093_HB3896

                                     LRB093 12636 RLC 18106 b

 1        AN ACT in relation to criminal law.

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

 4        Section   5.   The  Rights of Crime Victims and Witnesses
 5    Act is amended by changing Sections 4 and 9 as follows:

 6        (725 ILCS 120/4) (from Ch. 38, par. 1404)
 7        Sec. 4.  Rights of crime victims.
 8        (a)  Crime victims shall have the following rights:
 9             (1)  The right  to  be  treated  with  fairness  and
10        respect  for  their  dignity  and  privacy throughout the
11        criminal justice process.
12             (2)  The right to notification of court proceedings.
13             (3)  The right to communicate with the prosecution.
14             (4)  The right to make a statement to the  court  at
15        sentencing.
16             (5)  The  right to information about the conviction,
17        sentence, imprisonment and release of the accused.
18             (6)  The right to the timely disposition of the case
19        following the arrest of the accused.
20             (7)  The right to be reasonably protected  from  the
21        accused through the criminal justice process.
22             (8)  The  right  to  be present at the trial and all
23        other court proceedings on the same basis as the accused,
24        unless the victim is to testify and the court  determines
25        that  the victim's testimony would be materially affected
26        if the victim hears other testimony at the trial.
27             (9)  the  right  to  have  present  at   all   court
28        proceedings,   subject  to  the  rules  of  evidence,  an
29        advocate or other support person of the victim's choice.
30             (10)  The right to restitution.
31        (b)  A statement and explanation of the rights  of  crime
 
                            -2-      LRB093 12636 RLC 18106 b
 1    victims  set  forth in paragraph (a) of this Section shall be
 2    given to a crime victim  at  the  initial  contact  with  the
 3    criminal  justice  system  by the appropriate authorities and
 4    shall be conspicuously posted in all court facilities.
 5        (c) After receiving a statement and  explanation  of  the
 6    rights  of  crime  victims set forth in paragraph (a) of this
 7    Section by the appropriate authorities, the victim shall sign
 8    an acknowledgement that attests to the  victim's  receipt  of
 9    the  statement  and  explanation of those rights. The receipt
10    shall be in substantially the following form:
11             "I acknowledge that I have received a statement  and
12        explanation  of  the rights of crime victims set forth in
13        Article I, Section 8.1 of the Illinois  Constitution  and
14        in  paragraph  (a)  of  Section  4 of the Rights of Crime
15        Victims and Witnesses Act  (725  ILCS  120/4(a))  by  the
16        appropriate  law  enforcement agency or other appropriate
17        agency  including,  but  not  limited  to,  the  Attorney
18        General,  Prisoner  Review  Board,  the   Department   of
19        Corrections,  the  Department of Human Services, or other
20        State agency.
21                       Signature of victim".
22        The acknowledgement furnished to the crime  victim  shall
23    be    a   carbon   copy.   The   authority   furnishing   the
24    acknowledgement to the crime victim shall retain the original
25    copy for the authority's records.
26    (Source: P.A. 87-224; 88-489.)

27        (725 ILCS 120/9) (from Ch. 38, par. 1408)
28        Sec.  9.   This  Act  does  not  limit  any   rights   or
29    responsibilities otherwise enjoyed by or imposed upon victims
30    or witnesses of violent crime, nor does it grant any person a
31    cause  of  action  for damages or attorneys fees.  Any act of
32    omission or commission, including not providing the statement
33    and explanation of rights to crime  victims  as  required  in
 
                            -3-      LRB093 12636 RLC 18106 b
 1    Section  4,  by  any  law  enforcement officer, circuit court
 2    clerk,    or  State's  Attorney,  by  the  Attorney  General,
 3    Prisoner Review Board, Department of Corrections,  Department
 4    of  Human  Services, or other State agency, or private entity
 5    under contract pursuant to Section 8, or by any  employee  of
 6    any State agency or private entity under contract pursuant to
 7    Section  8,  whether or not acting in good faith in rendering
 8    crime victim's assistance or otherwise  enforcing  this  Act,
 9    shall  not  impose  civil  liability  upon  the individual or
10    entity or his or her supervisor or employer.  Nothing in this
11    Act shall create a basis  for  vacating  a  conviction  or  a
12    ground for appellate relief in any criminal case.  Failure of
13    the  crime  victim  to  receive  notice as required, however,
14    shall not deprive the court of the power to act regarding the
15    proceeding before it; nor shall any such  failure  grant  the
16    defendant the right to seek a continuance.
17    (Source: P.A. 93-258, eff. 1-1-04.)