HB1168eng 103RD GENERAL ASSEMBLY

 


 
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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 Sections 3 and 4 as follows:
 
6    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 3. The terms used in this Act shall have the following
9meanings:
10    (a) "Crime victim" or "victim" means: (1) any natural
11person determined by the prosecutor or the court to have
12suffered direct physical or psychological harm as a result of
13a violent crime perpetrated or attempted against that person
14or direct physical or psychological harm as a result of (i) a
15violation of Section 11-501 of the Illinois Vehicle Code or
16similar provision of a local ordinance or (ii) a violation of
17Section 9-3 of the Criminal Code of 1961 or the Criminal Code
18of 2012; (2) in the case of a crime victim who is under 18
19years of age or an adult victim who is incompetent or
20incapacitated, both parents, legal guardians, foster parents,
21or a single adult representative; (3) in the case of an adult
22deceased victim, 2 representatives who may be the spouse,
23parent, child or sibling of the victim, or the representative

 

 

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1of the victim's estate; and (4) an immediate family member of a
2victim under clause (1) of this paragraph (a) chosen by the
3victim. If the victim is 18 years of age or over, the victim
4may choose any person to be the victim's representative. In no
5event shall the defendant or any person who aided and abetted
6in the commission of the crime be considered a victim, a crime
7victim, or a representative of the victim.
8    A board, agency, or other governmental entity making
9decisions regarding an offender's release, sentence reduction,
10or clemency can determine additional persons are victims for
11the purpose of its proceedings.
12    (a-3) "Advocate" means a person whose communications with
13the victim are privileged under Section 8-802.1 or 8-802.2 of
14the Code of Civil Procedure, or Section 227 of the Illinois
15Domestic Violence Act of 1986.
16    (a-5) "Confer" means to consult together, share
17information, compare opinions and carry on a discussion or
18deliberation.
19    (a-7) "Sentence" includes, but is not limited to, the
20imposition of sentence, a request for a reduction in sentence,
21parole, mandatory supervised release, aftercare release, early
22release, inpatient treatment, outpatient treatment,
23conditional release after a finding that the defendant is not
24guilty by reason of insanity, clemency, or a proposal that
25would reduce the defendant's sentence or result in the
26defendant's release. "Early release" refers to a discretionary

 

 

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1release.
2    (a-9) "Sentencing" includes, but is not limited to, the
3imposition of sentence and a request for a reduction in
4sentence, parole, mandatory supervised release, aftercare
5release, early release, consideration of inpatient treatment
6or outpatient treatment, or conditional release after a
7finding that the defendant is not guilty by reason of
8insanity.
9    (a-10) "Status hearing" means a hearing designed to
10provide information to the court, at which no motion of a
11substantive nature and no constitutional or statutory right of
12a crime victim is implicated or at issue.
13    (b) "Witness" means: any person who personally observed
14the commission of a crime and who will testify on behalf of the
15State of Illinois; or a person who will be called by the
16prosecution to give testimony establishing a necessary nexus
17between the offender and the violent crime.
18    (c) "Violent crime" means: (1) any felony in which force
19or threat of force was used against the victim; (2) any offense
20involving sexual exploitation, sexual conduct, or sexual
21penetration; (3) a violation of Section 11-20.1, 11-20.1B,
2211-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
23Criminal Code of 2012; (4) domestic battery or stalking; (5)
24violation of an order of protection, a civil no contact order,
25or a stalking no contact order; (6) any misdemeanor which
26results in death or great bodily harm to the victim; or (7) any

 

 

