State of Illinois
92nd General Assembly

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 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, or her, or their request may be
20    permitted by the court to shall have the right to address the
21    court  regarding  the  impact  that  which  the   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 to
 2    exercise this right, the  impact  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,  or  her,  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 statements
14    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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