Full Text of HJRCA0001 98th General Assembly
HC0001ham001 98TH GENERAL ASSEMBLY |
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| 1 | | AMENDMENT TO HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT 1
| 3 | | AMENDMENT NO. ___. Amend House Joint Resolution | 4 | | Constitutional Amendment 1 by replacing lines 3 through 23 on | 5 | | page 1 and all of pages 2 through 4 with the following:
| 6 | | "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 7 | | NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 8 | | SENATE CONCURRING HEREIN, that there shall be submitted to the | 9 | | electors of the State for adoption or rejection at the general | 10 | | election next occurring at least 6 months after the adoption of | 11 | | this resolution a proposition to amend Section 8.1 of Article I | 12 | | of the Illinois Constitution as follows:
| 13 | | ARTICLE I | 14 | | BILL OF RIGHTS
| 15 | | (ILCON Art. 1, Sec. 8.1)
| 16 | | SECTION 8.1. CRIME VICTIMS' VICTIM'S RIGHTS.
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| 1 | | (a) Crime victims, as defined by law, shall have the | 2 | | following rights as
provided by law :
| 3 | | (1) The right to be treated with fairness and respect | 4 | | for their
dignity and privacy and to be free from | 5 | | harassment, intimidation, and abuse throughout the | 6 | | criminal justice process.
| 7 | | (2) The right to refuse to disclose to the defendant | 8 | | information that is privileged or confidential by law, as | 9 | | determined by a court of law with jurisdiction over the | 10 | | case.
| 11 | | (3) (2) The right to timely notification of all court | 12 | | proceedings.
| 13 | | (4) (3) The right to communicate with the prosecution.
| 14 | | (5) (4) The right to be heard at any post-arraignment | 15 | | court proceeding in which a right of the victim is at issue | 16 | | and any court proceeding involving a post-arraignment | 17 | | release decision, plea, or sentencing make a statement to | 18 | | the court at sentencing .
| 19 | | (6) The right to have access to information in a report | 20 | | related to any aspect of a defendant's sentence when | 21 | | available to the defendant, as the General Assembly may | 22 | | provide by law.
| 23 | | (7) (5) The right to be notified of information about | 24 | | the conviction, the sentence,
the imprisonment, and the | 25 | | release of the accused.
| 26 | | (8) (6) The right to timely disposition of the case |
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| 1 | | following the arrest of the accused.
| 2 | | (9) (7) The right to be reasonably protected from the | 3 | | accused throughout
the criminal justice process.
| 4 | | (10) The right to have the safety of the victim and the | 5 | | victim's family considered in denying or fixing the amount | 6 | | of bail, determining whether to release the defendant, and | 7 | | setting conditions of release after arrest and conviction.
| 8 | | (11) (8) The right to be present at the trial and all | 9 | | other court
proceedings on the same basis as the accused, | 10 | | unless the victim is to
testify and the court determines | 11 | | that the victim's testimony would be
materially affected if | 12 | | the victim hears other testimony at the trial.
| 13 | | (12) (9) The right to have present at all court | 14 | | proceedings, subject to the
rules of evidence, an advocate | 15 | | and or other support person of the victim's choice.
| 16 | | (13) (10) The right to restitution.
| 17 | | (b) The victim has standing to assert the rights enumerated | 18 | | in subsection (a) in any court exercising
jurisdiction over the | 19 | | case. The court shall promptly rule on a victim's request. The | 20 | | victim does not
have party status. The accused does not have | 21 | | standing to assert the rights of a victim. The court shall
not | 22 | | appoint an attorney for the victim under this Section. Nothing | 23 | | in this Section shall be construed to
alter the powers, duties, | 24 | | and responsibilities of the prosecuting attorney The General | 25 | | Assembly may provide by law for the enforcement of this
| 26 | | Section .
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| 1 | | (c) The General Assembly may provide for an assessment | 2 | | against convicted
defendants to pay for crime victims' rights.
| 3 | | (d) Nothing in this Section or any law enacted under this | 4 | | Section creates a cause of action in equity or at law for | 5 | | compensation, attorney's fees, or damages against the State, a | 6 | | political subdivision of the State, an officer, employee, or | 7 | | agent of the State or of any political subdivision of the | 8 | | State, or an officer or employee of the court. or in any law | 9 | | enacted under | 10 | | (e) Nothing in this Section
or any law enacted under this | 11 | | Section shall be construed as creating (1) a basis for vacating | 12 | | a conviction or (2) a
ground for any relief requested by the | 13 | | defendant appellate relief in any criminal case .
| 14 | | (Source: Amendment adopted at general election November 3, | 15 | | 1992.)
| 16 | | SCHEDULE | 17 | | This Constitutional Amendment takes effect upon being | 18 | | declared adopted in accordance with Section 7 of the Illinois | 19 | | Constitutional Amendment Act.". |
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