Bill Status of SB 42   96th General Assembly


Short Description:  CRIME VICTIM-IMPACT STATEMENT

Senate Sponsors
Sen. John J. Millner, Antonio Muņoz-Dan Kotowski-Jacqueline Y. Collins and Martin A. Sandoval

House Sponsors
(Rep. Randy Ramey, Jr.-Susana A. Mendoza and Careen M. Gordon)


Last Action  View All Actions

DateChamber Action
  8/4/2009SenatePublic Act . . . . . . . . . 96-0117

Statutes Amended In Order of Appearance
405 ILCS 5/3-800from Ch. 91 1/2, par. 3-800
725 ILCS 120/6from Ch. 38, par. 1406

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Code and the Rights of Crime Victims and Witnesses Act. Provides that if a criminal defendant has been found not guilty by reason of insanity of a violent crime and a hearing has been ordered by the court under the Mental Health and Developmental Disabilities Code to determine if the defendant is: (1) in need of mental health services on an inpatient basis; (2) in need of mental health services on an outpatient basis; or (3) not in need of mental health services, the victim or the victim's spouse, guardian, parent, grandparent, or other immediate family or household member shall have the right to present a victim's impact statement at the commitment hearing.

Senate Floor Amendment No. 1
Adds reference to:
405 ILCS 5/3-800from Ch. 91 1/2, par. 3-800
725 ILCS 120/6from Ch. 38, par. 1406

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code and the Rights of Crime Victims and Witnesses Act. Reinserts the provisions of the bill. Provides that the victim impact statements are applicable at the initial commitment hearing after the defendant has been found not guilty by reason of insanity for a violent crime. Provides that the court may only consider the impact statement along with all other appropriate factors in determining the: (1) threat of serious physical harm poised by the respondent to himself or herself, or to another person; (2) location of inpatient or outpatient mental health services ordered by the court, but only after complying with all other applicable administrative requirements, rules, and statutory requirements; (3) maximum period of commitment for inpatient mental health services; and (4) conditions of release for outpatient mental health services ordered by the court.

Actions 
DateChamber Action
  1/30/2009SenateFiled with Secretary by Sen. John J. Millner
  1/30/2009SenateFirst Reading
  1/30/2009SenateReferred to Assignments
  2/4/2009SenateAssigned to Criminal Law
  2/11/2009SenateTo Criminal Law Subcommittee on Constitutional Review
  2/19/2009SenatePostponed - Criminal Law; Subcommittee on Constitutional Review
  2/26/2009SenateDo Pass Criminal Law; 009-000-000
  2/26/2009SenatePlaced on Calendar Order of 2nd Reading February 27, 2009
  2/26/2009SenateAdded as Co-Sponsor Sen. Antonio Muņoz
  2/27/2009SenateAdded as Chief Co-Sponsor Sen. Dan Kotowski
  3/17/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Millner
  3/17/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/18/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  3/19/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-000-000
  3/24/2009SenateSecond Reading
  3/24/2009SenateSenate Floor Amendment No. 1 Adopted; Millner
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  3/25/2009SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/25/2009SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  3/25/2009SenateThird Reading - Passed; 059-000-000
  3/25/2009HouseArrived in House
  3/25/2009HousePlaced on Calendar Order of First Reading
  3/25/2009HouseChief House Sponsor Rep. Randy Ramey, Jr.
  3/25/2009HouseFirst Reading
  3/25/2009HouseReferred to Rules Committee
  4/14/2009HouseAssigned to Judiciary II - Criminal Law Committee
  4/23/2009HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  4/23/2009HousePlaced on Calendar 2nd Reading - Short Debate
  4/28/2009HouseAdded Alternate Chief Co-Sponsor Rep. Susana A. Mendoza
  4/30/2009HouseSecond Reading - Short Debate
  4/30/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/7/2009HouseThird Reading - Short Debate - Passed 116-000-000
  5/7/2009SenatePassed Both Houses
  5/7/2009HouseAdded Alternate Co-Sponsor Rep. Careen M. Gordon
  6/5/2009SenateSent to the Governor
  8/4/2009SenateGovernor Approved
  8/4/2009SenateEffective Date January 1, 2010
  8/4/2009SenatePublic Act . . . . . . . . . 96-0117

Back To Top