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Full Text of HJRCA0029  97th General Assembly

HC0029enr 97TH GENERAL ASSEMBLY



  

 


 
HC0029 EnrolledLRB097 11143 RLC 52713 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 29

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 8.1 of Article I
9of the Illinois Constitution as follows:
 
10
ARTICLE I
11
BILL OF RIGHTS

12    (ILCON Art. 1, Sec. 8.1)
13SECTION 8.1. CRIME VICTIM'S RIGHTS.
14    (a) Crime victims, as defined by law, shall have the
15following rights as provided by law:
16        (1) The right to be treated with fairness and respect
17    for their dignity and privacy and to be free from
18    harassment, intimidation, and abuse throughout the
19    criminal justice process.
20        (2) The right to refuse to disclose to the defendant
21    information that is privileged or confidential by law, as
22    determined by a court of law with jurisdiction over the
23    case.

 

 

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1        (3) (2) The right to timely notification of all court
2    proceedings.
3        (4) (3) The right to confer communicate with the
4    prosecution.
5        (5) (4) The right to be heard at any post-arraignment
6    court proceeding in which a right of the victim is at issue
7    and any court proceeding involving a post-arraignment
8    release decision, plea, or sentencing make a statement to
9    the court at sentencing.
10        (6) The right to have access to information in a report
11    related to any aspect of a defendant's sentence when
12    available to the defendant, as the General Assembly may
13    provide by law.
14        (7) (5) The right to be notified of information about
15    the conviction, the sentence, the imprisonment, and the
16    release of the accused.
17        (8) (6) The right to timely disposition of the case
18    following the arrest of the accused.
19        (9) (7) The right to be reasonably protected from the
20    accused throughout the criminal justice process.
21        (10) The right to have the safety of the victim and the
22    victim's family considered in denying or fixing the amount
23    of bail, determining whether to release the defendant, and
24    setting conditions of release after arrest and conviction.
25        (11) (8) The right to be present at the trial and all
26    other court proceedings on the same basis as the accused,

 

 

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1    unless the victim is to testify and the court determines
2    that the victim's testimony would be materially affected if
3    the victim hears other testimony at the trial.
4        (12) (9) The right to have present at all court
5    proceedings, subject to the rules of evidence, an advocate
6    and or other support person of the victim's choice.
7        (13) (10) The right to restitution.
8    (b) A victim, the victim's lawyer, or the prosecuting
9attorney may assert the rights enumerated in subsection (a) in
10any court with jurisdiction over the case as a matter of right.
11The court shall act promptly on the request The General
12Assembly may provide by law for the enforcement of this
13Section.
14    (c) The General Assembly may provide for an assessment
15against convicted defendants to pay for crime victims' rights.
16    (d) Nothing in this Section or any law enacted under this
17Section creates a cause of action in equity or at law for
18compensation, attorney's fees, or damages against the State, a
19political subdivision of the State, an officer, employee, or
20agent of the State or of any political subdivision of the
21State, or an officer or employee of the court. or in any law
22enacted under
23    (e) Nothing in this Section or any law enacted under this
24Section shall be construed as creating (1) a basis for vacating
25a conviction or (2) a ground for any relief requested by the
26defendant appellate relief in any criminal case.

 

 

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1(Source: Amendment adopted at general election November 3,
21992.)
 
3
SCHEDULE
4    This Constitutional Amendment takes effect upon being
5declared adopted in accordance with Section 7 of the Illinois
6Constitutional Amendment Act.