 4. Rights of crime victims.
25    (a) Crime victims shall have the following rights:

 

 

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1        (1) The right to be treated with fairness and respect
2    for their dignity and privacy and to be free from
3    harassment, intimidation, and abuse throughout the
4    criminal justice process.
5        (1.5) The right to notice and to a hearing before a
6    court ruling on a request for access to any of the victim's
7    records, information, or communications which are
8    privileged or confidential by law.
9        (1.6) Except as otherwise provided in Section 9.5 of
10    the Criminal Identification Act or Section 3-3013 of the
11    Counties Code, whenever a person's DNA profile is
12    collected due to the person being a victim of a crime, as
13    identified by law enforcement, that specific profile
14    collected in conjunction with that criminal investigation
15    shall not be entered into any DNA database. Nothing in
16    this paragraph (1.6) shall be interpreted to contradict
17    rules and regulations developed by the Federal Bureau of
18    Investigation relating to the National DNA Index System or
19    Combined DNA Index System.
20        (2) The right to timely notification of all court
21    proceedings.
22        (3) The right to communicate with the prosecution.
23        (4) The right to be heard at any post-arraignment
24    court proceeding in which a right of the victim is at issue
25    and any court proceeding involving a post-arraignment
26    release decision, plea, or sentencing.

 

 

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1        (5) The right to be notified of the conviction, the
2    sentence, the imprisonment and the release of the accused.
3        (6) The right to the timely disposition of the case
4    following the arrest of the accused.
5        (7) The right to be reasonably protected from the
6    accused through the criminal justice process.
7        (7.5) The right to have the safety of the victim and
8    the victim's family considered in determining whether to
9    release the defendant and setting conditions of release
10    after arrest and conviction.
11        (8) The right to be present at the trial and all other
12    court proceedings on the same basis as the accused, unless
13    the victim is to testify and the court determines that the
14    victim's testimony would be materially affected if the
15    victim hears other testimony at the trial.
16        (9) The right to have present at all court
17    proceedings, including proceedings under the Juvenile
18    Court Act of 1987, subject to the rules of evidence, an
19    advocate and other support person of the victim's choice.
20        (10) The right to restitution.
21    (b) Any law enforcement agency that investigates an
22offense committed in this State shall provide a crime victim
23with a written statement and explanation of the rights of
24crime victims under this amendatory Act of the 99th General
25Assembly within 48 hours of law enforcement's initial contact
26with a victim. The statement shall include information about

 

 

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1crime victim compensation, including how to contact the Office
2of the Illinois Attorney General to file a claim, and
3appropriate referrals to local and State programs that provide
4victim services. The content of the statement shall be
5provided to law enforcement by the Attorney General. Law
6enforcement shall also provide a crime victim with a sign-off
7sheet that the victim shall sign and date as an
8acknowledgement that he or she has been furnished with
9information and an explanation of the rights of crime victims
10and compensation set forth in this Act.
11    (b-5) Upon the request of the victim, the law enforcement
12agency having jurisdiction shall provide a free copy of the
13police report concerning the victim's incident, as soon as
14practicable, but in no event later than 5 business days from
15the request.
16    (c) The Clerk of the Circuit Court shall post the rights of
17crime victims set forth in Article I, Section 8.1(a) of the
18Illinois Constitution and subsection (a) of this Section
19within 3 feet of the door to any courtroom where criminal
20proceedings are conducted. The clerk may also post the rights
21in other locations in the courthouse.
22    (d) At any point, the victim has the right to retain a
23victim's attorney who may be present during all stages of any
24interview, investigation, or other interaction with
25representatives of the criminal justice system. Treatment of
26the victim should not be affected or altered in any way as a

 

 

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1result of the victim's decision to exercise this right.
2(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.".