Illinois General Assembly - Bill Status for HJRCA0019

Proposes to amend the Bill of Rights Article of the Illinois Constitution relating to crime victim rights. Proposes that victims' rights apply in juvenile delinquency proceedings and post-judgment proceedings. Proposes that a crime victim has the right to: (1) have the defendant, any person acting on the defendant's behalf, and the attorney of record prevented from obtaining confidential information or records that could be used to locate or harass the victim or victim's family, that disclose confidential communications made in the course of medical or counseling treatment, or that are otherwise privileged or confidential by law; (2) be heard in person or in any other manner the victim chooses, upon request, at any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue; (3) receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law; (4) be present, upon request, at all post-judgment proceedings; and (5) have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made. Proposes to define "crime victim". Effective upon being declared adopted.

Replaces the substance of the proposed Constitutional Amendment. 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.

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