100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1738

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/4  from Ch. 38, par. 1404

    Amends the Rights of Crime Victims and Witnesses Act. Makes a technical change in a Section concerning the rights of crime victims.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rights of Crime Victims and Witnesses Act is
5amended by changing Section 4 as follows:
 
6    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
7    Sec. 4. Rights of crime victims.
8    (a) Crime victims shall have the the following rights:
9        (1) The right to be treated with fairness and respect
10    for their dignity and privacy and to be free from
11    harassment, intimidation, and abuse throughout the
12    criminal justice process.
13        (1.5) The right to notice and to a hearing before a
14    court ruling on a request for access to any of the victim's
15    records, information, or communications which are
16    privileged or confidential by law.
17        (2) The right to timely notification of all court
18    proceedings.
19        (3) The right to communicate with the prosecution.
20        (4) The right to be heard at any post-arraignment court
21    proceeding in which a right of the victim is at issue and
22    any court proceeding involving a post-arraignment release
23    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 denying or fixing the
9    amount of bail, determining whether to release the
10    defendant, and setting conditions of release after arrest
11    and conviction.
12        (8) The right to be present at the trial and all other
13    court proceedings on the same basis as the accused, unless
14    the victim is to testify and the court determines that the
15    victim's testimony would be materially affected if the
16    victim hears other testimony at the trial.
17        (9) The right to have present at all court proceedings,
18    including proceedings under the Juvenile Court Act of 1987,
19    subject to the rules of evidence, an advocate and other
20    support person of the victim's choice.
21        (10) The right to restitution.
22    (b) Any law enforcement agency that investigates an offense
23committed in this State shall provide a crime victim with a
24written statement and explanation of the rights of crime
25victims under this amendatory Act of the 99th General Assembly
26within 48 hours of law enforcement's initial contact with a

 

 

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1victim. The statement shall include information about crime
2victim compensation, including how to contact the Office of the
3Illinois Attorney General to file a claim, and appropriate
4referrals to local and State programs that provide victim
5services. The content of the statement shall be provided to law
6enforcement by the Attorney General. Law enforcement shall also
7provide a crime victim with a sign-off sheet that the victim
8shall sign and date as an acknowledgement that he or she has
9been furnished with information and an explanation of the
10rights of crime victims and compensation set forth in this Act.
11    (c) The Clerk of the Circuit Court shall post the rights of
12crime victims set forth in Article I, Section 8.1(a) of the
13Illinois Constitution and subsection (a) of this Section within
143 feet of the door to any courtroom where criminal proceedings
15are conducted. The clerk may also post the rights in other
16locations in the courthouse.
17(Source: P.A. 99-413, eff. 8-20-15.)