Full Text of HB1168 103rd General Assembly
HB1168eng 103RD GENERAL ASSEMBLY | | | HB1168 Engrossed | | LRB103 04746 RLC 49755 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Rights of Crime Victims and Witnesses Act | 5 | | is amended by changing Sections 3 and 4 as follows: | 6 | | (725 ILCS 120/3) (from Ch. 38, par. 1403) | 7 | | (Text of Section before amendment by P.A. 102-982 ) | 8 | | Sec. 3. The terms used in this Act shall have the following | 9 | | meanings: | 10 | | (a) "Crime victim" or "victim" means: (1) any natural | 11 | | person determined by the prosecutor or the court to have | 12 | | suffered direct physical or psychological harm as a result of | 13 | | a violent crime perpetrated or attempted against that person | 14 | | or direct physical or psychological harm as a result of (i) a | 15 | | violation of Section 11-501 of the Illinois Vehicle Code or | 16 | | similar provision of a local ordinance or (ii) a violation of | 17 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012; (2) in the case of a crime victim who is under 18 | 19 | | years of age or an adult victim who is incompetent or | 20 | | incapacitated, both parents, legal guardians, foster parents, | 21 | | or a single adult representative; (3) in the case of an adult | 22 | | deceased victim, 2 representatives who may be the spouse, | 23 | | parent, child or sibling of the victim, or the representative |
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| 1 | | of the victim's estate; and (4) an immediate family member of a | 2 | | victim under clause (1) of this paragraph (a) chosen by the | 3 | | victim. If the victim is 18 years of age or over, the victim | 4 | | may choose any person to be the victim's representative. In no | 5 | | event shall the defendant or any person who aided and abetted | 6 | | in the commission of the crime be considered a victim, a crime | 7 | | victim, or a representative of the victim. | 8 | | A board, agency, or other governmental entity making | 9 | | decisions regarding an offender's release, sentence reduction, | 10 | | or clemency can determine additional persons are victims for | 11 | | the purpose of its proceedings. | 12 | | (a-3) "Advocate" means a person whose communications with | 13 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 14 | | the Code of Civil Procedure, or Section 227 of the Illinois | 15 | | Domestic Violence Act of 1986. | 16 | | (a-5) "Confer" means to consult together, share | 17 | | information, compare opinions and carry on a discussion or | 18 | | deliberation. | 19 | | (a-7) "Sentence" includes, but is not limited to, the | 20 | | imposition of sentence, a request for a reduction in sentence, | 21 | | parole, mandatory supervised release, aftercare release, early | 22 | | release, inpatient treatment, outpatient treatment, | 23 | | conditional release after a finding that the defendant is not | 24 | | guilty by reason of insanity, clemency, or a proposal that | 25 | | would reduce the defendant's sentence or result in the | 26 | | defendant's release. "Early release" refers to a discretionary |
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| 1 | | release. | 2 | | (a-9) "Sentencing" includes, but is not limited to, the | 3 | | imposition of sentence and a request for a reduction in | 4 | | sentence, parole, mandatory supervised release, aftercare | 5 | | release, early release, consideration of inpatient treatment | 6 | | or outpatient treatment, or conditional release after a | 7 | | finding that the defendant is not guilty by reason of | 8 | | insanity. | 9 | | (a-10) "Status hearing" means a hearing designed to | 10 | | provide information to the court, at which no motion of a | 11 | | substantive nature and no constitutional or statutory right of | 12 | | a crime victim is implicated or at issue. | 13 | | (b) "Witness" means: any person who personally observed | 14 | | the commission of a crime and who will testify on behalf of the | 15 | | State of Illinois; or a person who will be called by the | 16 | | prosecution to give testimony establishing a necessary nexus | 17 | | between the offender and the violent crime. | 18 | | (c) "Violent crime" means: (1) any felony in which force | 19 | | or threat of force was used against the victim; (2) any offense | 20 | | involving sexual exploitation, sexual conduct, or sexual | 21 | | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | 22 | | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012; (4) domestic battery or stalking; (5) | 24 | | violation of an order of protection, a civil no contact order, | 25 | | or a stalking no contact order; (6) any misdemeanor which | 26 | | results in death or great bodily harm to the victim; or (7) any |
