Full Text of HB1641 95th General Assembly
HB1641enr 95TH GENERAL ASSEMBLY
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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 2. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 9-3 and 12-2 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | 9 |
| without lawful
justification commits involuntary manslaughter | 10 |
| if his acts whether lawful
or unlawful which cause the death | 11 |
| are such as are likely to cause death or
great bodily harm to | 12 |
| some individual, and he performs them recklessly,
except in | 13 |
| cases in which the cause of the death consists of the driving | 14 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 15 |
| vehicle, or watercraft,
in which case the person commits | 16 |
| reckless homicide. A person commits reckless homicide if he or | 17 |
| she unintentionally kills an individual while driving a vehicle | 18 |
| and using an incline in a roadway, such as a railroad crossing, | 19 |
| bridge
approach, or hill, to cause the vehicle to become | 20 |
| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | 6 |
| cases involving
reckless homicide in which the defendant : (1)
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| was
driving in a construction or maintenance zone, as defined | 8 |
| in Section 11-605
of the Illinois Vehicle Code , or (2) was | 9 |
| operating a vehicle while failing or refusing to comply with | 10 |
| any lawful order or direction of any authorized police officer | 11 |
| or traffic control aide engaged in traffic control ,
the penalty | 12 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 13 |
| of imprisonment, shall be sentenced to a term of
not less than | 14 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 16 |
| defendant caused the deaths of 2 or more persons as part of a | 17 |
| single course of conduct and: (1) was
driving in a construction | 18 |
| or maintenance zone, as defined in Section 11-605
of the | 19 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 20 |
| failing or refusing to comply with any lawful order or | 21 |
| direction of any authorized police officer or traffic control | 22 |
| aide engaged in traffic control
and caused the deaths of 2 or | 23 |
| more persons as
part of a single course of conduct ,
the penalty | 24 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 25 |
| of imprisonment, shall be sentenced to a term of
not less than | 26 |
| 6 years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 2 |
| defendant drove a vehicle and used an incline in a roadway, | 3 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 4 |
| the vehicle to become airborne, and caused the deaths of 2 or | 5 |
| more persons as
part of a single course of conduct,
the penalty | 6 |
| is a Class 2 felony.
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| (f) In cases involving involuntary manslaughter in which | 8 |
| the victim was a
family or household member as defined in | 9 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 10 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 11 |
| which a
person if sentenced to a term of imprisonment, shall be | 12 |
| sentenced to a term of
not less than 3 years and not more than | 13 |
| 14 years.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | 15 |
| eff. 7-18-03; 93-682, eff. 1-1-05.)
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| Sec. 12-2. Aggravated assault.
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| (a) A person commits an aggravated assault, when, in | 19 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 21 |
| designed to be
substantially similar in appearance to a | 22 |
| firearm, other than by
discharging a firearm in the | 23 |
| direction of another person, a peace
officer, a person | 24 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle |
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| occupied by another
person, a peace officer, a person | 2 |
| summoned or directed by a peace officer,
a correctional | 3 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 5 |
| to prevent the
officer or fireman from performing his | 6 |
| official duties, or in retaliation
for the officer or | 7 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 9 |
| conceal his
identity or any device manufactured and | 10 |
| designed to be substantially
similar in appearance to a | 11 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 13 |
| other person
employed in any school and such teacher or | 14 |
| other employee is upon the
grounds of a school or grounds | 15 |
| adjacent thereto, or is in any part of a
building used for | 16 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, | 18 |
| director,
instructor or other person employed in any park | 19 |
| district and such
supervisor, director, instructor or | 20 |
| other employee is upon the grounds of
the park or grounds | 21 |
| adjacent thereto, or is in any part of a building used
for | 22 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 24 |
| investigator, or
other person employed by the Department of | 25 |
| Healthcare and Family Services (formerly State Department | 26 |
| of Public Aid ) , a
County
Department of Public Aid, or the |
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| Department of Human Services (acting as
successor to the | 2 |
| Illinois Department of Public Aid under the Department of
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| Human Services Act) and such caseworker, investigator, or | 4 |
