Illinois General Assembly - Bill Status for HB1121

Replaces everything after the enacting clause. Amends the Rights of Crime Victims and Witnesses Act. Implements the crime victim Constitutional Amendment adopted in the last general election. Changes the definition of "crime victim" to: (1) a natural person determined by the prosecutor or the court to have suffered direct physical or psychological harm as the result of a criminal act, or personal injury as a result of a violation of a DUI violation or of a similar provision of a local ordinance, or of involuntary manslaughter or reckless homicide; (2) in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative; (3) in the case of an adult deceased victim, 2 representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; and (4) an immediate family member of an injured victim chosen by the victim. Adds definitions of "sentence", "sentencing", "advocate", "confer" and "victim's attorney". Eliminates definition of "sentencing hearing". Reorganizes and modifies listing of rights of crime victims. Establishes additional procedures for enforcing the victim's rights. Provides that the Act does not grant any person a cause of action in equity or law for compensation for damages or attorney's fees. Provides that the Act does not create a ground for relief requested by the defendant in a criminal case. Deletes a provision that failure of the crime victim to receive notice as required shall not deprive the court of the power to act regarding the proceeding before it, nor shall any such failure grant the defendant the right to seek a continuance. Amends the Unified Code of Corrections. Provides that presentence reports shall be open for inspection to the victim of a crime as set forth in the Rights of Crime Victims and Witnesses Act. Effective immediately.

Provides when a defendant is seeking to subpoena records of or concerning the victim that are confidential or privileged, the court must find by a preponderance of the evidence (rather than clear and convincing evidence) that the records are not protected by an absolute privilege and the records contain relevant, admissible, and material evidence not otherwise available through other witnesses or evidence.

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