95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1546


 
Introduced 2/22/2007, by Rep. Careen M Gordon
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 115/3
  from Ch. 38, par. 1353







    Amends the Bill of Rights for Children.  Provides that the Act applies in case in which both parties have agreed to the imposition of a specific sentence.  Provides that the Act applies to delinquency proceedings involving a violent crime or a crime causing physical injury.
















LRB095 09569 RLC 29769 b

















 


 


A BILL FOR









 











HB1546

LRB095 09569 RLC 29769 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 Bill of Rights for Children is amended  by 
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changing Section 3 as follows:
 



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    (725 ILCS 115/3)  (from Ch. 38, par. 1353)



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    Sec. 3. Rights to present child impact statement. 

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    (a) In any case where
a defendant has been convicted of a 
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violent crime involving a child or a
juvenile has been 
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adjudicated a delinquent for any offense defined in
Sections 
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12-13 through 12-16 of the Criminal Code of 1961 or a violent 
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crime or a crime causing physical injury
, except those in

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which both parties have agreed to the imposition of a specific 
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sentence, and a parent or legal guardian of the child involved 
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is present in the
courtroom at the time of the sentencing or 
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the disposition hearing, the
parent or legal guardian upon his 
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or her request shall have the right to
address the court 
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regarding the impact which the defendant's criminal
conduct or 
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the juvenile's delinquent conduct has had upon the child.  If

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the parent or legal guardian chooses to exercise this right, 
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the 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 
 


 






HB1546
- 2 -
LRB095 09569 RLC 29769 b




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orally at the sentencing hearing.  The court shall
consider any 
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statements made by the parent or legal guardian, along with
all 
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other appropriate factors in determining the sentence of the 
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defendant
or disposition of 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.

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    (c) This Section shall apply to any child victims of any 
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offense defined
in
Sections 12-13 through 12-16 of the Criminal 
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Code of 1961 or a violent crime or a crime causing physical 
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injury 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. 90-590, eff. 1-1-99.)