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92_HB0863sam001 LRB9204826RCsbam 1 AMENDMENT TO HOUSE BILL 863 2 AMENDMENT NO. . Amend House Bill 863 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Rights of Crime Victims and Witnesses 6 Act is amended by changing Section 6 as follows: 7 (725 ILCS 120/6) (from Ch. 38, par. 1406) 8 Sec. 6. Rights to present victim impact statement. 9 (a) In any case where a defendant has been convicted of 10 a violent crime or a juvenile has been adjudicated a 11 delinquent for a violent crime except those in which both 12 parties have agreed to the imposition of a specific sentence, 13 and a victim of the violent crime or the victim's spouse, 14 guardian, parent, or other immediate family or household 15 member is present in the courtroom at the time of the 16 sentencing or the disposition hearing, the victim or his or 17 her representative shall have the right and the victim's 18 spouse, guardian, parent, or other immediate family or 19 household member upon his,
orher, or their request may be 20 permitted by the court to shall have the right toaddress the 21 court regarding the impact that whichthe defendant's 22 criminal conduct or the juvenile's delinquent conduct has had -2- LRB9204826RCsbam 1 upon them and the victim. Any If the victim chooses to2 exercise this right, theimpact statement must have been 3 prepared in writing in conjunction with the Office of the 4 State's Attorney prior to the initial hearing or sentencing, 5 before it can be presented orally or in writing at the 6 sentencing hearing. In conjunction with the Office of the 7 State's Attorney, a victim impact statement that is presented 8 orally may be done so by the victim or the victim's spouse, 9 guardian, parent, or other immediate family or household 10 member or his, orher, or their representative. At the 11 sentencing hearing, the prosecution may introduce that 12 evidence either in its case in chief or in rebuttal. The 13 court shall consider any impact statement admitted statements14 made by the victim,along with all other appropriate factors 15 in determining the sentence of the defendant or disposition 16 of such juvenile. 17 (b) The crime victim has the right to prepare a victim 18 impact statement and present it to the Office of the State's 19 Attorney at any time during the proceedings. 20 (c) This Section shall apply to any victims of a violent 21 crime during any dispositional hearing under Section 5-705 of 22 the Juvenile Court Act of 1987 which takes place pursuant to 23 an adjudication of delinquency for any such offense. 24 (Source: P.A. 90-590, eff. 1-1-99; 91-693, eff. 4-13-00.)".
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