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1 | AN ACT concerning criminal law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Rights of Crime Victims and Witnesses Act | ||||||
5 | is amended by changing Sections 3 and 4 as follows: | ||||||
6 | (725 ILCS 120/3) (from Ch. 38, par. 1403) | ||||||
7 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
8 | Sec. 3. The terms used in this Act shall have the following | ||||||
9 | meanings: | ||||||
10 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
11 | person determined by the prosecutor or the court to have | ||||||
12 | suffered direct physical or psychological harm as a result of | ||||||
13 | a violent crime perpetrated or attempted against that person | ||||||
14 | or direct physical or psychological harm as a result of (i) a | ||||||
15 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
16 | similar provision of a local ordinance or (ii) a violation of | ||||||
17 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
18 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
19 | years of age or an adult victim who is incompetent or | ||||||
20 | incapacitated, both parents, legal guardians, foster parents, | ||||||
21 | or a single adult representative; (3) in the case of an adult | ||||||
22 | deceased victim, 2 representatives who may be the spouse, | ||||||
23 | parent, child or sibling of the victim, or the representative |
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1 | of the victim's estate; and (4) an immediate family member of a | ||||||
2 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
3 | victim. If the victim is 18 years of age or over, the victim | ||||||
4 | may choose any person to be the victim's representative. In no | ||||||
5 | event shall the defendant or any person who aided and abetted | ||||||
6 | in the commission of the crime be considered a victim, a crime | ||||||
7 | victim, or a representative of the victim. | ||||||
8 | A board, agency, or other governmental entity making | ||||||
9 | decisions regarding an offender's release, sentence reduction, | ||||||
10 | or clemency can determine additional persons are victims for | ||||||
11 | the purpose of its proceedings. | ||||||
12 | (a-3) "Advocate" means a person whose communications with | ||||||
13 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
14 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
15 | Domestic Violence Act of 1986. | ||||||
16 | (a-5) "Confer" means to consult together, share | ||||||
17 | information, compare opinions and carry on a discussion or | ||||||
18 | deliberation. | ||||||
19 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
20 | imposition of sentence, a request for a reduction in sentence, | ||||||
21 | parole, mandatory supervised release, aftercare release, early | ||||||
22 | release, inpatient treatment, outpatient treatment, | ||||||
23 | conditional release after a finding that the defendant is not | ||||||
24 | guilty by reason of insanity, clemency, or a proposal that | ||||||
25 | would reduce the defendant's sentence or result in the | ||||||
26 | defendant's release. "Early release" refers to a discretionary |
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1 | release. | ||||||
2 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
3 | imposition of sentence and a request for a reduction in | ||||||
4 | sentence, parole, mandatory supervised release, aftercare | ||||||
5 | release, early release, consideration of inpatient treatment | ||||||
6 | or outpatient treatment, or conditional release after a | ||||||
7 | finding that the defendant is not guilty by reason of | ||||||
8 | insanity. | ||||||
9 | (a-10) "Status hearing" means a hearing designed to | ||||||
10 | provide information to the court, at which no motion of a | ||||||
11 | substantive nature and no constitutional or statutory right of | ||||||
12 | a crime victim is implicated or at issue. | ||||||
13 | (b) "Witness" means: any person who personally observed | ||||||
14 | the commission of a crime and who will testify on behalf of the | ||||||
15 | State of Illinois; or a person who will be called by the | ||||||
16 | prosecution to give testimony establishing a necessary nexus | ||||||
17 | between the offender and the violent crime. | ||||||
18 | (c) "Violent crime" means: (1) any felony in which force | ||||||
19 | or threat of force was used against the victim; (2) any offense | ||||||
20 | involving sexual exploitation, sexual conduct, or sexual | ||||||
21 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
22 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
24 | violation of an order of protection, a civil no contact order, | ||||||
25 | or a stalking no contact order; (6) any misdemeanor which | ||||||
26 | results in death or great bodily harm to the victim; or (7) any |
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1 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
3 | Vehicle Code, or a similar provision of a local ordinance, if | ||||||
4 | the violation resulted in personal injury or death. "Violent | ||||||
5 | crime" includes any action committed by a juvenile that would | ||||||
6 | be a violent crime if committed by an adult. For the purposes | ||||||
7 | of this paragraph, "personal injury" shall include any Type A | ||||||
8 | injury as indicated on the traffic accident report completed | ||||||
9 | by a law enforcement officer that requires immediate | ||||||
10 | professional attention in either a doctor's office or medical | ||||||