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1violation of Section 9-3 of the Criminal Code of 1961 or the
2Criminal Code of 2012, or Section 11-501 of the Illinois
3Vehicle Code, or a similar provision of a local ordinance, if
4the violation resulted in personal injury or death. "Violent
5crime" includes any action committed by a juvenile that would
6be a violent crime if committed by an adult. For the purposes
7of this paragraph, "personal injury" shall include any Type A
8injury as indicated on the traffic accident report completed
9by a law enforcement officer that requires immediate
10professional attention in either a doctor's office or medical
11facility. A type A injury shall include severely bleeding
12wounds, distorted extremities, and injuries that require the
13injured party to be carried from the scene.
14    (d) (Blank).
15    (e) "Court proceedings" includes, but is not limited to,
16the preliminary hearing, any post-arraignment hearing the
17effect of which may be the release of the defendant from
18custody or to alter the conditions of bond, change of plea
19hearing, the trial, any pretrial or post-trial hearing,
20sentencing, any oral argument or hearing before an Illinois
21appellate court, any hearing under the Mental Health and
22Developmental Disabilities Code or Section 5-2-4 of the
23Unified Code of Corrections after a finding that the defendant
24is not guilty by reason of insanity, including a hearing for
25conditional release, any hearing related to a modification of
26sentence, probation revocation hearing, aftercare release or

 

 

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1parole hearings, post-conviction relief proceedings, habeas
2corpus proceedings and clemency proceedings related to the
3defendant's conviction or sentence. For purposes of the
4victim's right to be present, "court proceedings" does not
5include (1) hearings under Section 109-1 of the Code of
6Criminal Procedure of 1963, (2) grand jury proceedings, (3)
7status hearings, or (4) the issuance of an order or decision of
8an Illinois court that dismisses a charge, reverses a
9conviction, reduces a sentence, or releases an offender under
10a court rule.
11    (f) "Concerned citizen" includes relatives of the victim,
12friends of the victim, witnesses to the crime, or any other
13person associated with the victim or prisoner.
14    (g) "Victim's attorney" means an attorney retained by the
15victim for the purposes of asserting the victim's
16constitutional and statutory rights. An attorney retained by
17the victim means an attorney who is hired to represent the
18victim at the victim's expense or an attorney who has agreed to
19provide pro bono representation. Nothing in this statute
20creates a right to counsel at public expense for a victim.
21    (h) "Support person" means a person chosen by a victim to
22be present at court proceedings.
23(Source: P.A. 102-1104, eff. 1-1-23.)
 
24    (Text of Section after amendment by P.A. 102-982)
25    Sec. 3. The terms used in this Act shall have the following

 

 

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1meanings:
2    (a) "Crime victim" or "victim" means: (1) any natural
3person determined by the prosecutor or the court to have
4suffered direct physical or psychological harm as a result of
5a violent crime perpetrated or attempted against that person
6or direct physical or psychological harm as a result of (i) a
7violation of Section 11-501 of the Illinois Vehicle Code or
8similar provision of a local ordinance or (ii) a violation of
9Section 9-3 of the Criminal Code of 1961 or the Criminal Code
10of 2012; (2) in the case of a crime victim who is under 18
11years of age or an adult victim who is incompetent or
12incapacitated, both parents, legal guardians, foster parents,
13or a single adult representative; (3) in the case of an adult
14deceased victim, 2 representatives who may be the spouse,
15parent, child or sibling of the victim, or the representative
16of the victim's estate; and (4) an immediate family member of a
17victim under clause (1) of this paragraph (a) chosen by the
18victim. If the victim is 18 years of age or over, the victim
19may choose any person to be the victim's representative. In no
20event shall the defendant or any person who aided and abetted
21in the commission of the crime be considered a victim, a crime
22victim, or a representative of the victim.
23    A board, agency, or other governmental entity making
24decisions regarding an offender's release, sentence reduction,
25or clemency can determine additional persons are victims for
26the purpose of its proceedings.

