Full Text of HB0893 94th General Assembly
HB0893 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0893
Introduced 2/2/2005, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/6 |
from Ch. 38, par. 1406 |
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Amends the Rights of Crime Victims and Witnesses Act. Provides that if a violent crime has an impact on the community where the incident took place, the State's Attorney for that county may request any one person, association, or other group of persons to prepare a community impact statement in writing in conjunction with the State's Attorney's Office prior to the imposition of the sentence on a defendant or dispositional hearing. Allows only one community impact statement to be admitted in court for consideration at the sentencing or dispositional hearing. Provides that a community impact statement may be presented in addition to a victim impact statement. Defines "community impact statement" and "community".
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A BILL FOR
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HB0893 |
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LRB094 07423 RXD 37585 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Section 6 as follows:
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| (725 ILCS 120/6) (from Ch. 38, par. 1406)
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| Sec. 6. Rights to present victim impact statement.
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| (a) In any case where a defendant has been convicted of a | 9 |
| violent crime or a
juvenile has been adjudicated a delinquent | 10 |
| for a violent crime and a victim of the violent crime or the | 11 |
| victim's spouse,
guardian, parent, grandparent, or other | 12 |
| immediate family or household member is present in
the
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| courtroom at the time of the sentencing or the disposition | 14 |
| hearing,
the victim or his or her representative shall have the | 15 |
| right and the victim's
spouse, guardian, parent, grandparent, | 16 |
| and other immediate
family or household member upon his, her, | 17 |
| or
their request may be permitted by the court to address the
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| court regarding the impact that the defendant's criminal | 19 |
| conduct
or the
juvenile's delinquent conduct has had upon them | 20 |
| and the victim.
The court has discretion to determine the | 21 |
| number of oral presentations of victim impact statements.
Any | 22 |
| impact
statement must have been prepared in writing in | 23 |
| conjunction with the Office
of the State's Attorney prior to | 24 |
| the initial hearing or sentencing, before
it can be presented | 25 |
| orally or in writing at the sentencing hearing. In
conjunction | 26 |
| with the Office of the State's Attorney, a victim impact | 27 |
| statement
that is presented orally may be done so by the victim | 28 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 29 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may | 31 |
| introduce
that evidence either in its
case in chief or in | 32 |
| rebuttal. The court shall
consider any impact statement |
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HB0893 |
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LRB094 07423 RXD 37585 b |
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| admitted
along with
all
other appropriate factors in | 2 |
| determining the sentence of the defendant or
disposition of | 3 |
| such juvenile.
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| (b) The crime victim has the right to prepare a victim | 5 |
| impact statement
and present it to the Office of the State's | 6 |
| Attorney at any time during the
proceedings. Any written victim | 7 |
| impact statement submitted to the Office of the State's | 8 |
| Attorney shall be considered by the court during its | 9 |
| consideration of aggravation and mitigation in plea | 10 |
| proceedings under Supreme Court Rule 402.
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| (c) This Section shall apply to any victims of a violent | 12 |
| crime during any
dispositional hearing under Section 5-705 of | 13 |
| the Juvenile Court
Act of 1987 which takes place pursuant to an | 14 |
| adjudication of
delinquency for any such offense.
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| (d) If a violent crime has an impact on the community where | 16 |
| the incident took place, the State's Attorney for that county | 17 |
| may request any one person, association, or other group of | 18 |
| persons to prepare a community impact statement in writing in | 19 |
| conjunction with the State's Attorney's Office prior to the | 20 |
| imposition of the sentence on a defendant or dispositional | 21 |
| hearing under Section 5-705 of the Juvenile Court Act of 1987. | 22 |
| Only one community impact statement shall be admitted in court | 23 |
| for consideration at the sentencing or dispositional hearing. A | 24 |
| community impact statement may be presented in addition to a | 25 |
| victim impact statement allowed under subsections (a) and (c) | 26 |
| of this Section. For purposes of this subsection (d), | 27 |
| "community impact statement" means a written statement | 28 |
| providing information about the financial, emotional, and | 29 |
| physical effects of a crime on a community; and "community" | 30 |
| means a social or body of people living or working in the same | 31 |
| place or neighborhood sharing common interests arising from | 32 |
| social, business, religious, governmental, scholastic or | 33 |
| recreational association. | 34 |
| (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
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