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| 1 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, or Section 11-501 of the Illinois | 3 | | Vehicle Code, or a similar provision of a local ordinance, if | 4 | | the violation resulted in personal injury or death. "Violent | 5 | | crime" includes any action committed by a juvenile that would | 6 | | be a violent crime if committed by an adult. For the purposes | 7 | | of this paragraph, "personal injury" shall include any Type A | 8 | | injury as indicated on the traffic accident report completed | 9 | | by a law enforcement officer that requires immediate | 10 | | professional attention in either a doctor's office or medical | 11 | | facility. A type A injury shall include severely bleeding | 12 | | wounds, distorted extremities, and injuries that require the | 13 | | injured party to be carried from the scene. | 14 | | (d) (Blank). | 15 | | (e) "Court proceedings" includes, but is not limited to, | 16 | | the preliminary hearing, any post-arraignment hearing the | 17 | | effect of which may be the release of the defendant from | 18 | | custody or to alter the conditions of bond, change of plea | 19 | | hearing, the trial, any pretrial or post-trial hearing, | 20 | | sentencing, any oral argument or hearing before an Illinois | 21 | | appellate court, any hearing under the Mental Health and | 22 | | Developmental Disabilities Code or Section 5-2-4 of the | 23 | | Unified Code of Corrections after a finding that the defendant | 24 | | is not guilty by reason of insanity, including a hearing for | 25 | | conditional release, any hearing related to a modification of | 26 | | sentence, probation revocation hearing, aftercare release or |
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| 1 | | parole hearings, post-conviction relief proceedings, habeas | 2 | | corpus proceedings and clemency proceedings related to the | 3 | | defendant's conviction or sentence. For purposes of the | 4 | | victim's right to be present, "court proceedings" does not | 5 | | include (1) hearings under Section 109-1 of the Code of | 6 | | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | 7 | | status hearings, or (4) the issuance of an order or decision of | 8 | | an Illinois court that dismisses a charge, reverses a | 9 | | conviction, reduces a sentence, or releases an offender under | 10 | | a court rule. | 11 | | (f) "Concerned citizen" includes relatives of the victim, | 12 | | friends of the victim, witnesses to the crime, or any other | 13 | | person associated with the victim or prisoner. | 14 | | (g) "Victim's attorney" means an attorney retained by the | 15 | | victim for the purposes of asserting the victim's | 16 | | constitutional and statutory rights. An attorney retained by | 17 | | the victim means an attorney who is hired to represent the | 18 | | victim at the victim's expense or an attorney who has agreed to | 19 | | provide pro bono representation. Nothing in this statute | 20 | | creates a right to counsel at public expense for a victim. | 21 | | (h) "Support person" means a person chosen by a victim to | 22 | | be present at court proceedings. | 23 | | (Source: P.A. 102-1104, eff. 1-1-23.) | 24 | | (Text of Section after amendment by P.A. 102-982 ) | 25 | | Sec. 3. The terms used in this Act shall have the following |
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| 1 | | meanings: | 2 | | (a) "Crime victim" or "victim" means: (1) any natural | 3 | | person determined by the prosecutor or the court to have | 4 | | suffered direct physical or psychological harm as a result of | 5 | | a violent crime perpetrated or attempted against that person | 6 | | or direct physical or psychological harm as a result of (i) a | 7 | | violation of Section 11-501 of the Illinois Vehicle Code or | 8 | | similar provision of a local ordinance or (ii) a violation of | 9 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 10 | | of 2012; (2) in the case of a crime victim who is under 18 | 11 | | years of age or an adult victim who is incompetent or | 12 | | incapacitated, both parents, legal guardians, foster parents, | 13 | | or a single adult representative; (3) in the case of an adult | 14 | | deceased victim, 2 representatives who may be the spouse, | 15 | | parent, child or sibling of the victim, or the representative | 16 | | of the victim's estate; and (4) an immediate family member of a | 17 | | victim under clause (1) of this paragraph (a) chosen by the | 18 | | victim. If the victim is 18 years of age or over, the victim | 19 | | may choose any person to be the victim's representative. In no | 20 | | event shall the defendant or any person who aided and abetted | 21 | | in the commission of the crime be considered a victim, a crime | 22 | | victim, or a representative of the victim. | 23 | | A board, agency, or other governmental entity making | 24 | | decisions regarding an offender's release, sentence reduction, | 25 | | or clemency can determine additional persons are victims for | 26 | | the purpose of its proceedings. |
