Rep. Tom Weber
Filed: 3/17/2023
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| 1 | AMENDMENT TO HOUSE BILL 3584
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| 2 | AMENDMENT NO. ______. Amend House Bill 3584, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Rights of Crime Victims and Witnesses Act | ||||||
| 6 | is amended by changing Section 4 as follows:
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| 7 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
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| 8 | Sec. 4. Rights of crime victims.
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| 9 | (a) Crime victims shall have the following rights:
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| 10 | (1) The right to be treated with fairness and respect | ||||||
| 11 | for their dignity
and privacy and to be free from | ||||||
| 12 | harassment, intimidation, and abuse throughout the | ||||||
| 13 | criminal justice process.
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| 14 | (1.5) The right to notice and to a hearing before a | ||||||
| 15 | court ruling on a request for access to any of the victim's | ||||||
| 16 | records, information, or communications which are | ||||||
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| 1 | privileged or confidential by law. | ||||||
| 2 | (2) The right to timely notification of all court | ||||||
| 3 | proceedings.
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| 4 | (3) The right to communicate with the prosecution.
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| 5 | (4) The right to be heard at any post-arraignment | ||||||
| 6 | court proceeding in which a right of the victim is at issue | ||||||
| 7 | and any court proceeding involving a post-arraignment | ||||||
| 8 | release decision, plea, or sentencing.
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| 9 | (5) The right to be notified of the conviction, the | ||||||
| 10 | sentence, the imprisonment
and the release of the accused.
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| 11 | (6) The right to the timely disposition of the case | ||||||
| 12 | following the arrest
of the accused.
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| 13 | (7) The right to be reasonably protected from the | ||||||
| 14 | accused through the
criminal justice process.
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| 15 | (7.5) The right to have the safety of the victim and | ||||||
| 16 | the victim's family considered in determining whether to | ||||||
| 17 | release the defendant and setting conditions of release | ||||||
| 18 | after arrest and conviction. | ||||||
| 19 | (8) The right to be present at the trial and all other | ||||||
| 20 | court proceedings
on the same basis as the accused, unless | ||||||
| 21 | the victim is to testify and the court
determines that the | ||||||
| 22 | victim's testimony would be materially affected if the
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| 23 | victim hears other testimony at the trial.
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| 24 | (9) The right to have present at all court | ||||||
| 25 | proceedings, including proceedings under the Juvenile | ||||||
| 26 | Court Act of 1987, subject to the
rules of evidence, an | ||||||
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| 1 | advocate and other support person of the victim's choice.
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| 2 | (10) The right to restitution.
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| 3 | (b) Any law enforcement agency that investigates an | ||||||
| 4 | offense committed in this State shall provide a crime victim | ||||||
| 5 | with a written statement and explanation of the rights of | ||||||
| 6 | crime victims under this amendatory Act of the 99th General | ||||||
| 7 | Assembly within 48 hours of law enforcement's initial contact | ||||||
| 8 | with a victim. The statement shall include information about | ||||||
| 9 | crime victim compensation, including how to contact the Office | ||||||
| 10 | of the Illinois Attorney General to file a claim, and | ||||||
| 11 | appropriate referrals to local and State programs that provide | ||||||
| 12 | victim services. The content of the statement shall be | ||||||
| 13 | provided to law enforcement by the Attorney General. Law | ||||||
| 14 | enforcement shall also provide a crime victim with a sign-off | ||||||
| 15 | sheet that the victim shall sign and date as an | ||||||
| 16 | acknowledgement that he or she has been furnished with | ||||||
| 17 | information and an explanation of the rights of crime victims | ||||||
| 18 | and compensation set forth in this Act, including the ability | ||||||
| 19 | to file a complaint against an individual who is licensed by | ||||||
| 20 | the Illinois Department of Financial and Professional | ||||||
| 21 | Regulation. | ||||||
| 22 | (b-5) Upon the request of the victim, the law enforcement | ||||||
| 23 | agency having jurisdiction shall provide a free copy of the | ||||||
| 24 | police report concerning the victim's incident, as soon as | ||||||
| 25 | practicable, but in no event later than 5 business days from | ||||||
| 26 | the request. | ||||||
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| 1 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
| 2 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
| 3 | Illinois Constitution and subsection (a) of this Section | ||||||
| 4 | within 3 feet of the door to any courtroom where criminal | ||||||
| 5 | proceedings are conducted. The clerk may also post the rights | ||||||
| 6 | in other locations in the courthouse. | ||||||
| 7 | (d) At any point, the victim has the right to retain a | ||||||
| 8 | victim's attorney who may be present during all stages of any | ||||||
| 9 | interview, investigation, or other interaction with | ||||||
| 10 | representatives of the criminal justice system. Treatment of | ||||||
| 11 | the victim should not be affected or altered in any way as a | ||||||
| 12 | result of the victim's decision to exercise this right.
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| 13 | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)".
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