Full Text of HJRCA0019 96th General Assembly
HC0019 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0019
Introduced 2/18/2009, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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Proposes to amend the Bill of Rights Article of the Illinois Constitution relating to crime victim rights. Proposes that victims' rights apply in juvenile delinquency proceedings and post-judgment proceedings. Proposes that a crime victim has the right to: (1) have the defendant, any person acting on the defendant's behalf, and the attorney of record prevented from obtaining confidential information or records that could be used to locate or harass the victim or victim's family, that disclose confidential communications made in the course of medical or counseling treatment, or that are otherwise privileged or confidential by law; (2) be heard in person or in any other manner the victim chooses, upon request, at any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue; (3) receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law; (4) be present, upon request, at all post-judgment proceedings; and (5) have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made. Proposes to define "crime victim". Effective upon being declared adopted.
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A BILL FOR
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LRB096 09129 RLC 19277 e |
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 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:
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| ARTICLE I
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| BILL OF RIGHTS
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| (ILCON Art. 1, Sec. 8.1)
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| SECTION 8.1. CRIME VICTIM'S RIGHTS.
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| (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 in criminal and juvenile | 17 |
| delinquency proceedings as
provided by law :
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| (1) The right to be treated with fairness and respect | 19 |
| for the victim's their
dignity and privacy and to be free | 20 |
| from harassment, intimidation, and abuse throughout the | 21 |
| criminal or juvenile justice process.
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| (2) The right to have the defendant, any person acting | 23 |
| on the defendant's behalf, and the attorney of record |
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| prevented from obtaining confidential information or | 2 |
| records that could be used to locate or harass the victim | 3 |
| or victim's family, that disclose confidential | 4 |
| communications made in the course of medical or counseling | 5 |
| treatment, or that are otherwise privileged or | 6 |
| confidential by law.
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| (3) (2) The right to timely notification of court | 8 |
| proceedings and any related post-judgment proceedings .
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| (4) (3) The right to confer communicate with the | 10 |
| prosecution.
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| (5) (4) The right to be heard in person or in any other | 12 |
| manner the victim chooses, upon request, at any proceeding | 13 |
| involving a post-arrest release decision, plea, | 14 |
| sentencing, post-conviction or post-adjudication release | 15 |
| decision, or any proceeding in which a right of the victim | 16 |
| is at issue. The right to receive, upon request, the | 17 |
| pre-sentence report when available to the defendant, | 18 |
| except for those portions made confidential by law make a | 19 |
| statement to the court at sentencing .
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| (6) (5) The right to be informed of information about | 21 |
| the conviction, the sentence,
any proposal to reduce the | 22 |
| sentence or that would result in release, the imprisonment, | 23 |
| and the release of the accused.
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| (7) (6) The right to timely disposition of the case | 25 |
| following the arrest of the accused , including related | 26 |
| post-judgment proceedings .
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| (8) (7) The right to be reasonably protected from the | 2 |
| accused throughout
the criminal or juvenile justice | 3 |
| process. The right to have the safety of the victim and the | 4 |
| victim's family considered in denying or fixing the amount | 5 |
| of bail and release conditions for the defendant.
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| (9) (8) The right to be present at the trial and all | 7 |
| other court
proceedings on the same basis as the accused , | 8 |
| unless the victim is to
testify and the court determines | 9 |
| that the victim's testimony would be
materially affected if | 10 |
| the victim hears other testimony at the trial .
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| (10) (9) The right to have present at all court | 12 |
| proceedings, subject to the
rules of evidence, an advocate | 13 |
| or other support person of the victim's choice.
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| (11) (10) The right to restitution.
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| (12) The right to be present, upon request, at all | 16 |
| post-judgment proceedings. | 17 |
| (13) The right to have the safety of the victim, the | 18 |
| victim's family, and the general public considered before | 19 |
| any parole or other post-judgment release decision is made. | 20 |
| (b) Definition. For the purposes of this Section, the term | 21 |
| "crime victim" means a person directly and proximately harmed | 22 |
| as a result of the commission of a criminal or juvenile | 23 |
| offense. In the case of a crime victim who is under 18 years of | 24 |
| age, incompetent, incapacitated, or deceased, the legal | 25 |
| guardians of the crime victim or the representatives of the | 26 |
| crime victim's estate, family members, or any other persons |
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| appointed as suitable by the court may assume the crime | 2 |
| victim's rights under this Section, but in no event shall the | 3 |
| defendant be named as such guardian or representative. | 4 |
| (c) A victim, a lawful representative of the victim | 5 |
| including the victim's lawyer, or the prosecuting attorney upon | 6 |
| request of the victim may assert the rights enumerated in | 7 |
| subsection (a) in any circuit or appellate court with | 8 |
| jurisdiction over the case as a matter of right. The court | 9 |
| shall act promptly on such a request. | 10 |
| (b) The General Assembly may provide by law for the | 11 |
| enforcement of this
Section.
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| (d) (c) The General Assembly may provide for an assessment | 13 |
| against convicted
defendants to pay for crime victims' rights.
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| (e) (d) Nothing in this Section or in any law enacted under | 15 |
| this Section
shall be construed as creating a basis for | 16 |
| vacating a conviction . This Section does not create any cause | 17 |
| of action for compensation or damages against the State, any | 18 |
| political subdivision of the State, any officer, employee, or | 19 |
| agent of the State or of any of its political subdivisions, or | 20 |
| any officer or employee of the court or a
ground for appellate | 21 |
| relief in any criminal case .
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| (Source: Amendment adopted at general election November 3, | 23 |
| 1992.)
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| SCHEDULE
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| This Constitutional Amendment takes effect upon being |
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| declared adopted in accordance with Section 7 of the Illinois | 2 |
| Constitutional Amendment Act.
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