Full Text of HB5812 102nd General Assembly
HB5812 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5812 Introduced 11/16/2022, by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/4 | from Ch. 38, par. 1404 |
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Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to notice if the accused violates a condition of pretrial release.
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| | A BILL FOR |
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| | | HB5812 | | LRB102 28969 RLC 40868 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 Section 4 as follows:
| 6 | | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| 7 | | (Text of Section before amendment by P.A. 101-652 ) | 8 | | Sec. 4. Rights of crime victims.
| 9 | | (a) Crime victims shall have the following rights:
| 10 | | (1) The right to be treated with fairness and respect | 11 | | for their dignity
and privacy and to be free from | 12 | | harassment, intimidation, and abuse throughout the | 13 | | criminal justice process.
| 14 | | (1.5) The right to notice and to a hearing before a | 15 | | court ruling on a request for access to any of the victim's | 16 | | records, information, or communications which are | 17 | | privileged or confidential by law. | 18 | | (2) The right to timely notification of all court | 19 | | proceedings.
| 20 | | (3) The right to communicate with the prosecution.
| 21 | | (4) The right to be heard at any post-arraignment | 22 | | court proceeding in which a right of the victim is at issue | 23 | | and any court proceeding involving a post-arraignment |
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| 1 | | release decision, plea, or sentencing.
| 2 | | (5) The right to be notified of the conviction, the | 3 | | sentence, the imprisonment
and the release of the accused.
| 4 | | (6) The right to the timely disposition of the case | 5 | | following the arrest
of the accused.
| 6 | | (7) The right to be reasonably protected from the | 7 | | accused through the
criminal justice process.
| 8 | | (7.5) The right to have the safety of the victim and | 9 | | the victim's family considered in denying or fixing the | 10 | | amount of bail, determining whether to release the | 11 | | defendant, and setting conditions of release after arrest | 12 | | and conviction. | 13 | | (8) The right to be present at the trial and all other | 14 | | court proceedings
on the same basis as the accused, unless | 15 | | the victim is to testify and the court
determines that the | 16 | | victim's testimony would be materially affected if the
| 17 | | victim hears other testimony at the trial.
| 18 | | (9) The right to have present at all court | 19 | | proceedings, including proceedings under the Juvenile | 20 | | Court Act of 1987, subject to the
rules of evidence, an | 21 | | advocate and other support person of the victim's choice.
| 22 | | (10) The right to restitution.
| 23 | | (b) Any law enforcement agency that investigates an | 24 | | offense committed in this State shall provide a crime victim | 25 | | with a written statement and explanation of the rights of | 26 | | crime victims under this amendatory Act of the 99th General |
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| 1 | | Assembly within 48 hours of law enforcement's initial contact | 2 | | with a victim. The statement shall include information about | 3 | | crime victim compensation, including how to contact the Office | 4 | | of the Illinois Attorney General to file a claim, and | 5 | | appropriate referrals to local and State programs that provide | 6 | | victim services. The content of the statement shall be | 7 | | provided to law enforcement by the Attorney General. Law | 8 | | enforcement shall also provide a crime victim with a sign-off | 9 | | sheet that the victim shall sign and date as an | 10 | | acknowledgement that he or she has been furnished with | 11 | | information and an explanation of the rights of crime victims | 12 | | and compensation set forth in this Act. | 13 | | (b-5) Upon the request of the victim, the law enforcement | 14 | | agency having jurisdiction shall provide a free copy of the | 15 | | police report concerning the victim's incident, as soon as | 16 | | practicable, but in no event later than 5 business days from | 17 | | the request. | 18 | | (c) The Clerk of the Circuit Court shall post the rights of | 19 | | crime victims set forth in Article I, Section 8.1(a) of the | 20 | | Illinois Constitution and subsection (a) of this Section | 21 | | within 3 feet of the door to any courtroom where criminal | 22 | | proceedings are conducted. The clerk may also post the rights | 23 | | in other locations in the courthouse. | 24 | | (d) At any point, the victim has the right to retain a | 25 | | victim's attorney who may be present during all stages of any | 26 | | interview, investigation, or other interaction with |
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| 1 | | representatives of the criminal justice system. Treatment of | 2 | | the victim should not be affected or altered in any way as a | 3 | | result of the victim's decision to exercise this right.
