State of Illinois
92nd General Assembly

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


HB0863 Engrossed                               LRB9204826RCsb

 1        AN ACT in relation to victims' rights.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Rights of Crime Victims and Witnesses Act
 5    is amended by changing Section 6 as follows:

 6        (725 ILCS 120/6) (from Ch. 38, par. 1406)
 7        Sec. 6.  Rights to present victim impact statement.
 8        (a)  In any case where a defendant has been convicted  of
 9    a  violent  crime  or  a  juvenile  has  been  adjudicated  a
10    delinquent  for  a  violent  crime except those in which both
11    parties have agreed to the imposition of a specific sentence,
12    and a victim of the violent crime  or  the  victim's  spouse,
13    guardian,  parent,  or  other  immediate  family or household
14    member is present  in  the  courtroom  at  the  time  of  the
15    sentencing  or  the  disposition  hearing, the victim and the
16    victim's spouse, guardian, parent, or other immediate  family
17    or  household  member  upon his, or her, or their request may
18    shall have the right  to  address  the  court  regarding  the
19    impact  that  which  the  defendant's criminal conduct or the
20    juvenile's delinquent conduct  has  had  upon  them  and  the
21    victim. Any If the victim chooses to exercise this right, the
22    impact  statement  must  have  been  prepared  in  writing in
23    conjunction with the Office of the State's Attorney prior  to
24    the initial hearing or sentencing, before it can be presented
25    orally   or   in  writing  at  the  sentencing  hearing.   In
26    conjunction with the Office of the State's Attorney, a victim
27    impact statement that is presented orally may be done  so  by
28    the victim or the victim's spouse, guardian, parent, or other
29    immediate family or household member or his, or her, or their
30    representative.   The prosecution may introduce that evidence
31    either in its case in chief or in rebuttal.  The court  shall
HB0863 Engrossed            -2-                LRB9204826RCsb
 1    consider  any impact statement statements made by the victim,
 2    along with all other appropriate factors in  determining  the
 3    sentence of the defendant or disposition of such juvenile.
 4        (b)  The  crime  victim has the right to prepare a victim
 5    impact statement and present it to the Office of the  State's
 6    Attorney at any time during the proceedings.
 7        (c)  This Section shall apply to any victims of a violent
 8    crime during any dispositional hearing under Section 5-705 of
 9    the  Juvenile Court Act of 1987 which takes place pursuant to
10    an adjudication of delinquency for any such offense.
11    (Source: P.A. 90-590, eff. 1-1-99; 91-693, eff. 4-13-00.)

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