State of Illinois
91st General Assembly
Legislation

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[ House Amendment 002 ]

91_SB1332

 
                                               LRB9110671RCpk

 1        AN ACT to amend the Rights of Crime Victims and Witnesses
 2    Act by changing Section 3.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Rights of Crime Victims and Witnesses Act
 6    is amended by changing Section 3 as follows:

 7        (725 ILCS 120/3) (from Ch. 38, par. 1403)
 8        Sec. 3.  The terms used in this Act, unless  the  context
 9    clearly   requires   otherwise,   shall  have  the  following
10    meanings:
11        (a)  "Crime victim" means (1) a person physically injured
12    in this State as a result of a violent crime  perpetrated  or
13    attempted  against  that  person  or (2) a person who suffers
14    injury to or loss of property as a result of a violent  crime
15    perpetrated  or attempted against that person or (3) a single
16    representative who  may  be  the  spouse,  parent,  child  or
17    sibling  of  a  person  killed as a result of a violent crime
18    perpetrated against the person killed or the spouse,  parent,
19    child  or sibling of any person granted rights under this Act
20    who is physically or mentally incapable  of  exercising  such
21    rights,  except where the spouse, parent, child or sibling is
22    also the defendant or prisoner or (4) any person against whom
23    a violent crime has been committed or (5) any person who  has
24    suffered  personal  injury as a result of a violation of: (i)
25    Section 11-501 of the Illinois Vehicle Code, or of a  similar
26    provision of a local ordinance, or of (ii) Section 9-3 of the
27    Criminal  Code  of  1961 or (iii) the Cannabis Control Act or
28    the Illinois Controlled Substances Act., as amended;
29        (b)  "Witness" means any person who  personally  observed
30    the  commission  of  a  violent crime and who will testify on
31    behalf of the State of Illinois in the  criminal  prosecution
 
                            -2-                LRB9110671RCpk
 1    of the violent crime;
 2        (c)  "Violent  Crime"  means any felony in which force or
 3    threat of force was used against the victim, or  any  offense
 4    involving  sexual  exploitation,  sexual  conduct  or  sexual
 5    penetration,  domestic  battery,  violation  of  an  order of
 6    protection, stalking, or any  misdemeanor  which  results  in
 7    death  or great bodily harm to the victim or any violation of
 8    Section 9-3 of the Criminal Code of 1961, or  Section  11-501
 9    of  the  Illinois  Vehicle  Code, or a similar provision of a
10    local ordinance, or any offense that is a  violation  of  the
11    Illinois  Controlled  Substances  Act or the Cannabis Control
12    Act, if the violation resulted in personal injury  or  death,
13    and includes any action committed by a juvenile that would be
14    a violent crime if committed by an adult. For the purposes of
15    this  paragraph,  "personal  injury" shall include any Type A
16    injury as indicated on the traffic accident report  completed
17    by   a   law  enforcement  officer  that  requires  immediate
18    professional attention in either a doctor's office or medical
19    facility.  A type A injury shall  include  severely  bleeding
20    wounds,  distorted extremities, and injuries that require the
21    injured party to be carried from the scene;
22        (d)  "Sentencing  Hearing"  means  any  hearing  where  a
23    sentence is imposed by the court on a convicted defendant and
24    includes  hearings  conducted  pursuant  to  Sections  5-6-4,
25    5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code  of  Corrections
26    except  those  cases in which both parties have agreed to the
27    imposition of a specific sentence.
28        (e)  "Court   proceedings"   includes   the   preliminary
29    hearing, any hearing the effect of which may be  the  release
30    of  the  defendant from custody or to alter the conditions of
31    bond, the trial, sentencing hearing, notice  of  appeal,  any
32    modification  of  sentence,  probation revocation hearings or
33    parole hearings.
34    (Source: P.A. 88-316; 88-489; 88-670, eff. 12-2-94.)
 
                            -3-                LRB9110671RCpk
 1        Section 99.   Effective  date.   This  Act  takes  effect
 2    January 1, 2001.

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