| other person
is upon the grounds of a public aid office or | 5 |
| grounds adjacent thereto, or
is in any part of a building | 6 |
| used for public aid purposes, or upon the
grounds of a home | 7 |
| of a public aid applicant, recipient or any other person
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| being interviewed or investigated in the employees' | 9 |
| discharge of his
duties, or on grounds adjacent thereto, or | 10 |
| is in any part of a building in
which the applicant, | 11 |
| recipient, or other such person resides or is located;
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| (6) Knows the individual assaulted to be a peace | 13 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 15 |
| any of his
official duties, or to prevent the officer, | 16 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 18 |
| community policing
volunteer, or fireman
performing his | 19 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 21 |
| or fireman or
in the direction of a vehicle occupied by the | 22 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 24 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 26 |
| paramedic, ambulance
driver or other medical
assistance or |
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| first aid personnel engaged in the
execution of any of his | 2 |
| official duties, or to prevent the
emergency medical | 3 |
| technician - ambulance, emergency medical
technician - | 4 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 6 |
| personnel from
performing his official duties, or in | 7 |
| retaliation for the
emergency medical technician - | 8 |
| ambulance, emergency medical
technician - intermediate, | 9 |
| emergency medical technician - paramedic,
ambulance | 10 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 13 |
| operator, employee
or passenger of any transportation | 14 |
| facility or system engaged in the
business of | 15 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 17 |
| such public
transportation as a passenger or using any area | 18 |
| of any description
designated by the transportation | 19 |
| facility or system as a vehicle boarding,
departure, or | 20 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 22 |
| way, public
property, or public place of accommodation or | 23 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 25 |
| publicly or privately owned sports or entertainment arena, | 26 |
| stadium, community or convention hall, special event |
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| center, amusement facility, or a special event center in a | 2 |
| public park during any 24-hour period when a professional | 3 |
| sporting event, National Collegiate Athletic Association | 4 |
| (NCAA)-sanctioned sporting event, United States Olympic | 5 |
| Committee-sanctioned sporting event, or International | 6 |
| Olympic Committee-sanctioned sporting event is taking | 7 |
| place in this venue;
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| (10) Knows the individual assaulted to be an employee | 9 |
| of the State of
Illinois, a municipal corporation therein | 10 |
| or a political subdivision
thereof, engaged in the | 11 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 13 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 15 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 18 |
| correctional officer, while
the officer is engaged in the | 19 |
| execution of any of his or her official duties,
or to | 20 |
| prevent the officer from performing his or her official | 21 |
| duties, or in
retaliation for the officer performing his or | 22 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 24 |
| correctional employee or
an employee of the Department of | 25 |
| Human Services supervising or controlling
sexually | 26 |
| dangerous persons or sexually violent persons, while
the |
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| employee is engaged in the execution of any of his or her | 2 |
| official duties,
or to prevent the employee from performing | 3 |
| his or her official duties, or in
retaliation for the | 4 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 6 |
| firearm in the direction
of the employee or in the | 7 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 9 |
| of a police or
sheriff's department , or a person who is | 10 |
| employed by a municipality and whose duties include traffic | 11 |
| control, engaged in the performance of his or her official | 12 |
| duties
as such employee; or
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| (17) Knows the individual assaulted to be a sports | 14 |
| official or coach at any level of competition and the act | 15 |
| causing the assault to the sports official or coach | 16 |
| occurred within an athletic facility or an indoor or | 17 |
| outdoor playing field or within the immediate vicinity of | 18 |
| the athletic facility or an indoor or outdoor playing field | 19 |
| at which the sports official or coach was an active | 20 |
| participant in the athletic contest held at the athletic | 21 |
| facility. For the purposes of this paragraph (17), "sports | 22 |
| official" means a person at an athletic contest who | 23 |
| enforces the rules of the contest, such as an umpire or | 24 |
| referee; and "coach" means a person recognized as a coach | 25 |
| by the sanctioning authority that conducted the athletic | 26 |
| contest ; or .
