Full Text of HB1168 103rd General Assembly
HB1168ham002 103RD GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 3/2/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1168
| 2 | | AMENDMENT NO. ______. Amend House Bill 1168 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 2 | | of 2012; (2) in the case of a crime victim who is under 18 | 3 | | years of age or an adult victim who is incompetent or | 4 | | incapacitated, both parents, legal guardians, foster parents, | 5 | | or a single adult representative; (3) in the case of an adult | 6 | | deceased victim, 2 representatives who may be the spouse, | 7 | | parent, child or sibling of the victim, or the representative | 8 | | of the victim's estate; and (4) an immediate family member of a | 9 | | victim under clause (1) of this paragraph (a) chosen by the | 10 | | victim. If the victim is 18 years of age or over, the victim | 11 | | may choose any person to be the victim's representative. In no | 12 | | event shall the defendant or any person who aided and abetted | 13 | | in the commission of the crime be considered a victim, a crime | 14 | | victim, or a representative of the victim. | 15 | | A board, agency, or other governmental entity making | 16 | | decisions regarding an offender's release, sentence reduction, | 17 | | or clemency can determine additional persons are victims for | 18 | | the purpose of its proceedings.
| 19 | | (a-3) "Advocate" means a person whose communications with | 20 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 21 | | the Code of Civil Procedure, or Section 227 of the Illinois | 22 | | Domestic Violence Act of 1986. | 23 | | (a-5) "Confer" means to consult together, share | 24 | | information, compare opinions and carry on a discussion or | 25 | | deliberation. | 26 | | (a-7) "Sentence" includes, but is not limited to, the |
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| 1 | | imposition of sentence, a request for a reduction in sentence, | 2 | | parole, mandatory supervised release, aftercare release, early | 3 | | release, inpatient treatment, outpatient treatment, | 4 | | conditional release after a finding that the defendant is not | 5 | | guilty by reason of insanity, clemency, or a proposal that | 6 | | would reduce the defendant's sentence or result in the | 7 | | defendant's release. "Early release" refers to a discretionary | 8 | | release. | 9 | | (a-9) "Sentencing" includes, but is not limited to, the | 10 | | imposition of sentence and a request for a reduction in | 11 | | sentence, parole, mandatory supervised release, aftercare | 12 | | release, early release, consideration of inpatient treatment | 13 | | or outpatient treatment, or conditional release after a | 14 | | finding that the defendant is not guilty by reason of | 15 | | insanity. | 16 | | (a-10) "Status hearing" means a hearing designed to | 17 | | provide information to the court, at which no motion of a | 18 | | substantive nature and no constitutional or statutory right of | 19 | | a crime victim is implicated or at issue. | 20 | | (b) "Witness" means: any person who personally observed | 21 | | the commission of
a crime and who will testify on behalf of the | 22 | | State of Illinois; or a person who will be called by the | 23 | | prosecution to give testimony establishing a necessary nexus | 24 | | between the offender and the violent crime.
| 25 | | (c) "Violent crime" means: (1) any felony in which force | 26 | | or threat of force was
used against the victim; (2) any offense |
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| 1 | | involving sexual exploitation, sexual
conduct, or sexual | 2 | | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | 3 | | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012; (4) domestic battery or stalking; (5) | 5 | | violation of an order of
protection, a civil no contact order, | 6 | | or a stalking no contact order; (6) any misdemeanor which | 7 | | results in death or great bodily
harm to the victim; or (7) any | 8 | | violation of Section 9-3 of the Criminal Code of
1961 or the | 9 | | Criminal Code of 2012, or Section 11-501 of the Illinois | 10 | | Vehicle
Code, or a similar provision of a local ordinance, if | 11 | | the violation resulted
in personal injury or death. "Violent | 12 | | crime" includes any action committed by a juvenile
that would | 13 | | be a violent crime if committed by an adult. For the purposes | 14 | | of
this paragraph, "personal injury" shall include any Type A | 15 | | injury as indicated
on the traffic accident report completed | 16 | | by a law enforcement officer that
requires immediate | 17 | | professional attention in either a doctor's office or
medical | 18 | | facility. A type A injury shall include severely bleeding | 19 | | wounds,
distorted extremities, and injuries that require the | 20 | | injured party to be
carried from the scene.
| 21 | | (d) (Blank).
