Illinois General Assembly - Full Text of HB5472
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Full Text of HB5472  99th General Assembly


Sen. Toi W. Hutchinson

Filed: 5/19/2016





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2    AMENDMENT NO. ______. Amend House Bill 5472 on page 1, by
3inserting immediately below line 3 the following:
4    "Section 3. The Rights of Crime Victims and Witnesses Act
5is amended by changing Section 3 as follows:
6    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7    Sec. 3. The terms used in this Act shall have the following
9     (a) "Crime victim" or "victim" means: (1) any natural
10person determined by the prosecutor or the court to have
11suffered direct physical or psychological harm as a result of a
12violent crime perpetrated or attempted against that person or
13direct physical or psychological harm as a result of (i) a
14violation of Section 11-501 of the Illinois Vehicle Code or
15similar provision of a local ordinance or (ii) a violation of
16Section 9-3 of the Criminal Code of 1961 or the Criminal Code



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1of 2012; (2) in the case of a crime victim who is under 18 years
2of age or an adult victim who is incompetent or incapacitated,
3both parents, legal guardians, foster parents, or a single
4adult representative; (3) in the case of an adult deceased
5victim, 2 representatives who may be the spouse, parent, child
6or sibling of the victim, or the representative of the victim's
7estate; and (4) an immediate family member of a victim under
8clause (1) of this paragraph (a) chosen by the victim. If the
9victim is 18 years of age or over, the victim may choose any
10person to be the victim's representative. In no event shall the
11defendant or any person who aided and abetted in the commission
12of the crime be considered a victim, a crime victim, or a
13representative of the victim.
14    A board, agency, or other governmental entity making
15decisions regarding an offender's release, sentence reduction,
16or clemency can determine additional persons are victims for
17the purpose of its proceedings. person with a disability
18    (a-3) "Advocate" means a person whose communications with
19the victim are privileged under Section 8-802.1 or 8-802.2 of
20the Code of Civil Procedure, or Section 227 of the Illinois
21Domestic Violence Act of 1986.
22    (a-5) "Confer" means to consult together, share
23information, compare opinions and carry on a discussion or
25    (a-7) "Sentence" includes, but is not limited to, the
26imposition of sentence, a request for a reduction in sentence,



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1parole, mandatory supervised release, aftercare release, early
2release, clemency, or a proposal that would reduce the
3defendant's sentence or result in the defendant's release.
4"Early release" refers to a discretionary release.
5    (a-9) "Sentencing" includes, but is not limited to, the
6imposition of sentence and a request for a reduction in
7sentence, parole, mandatory supervised release, aftercare
8release, or early release.
9    (b) "Witness" means: any person who personally observed the
10commission of a crime and who will testify on behalf of the
11State of Illinois; or a person who will be called by the
12prosecution to give testimony establishing a necessary nexus
13between the offender and the violent crime.
14    (c) "Violent crime Crime" means: (1) any felony in which
15force or threat of force was used against the victim; (2) any
16offense involving sexual exploitation, sexual conduct, or
17sexual penetration; (3) a violation of Section 11-20.1,
1811-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or
19the Criminal Code of 2012; (4) domestic battery or , stalking;
20(5) violation of an order of protection, a civil no contact
21order, or a stalking no contact order; (6) any misdemeanor
22which results in death or great bodily harm to the victim; or
23(7) any violation of Section 9-3 of the Criminal Code of 1961
24or the Criminal Code of 2012, or Section 11-501 of the Illinois
25Vehicle Code, or a similar provision of a local ordinance, if
26the violation resulted in personal injury or death. "Violent



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1crime" includes any action committed by a juvenile that would
2be a violent crime if committed by an adult. For the purposes
3of this paragraph, "personal injury" shall include any Type A
4injury as indicated on the traffic accident report completed by
5a law enforcement officer that requires immediate professional
6attention in either a doctor's office or medical facility. A
7type A injury shall include severely bleeding wounds, distorted
8extremities, and injuries that require the injured party to be
9carried from the scene.
10    (d) (Blank).
11    (e) "Court proceedings" includes, but is not limited to,
12the preliminary hearing, any post-arraignment hearing the
13effect of which may be the release of the defendant from
14custody or to alter the conditions of bond, change of plea
15hearing, the trial, any pretrial or post-trial hearing,
16sentencing, any oral argument or hearing before an Illinois
17appellate court, any hearing under the Mental Health and
18Developmental Disabilities Code after a finding that the
19defendant is not guilty by reason of insanity, any hearing
20related to a modification of sentence, probation revocation
21hearing, aftercare release or parole hearings, post-conviction
22relief proceedings, habeas corpus proceedings and clemency
23proceedings related to the defendant's conviction or sentence.
24For purposes of the victim's right to be present, "court
25proceedings" does not include (1) hearings under Section 109-1
26of the Code of Criminal Procedure of 1963, (2) grand jury



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1proceedings, (3) status hearings, or (4) the issuance of an
2order or decision of an Illinois court that dismisses a charge,
3reverses a conviction, reduces a sentence, or releases an
4offender under a court rule.
5    (f) "Concerned citizen" includes relatives of the victim,
6friends of the victim, witnesses to the crime, or any other
7person associated with the victim or prisoner.
8    (g) "Victim's attorney" means an attorney retained by the
9victim for the purposes of asserting the victim's
10constitutional and statutory rights. An attorney retained by
11the victim means an attorney who is hired to represent the
12victim at the victim's expense or an attorney who has agreed to
13provide pro bono representation. Nothing in this statute
14creates a right to counsel at public expense for a victim.
15(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;
1699-413, eff. 8-20-15; revised 10-19-15.)".