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| 1 | | (a-3) "Advocate" means a person whose communications with | 2 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 3 | | the Code of Civil Procedure, or Section 227 of the Illinois | 4 | | Domestic Violence Act of 1986. | 5 | | (a-5) "Confer" means to consult together, share | 6 | | information, compare opinions and carry on a discussion or | 7 | | deliberation. | 8 | | (a-6) "DNA database" means a collection of DNA profiles | 9 | | from forensic casework or specimens from anonymous, | 10 | | identified, and unidentified sources that is created to search | 11 | | DNA records against each other to develop investigative leads | 12 | | among forensic cases. | 13 | | (a-7) "Sentence" includes, but is not limited to, the | 14 | | imposition of sentence, a request for a reduction in sentence, | 15 | | parole, mandatory supervised release, aftercare release, early | 16 | | release, inpatient treatment, outpatient treatment, | 17 | | conditional release after a finding that the defendant is not | 18 | | guilty by reason of insanity, clemency, or a proposal that | 19 | | would reduce the defendant's sentence or result in the | 20 | | defendant's release. "Early release" refers to a discretionary | 21 | | release. | 22 | | (a-9) "Sentencing" includes, but is not limited to, the | 23 | | imposition of sentence and a request for a reduction in | 24 | | sentence, parole, mandatory supervised release, aftercare | 25 | | release, early release, consideration of inpatient treatment | 26 | | or outpatient treatment, or conditional release after a |
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| 1 | | finding that the defendant is not guilty by reason of | 2 | | insanity. | 3 | | (a-10) "Status hearing" means a hearing designed to | 4 | | provide information to the court, at which no motion of a | 5 | | substantive nature and no constitutional or statutory right of | 6 | | a crime victim is implicated or at issue. | 7 | | (b) "Witness" means: any person who personally observed | 8 | | the commission of a crime and who will testify on behalf of the | 9 | | State of Illinois; or a person who will be called by the | 10 | | prosecution to give testimony establishing a necessary nexus | 11 | | between the offender and the violent crime. | 12 | | (c) "Violent crime" means: (1) any felony in which force | 13 | | or threat of force was used against the victim; (2) any offense | 14 | | involving sexual exploitation, sexual conduct, or sexual | 15 | | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | 16 | | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012; (4) domestic battery or stalking; (5) | 18 | | violation of an order of protection, a civil no contact order, | 19 | | or a stalking no contact order; (6) any misdemeanor which | 20 | | results in death or great bodily harm to the victim; or (7) any | 21 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, or Section 11-501 of the Illinois | 23 | | Vehicle Code, or a similar provision of a local ordinance, if | 24 | | the violation resulted in personal injury or death. "Violent | 25 | | crime" includes any action committed by a juvenile that would | 26 | | be a violent crime if committed by an adult. For the purposes |
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| 1 | | of this paragraph, "personal injury" shall include any Type A | 2 | | injury as indicated on the traffic crash report completed by a | 3 | | law enforcement officer that requires immediate professional | 4 | | attention in either a doctor's office or medical facility. A | 5 | | type A injury shall include severely bleeding wounds, | 6 | | distorted extremities, and injuries that require the injured | 7 | | party to be carried from the scene. | 8 | | (d) (Blank). | 9 | | (e) "Court proceedings" includes, but is not limited to, | 10 | | the preliminary hearing, any post-arraignment hearing the | 11 | | effect of which may be the release of the defendant from | 12 | | custody or to alter the conditions of bond, change of plea | 13 | | hearing, the trial, any pretrial or post-trial hearing, | 14 | | sentencing, any oral argument or hearing before an Illinois | 15 | | appellate court, any hearing under the Mental Health and | 16 | | Developmental Disabilities Code or Section 5-2-4 of the | 17 | | Unified Code of Corrections after a finding that the defendant | 18 | | is not guilty by reason of insanity, including a hearing for | 19 | | conditional release, any hearing related to a modification of | 20 | | sentence, probation revocation hearing, aftercare release or | 21 | | parole hearings, post-conviction relief proceedings, habeas | 22 | | corpus proceedings and clemency proceedings related to the | 23 | | defendant's conviction or sentence. For purposes of the | 24 | | victim's right to be present, "court proceedings" does not | 25 | | include (1) grand jury proceedings, (2) status hearings, or | 26 | | (3) the issuance of an order or decision of an Illinois court |
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| 1 | | that dismisses a charge, reverses a conviction, reduces a | 2 | | sentence, or releases an offender under a court rule. | 3 | | (f) "Concerned citizen" includes relatives of the victim, | 4 | | friends of the victim, witnesses to the crime, or any other | 5 | | person associated with the victim or prisoner. | 6 | | (g) "Victim's attorney" means an attorney retained by the | 7 | | victim for the purposes of asserting the victim's | 8 | | constitutional and statutory rights. An attorney retained by | 9 | | the victim means an attorney who is hired to represent the | 10 | | victim at the victim's expense or an attorney who has agreed to | 11 | | provide pro bono representation. Nothing in this statute | 12 | | creates a right to counsel at public expense for a victim. | 13 | | (h) "Support person" means a person chosen by a victim to | 14 | | be present at court proceedings. | 15 | | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.) | 16 | | (725 ILCS 120/4) (from Ch. 38, par. 1404) | 17 | | Sec. 4. Rights of crime victims. | 18 | | (a) Crime victims shall have the following rights: | 19 | | (1) The right to be treated with fairness and respect | 20 | | for their dignity and privacy and to be free from | 21 | | harassment, intimidation, and abuse throughout the | 22 | | criminal justice process. | 23 | | (1.5) The right to notice and to a hearing before a | 24 | | court ruling on a request for access to any of the victim's | 25 | | records, information, or communications which are |