 

 

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1    (a-3) "Advocate" means a person whose communications with
2the victim are privileged under Section 8-802.1 or 8-802.2 of
3the Code of Civil Procedure, or Section 227 of the Illinois
4Domestic Violence Act of 1986.
5    (a-5) "Confer" means to consult together, share
6information, compare opinions and carry on a discussion or
7deliberation.
8    (a-6) "DNA database" means a collection of DNA profiles
9from forensic casework or specimens from anonymous,
10identified, and unidentified sources that is created to search
11DNA records against each other to develop investigative leads
12among forensic cases.
13    (a-7) "Sentence" includes, but is not limited to, the
14imposition of sentence, a request for a reduction in sentence,
15parole, mandatory supervised release, aftercare release, early
16release, inpatient treatment, outpatient treatment,
17conditional release after a finding that the defendant is not
18guilty by reason of insanity, clemency, or a proposal that
19would reduce the defendant's sentence or result in the
20defendant's release. "Early release" refers to a discretionary
21release.
22    (a-9) "Sentencing" includes, but is not limited to, the
23imposition of sentence and a request for a reduction in
24sentence, parole, mandatory supervised release, aftercare
25release, early release, consideration of inpatient treatment
26or outpatient treatment, or conditional release after a

 

 

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1finding that the defendant is not guilty by reason of
2insanity.
3    (a-10) "Status hearing" means a hearing designed to
4provide information to the court, at which no motion of a
5substantive nature and no constitutional or statutory right of
6a crime victim is implicated or at issue.
7    (b) "Witness" means: any person who personally observed
8the commission of a crime and who will testify on behalf of the
9State of Illinois; or a person who will be called by the
10prosecution to give testimony establishing a necessary nexus
11between the offender and the violent crime.
12    (c) "Violent crime" means: (1) any felony in which force
13or threat of force was used against the victim; (2) any offense
14involving sexual exploitation, sexual conduct, or sexual
15penetration; (3) a violation of Section 11-20.1, 11-20.1B,
1611-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
17Criminal Code of 2012; (4) domestic battery or stalking; (5)
18violation of an order of protection, a civil no contact order,
19or a stalking no contact order; (6) any misdemeanor which
20results in death or great bodily harm to the victim; or (7) any
21violation of Section 9-3 of the Criminal Code of 1961 or the
22Criminal Code of 2012, or Section 11-501 of the Illinois
23Vehicle Code, or a similar provision of a local ordinance, if
24the violation resulted in personal injury or death. "Violent
25crime" includes any action committed by a juvenile that would
26be a violent crime if committed by an adult. For the purposes

 

 

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1of this paragraph, "personal injury" shall include any Type A
2injury as indicated on the traffic crash report completed by a
3law enforcement officer that requires immediate professional
4attention in either a doctor's office or medical facility. A
5type A injury shall include severely bleeding wounds,
6distorted extremities, and injuries that require the injured
7party to be carried from the scene.
8    (d) (Blank).
9    (e) "Court proceedings" includes, but is not limited to,
10the preliminary hearing, any post-arraignment hearing the
11effect of which may be the release of the defendant from
12custody or to alter the conditions of bond, change of plea
13hearing, the trial, any pretrial or post-trial hearing,
14sentencing, any oral argument or hearing before an Illinois
15appellate court, any hearing under the Mental Health and
16Developmental Disabilities Code or Section 5-2-4 of the
17Unified Code of Corrections after a finding that the defendant
18is not guilty by reason of insanity, including a hearing for
19conditional release, any hearing related to a modification of
20sentence, probation revocation hearing, aftercare release or
21parole hearings, post-conviction relief proceedings, habeas
22corpus proceedings and clemency proceedings related to the
23defendant's conviction or sentence. For purposes of the
24victim's right to be present, "court proceedings" does not
25include (1) grand jury proceedings, (2) status hearings, or
26(3) the issuance of an order or decision of an Illinois court

 

 

