97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3299

 

Introduced 2/24/2011, by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/3  from Ch. 38, par. 1403

    Amends the Rights of Crime Victims and Witnesses Act. Changes the definition of "violent crime" to include certain motor vehicle violations. Deletes from the definition of "sentencing hearing" cases in which both parties have agreed to the imposition of a specified sentence.


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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 3 as follows:
 
6    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7    Sec. 3. The terms used in this Act, unless the context
8clearly requires otherwise, shall have the following meanings:
9    (a) "Crime victim" and "victim" mean (1) a person
10physically injured in this State as a result of a violent crime
11perpetrated or attempted against that person or (2) a person
12who suffers injury to or loss of property as a result of a
13violent crime perpetrated or attempted against that person or
14(3) a single representative who may be the spouse, parent,
15child or sibling of a person killed as a result of a violent
16crime perpetrated against the person killed or the spouse,
17parent, child or sibling of any person granted rights under
18this Act who is physically or mentally incapable of exercising
19such rights, except where the spouse, parent, child or sibling
20is also the defendant or prisoner or (4) any person against
21whom a violent crime has been committed or (5) any person who
22has suffered personal injury as a result of a violation of
23Section 11-501 of the Illinois Vehicle Code, or of a similar

 

 

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1provision of a local ordinance, or of Section 9-3 of the
2Criminal Code of 1961, as amended or (6) in proceedings under
3the Juvenile Court Act of 1987, both parents, legal guardians,
4foster parents, or a single adult representative of a minor or
5disabled person who is a crime victim.
6    (b) "Witness" means any person who personally observed the
7commission of a violent crime and who will testify on behalf of
8the State of Illinois in the criminal prosecution of the
9violent crime.
10    (c) "Violent Crime" means any felony in which force or
11threat of force was used against the victim, or any offense
12involving sexual exploitation, sexual conduct or sexual
13penetration, or a violation of Section 11-20.1 or 11-20.3 of
14the Criminal Code of 1961, domestic battery, violation of an
15order of protection, stalking, or any misdemeanor which results
16in death or great bodily harm to the victim or any violation of
17Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
18the Illinois Vehicle Code, or a similar provision of a local
19ordinance, if the violation resulted in personal injury or
20death, or a violation of any statute, ordinance, or regulation
21relating to the operation or use of motor vehicles, the use of
22streets and highways by pedestrians or the operation of any
23other wheeled or tracked vehicle, except parking violations, if
24the violation resulted in personal injury or death, and
25includes any action committed by a juvenile that would be a
26violent crime if committed by an adult. For the purposes of

 

 

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1this paragraph, "personal injury" shall include any Type A
2injury as indicated on the traffic accident report completed by
3a law enforcement officer that requires immediate professional
4attention in either a doctor's office or medical facility. A
5type A injury shall include severely bleeding wounds, distorted
6extremities, and injuries that require the injured party to be
7carried from the scene.
8    (d) "Sentencing Hearing" means any hearing where a sentence
9is imposed by the court on a convicted defendant and includes
10hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
11and 5-7-7 of the Unified Code of Corrections except those cases
12in which both parties have agreed to the imposition of a
13specific sentence.
14    (e) "Court proceedings" includes the preliminary hearing,
15any hearing the effect of which may be the release of the
16defendant from custody or to alter the conditions of bond, the
17trial, sentencing hearing, notice of appeal, any modification
18of sentence, probation revocation hearings or parole hearings.
19    (f) "Concerned citizen" includes relatives of the victim,
20friends of the victim, witnesses to the crime, or any other
21person associated with the victim or prisoner.
22(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
2396-292, eff. 1-1-10; 96-875, eff. 1-22-10.)