SB2735 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2735

 

Introduced 2/15/2008, by Sen. Debbie DeFrancesco Halvorson

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/4   from Ch. 38, par. 1404

    Amends the Rights of Crime Victims and Witnesses Act. Makes a technical change in a Section concerning the rights of crime victims.


LRB095 19897 RLC 46311 b

 

 

A BILL FOR

 

SB2735 LRB095 19897 RLC 46311 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Rights of Crime Victims and Witnesses Act is
5 amended by changing Section 4 as follows:
 
6     (725 ILCS 120/4)  (from Ch. 38, par. 1404)
7     (Text of Section before amendment by P.A. 95-591)
8     Sec. 4. Rights of crime victims.
9     (a) Crime victims shall have the the following rights:
10         (1) The right to be treated with fairness and respect
11     for their dignity and privacy throughout the criminal
12     justice process.
13         (2) The right to notification of court proceedings.
14         (3) The right to communicate with the prosecution.
15         (4) The right to make a statement to the court at
16     sentencing.
17         (5) The right to information about the conviction,
18     sentence, imprisonment and release of the accused.
19         (6) The right to the timely disposition of the case
20     following the arrest of the accused.
21         (7) The right to be reasonably protected from the
22     accused through the criminal justice process.
23         (8) The right to be present at the trial and all other

 

 

SB2735 - 2 - LRB095 19897 RLC 46311 b

1     court proceedings on the same basis as the accused, unless
2     the victim is to testify and the court determines that the
3     victim's testimony would be materially affected if the
4     victim hears other testimony at the trial.
5         (9) the right to have present at all court proceedings,
6     subject to the rules of evidence, an advocate or other
7     support person of the victim's choice.
8         (10) The right to restitution.
9     (b) A statement and explanation of the rights of crime
10 victims set forth in paragraph (a) of this Section shall be
11 given to a crime victim at the initial contact with the
12 criminal justice system by the appropriate authorities and
13 shall be conspicuously posted in all court facilities.
14 (Source: P.A. 87-224; 88-489.)
 
15     (Text of Section after amendment by P.A. 95-591)
16     Sec. 4. Rights of crime victims.
17     (a) Crime victims shall have the the following rights:
18         (1) The right to be treated with fairness and respect
19     for their dignity and privacy throughout the criminal
20     justice process.
21         (2) The right to notification of court proceedings.
22         (3) The right to communicate with the prosecution.
23         (4) The right to make a statement to the court at
24     sentencing.
25         (5) The right to information about the conviction,

 

 

SB2735 - 3 - LRB095 19897 RLC 46311 b

1     sentence, imprisonment and release of the accused.
2         (6) The right to the timely disposition of the case
3     following the arrest of the accused.
4         (7) The right to be reasonably protected from the
5     accused through the criminal justice process.
6         (8) The right to be present at the trial and all other
7     court proceedings on the same basis as the accused, unless
8     the victim is to testify and the court determines that the
9     victim's testimony would be materially affected if the
10     victim hears other testimony at the trial.
11         (9) the right to have present at all court proceedings,
12     including proceedings under the Juvenile Court Act of 1987,
13     subject to the admonition of the rules of confidentiality
14     and subject to the rules of evidence, a victim-witness
15     specialist, an advocate or other support person of the
16     victim's choice.
17         (10) The right to restitution.
18     (b) A statement and explanation of the rights of crime
19 victims set forth in paragraph (a) of this Section shall be
20 given to a crime victim at the initial contact with the
21 criminal justice system by the appropriate authorities and
22 shall be conspicuously posted in all court facilities.
23 (Source: P.A. 95-591, eff. 6-1-08.)
 
24     Section 95. No acceleration or delay. Where this Act makes
25 changes in a statute that is represented in this Act by text

 

 

SB2735 - 4 - LRB095 19897 RLC 46311 b

1 that is not yet or no longer in effect (for example, a Section
2 represented by multiple versions), the use of that text does
3 not accelerate or delay the taking effect of (i) the changes
4 made by this Act or (ii) provisions derived from any other
5 Public Act.