Full Text of HB3300 97th General Assembly
HB3300ham001 97TH GENERAL ASSEMBLY | Rep. Emily McAsey Filed: 4/5/2011
| | 09700HB3300ham001 | | LRB097 08665 RLC 53798 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3300
| 2 | | AMENDMENT NO. ______. Amend House Bill 3300 on page 1, by | 3 | | replacing line 5 with the following: | 4 | | "amended by changing Sections 3 and 4.5 as follows:
| 5 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 6 | | (Text of Section after amendment by P.A. 96-1551 ) | 7 | | Sec. 3. The terms used in this Act, unless the context | 8 | | clearly
requires otherwise, shall have the following meanings:
| 9 | | (a) "Crime victim" and "victim" mean (1) a person | 10 | | physically injured in this State as a
result of a violent crime | 11 | | perpetrated or attempted against that person or (2) a
person | 12 | | who suffers injury to or loss of property as a result of a | 13 | | violent crime
perpetrated or attempted against that person or | 14 | | (3) a single
representative who
may be the spouse, parent, | 15 | | child or sibling of a person killed as a result of a
violent | 16 | | crime perpetrated against the person killed or the spouse, | 17 | | parent,
child or sibling of any person granted rights under |
| | | 09700HB3300ham001 | - 2 - | LRB097 08665 RLC 53798 a |
|
| 1 | | this Act who is physically
or mentally incapable of exercising | 2 | | such rights, except where the spouse,
parent, child or sibling | 3 | | is also the defendant or prisoner or (4) any person
against | 4 | | whom a violent crime has been committed or (5) any person
who | 5 | | has suffered personal injury as a result of a violation of | 6 | | Section 11-501
of the Illinois Vehicle Code, or of a similar | 7 | | provision of a local ordinance,
or of Section 9-3 of the | 8 | | Criminal Code of 1961, as amended or (6) in proceedings under | 9 | | the Juvenile Court Act of 1987, both parents, legal guardians, | 10 | | foster parents, or a single adult representative of a minor or | 11 | | disabled person who is a crime victim.
| 12 | | (b) "Witness" means any person who personally observed the | 13 | | commission of
a violent crime and who will testify on behalf of | 14 | | the State of Illinois in
the criminal prosecution of the | 15 | | violent crime.
| 16 | | (c) "Violent Crime" means any felony in which force or | 17 | | threat of force was
used against the victim, or any offense | 18 | | involving sexual exploitation, sexual
conduct or sexual | 19 | | penetration, or a violation of Section 11-20.1, 11-20.1B, or | 20 | | 11-20.3 of the Criminal Code of 1961, domestic battery, | 21 | | violation of an order of
protection, stalking, or any | 22 | | misdemeanor which results in death or great bodily
harm to the | 23 | | victim or any violation of Section 9-3 of the Criminal Code of
| 24 | | 1961, or Section 11-501 of the Illinois Vehicle
Code, or a | 25 | | similar provision of a local ordinance, if the violation | 26 | | resulted
in personal injury or death, or a violation of any |
| | | 09700HB3300ham001 | - 3 - | LRB097 08665 RLC 53798 a |
|
| 1 | | statute, ordinance, or regulation relating to the operation or | 2 | | use of motor vehicles, the use of streets and highways by | 3 | | pedestrians or the operation of any other wheeled or tracked | 4 | | vehicle, except parking violations, if the violation resulted | 5 | | in personal injury or death, and includes any action committed | 6 | | by a juvenile
that would be a violent crime if committed by an | 7 | | adult. For the purposes of
this paragraph, "personal injury" | 8 | | shall include any Type A injury as indicated
on the traffic | 9 | | accident report completed by a law enforcement officer that
| 10 | | requires immediate professional attention in either a doctor's | 11 | | office or
medical facility. A type A injury shall include | 12 | | severely bleeding wounds,
distorted extremities, and injuries | 13 | | that require the injured party to be
carried from the scene.
| 14 | | (d) "Sentencing Hearing" means any hearing where a sentence | 15 | | is imposed
by the court on a convicted defendant and includes | 16 | | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 17 | | and 5-7-7 of the Unified Code of
Corrections except those cases | 18 | | in which both parties have agreed to the
imposition of a | 19 | | specific sentence .
| 20 | | (e) "Court proceedings" includes the preliminary hearing, | 21 | | any hearing the
effect of which may be the release of the | 22 | | defendant from custody or to alter
the conditions of bond, the | 23 | | trial, sentencing hearing, notice of appeal, any
modification | 24 | | of sentence, probation revocation hearings or parole hearings.
| 25 | | (f) "Concerned citizen"
includes relatives of the victim, | 26 | | friends of the victim, witnesses to the
crime, or any other |
| | | 09700HB3300ham001 | - 4 - | LRB097 08665 RLC 53798 a |
|
| 1 | | person associated with the victim or prisoner. | 2 | | (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | 3 | | 96-292, eff. 1-1-10; 96-875, eff. 1-22-10; 96-1551, eff. | 4 | | 7-1-11.)".
|
|