100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1739

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/6  from Ch. 38, par. 1406

    Amends the Rights of Crime Victims and Witnesses Act. Makes a technical change in a Section concerning victim impact statements.


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A BILL FOR

 

HB1739LRB100 03325 SLF 13330 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rights of Crime Victims and Witnesses Act is
5amended by changing Section 6 as follows:
 
6    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
7    Sec. 6. Right to be heard at sentencing.
8    (a) A crime victim shall be allowed to present an oral or
9written victim impact statement in any case in which a
10defendant has been convicted of a violent crime or a juvenile
11has been adjudicated delinquent for a violent crime. The court
12shall allow a victim to make an oral impact statement if the
13the victim is present in the courtroom and requests to make an
14oral statement. An oral statement includes the victim or a
15representative of the victim reading the written impact
16statement. The court may allow persons impacted by the crime
17who are not victims under subsection (a) of Section 3 of this
18Act to present an oral or written statement. A victim and any
19person making an oral statement shall not be put under oath or
20subject to cross-examination. The court shall consider any
21impact statement presented along with all other appropriate
22factors in determining the sentence of the defendant or
23disposition of such juvenile.

 

 

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1    (a-1) In any case where a defendant has been convicted of a
2violation of any statute, ordinance, or regulation relating to
3the operation or use of motor vehicles, the use of streets and
4highways by pedestrians or the operation of any other wheeled
5or tracked vehicle, except parking violations, if the violation
6resulted in great bodily harm or death, the person who suffered
7great bodily harm, the injured person's representative, or the
8representative of a deceased person shall be entitled to notice
9of the sentencing hearing. "Representative" includes the
10spouse, guardian, grandparent, or other immediate family or
11household member of an injured or deceased person. The injured
12person or his or her representative and a representative of the
13deceased person shall have the right to address the court
14regarding the impact that the defendant's criminal conduct has
15had upon them. If more than one representative of an injured or
16deceased person is present in the courtroom at the time of
17sentencing, the court has discretion to permit one or more of
18the representatives to present an oral impact statement. A
19victim and any person making an oral statement shall not be put
20under oath or subject to cross-examination. The court shall
21consider any impact statement presented along with all other
22appropriate factors in determining the sentence of the
23defendant.
24    (a-5) A crime victim shall be allowed to present an oral
25and written victim impact statement at a hearing ordered by the
26court under the Mental Health and Developmental Disabilities

 

 

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1Code to determine if the defendant is: (1) in need of mental
2health services on an inpatient basis; (2) in need of mental
3health services on an outpatient basis; or (3) not in need of
4mental health services. The court shall allow a victim to make
5an oral impact statement if the victim is present in the
6courtroom and requests to make an oral statement. An oral
7statement includes the victim or a representative of the victim
8reading the written impact statement. The court may allow
9persons impacted by the crime who are not victims under
10subsection (a) of Section 3 of this Act, to present an oral or
11written statement. A victim and any person making an oral
12statement shall not be put under oath or subject to
13cross-examination. The court may only consider the impact
14statement along with all other appropriate factors in
15determining the: (1) threat of serious physical harm poised by
16the respondent to himself or herself, or to another person; (2)
17location of inpatient or outpatient mental health services
18ordered by the court, but only after complying with all other
19applicable administrative, rule, and statutory requirements;
20(3) maximum period of commitment for inpatient mental health
21services; and (4) conditions of release for outpatient mental
22health services ordered by the court.
23    (b) The crime victim has the right to prepare a victim
24impact statement and present it to the Office of the State's
25Attorney at any time during the proceedings. Any written victim
26impact statement submitted to the Office of the State's

 

 

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1Attorney shall be considered by the court during its
2consideration of aggravation and mitigation in plea
3proceedings under Supreme Court Rule 402.
4    (c) This Section shall apply to any victims during any
5dispositional hearing under Section 5-705 of the Juvenile Court
6Act of 1987 which takes place pursuant to an adjudication or
7trial or plea of delinquency for any such offense.
8(Source: P.A. 99-413, eff. 8-20-15.)