Illinois General Assembly - Full Text of HB3584
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3584  103rd General Assembly




HB3584 EngrossedLRB103 29193 RLC 55580 b

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
5is amended 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 following rights:
9        (1) The right to be treated with fairness and respect
10    for their dignity and privacy and to be free from
11    harassment, intimidation, and abuse throughout the
12    criminal justice process.
13        (1.5) The right to notice and to a hearing before a
14    court ruling on a request for access to any of the victim's
15    records, information, or communications which are
16    privileged or confidential by law.
17        (2) The right to timely notification of all court
18    proceedings.
19        (3) The right to communicate with the prosecution.
20        (4) The right to be heard at any post-arraignment
21    court proceeding in which a right of the victim is at issue
22    and any court proceeding involving a post-arraignment
23    release decision, plea, or sentencing.



HB3584 Engrossed- 2 -LRB103 29193 RLC 55580 b

1        (5) The right to be notified of the conviction, the
2    sentence, the imprisonment and the release of the accused.
3        (6) The right to the timely disposition of the case
4    following the arrest of the accused.
5        (7) The right to be reasonably protected from the
6    accused through the criminal justice process.
7        (7.5) The right to have the safety of the victim and
8    the victim's family considered in determining whether to
9    release the defendant and setting conditions of release
10    after arrest and conviction.
11        (8) The right to be present at the trial and all other
12    court proceedings on the same basis as the accused, unless
13    the victim is to testify and the court determines that the
14    victim's testimony would be materially affected if the
15    victim hears other testimony at the trial.
16        (9) The right to have present at all court
17    proceedings, including proceedings under the Juvenile
18    Court Act of 1987, subject to the rules of evidence, an
19    advocate and other support person of the victim's choice.
20        (10) The right to restitution.
21    (b) Any law enforcement agency that investigates an
22offense committed in this State shall provide a crime victim
23with a written statement and explanation of the rights of
24crime victims under this amendatory Act of the 99th General
25Assembly within 48 hours of law enforcement's initial contact
26with a victim. The statement shall include information about



HB3584 Engrossed- 3 -LRB103 29193 RLC 55580 b

1crime victim compensation, including how to contact the Office
2of the Illinois Attorney General to file a claim, and
3appropriate referrals to local and State programs that provide
4victim services. The content of the statement shall be
5provided to law enforcement by the Attorney General. Law
6enforcement shall also provide a crime victim with a sign-off
7sheet that the victim shall sign and date as an
8acknowledgement that he or she has been furnished with
9information and an explanation of the rights of crime victims
10and compensation set forth in this Act, including the ability
11to file a complaint against an individual who is licensed by
12the Illinois Department of Financial and Professional
14    (b-5) Upon the request of the victim, the law enforcement
15agency having jurisdiction shall provide a free copy of the
16police report concerning the victim's incident, as soon as
17practicable, but in no event later than 5 business days from
18the request.
19    (c) The Clerk of the Circuit Court shall post the rights of
20crime victims set forth in Article I, Section 8.1(a) of the
21Illinois Constitution and subsection (a) of this Section
22within 3 feet of the door to any courtroom where criminal
23proceedings are conducted. The clerk may also post the rights
24in other locations in the courthouse.
25    (d) At any point, the victim has the right to retain a
26victim's attorney who may be present during all stages of any



HB3584 Engrossed- 4 -LRB103 29193 RLC 55580 b

1interview, investigation, or other interaction with
2representatives of the criminal justice system. Treatment of
3the victim should not be affected or altered in any way as a
4result of the victim's decision to exercise this right.
5(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)