99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1163

 

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 throughout the criminal
11    justice process.
12        (2) The right to notification of court proceedings.
13        (3) The right to communicate with the prosecution.
14        (4) The right to make a statement to the court at
15    sentencing.
16        (5) The right to information about the conviction,
17    sentence, imprisonment and release of the accused.
18        (6) The right to the timely disposition of the case
19    following the arrest of the accused.
20        (7) The right to be reasonably protected from the
21    accused through the criminal justice process.
22        (8) The right to be present at the trial and all other
23    court proceedings on the same basis as the accused, unless

 

 

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1    the victim is to testify and the court determines that the
2    victim's testimony would be materially affected if the
3    victim hears other testimony at the trial.
4        (9) the right to have present at all court proceedings,
5    including proceedings under the Juvenile Court Act of 1987,
6    subject to the admonition of the rules of confidentiality
7    and subject to the rules of evidence, a victim-witness
8    specialist, an advocate or other support person of the
9    victim's choice.
10        (10) The right to restitution.
11    (b) Any law enforcement agency that investigates an offense
12committed in this State shall provide a crime victim with a
13written statement and explanation of the rights of crime
14victims within 48 hours of law enforcement's initial contact
15with a victim. The statement shall include information about
16crime victim compensation, including how to contact the Office
17of the Illinois Attorney General to file a claim, and
18appropriate referrals to local and State programs that provide
19victim services. The content of the statement shall be provided
20to law enforcement by the Attorney General. Law enforcement
21shall also provide a crime victim with a sign-off sheet that
22the victim shall sign and date as an acknowledgement that he or
23she has been furnished with information and an explanation of
24the rights of crime victims and compensation set forth in this
25Act.
26    (c) The Clerk of the Circuit Court shall post the rights of

 

 

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1crime victims set forth in Article I, Section 8.1(a) of the
2Illinois Constitution and subsection (a) of this Section within
33 feet of the door to any courtroom where criminal proceedings
4are conducted. The clerk may also post the rights in other
5locations in the courthouse.
6    (d) A statement and explanation of the rights of crime
7victims set forth in paragraph (a) of this Section shall be
8given to a crime victim at the initial contact with the
9criminal justice system by the appropriate authorities and
10shall be conspicuously posted in all court facilities.
11(Source: P.A. 97-815, eff. 1-1-13.)