Full Text of HJRCA0019 96th General Assembly
HC0019eng 96TH GENERAL ASSEMBLY
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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 as
provided by law :
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| (1) The right to be treated with fairness and respect | 18 |
| for the victim's their
dignity and privacy throughout the | 19 |
| criminal justice process .
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| (2) The right to timely notification of court | 21 |
| proceedings and any related post-judgment proceedings .
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| (3) The right to notice and to a hearing before a court | 23 |
| ruling on an
accused's request for access to any of the | 24 |
| victim's records, information, or communications which are |
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| privileged or confidential by law.
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| (4) (3) The right to communicate with the prosecution.
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| (5) (4) The right to be heard in person or in any other | 4 |
| reasonable manner convenient to the victim at any plea, | 5 |
| sentencing, reduction or change in sentence, or other | 6 |
| proceeding in which a right of the victim is at issue make | 7 |
| a statement to the court at sentencing .
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| (6) (5) The right to review any written description of | 9 |
| the offense prepared for
sentencing, reduction in | 10 |
| sentence, parole, early release or clemency and the | 11 |
| accused's prior criminal history information about the | 12 |
| conviction, sentence,
imprisonment, and release of the | 13 |
| accused .
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| (7) The right to be informed of the conviction, the | 15 |
| sentence, any post-judgment decision, any reduction of the | 16 |
| sentence, the imprisonment, and the release of the accused.
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| (8) (6) The right to timely disposition of the case | 18 |
| following the arrest of the accused , including related | 19 |
| post-conviction and post-judgment proceedings .
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| (9) (7) The right to be reasonably protected from the | 21 |
| accused throughout
the criminal justice process .
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| (10) The right to have the safety of the victim and the | 23 |
| victim's family
considered in denying or fixing the amount | 24 |
| of bail and release conditions for the accused and in | 25 |
| deciding any parole or post-judgment release decision. | 26 |
| (11) (8) The right to be present at the trial and all |
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| other court
proceedings on the same basis as the accused, | 2 |
| unless the victim is to
testify and the court determines | 3 |
| that the victim's testimony would be
materially affected if | 4 |
| the victim hears other testimony at the trial .
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| (12) (9) The right to have present at all court | 6 |
| proceedings, subject to the
rules of evidence, an advocate , | 7 |
| a victim-witness specialist, or other support person of the | 8 |
| victim's choice.
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| (13) (10) The right to restitution.
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| (b) Definition. For the purposes of this Section, the term | 11 |
| "crime victim" means a person directly and proximately harmed | 12 |
| as a result of the commission of a criminal offense. In the | 13 |
| case of a crime victim who is under 18 years of age, | 14 |
| incompetent, incapacitated, or deceased, the legal guardians | 15 |
| of the crime victim or the representatives of the crime | 16 |
| victim's estate, family members, or any other persons appointed | 17 |
| as suitable by the court may assume the crime victim's rights | 18 |
| under this Section, but in no event shall the accused be named | 19 |
| as such guardian or representative. | 20 |
| (c) A victim, a lawful representative of the victim | 21 |
| including the victim's lawyer, or the prosecuting attorney upon | 22 |
| request of the victim may assert the rights enumerated in | 23 |
| subsection (a) in any circuit or appellate court with | 24 |
| jurisdiction over the case as a matter of right. The court | 25 |
| shall act promptly on such a request. | 26 |
| (b) The General Assembly may provide by law for the |
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| enforcement of this
Section.
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| (d) (c) The General Assembly may provide for an assessment | 3 |
| 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 | 5 |
| this Section
shall be construed as creating a basis for | 6 |
| vacating a conviction . This Section does not create any cause | 7 |
| of action for compensation or damages against the State, any | 8 |
| political subdivision of the State, any officer, employee, or | 9 |
| agent of the State or of any of its political subdivisions, or | 10 |
| any officer or employee of the court or a
ground for appellate | 11 |
| relief in any criminal case .
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| (Source: Amendment adopted at general election November 3, | 13 |
| 1992.)
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| SCHEDULE
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| This Constitutional Amendment takes effect upon being | 16 |
| declared adopted in accordance with Section 7 of the Illinois | 17 |
| Constitutional Amendment Act. |
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