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| (18) Knows the individual assaulted to be an emergency | 2 |
| management
worker, while the emergency management worker | 3 |
| is engaged in the execution of
any of his or her official | 4 |
| duties,
or to prevent the emergency management worker from | 5 |
| performing his or her
official duties, or in retaliation | 6 |
| for the emergency management worker
performing his or her | 7 |
| official duties, and the assault is committed other than
by | 8 |
| the discharge of a firearm in the direction of the | 9 |
| emergency management
worker or in the direction of a | 10 |
| vehicle occupied by the emergency management
worker.
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| (a-5) A person commits an aggravated assault when he or she | 12 |
| knowingly and
without lawful justification shines or flashes a | 13 |
| laser gunsight or other laser
device that is attached or | 14 |
| affixed to a firearm, or used in concert with a
firearm, so | 15 |
| that the laser beam strikes near or in the immediate vicinity | 16 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 19 |
| and (8) through
(12) and (17) of subsection (a) of this Section | 20 |
| is a Class A misdemeanor. Aggravated
assault as defined in | 21 |
| paragraphs (13), (14), and (15) of subsection (a) of this
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| Section and as defined in subsection (a-5) of this Section is a | 23 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), (16), and (18) of
subsection (a) of this Section is a | 25 |
| Class A misdemeanor if a firearm is not
used in the commission | 26 |
| of the assault. Aggravated assault as defined in
paragraphs |
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| (6), (7), (16), and (18) of subsection (a) of this
Section is a | 2 |
| Class 4 felony if a firearm is used in the commission of the
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| assault.
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| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | 5 |
| eff. 1-1-06; revised 12-15-05.)
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 7 |
| 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 | 10 |
| clearly
requires otherwise, shall have the following meanings:
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| (a) "Crime victim" means (1) a person physically injured in | 12 |
| this State as a
result of a violent crime perpetrated or | 13 |
| attempted against that person or (2) a
person who suffers | 14 |
| 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) a single
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| representative who
may be the spouse, parent, child or sibling | 17 |
| of a person killed as a result of a
violent crime perpetrated | 18 |
| against the person killed or the spouse, parent,
child or | 19 |
| sibling of any person granted rights under this Act who is | 20 |
| physically
or mentally incapable of exercising such rights, | 21 |
| except where the spouse,
parent, child or sibling is also the | 22 |
| defendant or prisoner or (4) any person
against whom a violent | 23 |
| crime has been committed or (5) any person
who has suffered | 24 |
| personal injury as a result of a violation of Section 11-501
of |
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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 , legal guardians, foster parents, or a | 5 |
| single adult representative of a deceased minor or disabled | 6 |
| person who is a crime victim;
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| (b) "Witness" means any person who personally observed the | 8 |
| commission of
a violent crime and who will testify on behalf of | 9 |
| the State of Illinois in
the criminal prosecution of the | 10 |
| violent crime;
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| (c) "Violent Crime" means any felony in which force or | 12 |
| threat of force was
used against the victim, or any offense | 13 |
| involving sexual exploitation, sexual
conduct or sexual | 14 |
| penetration, domestic battery, violation of an order of
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| protection, stalking, or any misdemeanor which results in death | 16 |
| or great bodily
harm to the victim or any violation of Section | 17 |
| 9-3 of the Criminal Code of
1961, or Section 11-501 of the | 18 |
| Illinois Vehicle
Code, or a similar provision of a local | 19 |
| ordinance, if the violation resulted
in personal injury or | 20 |
| death, and includes any action committed by a juvenile
that | 21 |
| would be a violent crime if committed by an adult. For the | 22 |
| purposes of
this paragraph, "personal injury" shall include any | 23 |
| Type A injury as indicated
on the traffic accident report | 24 |
| completed by a law enforcement officer that
requires immediate | 25 |
| professional attention in either a doctor's office or
medical | 26 |
| facility. A type A injury shall include severely bleeding |
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| wounds,
distorted extremities, and injuries that require the | 2 |
| injured party to be
carried from the scene;
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| (d) "Sentencing Hearing" means any hearing where a sentence | 4 |
| is imposed
by the court on a convicted defendant and includes | 5 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 6 |
| and 5-7-7 of the Unified Code of
Corrections except those cases | 7 |
| in which both parties have agreed to the
imposition of a | 8 |
| specific sentence.
