93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4777


 
Introduced 02/04/04, by Maria Antonia Berrios
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 120/6
  from Ch. 38, par. 1406







    Amends the Rights of Crime Victims and Witnesses Act.  Permits the grandparent of the victim of a violent crime to present a victim impact statement.  Provides that the court has discretion to determine the number of oral presentations of victim impact statements.  Provides that any written victim impact statement submitted to the Office of the State's Attorney shall be considered by the court during its consideration of aggravation and mitigation in plea proceedings under Supreme Court Rule 402.  Effective immediately.



















LRB093 15194 RLC 40790 b




















 


 


A BILL FOR









 














HB4777

LRB093 15194 RLC 40790 b









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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Rights of Crime Victims and Witnesses Act is 
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amended  by changing Section 6 as follows:
 



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    (725 ILCS 120/6)  (from Ch. 38, par. 1406)



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    Sec. 6. Rights to present victim impact statement. 

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    (a) In any case where a defendant has been convicted of a 
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violent crime or a
juvenile has been adjudicated a delinquent 
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for a violent crime except
those in which both parties have 
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agreed to the imposition of a specific
sentence, and a victim 
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of the violent crime or the victim's spouse,
guardian, parent, 
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grandparent, or other immediate family or household member is 
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present in
the
courtroom at the time of the sentencing or the 
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disposition hearing,
the victim or his or her representative 
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shall have the right and the victim's
spouse, guardian, parent, 
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grandparent, and
or other immediate
family or household member 
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upon his, her, or
their request may be permitted by the court 
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to address the
court regarding the impact that the defendant's 
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criminal conduct
or the
juvenile's delinquent conduct has had 
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upon them and the victim.
The court has discretion to determine 
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the number of oral presentations of victim impact statements.

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Any impact
statement must have been prepared in writing in 
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conjunction with the Office
of the State's Attorney prior to 
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the initial hearing or sentencing, before
it can be presented 
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orally or in writing at the sentencing hearing.  In
conjunction 
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with the Office of the State's Attorney, a victim impact 
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statement
that is presented orally may be done so by the victim 
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or the victim's spouse,
guardian, parent, grandparent, or other 
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immediate family or household member or
his,
her, or their

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representative.  At the sentencing hearing, the prosecution may 
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introduce
that evidence either in its
case in chief or in 
 


 









HB4777
- 2 -
LRB093 15194 RLC 40790 b







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rebuttal.  The court shall
consider any impact statement 
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admitted
along with
all
other appropriate factors in 
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determining the sentence of the defendant or
disposition of 
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such juvenile.

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    (b) The crime victim has the right to prepare a victim 
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impact statement
and present it to the Office of the State's 
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Attorney at any time during the
proceedings. Any written victim 
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impact statement submitted to the Office of the State's 
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Attorney shall be considered by the court during its 
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consideration of aggravation and mitigation in plea 
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proceedings under Supreme Court Rule 402.


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    (c) This Section shall apply to any victims of a violent 
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crime during any
dispositional hearing under Section 5-705 of 
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the Juvenile Court
Act of 1987 which takes place pursuant to an 
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adjudication of
delinquency for any such offense.

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(Source: P.A. 91-693, eff. 4-13-00; 92-412, eff. 1-1-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.