11 | facility. A type A injury shall include severely bleeding | ||||||
12 | wounds, distorted extremities, and injuries that require the | ||||||
13 | injured party to be carried from the scene. | ||||||
14 | (d) (Blank). | ||||||
15 | (e) "Court proceedings" includes, but is not limited to, | ||||||
16 | the preliminary hearing, any post-arraignment hearing the | ||||||
17 | effect of which may be the release of the defendant from | ||||||
18 | custody or to alter the conditions of bond, change of plea | ||||||
19 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
20 | sentencing, any oral argument or hearing before an Illinois | ||||||
21 | appellate court, any hearing under the Mental Health and | ||||||
22 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
23 | Unified Code of Corrections after a finding that the defendant | ||||||
24 | is not guilty by reason of insanity, including a hearing for | ||||||
25 | conditional release, any hearing related to a modification of | ||||||
26 | sentence, probation revocation hearing, aftercare release or |
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1 | parole hearings, post-conviction relief proceedings, habeas | ||||||
2 | corpus proceedings and clemency proceedings related to the | ||||||
3 | defendant's conviction or sentence. For purposes of the | ||||||
4 | victim's right to be present, "court proceedings" does not | ||||||
5 | include (1) hearings under Section 109-1 of the Code of | ||||||
6 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
7 | status hearings, or (4) the issuance of an order or decision of | ||||||
8 | an Illinois court that dismisses a charge, reverses a | ||||||
9 | conviction, reduces a sentence, or releases an offender under | ||||||
10 | a court rule. | ||||||
11 | (f) "Concerned citizen" includes relatives of the victim, | ||||||
12 | friends of the victim, witnesses to the crime, or any other | ||||||
13 | person associated with the victim or prisoner. | ||||||
14 | (g) "Victim's attorney" means an attorney retained by the | ||||||
15 | victim for the purposes of asserting the victim's | ||||||
16 | constitutional and statutory rights. An attorney retained by | ||||||
17 | the victim means an attorney who is hired to represent the | ||||||
18 | victim at the victim's expense or an attorney who has agreed to | ||||||
19 | provide pro bono representation. Nothing in this statute | ||||||
20 | creates a right to counsel at public expense for a victim. | ||||||
21 | (h) "Support person" means a person chosen by a victim to | ||||||
22 | be present at court proceedings. | ||||||
23 | (Source: P.A. 102-1104, eff. 1-1-23.) | ||||||
24 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
25 | Sec. 3. The terms used in this Act shall have the following |
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1 | meanings: | ||||||
2 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
3 | person determined by the prosecutor or the court to have | ||||||
4 | suffered direct physical or psychological harm as a result of | ||||||
5 | a violent crime perpetrated or attempted against that person | ||||||
6 | or direct physical or psychological harm as a result of (i) a | ||||||
7 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
8 | similar provision of a local ordinance or (ii) a violation of | ||||||
9 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
11 | years of age or an adult victim who is incompetent or | ||||||
12 | incapacitated, both parents, legal guardians, foster parents, | ||||||
13 | or a single adult representative; (3) in the case of an adult | ||||||
14 | deceased victim, 2 representatives who may be the spouse, | ||||||
15 | parent, child or sibling of the victim, or the representative | ||||||
16 | of the victim's estate; and (4) an immediate family member of a | ||||||
17 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
18 | victim. If the victim is 18 years of age or over, the victim | ||||||
19 | may choose any person to be the victim's representative. In no | ||||||
20 | event shall the defendant or any person who aided and abetted | ||||||
21 | in the commission of the crime be considered a victim, a crime | ||||||
22 | victim, or a representative of the victim. | ||||||
23 | A board, agency, or other governmental entity making | ||||||
24 | decisions regarding an offender's release, sentence reduction, | ||||||
25 | or clemency can determine additional persons are victims for | ||||||
26 | the purpose of its proceedings. |
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1 | (a-3) "Advocate" means a person whose communications with | ||||||
2 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
3 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
4 | Domestic Violence Act of 1986. | ||||||
5 | (a-5) "Confer" means to consult together, share | ||||||
6 | information, compare opinions and carry on a discussion or | ||||||
7 | deliberation. | ||||||
8 | (a-6) "DNA database" means a collection of DNA profiles | ||||||
9 | from forensic casework or specimens from anonymous, | ||||||
10 | identified, and unidentified sources that is created to search | ||||||
11 | DNA records against each other to develop investigative leads | ||||||
12 | among forensic cases. | ||||||
13 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
14 | imposition of sentence, a request for a reduction in sentence, | ||||||
15 | parole, mandatory supervised release, aftercare release, early | ||||||
16 | release, inpatient treatment, outpatient treatment, | ||||||
