Rep. Emily McAsey

Filed: 4/5/2011

 

 


 

 


 
09700HB3300ham001LRB097 08665 RLC 53798 a

1
AMENDMENT TO HOUSE BILL 3300

2    AMENDMENT NO. ______. Amend House Bill 3300 on page 1, by
3replacing line 5 with the following:
4"amended by changing Sections 3 and 4.5 as follows:
 
5    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
6    (Text of Section after amendment by P.A. 96-1551)
7    Sec. 3. The terms used in this Act, unless the context
8clearly requires otherwise, shall have the following meanings:
9    (a) "Crime victim" and "victim" mean (1) a person
10physically injured in this State as a result of a violent crime
11perpetrated or attempted against that person or (2) a person
12who suffers injury to or loss of property as a result of a
13violent crime perpetrated or attempted against that person or
14(3) a single representative who may be the spouse, parent,
15child or sibling of a person killed as a result of a violent
16crime perpetrated against the person killed or the spouse,
17parent, child or sibling of any person granted rights under

 

 

09700HB3300ham001- 2 -LRB097 08665 RLC 53798 a

1this Act who is physically or mentally incapable of exercising
2such rights, except where the spouse, parent, child or sibling
3is also the defendant or prisoner or (4) any person against
4whom a violent crime has been committed or (5) any person who
5has suffered personal injury as a result of a violation of
6Section 11-501 of the Illinois Vehicle Code, or of a similar
7provision of a local ordinance, or of Section 9-3 of the
8Criminal Code of 1961, as amended or (6) in proceedings under
9the Juvenile Court Act of 1987, both parents, legal guardians,
10foster parents, or a single adult representative of a minor or
11disabled person who is a crime victim.
12    (b) "Witness" means any person who personally observed the
13commission of a violent crime and who will testify on behalf of
14the State of Illinois in the criminal prosecution of the
15violent crime.
16    (c) "Violent Crime" means any felony in which force or
17threat of force was used against the victim, or any offense
18involving sexual exploitation, sexual conduct or sexual
19penetration, or a violation of Section 11-20.1, 11-20.1B, or
2011-20.3 of the Criminal Code of 1961, domestic battery,
21violation of an order of protection, stalking, or any
22misdemeanor which results in death or great bodily harm to the
23victim or any violation of Section 9-3 of the Criminal Code of
241961, or Section 11-501 of the Illinois Vehicle Code, or a
25similar provision of a local ordinance, if the violation
26resulted in personal injury or death, or a violation of any

 

 

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1statute, ordinance, or regulation relating to the operation or
2use of motor vehicles, the use of streets and highways by
3pedestrians or the operation of any other wheeled or tracked
4vehicle, except parking violations, if the violation resulted
5in personal injury or death, and includes any action committed
6by a juvenile that would be a violent crime if committed by an
7adult. For the purposes of this paragraph, "personal injury"
8shall include any Type A injury as indicated on the traffic
9accident report completed by a law enforcement officer that
10requires immediate professional attention in either a doctor's
11office or medical facility. A type A injury shall include
12severely bleeding wounds, distorted extremities, and injuries
13that require the injured party to be carried from the scene.
14    (d) "Sentencing Hearing" means any hearing where a sentence
15is imposed by the court on a convicted defendant and includes
16hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
17and 5-7-7 of the Unified Code of Corrections except those cases
18in which both parties have agreed to the imposition of a
19specific sentence.
20    (e) "Court proceedings" includes the preliminary hearing,
21any hearing the effect of which may be the release of the
22defendant from custody or to alter the conditions of bond, the
23trial, sentencing hearing, notice of appeal, any modification
24of sentence, probation revocation hearings or parole hearings.
25    (f) "Concerned citizen" includes relatives of the victim,
26friends of the victim, witnesses to the crime, or any other

 

 

09700HB3300ham001- 4 -LRB097 08665 RLC 53798 a

1person associated with the victim or prisoner.
2(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
396-292, eff. 1-1-10; 96-875, eff. 1-22-10; 96-1551, eff.
47-1-11.)".