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| 1 | | privileged or confidential by law. | 2 | | (1.6) Except as otherwise provided in Section 9.5 of | 3 | | the Criminal Identification Act or Section 3-3013 of the | 4 | | Counties Code, whenever a person's DNA profile is | 5 | | collected due to the person being a victim of a crime, as | 6 | | identified by law enforcement, that specific profile | 7 | | collected in conjunction with that criminal investigation | 8 | | shall not be entered into any DNA database. Nothing in | 9 | | this paragraph (1.6) shall be interpreted to contradict | 10 | | rules and regulations developed by the Federal Bureau of | 11 | | Investigation relating to the National DNA Index System or | 12 | | Combined DNA Index System. | 13 | | (2) The right to timely notification of all court | 14 | | proceedings. | 15 | | (3) The right to communicate with the prosecution. | 16 | | (4) The right to be heard at any post-arraignment | 17 | | court proceeding in which a right of the victim is at issue | 18 | | and any court proceeding involving a post-arraignment | 19 | | release decision, plea, or sentencing. | 20 | | (5) The right to be notified of the conviction, the | 21 | | sentence, the imprisonment and the release of the accused. | 22 | | (6) The right to the timely disposition of the case | 23 | | following the arrest of the accused. | 24 | | (7) The right to be reasonably protected from the | 25 | | accused through the criminal justice process. | 26 | | (7.5) The right to have the safety of the victim and |
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| 1 | | the victim's family considered in determining whether to | 2 | | release the defendant and setting conditions of release | 3 | | after arrest and conviction. | 4 | | (8) The right to be present at the trial and all other | 5 | | court proceedings on the same basis as the accused, unless | 6 | | the victim is to testify and the court determines that the | 7 | | victim's testimony would be materially affected if the | 8 | | victim hears other testimony at the trial. | 9 | | (9) The right to have present at all court | 10 | | proceedings, including proceedings under the Juvenile | 11 | | Court Act of 1987, subject to the rules of evidence, an | 12 | | advocate and other support person of the victim's choice. | 13 | | (10) The right to restitution. | 14 | | (b) Any law enforcement agency that investigates an | 15 | | offense committed in this State shall provide a crime victim | 16 | | with a written statement and explanation of the rights of | 17 | | crime victims under this amendatory Act of the 99th General | 18 | | Assembly within 48 hours of law enforcement's initial contact | 19 | | with a victim. The statement shall include information about | 20 | | crime victim compensation, including how to contact the Office | 21 | | of the Illinois Attorney General to file a claim, and | 22 | | appropriate referrals to local and State programs that provide | 23 | | victim services. The content of the statement shall be | 24 | | provided to law enforcement by the Attorney General. Law | 25 | | enforcement shall also provide a crime victim with a sign-off | 26 | | sheet that the victim shall sign and date as an |
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| 1 | | acknowledgement that he or she has been furnished with | 2 | | information and an explanation of the rights of crime victims | 3 | | and compensation set forth in this Act. | 4 | | (b-5) Upon the request of the victim, the law enforcement | 5 | | agency having jurisdiction shall provide a free copy of the | 6 | | police report concerning the victim's incident, as soon as | 7 | | practicable, but in no event later than 5 business days from | 8 | | the request. | 9 | | (c) The Clerk of the Circuit Court shall post the rights of | 10 | | crime victims set forth in Article I, Section 8.1(a) of the | 11 | | Illinois Constitution and subsection (a) of this Section | 12 | | within 3 feet of the door to any courtroom where criminal | 13 | | proceedings are conducted. The clerk may also post the rights | 14 | | in other locations in the courthouse. | 15 | | (d) At any point, the victim has the right to retain a | 16 | | victim's attorney who may be present during all stages of any | 17 | | interview, investigation, or other interaction with | 18 | | representatives of the criminal justice system. Treatment of | 19 | | the victim should not be affected or altered in any way as a | 20 | | result of the victim's decision to exercise this right. | 21 | | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23 .) | 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act. |
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