97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0029

 

Introduced , by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. 1, Sec. 8.1

    Proposes to amend the Bill of Rights Article of the Illinois Constitution concerning crime victim's rights. Provides that in addition to other rights provided in the Constitutional provision, a crime victim has the right to: (1) be free from harassment, intimidation, and abuse; (2) refuse to disclose information that is privileged or confidential by law; (3) timely notification of post-trial proceedings; (4) be heard in person or in any other reasonable manner the victim chooses at any proceeding involving a post-arraignment release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue; (5) receive a report prepared for sentencing, reduction in sentence, parole, early release, or clemency, when available to the accused; and (6) have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. Provides that nothing in this Constitutional provision creates any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. Effective upon being declared adopted.


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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 8.1 of Article I
9of the Illinois Constitution as follows:
 
10
ARTICLE I
11
BILL OF RIGHTS

12    (ILCON Art. 1, Sec. 8.1)
13SECTION 8.1. CRIME VICTIM'S RIGHTS.
14    (a) To preserve and protect a victim's right to justice and
15due process, a crime victim Crime victims, as defined by law,
16shall 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 and to be free
19    from harassment, intimidation, and abuse throughout the
20    criminal justice process.
21        (2) The right to refuse to disclose information that is
22    privileged or confidential by law.
23        (3) (2) The right to timely notification of all court

 

 

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1    proceedings, including related post-trial proceedings.
2        (4) (3) The right to confer communicate with the
3    prosecution.
4        (5) (4) The right to be heard in person or in any other
5    reasonable manner the victim chooses at any proceeding
6    involving a post-arraignment release decision, plea,
7    sentencing, post-conviction or post-adjudication release
8    decision, or any proceeding in which a right of the victim
9    is at issue make a statement to the court at sentencing.
10        (6) The right to receive a report prepared for
11    sentencing, reduction in sentence, parole, early release,
12    or clemency, when available to the accused.
13        (7) (5) The right to be notified of information about
14    the conviction, the sentence, any proposal that would
15    reduce the sentence or result in release, the imprisonment,
16    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-trial 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, determining whether to release the defendant, and
25    setting conditions of release after arrest and conviction.
26        (11) (8) The right to be present at the trial and all

 

 

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

 

 

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1against convicted defendants to pay for crime victims' rights.
2    (e) (d) Nothing in this Section or in any law enacted under
3this Section shall be construed as creating a basis for
4vacating a conviction or a ground for appellate relief in any
5criminal case.
6    (f) Nothing in this Section creates any cause of action for
7compensation or damages against the State, any political
8subdivision of the State, any officer, employee, or agent of
9the State or of any of its political subdivisions, or any
10officer or employee of the court.
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.