17 | conditional release after a finding that the defendant is not | ||||||
18 | guilty by reason of insanity, clemency, or a proposal that | ||||||
19 | would reduce the defendant's sentence or result in the | ||||||
20 | defendant's release. "Early release" refers to a discretionary | ||||||
21 | release. | ||||||
22 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
23 | imposition of sentence and a request for a reduction in | ||||||
24 | sentence, parole, mandatory supervised release, aftercare | ||||||
25 | release, early release, consideration of inpatient treatment | ||||||
26 | or outpatient treatment, or conditional release after a |
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1 | finding that the defendant is not guilty by reason of | ||||||
2 | insanity. | ||||||
3 | (a-10) "Status hearing" means a hearing designed to | ||||||
4 | provide information to the court, at which no motion of a | ||||||
5 | substantive nature and no constitutional or statutory right of | ||||||
6 | a crime victim is implicated or at issue. | ||||||
7 | (b) "Witness" means: any person who personally observed | ||||||
8 | the commission of a crime and who will testify on behalf of the | ||||||
9 | State of Illinois; or a person who will be called by the | ||||||
10 | prosecution to give testimony establishing a necessary nexus | ||||||
11 | between the offender and the violent crime. | ||||||
12 | (c) "Violent crime" means: (1) any felony in which force | ||||||
13 | or threat of force was used against the victim; (2) any offense | ||||||
14 | involving sexual exploitation, sexual conduct, or sexual | ||||||
15 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
16 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
18 | violation of an order of protection, a civil no contact order, | ||||||
19 | or a stalking no contact order; (6) any misdemeanor which | ||||||
20 | results in death or great bodily harm to the victim; or (7) any | ||||||
21 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
23 | Vehicle Code, or a similar provision of a local ordinance, if | ||||||
24 | the violation resulted in personal injury or death. "Violent | ||||||
25 | crime" includes any action committed by a juvenile that would | ||||||
26 | be a violent crime if committed by an adult. For the purposes |
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1 | of this paragraph, "personal injury" shall include any Type A | ||||||
2 | injury as indicated on the traffic crash report completed by a | ||||||
3 | law enforcement officer that requires immediate professional | ||||||
4 | attention in either a doctor's office or medical facility. A | ||||||
5 | type A injury shall include severely bleeding wounds, | ||||||
6 | distorted extremities, and injuries that require the injured | ||||||
7 | party to be carried from the scene. | ||||||
8 | (d) (Blank). | ||||||
9 | (e) "Court proceedings" includes, but is not limited to, | ||||||
10 | the preliminary hearing, any post-arraignment hearing the | ||||||
11 | effect of which may be the release of the defendant from | ||||||
12 | custody or to alter the conditions of bond, change of plea | ||||||
13 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
14 | sentencing, any oral argument or hearing before an Illinois | ||||||
15 | appellate court, any hearing under the Mental Health and | ||||||
16 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
17 | Unified Code of Corrections after a finding that the defendant | ||||||
18 | is not guilty by reason of insanity, including a hearing for | ||||||
19 | conditional release, any hearing related to a modification of | ||||||
20 | sentence, probation revocation hearing, aftercare release or | ||||||
21 | parole hearings, post-conviction relief proceedings, habeas | ||||||
22 | corpus proceedings and clemency proceedings related to the | ||||||
23 | defendant's conviction or sentence. For purposes of the | ||||||
24 | victim's right to be present, "court proceedings" does not | ||||||
25 | include (1) grand jury proceedings, (2) status hearings, or | ||||||
26 | (3) the issuance of an order or decision of an Illinois court |
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1 | that dismisses a charge, reverses a conviction, reduces a | ||||||
2 | sentence, or releases an offender under a court rule. | ||||||
3 | (f) "Concerned citizen" includes relatives of the victim, | ||||||
4 | friends of the victim, witnesses to the crime, or any other | ||||||
5 | person associated with the victim or prisoner. | ||||||
6 | (g) "Victim's attorney" means an attorney retained by the | ||||||
7 | victim for the purposes of asserting the victim's | ||||||
8 | constitutional and statutory rights. An attorney retained by | ||||||
9 | the victim means an attorney who is hired to represent the | ||||||
10 | victim at the victim's expense or an attorney who has agreed to | ||||||
11 | provide pro bono representation. Nothing in this statute | ||||||
12 | creates a right to counsel at public expense for a victim. | ||||||
13 | (h) "Support person" means a person chosen by a victim to | ||||||
14 | be present at court proceedings. | ||||||
15 | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.) | ||||||
16 | (725 ILCS 120/4) (from Ch. 38, par. 1404) | ||||||
17 | Sec. 4. Rights of crime victims. | ||||||
18 | (a) Crime victims shall have the following rights: | ||||||
19 | (1) The right to be treated with fairness and respect | ||||||
20 | for their dignity and privacy and to be free from | ||||||