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| (e) "Court proceedings" includes the preliminary hearing, | 10 |
| any hearing the
effect of which may be the release of the | 11 |
| defendant from custody or to alter
the conditions of bond, the | 12 |
| trial, sentencing hearing, notice of appeal, any
modification | 13 |
| 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 | 19 |
| for their dignity
and privacy throughout the criminal | 20 |
| 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 | 24 |
| sentencing.
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| (5) The right to information about the conviction, |
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| sentence, imprisonment
and release of the accused.
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| (6) The right to the timely disposition of the case | 3 |
| following the arrest
of the accused.
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| (7) The right to be reasonably protected from the | 5 |
| accused through the
criminal justice process.
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| (8) The right to be present at the trial and all other | 7 |
| court proceedings
on the same basis as the accused, unless | 8 |
| the victim is to testify and the court
determines that the | 9 |
| 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, | 12 |
| including proceedings under the Juvenile Court Act of 1987, | 13 |
| subject to the admonition of the rules of confidentiality | 14 |
| and subject to the
rules of evidence, a victim-witness | 15 |
| specialist, an advocate or other support person of the | 16 |
| 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 | 19 |
| victims set forth in
paragraph (a) of this Section shall be | 20 |
| given to a crime victim at the initial
contact with the | 21 |
| 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 | 2 |
| violent crime or a
juvenile has been adjudicated a delinquent | 3 |
| for a violent crime and a victim of the violent crime or the | 4 |
| victim's spouse,
guardian, parent, grandparent, or other | 5 |
| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition | 7 |
| hearing,
the victim or his or her representative shall have the | 8 |
| right and the victim's
spouse, guardian, parent, grandparent, | 9 |
| and other immediate
family or household member upon his, her, | 10 |
| 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 | 12 |
| conduct
or the
juvenile's delinquent conduct has had upon them | 13 |
| and the victim.
The court has discretion to determine the | 14 |
| number of oral presentations of victim impact statements.
Any | 15 |
| impact
statement must have been prepared in writing in | 16 |
| conjunction with the Office
of the State's Attorney prior to | 17 |
| the initial hearing or sentencing, before
it can be presented | 18 |
| orally or in writing at the sentencing hearing. In
conjunction | 19 |
| with the Office of the State's Attorney, a victim impact | 20 |
| statement
that is presented orally may be done so by the victim | 21 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 22 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may | 24 |
| introduce
that evidence either in its
case in chief or in | 25 |
| rebuttal. The court shall
consider any impact statement | 26 |
| admitted
along with
all
other appropriate factors in |
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| determining the sentence of the defendant or
disposition of | 2 |
| such juvenile.
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| (b) The crime victim has the right to prepare a victim | 4 |
| impact statement
and present it to the Office of the State's | 5 |
| Attorney at any time during the
proceedings. Any written victim | 6 |
| impact statement submitted to the Office of the State's | 7 |
| Attorney shall be considered by the court during its | 8 |
| consideration of aggravation and mitigation in plea | 9 |
| proceedings under Supreme Court Rule 402.
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| (c) This Section shall apply to any victims of a violent | 11 |
| crime during any
dispositional hearing under Section 5-705 of | 12 |
| the Juvenile Court
Act of 1987 which takes place pursuant to an | 13 |
| adjudication or trial or plea of
delinquency for any such | 14 |
| offense.
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| (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
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| Section 99. Effective date. Section 2 and this Section take | 17 |
| effect upon becoming law.
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