| 4 | | (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19 .)
| 5 | | (Text of Section after amendment by P.A. 101-652 ) | 6 | | Sec. 4. Rights of crime victims.
| 7 | | (a) Crime victims shall have the following rights:
| 8 | | (1) The right to be treated with fairness and respect | 9 | | for their dignity
and privacy and to be free from | 10 | | harassment, intimidation, and abuse throughout the | 11 | | criminal justice process.
| 12 | | (1.5) The right to notice and to a hearing before a | 13 | | court ruling on a request for access to any of the victim's | 14 | | records, information, or communications which are | 15 | | privileged or confidential by law. | 16 | | (2) The right to timely notification of all court | 17 | | proceedings.
| 18 | | (3) The right to communicate with the prosecution.
| 19 | | (4) The right to be heard at any post-arraignment | 20 | | court proceeding in which a right of the victim is at issue | 21 | | and any court proceeding involving a post-arraignment | 22 | | release decision, plea, or sentencing.
| 23 | | (5) The right to be notified of the conviction, the | 24 | | sentence, the imprisonment
and the release of the accused.
| 25 | | (6) The right to the timely disposition of the case |
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| 1 | | following the arrest
of the accused.
| 2 | | (7) The right to be reasonably protected from the | 3 | | accused through the
criminal justice process.
| 4 | | (7.5) The right to have the safety of the victim and | 5 | | the victim's family considered in determining whether to | 6 | | release the defendant and setting conditions of release | 7 | | after arrest and conviction. | 8 | | (8) The right to be present at the trial and all other | 9 | | court proceedings
on the same basis as the accused, unless | 10 | | the victim is to testify and the court
determines that the | 11 | | victim's testimony would be materially affected if the
| 12 | | victim hears other testimony at the trial.
| 13 | | (9) The right to have present at all court | 14 | | proceedings, including proceedings under the Juvenile | 15 | | Court Act of 1987, subject to the
rules of evidence, an | 16 | | advocate and other support person of the victim's choice.
| 17 | | (10) The right to restitution. | 18 | | (11) The right to notice if the accused violates a | 19 | | condition of pretrial release.
| 20 | | (b) Any law enforcement agency that investigates an | 21 | | offense committed in this State shall provide a crime victim | 22 | | with a written statement and explanation of the rights of | 23 | | crime victims under this amendatory Act of the 99th General | 24 | | Assembly within 48 hours of law enforcement's initial contact | 25 | | with a victim. The statement shall include information about | 26 | | crime victim compensation, including how to contact the Office |
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| 1 | | of the Illinois Attorney General to file a claim, and | 2 | | appropriate referrals to local and State programs that provide | 3 | | victim services. The content of the statement shall be | 4 | | provided to law enforcement by the Attorney General. Law | 5 | | enforcement shall also provide a crime victim with a sign-off | 6 | | sheet that the victim shall sign and date as an | 7 | | acknowledgement that he or she has been furnished with | 8 | | information and an explanation of the rights of crime victims | 9 | | and compensation set forth in this Act. | 10 | | (b-5) Upon the request of the victim, the law enforcement | 11 | | agency having jurisdiction shall provide a free copy of the | 12 | | police report concerning the victim's incident, as soon as | 13 | | practicable, but in no event later than 5 business days from | 14 | | the request. | 15 | | (c) The Clerk of the Circuit Court shall post the rights of | 16 | | crime victims set forth in Article I, Section 8.1(a) of the | 17 | | Illinois Constitution and subsection (a) of this Section | 18 | | within 3 feet of the door to any courtroom where criminal | 19 | | proceedings are conducted. The clerk may also post the rights | 20 | | in other locations in the courthouse. | 21 | | (d) At any point, the victim has the right to retain a | 22 | | victim's attorney who may be present during all stages of any | 23 | | interview, investigation, or other interaction with | 24 | | representatives of the criminal justice system. Treatment of | 25 | | the victim should not be affected or altered in any way as a | 26 | | result of the victim's decision to exercise this right.
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| 1 | | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
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