HC0003 97TH GENERAL ASSEMBLY

LRB097 03076 RLC 43109 e

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0003

Introduced 1/12/2011, by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:

ILCON Art. 1, Sec. 8.1

Proposes to amend the Bill of Rights Article of the Illinois Constitution relating to crime victim rights. Provides that a crime victim shall have the right to: (1) notice and to a hearing before a court ruling on an accused's request for access to any of the victim's records, information, or communications which are privileged or confidential by law; (2) be heard in person or in any other reasonable manner convenient to the victim at any proceeding in which a right of the victim is at issue; (3) be heard in person or in any other reasonable manner convenient to the victim at any plea, sentencing, reduction or change in sentence, or other proceeding in which a right of the victim is at issue; (4) timely disposition of the case following the arrest of the accused, including related post-conviction and post-judgment proceedings; (5) be heard in person or in any other reasonable manner convenient to the victim at any proceeding in which a right of the victim is at issue; (6) have the safety of the victim and the victim's family considered in denying or fixing the amount of bail and release conditions for the accused and in deciding any parole or post-judgment release decision; and (7) be informed of the conviction, the sentence, any post-judgment decision, any reduction of the sentence, the imprisonment, and the release of the accused. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 8.1 of Article I of the Illinois Constitution as follows:

ARTICLE I

BILL OF RIGHTS

(ILCON Art. 1, Sec. 8.1)

SECTION 8.1. CRIME VICTIM'S RIGHTS.

(a) To preserve and protect a victim's right to justice and due process, a crime victim Crime victims, as defined by law, shall have the following rights as provided by law:

(1) The right to be treated with fairness and respect for the victim's their dignity and privacy throughout the criminal justice process.

(2) The right to timely notification of court proceedings and any related post-judgment proceedings.

(3) The right to notice and to a hearing before a court ruling on an accused's request for access to any of the victim's records, information, or communications which are privileged or confidential by law.

(4) (3) The right to communicate with the prosecution.

(5) (4) The right to be heard in person or in any other reasonable manner convenient to the victim at any plea, sentencing, reduction or change in sentence, or other proceeding in which a right of the victim is at issue make a statement to the court at sentencing.

(6) (5) The right to review any written description of the offense prepared for sentencing, reduction in sentence, parole, early release or clemency and the accused's prior criminal history information about the conviction, sentence, imprisonment, and release of the accused.

(7) The right to be informed of the conviction, the sentence, any post-judgment decision, any reduction of the sentence, the imprisonment, and the release of the accused.

(8) (6) The right to timely disposition of the case following the arrest of the accused, including related post-conviction and post-judgment proceedings.

(9) (7) The right to be reasonably protected from the accused throughout the criminal justice process.

(10) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail and release conditions for the accused and in deciding any parole or post-judgment release decision.

(11) (8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

(12) (9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate, a victim-witness specialist, or other support person of the victim's choice.

(13) (10) The right to restitution.

(b) Definition. For the purposes of this Section, the term "crime victim" means a person directly and proximately harmed as a result of the commission of a criminal offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court may assume the crime victim's rights under this Section, but in no event shall the accused be named as such guardian or representative.

(c) A victim, a lawful representative of the victim including the victim's lawyer, or the prosecuting attorney upon request of the victim may assert the rights enumerated in subsection (a) in any circuit or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.

(b) The General Assembly may provide by law for the enforcement of this Section.

(d) (c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights.

(e) (d) Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction. This Section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court or a ground for appellate relief in any criminal case.

(Source: Amendment adopted at general election November 3, 1992.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.