| 22 | | (e) "Court proceedings" includes, but is not limited to, | 23 | | the preliminary hearing, any post-arraignment hearing the
| 24 | | effect of which may be the release of the defendant from | 25 | | custody or to alter
the conditions of bond, change of plea | 26 | | hearing, the trial, any pretrial or post-trial hearing, |
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| 1 | | sentencing, any oral argument or hearing before an Illinois | 2 | | appellate court, any hearing under the Mental Health and | 3 | | Developmental Disabilities Code or Section 5-2-4 of the | 4 | | Unified Code of Corrections after a finding that the defendant | 5 | | is not guilty by reason of insanity, including a hearing for | 6 | | conditional release, any
hearing related to a modification of | 7 | | sentence, probation revocation hearing, aftercare release or | 8 | | parole hearings, post-conviction relief proceedings, habeas | 9 | | corpus proceedings and clemency proceedings related to the | 10 | | defendant's conviction or sentence. For purposes of the | 11 | | victim's right to be present, "court proceedings" does not | 12 | | include (1) hearings under Section 109-1 of the Code of | 13 | | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | 14 | | status hearings, or (4) the issuance of an order or decision of | 15 | | an Illinois court that dismisses a charge, reverses a | 16 | | conviction, reduces a sentence, or releases an offender under | 17 | | a court rule.
| 18 | | (f) "Concerned citizen"
includes relatives of the victim, | 19 | | friends of the victim, witnesses to the
crime, or any other | 20 | | person associated with the victim or prisoner. | 21 | | (g) "Victim's attorney" means an attorney retained by the | 22 | | victim for the purposes of asserting the victim's | 23 | | constitutional and statutory rights. An attorney retained by | 24 | | the victim means an attorney who is hired to represent the | 25 | | victim at the victim's expense or an attorney who has agreed to | 26 | | provide pro bono representation. Nothing in this statute |
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| 1 | | creates a right to counsel at public expense for a victim. | 2 | | (h) "Support person" means a person chosen by a victim to | 3 | | be present at court proceedings. | 4 | | (Source: P.A. 102-1104, eff. 1-1-23.)
| 5 | | (Text of Section after amendment by P.A. 102-982 ) | 6 | | Sec. 3. The terms used in this Act shall have the following | 7 | | meanings:
| 8 | | (a) "Crime victim" or "victim" means: (1) any natural | 9 | | person determined by the prosecutor or the court to have | 10 | | suffered direct physical or psychological harm as a result of | 11 | | a violent crime perpetrated or attempted against that person | 12 | | or direct physical or psychological harm as a result of (i) a | 13 | | violation of Section 11-501 of the Illinois Vehicle Code or | 14 | | similar provision of a local ordinance or (ii) a violation of | 15 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012; (2) in the case of a crime victim who is under 18 | 17 | | years of age or an adult victim who is incompetent or | 18 | | incapacitated, both parents, legal guardians, foster parents, | 19 | | or a single adult representative; (3) in the case of an adult | 20 | | deceased victim, 2 representatives who may be the spouse, | 21 | | parent, child or sibling of the victim, or the representative | 22 | | of the victim's estate; and (4) an immediate family member of a | 23 | | victim under clause (1) of this paragraph (a) chosen by the | 24 | | victim. If the victim is 18 years of age or over, the victim | 25 | | may choose any person to be the victim's representative. In no |
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| 1 | | event shall the defendant or any person who aided and abetted | 2 | | in the commission of the crime be considered a victim, a crime | 3 | | victim, or a representative of the victim. | 4 | | A board, agency, or other governmental entity making | 5 | | decisions regarding an offender's release, sentence reduction, | 6 | | or clemency can determine additional persons are victims for | 7 | | the purpose of its proceedings.
