HC0019 Engrossed LRB096 09129 RLC 19277 e

5 SENATE CONCURRING HEREIN, that there shall be submitted to the
6 electors of the State for adoption or rejection at the general
7 election next occurring at least 6 months after the adoption of
8 this resolution a proposition to amend Section 8.1 of Article I
9 of the Illinois Constitution as follows:

12     (ILCON Art. 1, Sec. 8.1)
14     (a) To preserve and protect a victim's right to justice and
15 due process, a crime victim Crime victims, as defined by law,
16 shall have the following rights as provided by law:
17         (1) The right to be treated with fairness and respect
18     for the victim's their dignity and privacy throughout the
19     criminal justice process.
20         (2) The right to timely notification of court
21     proceedings and any related post-judgment proceedings.
22         (3) The right to notice and to a hearing before a court
23     ruling on an accused's request for access to any of the
24     victim's records, information, or communications which are



HC0019 Engrossed - 2 - LRB096 09129 RLC 19277 e

1     privileged or confidential by law.
2         (4) (3) The right to communicate with the prosecution.
3         (5) (4) The right to be heard in person or in any other
4     reasonable manner convenient to the victim at any plea,
5     sentencing, reduction or change in sentence, or other
6     proceeding in which a right of the victim is at issue make
7     a statement to the court at sentencing.
8         (6) (5) The right to review any written description of
9     the offense prepared for sentencing, reduction in
10     sentence, parole, early release or clemency and the
11     accused's prior criminal history information about the
12     conviction, sentence, imprisonment, and release of the
13     accused.
14         (7) The right to be informed of the conviction, the
15     sentence, any post-judgment decision, any reduction of the
16     sentence, the imprisonment, and the release of the accused.
17         (8) (6) The right to timely disposition of the case
18     following the arrest of the accused, including related
19     post-conviction and post-judgment proceedings.
20         (9) (7) The right to be reasonably protected from the
21     accused throughout the criminal justice process.
22         (10) The right to have the safety of the victim and the
23     victim's family considered in denying or fixing the amount
24     of bail and release conditions for the accused and in
25     deciding any parole or post-judgment release decision.
26         (11) (8) The right to be present at the trial and all



HC0019 Engrossed - 3 - LRB096 09129 RLC 19277 e

1     other court proceedings on the same basis as the accused,
2     unless the victim is to testify and the court determines
3     that the victim's testimony would be materially affected if
4     the victim hears other testimony at the trial.
5         (12) (9) The right to have present at all court
6     proceedings, subject to the rules of evidence, an advocate,
7     a victim-witness specialist, or other support person of the
8     victim's choice.
9         (13) (10) The right to restitution.
10     (b) Definition. For the purposes of this Section, the term
11 "crime victim" means a person directly and proximately harmed
12 as a result of the commission of a criminal offense. In the
13 case of a crime victim who is under 18 years of age,
14 incompetent, incapacitated, or deceased, the legal guardians
15 of the crime victim or the representatives of the crime
16 victim's estate, family members, or any other persons appointed
17 as suitable by the court may assume the crime victim's rights
18 under this Section, but in no event shall the accused be named
19 as such guardian or representative.
20     (c) A victim, a lawful representative of the victim
21 including the victim's lawyer, or the prosecuting attorney upon
22 request of the victim may assert the rights enumerated in
23 subsection (a) in any circuit or appellate court with
24 jurisdiction over the case as a matter of right. The court
25 shall act promptly on such a request.
26     (b) The General Assembly may provide by law for the



HC0019 Engrossed - 4 - LRB096 09129 RLC 19277 e

1 enforcement of this Section.
2     (d) (c) The General Assembly may provide for an assessment
3 against convicted defendants to pay for crime victims' rights.
4     (e) (d) Nothing in this Section or in any law enacted under
5 this Section shall be construed as creating a basis for
6 vacating a conviction. This Section does not create any cause
7 of action for compensation or damages against the State, any
8 political subdivision of the State, any officer, employee, or
9 agent of the State or of any of its political subdivisions, or
10 any officer or employee of the court or a ground for appellate
11 relief in any criminal case.
12 (Source: Amendment adopted at general election November 3,
13 1992.)
15     This Constitutional Amendment takes effect upon being
16 declared adopted in accordance with Section 7 of the Illinois
17 Constitutional Amendment Act.