Illinois General Assembly - Full Text of HJRCA0029
Illinois General Assembly

Previous General Assemblies

Full Text of HJRCA0029  97th General Assembly

HC0029sam001 97TH GENERAL ASSEMBLY

 


 
HC0029SAM001LRB097 11143 JDS 68195 a

1
AMENDMENT TO HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 29

3    AMENDMENT NO. ___. Amend House Joint Resolution
4Constitutional Amendment 29 by replacing lines 3 through 23 on
5page 1 and all of pages 2, 3, and 4 with the following:
6    "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
7NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
8SENATE CONCURRING HEREIN, that there shall be submitted to the
9electors of the State for adoption or rejection at the general
10election next occurring at least 6 months after the adoption of
11this resolution a proposition to amend Section 8.1 of Article I
12of the Illinois Constitution as follows:
 
13
ARTICLE I
14
BILL OF RIGHTS

15      (ILCON Art. 1, Sec. 8.1)
16SECTION 8.1. CRIME VICTIM'S RIGHTS.

 

 

HC0029SAM001- 2 -LRB097 11143 JDS 68195 a

1    (a) Crime victims, as defined by law, shall have the
2following rights as provided by law:
3        (1) The right to be treated with fairness and respect
4    for their dignity and privacy and to be free from
5    harassment, intimidation, and abuse throughout the
6    criminal justice process.
7        (2) The right to refuse to disclose to the defendant
8    information that is privileged or confidential by law, as
9    determined by a court of law with jurisdiction over the
10    case.
11        (3) (2) The right to timely notification of all court
12    proceedings.
13        (4) (3) The right to confer communicate with the
14    prosecution.
15        (5) (4) The right to be heard at any post-arraignment
16    court proceeding in which a right of the victim is at issue
17    and any court proceeding involving a post-arraignment
18    release decision, plea, or sentencing make a statement to
19    the court at sentencing.
20        (6) The right to have access to information in a report
21    related to any aspect of a defendant's sentence when
22    available to the defendant, as the General Assembly may
23    provide by law.
24        (7) (5) The right to be notified of information about
25    the conviction, the sentence, the imprisonment, and the
26    release of the accused.

 

 

HC0029SAM001- 3 -LRB097 11143 JDS 68195 a

1        (8) (6) The right to timely disposition of the case
2    following the arrest of the accused.
3        (9) (7) The right to be reasonably protected from the
4    accused throughout the criminal justice process.
5        (10) The right to have the safety of the victim and the
6    victim's family considered in denying or fixing the amount
7    of bail, determining whether to release the defendant, and
8    setting conditions of release after arrest and conviction.
9        (11) (8) The right to be present at the trial and all
10    other court proceedings on the same basis as the accused,
11    unless the victim is to testify and the court determines
12    that the victim's testimony would be materially affected if
13    the victim hears other testimony at the trial.
14        (12) (9) The right to have present at all court
15    proceedings, subject to the rules of evidence, an advocate
16    and or other support person of the victim's choice.
17        (13) (10) The right to restitution.
18    (b) A victim, the victim's lawyer, or the prosecuting
19attorney may assert the rights enumerated in subsection (a) in
20any court with jurisdiction over the case as a matter of right.
21The court shall act promptly on the request The General
22Assembly may provide by law for the enforcement of this
23Section.
24    (c) The General Assembly may provide for an assessment
25against convicted defendants to pay for crime victims' rights.
26    (d) Nothing in this Section or any law enacted under this

 

 

HC0029SAM001- 4 -LRB097 11143 JDS 68195 a

1Section creates a cause of action in equity or at law for
2compensation, attorney's fees, or damages against the State, a
3political subdivision of the State, an officer, employee, or
4agent of the State or of any political subdivision of the
5State, or an officer or employee of the court. or in any law
6enacted under
7    (e) Nothing in this Section or any law enacted under this
8Section shall be construed as creating (1) a basis for vacating
9a conviction or (2) a ground for any relief requested by the
10defendant appellate relief in any criminal case.
11(Source: Amendment adopted at general election November 3,
121992.)
 
13
SCHEDULE
14    This Constitutional Amendment takes effect upon being
15declared adopted in accordance with Section 7 of the Illinois
16Constitutional Amendment Act.".