| 8 | | (a-3) "Advocate" means a person whose communications with | 9 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 10 | | the Code of Civil Procedure, or Section 227 of the Illinois | 11 | | Domestic Violence Act of 1986. | 12 | | (a-5) "Confer" means to consult together, share | 13 | | information, compare opinions and carry on a discussion or | 14 | | deliberation. | 15 | | (a-6) "DNA database" means a collection of DNA profiles | 16 | | from forensic casework or specimens from anonymous, | 17 | | identified, and unidentified sources that is created to search | 18 | | DNA records against each other to develop investigative leads | 19 | | among forensic cases. | 20 | | (a-7) "Sentence" includes, but is not limited to, the | 21 | | imposition of sentence, a request for a reduction in sentence, | 22 | | parole, mandatory supervised release, aftercare release, early | 23 | | release, inpatient treatment, outpatient treatment, | 24 | | conditional release after a finding that the defendant is not | 25 | | guilty by reason of insanity, clemency, or a proposal that | 26 | | would reduce the defendant's sentence or result in the |
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| 1 | | defendant's release. "Early release" refers to a discretionary | 2 | | release. | 3 | | (a-9) "Sentencing" includes, but is not limited to, the | 4 | | imposition of sentence and a request for a reduction in | 5 | | sentence, parole, mandatory supervised release, aftercare | 6 | | release, early release, consideration of inpatient treatment | 7 | | or outpatient treatment, or conditional release after a | 8 | | finding that the defendant is not guilty by reason of | 9 | | insanity. | 10 | | (a-10) "Status hearing" means a hearing designed to | 11 | | provide information to the court, at which no motion of a | 12 | | substantive nature and no constitutional or statutory right of | 13 | | a crime victim is implicated or at issue. | 14 | | (b) "Witness" means: any person who personally observed | 15 | | the commission of
a crime and who will testify on behalf of the | 16 | | State of Illinois; or a person who will be called by the | 17 | | prosecution to give testimony establishing a necessary nexus | 18 | | between the offender and the violent crime.
| 19 | | (c) "Violent crime" means: (1) any felony in which force | 20 | | or threat of force was
used against the victim; (2) any offense | 21 | | involving sexual exploitation, sexual
conduct, or sexual | 22 | | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | 23 | | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012; (4) domestic battery or stalking; (5) | 25 | | violation of an order of
protection, a civil no contact order, | 26 | | or a stalking no contact order; (6) any misdemeanor which |
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| 1 | | results in death or great bodily
harm to the victim; or (7) any | 2 | | violation of Section 9-3 of the Criminal Code of
1961 or the | 3 | | Criminal Code of 2012, or Section 11-501 of the Illinois | 4 | | Vehicle
Code, or a similar provision of a local ordinance, if | 5 | | the violation resulted
in personal injury or death. "Violent | 6 | | crime" includes any action committed by a juvenile
that would | 7 | | be a violent crime if committed by an adult. For the purposes | 8 | | of
this paragraph, "personal injury" shall include any Type A | 9 | | injury as indicated
on the traffic crash report completed by a | 10 | | law enforcement officer that
requires immediate professional | 11 | | attention in either a doctor's office or
medical facility. A | 12 | | type A injury shall include severely bleeding wounds,
| 13 | | distorted extremities, and injuries that require the injured | 14 | | party to be
carried from the scene.
| 15 | | (d) (Blank).
| 16 | | (e) "Court proceedings" includes, but is not limited to, | 17 | | the preliminary hearing, any post-arraignment hearing the
| 18 | | effect of which may be the release of the defendant from | 19 | | custody or to alter
the conditions of bond, change of plea | 20 | | hearing, the trial, any pretrial or post-trial hearing, | 21 | | sentencing, any oral argument or hearing before an Illinois | 22 | | appellate court, any hearing under the Mental Health and | 23 | | Developmental Disabilities Code or Section 5-2-4 of the | 24 | | Unified Code of Corrections after a finding that the defendant | 25 | | is not guilty by reason of insanity, including a hearing for | 26 | | conditional release, any
hearing related to a modification of |
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| 1 | | sentence, probation revocation hearing, aftercare release or | 2 | | parole hearings, post-conviction relief proceedings, habeas | 3 | | corpus proceedings and clemency proceedings related to the | 4 | | defendant's conviction or sentence. For purposes of the | 5 | | victim's right to be present, "court proceedings" does not | 6 | | include (1) grand jury proceedings, (2) status hearings, or | 7 | | (3) the issuance of an order or decision of an Illinois court | 8 | | that dismisses a charge, reverses a conviction, reduces a | 9 | | sentence, or releases an offender under a court rule.
| 10 | | (f) "Concerned citizen"
includes relatives of the victim, | 11 | | friends of the victim, witnesses to the
crime, or any other | 12 | | person associated with the victim or prisoner. | 13 | | (g) "Victim's attorney" means an attorney retained by the | 14 | | victim for the purposes of asserting the victim's | 15 | | constitutional and statutory rights. An attorney retained by | 16 | | the victim means an attorney who is hired to represent the | 17 | | victim at the victim's expense or an attorney who has agreed to | 18 | | provide pro bono representation. Nothing in this statute | 19 | | creates a right to counsel at public expense for a victim. | 20 | | (h) "Support person" means a person chosen by a victim to | 21 | | be present at court proceedings. | 22 | | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
| 23 | | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| 24 | | Sec. 4. Rights of crime victims.