21 | harassment, intimidation, and abuse throughout the | ||||||
22 | criminal justice process. | ||||||
23 | (1.5) The right to notice and to a hearing before a | ||||||
24 | court ruling on a request for access to any of the victim's | ||||||
25 | records, information, or communications which are |
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1 | privileged or confidential by law. | ||||||
2 | (1.6) Except as otherwise provided in Section 9.5 of | ||||||
3 | the Criminal Identification Act or Section 3-3013 of the | ||||||
4 | Counties Code, whenever a person's DNA profile is | ||||||
5 | collected due to the person being a victim of a crime, as | ||||||
6 | identified by law enforcement, that specific profile | ||||||
7 | collected in conjunction with that criminal investigation | ||||||
8 | shall not be entered into any DNA database. Nothing in | ||||||
9 | this paragraph (1.6) shall be interpreted to contradict | ||||||
10 | rules and regulations developed by the Federal Bureau of | ||||||
11 | Investigation relating to the National DNA Index System or | ||||||
12 | Combined DNA Index System. | ||||||
13 | (2) The right to timely notification of all court | ||||||
14 | proceedings. | ||||||
15 | (3) The right to communicate with the prosecution. | ||||||
16 | (4) The right to be heard at any post-arraignment | ||||||
17 | court proceeding in which a right of the victim is at issue | ||||||
18 | and any court proceeding involving a post-arraignment | ||||||
19 | release decision, plea, or sentencing. | ||||||
20 | (5) The right to be notified of the conviction, the | ||||||
21 | sentence, the imprisonment and the release of the accused. | ||||||
22 | (6) The right to the timely disposition of the case | ||||||
23 | following the arrest of the accused. | ||||||
24 | (7) The right to be reasonably protected from the | ||||||
25 | accused through the criminal justice process. | ||||||
26 | (7.5) The right to have the safety of the victim and |
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1 | the victim's family considered in determining whether to | ||||||
2 | release the defendant and setting conditions of release | ||||||
3 | after arrest and conviction. | ||||||
4 | (8) The right to be present at the trial and all other | ||||||
5 | court proceedings on the same basis as the accused, unless | ||||||
6 | the victim is to testify and the court determines that the | ||||||
7 | victim's testimony would be materially affected if the | ||||||
8 | victim hears other testimony at the trial. | ||||||
9 | (9) The right to have present at all court | ||||||
10 | proceedings, including proceedings under the Juvenile | ||||||
11 | Court Act of 1987, subject to the rules of evidence, an | ||||||
12 | advocate and other support person of the victim's choice. | ||||||
13 | (10) The right to restitution. | ||||||
14 | (b) Any law enforcement agency that investigates an | ||||||
15 | offense committed in this State shall provide a crime victim | ||||||
16 | with a written statement and explanation of the rights of | ||||||
17 | crime victims under this amendatory Act of the 99th General | ||||||
18 | Assembly within 48 hours of law enforcement's initial contact | ||||||
19 | with a victim. The statement shall include information about | ||||||
20 | crime victim compensation, including how to contact the Office | ||||||
21 | of the Illinois Attorney General to file a claim, and | ||||||
22 | appropriate referrals to local and State programs that provide | ||||||
23 | victim services. The content of the statement shall be | ||||||
24 | provided to law enforcement by the Attorney General. Law | ||||||
25 | enforcement shall also provide a crime victim with a sign-off | ||||||
26 | sheet that the victim shall sign and date as an |
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1 | acknowledgement that he or she has been furnished with | ||||||
2 | information and an explanation of the rights of crime victims | ||||||
3 | and compensation set forth in this Act. | ||||||
4 | (b-5) Upon the request of the victim, the law enforcement | ||||||
5 | agency having jurisdiction shall provide a free copy of the | ||||||
6 | police report concerning the victim's incident, as soon as | ||||||
7 | practicable, but in no event later than 5 business days from | ||||||
8 | the request. | ||||||
9 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
10 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
11 | Illinois Constitution and subsection (a) of this Section | ||||||
12 | within 3 feet of the door to any courtroom where criminal | ||||||
13 | proceedings are conducted. The clerk may also post the rights | ||||||
14 | in other locations in the courthouse. | ||||||
15 | (d) At any point, the victim has the right to retain a | ||||||
16 | victim's attorney who may be present during all stages of any | ||||||
17 | interview, investigation, or other interaction with | ||||||
18 | representatives of the criminal justice system. Treatment of | ||||||
19 | the victim should not be affected or altered in any way as a | ||||||
20 | result of the victim's decision to exercise this right. | ||||||
21 | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23 .) | ||||||
22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text | ||||||
24 | that is not yet or no longer in effect (for example, a Section | ||||||
25 | represented by multiple versions), the use of that text does |
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1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act. |