| 25 | | (a) Crime victims shall have the following rights:
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| 1 | | (1) The right to be treated with fairness and respect | 2 | | for their dignity
and privacy and to be free from | 3 | | harassment, intimidation, and abuse throughout the | 4 | | criminal justice process.
| 5 | | (1.5) The right to notice and to a hearing before a | 6 | | court ruling on a request for access to any of the victim's | 7 | | records, information, or communications which are | 8 | | privileged or confidential by law. | 9 | | (1.6) Except as otherwise provided in Section 9.5 of | 10 | | the Criminal Identification Act or Section 3-3013 of the | 11 | | Counties Code, whenever a person's DNA profile is | 12 | | collected due to the person being a victim of a crime, as | 13 | | identified by law enforcement, that specific profile | 14 | | collected in conjunction with that criminal investigation | 15 | | shall not be entered into any DNA database. Nothing in | 16 | | this paragraph (1.6) shall be interpreted to contradict | 17 | | rules and regulations developed by the Federal Bureau of | 18 | | Investigation relating to the National DNA Index System or | 19 | | Combined DNA Index System. | 20 | | (2) The right to timely notification of all court | 21 | | proceedings.
| 22 | | (3) The right to communicate with the prosecution.
| 23 | | (4) The right to be heard at any post-arraignment | 24 | | court proceeding in which a right of the victim is at issue | 25 | | and any court proceeding involving a post-arraignment | 26 | | release decision, plea, or sentencing.
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| 1 | | (5) The right to be notified of the conviction, the | 2 | | sentence, the imprisonment
and the release of the accused.
| 3 | | (6) The right to the timely disposition of the case | 4 | | following the arrest
of the accused.
| 5 | | (7) The right to be reasonably protected from the | 6 | | accused through the
criminal justice process.
| 7 | | (7.5) The right to have the safety of the victim and | 8 | | the victim's family considered in determining whether to | 9 | | release the defendant and setting conditions of release | 10 | | after arrest and conviction. | 11 | | (8) The right to be present at the trial and all other | 12 | | court proceedings
on the same basis as the accused, unless | 13 | | the victim is to testify and the court
determines that the | 14 | | victim's testimony would be materially affected if the
| 15 | | victim hears other testimony at the trial.
| 16 | | (9) The right to have present at all court | 17 | | proceedings, including proceedings under the Juvenile | 18 | | Court Act of 1987, subject to the
rules of evidence, an | 19 | | advocate and other support person of the victim's choice.
| 20 | | (10) The right to restitution.
| 21 | | (b) Any law enforcement agency that investigates an | 22 | | offense committed in this State shall provide a crime victim | 23 | | with a written statement and explanation of the rights of | 24 | | crime victims under this amendatory Act of the 99th General | 25 | | Assembly within 48 hours of law enforcement's initial contact | 26 | | with a victim. The statement shall include information about |
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| 1 | | crime victim compensation, including how to contact the Office | 2 | | of the Illinois Attorney General to file a claim, and | 3 | | appropriate referrals to local and State programs that provide | 4 | | victim services. The content of the statement shall be | 5 | | provided to law enforcement by the Attorney General. Law | 6 | | enforcement shall also provide a crime victim with a sign-off | 7 | | sheet that the victim shall sign and date as an | 8 | | acknowledgement that he or she has been furnished with | 9 | | information and an explanation of the rights of crime victims | 10 | | and compensation set forth in this Act. | 11 | | (b-5) Upon the request of the victim, the law enforcement | 12 | | agency having jurisdiction shall provide a free copy of the | 13 | | police report concerning the victim's incident, as soon as | 14 | | practicable, but in no event later than 5 business days from | 15 | | the request. | 16 | | (c) The Clerk of the Circuit Court shall post the rights of | 17 | | crime victims set forth in Article I, Section 8.1(a) of the | 18 | | Illinois Constitution and subsection (a) of this Section | 19 | | within 3 feet of the door to any courtroom where criminal | 20 | | proceedings are conducted. The clerk may also post the rights | 21 | | in other locations in the courthouse. | 22 | | (d) At any point, the victim has the right to retain a | 23 | | victim's attorney who may be present during all stages of any | 24 | | interview, investigation, or other interaction with | 25 | | representatives of the criminal justice system. Treatment of | 26 | | the victim should not be affected or altered in any way as a |
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| 1 | | result of the victim's decision to exercise this right.
| 2 | | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23 .)
| 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act.".
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