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1that dismisses a charge, reverses a conviction, reduces a
2sentence, or releases an offender under a court rule.
3    (f) "Concerned citizen" includes relatives of the victim,
4friends of the victim, witnesses to the crime, or any other
5person associated with the victim or prisoner.
6    (g) "Victim's attorney" means an attorney retained by the
7victim for the purposes of asserting the victim's
8constitutional and statutory rights. An attorney retained by
9the victim means an attorney who is hired to represent the
10victim at the victim's expense or an attorney who has agreed to
11provide pro bono representation. Nothing in this statute
12creates a right to counsel at public expense for a victim.
13    (h) "Support person" means a person chosen by a victim to
14be present at court proceedings.
15(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
 
16    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
17    Sec. 4. Rights of crime victims.
18    (a) Crime victims shall have the following rights:
19        (1) The right to be treated with fairness and respect
20    for their dignity and privacy and to be free from
21    harassment, intimidation, and abuse throughout the
22    criminal justice process.
23        (1.5) The right to notice and to a hearing before a
24    court ruling on a request for access to any of the victim's
25    records, information, or communications which are

 

 

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1    privileged or confidential by law.
2        (1.6) Except as otherwise provided in Section 9.5 of
3    the Criminal Identification Act or Section 3-3013 of the
4    Counties Code, whenever a person's DNA profile is
5    collected due to the person being a victim of a crime, as
6    identified by law enforcement, that specific profile
7    collected in conjunction with that criminal investigation
8    shall not be entered into any DNA database. Nothing in
9    this paragraph (1.6) shall be interpreted to contradict
10    rules and regulations developed by the Federal Bureau of
11    Investigation relating to the National DNA Index System or
12    Combined DNA Index System.
13        (2) The right to timely notification of all court
14    proceedings.
15        (3) The right to communicate with the prosecution.
16        (4) The right to be heard at any post-arraignment
17    court proceeding in which a right of the victim is at issue
18    and any court proceeding involving a post-arraignment
19    release decision, plea, or sentencing.
20        (5) The right to be notified of the conviction, the
21    sentence, the imprisonment and the release of the accused.
22        (6) The right to the timely disposition of the case
23    following the arrest of the accused.
24        (7) The right to be reasonably protected from the
25    accused through the criminal justice process.
26        (7.5) The right to have the safety of the victim and

 

 

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1    the victim's family considered in determining whether to
2    release the defendant and setting conditions of release
3    after arrest and conviction.
4        (8) The right to be present at the trial and all other
5    court proceedings on the same basis as the accused, unless
6    the victim is to testify and the court determines that the
7    victim's testimony would be materially affected if the
8    victim hears other testimony at the trial.
9        (9) The right to have present at all court
10    proceedings, including proceedings under the Juvenile
11    Court Act of 1987, subject to the rules of evidence, an
12    advocate and other support person of the victim's choice.
13        (10) The right to restitution.
14    (b) Any law enforcement agency that investigates an
15offense committed in this State shall provide a crime victim
16with a written statement and explanation of the rights of
17crime victims under this amendatory Act of the 99th General
18Assembly within 48 hours of law enforcement's initial contact
19with a victim. The statement shall include information about
20crime victim compensation, including how to contact the Office
21of the Illinois Attorney General to file a claim, and
22appropriate referrals to local and State programs that provide
23victim services. The content of the statement shall be
24provided to law enforcement by the Attorney General. Law
25enforcement shall also provide a crime victim with a sign-off
26sheet that the victim shall sign and date as an

 

 

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1acknowledgement that he or she has been furnished with
2information and an explanation of the rights of crime victims
3and compensation set forth in this Act.
4    (b-5) Upon the request of the victim, the law enforcement
5agency having jurisdiction shall provide a free copy of the
6police report concerning the victim's incident, as soon as
7practicable, but in no event later than 5 business days from
8the request.
9    (c) The Clerk of the Circuit Court shall post the rights of
10crime victims set forth in Article I, Section 8.1(a) of the
11Illinois Constitution and subsection (a) of this Section
12within 3 feet of the door to any courtroom where criminal
13proceedings are conducted. The clerk may also post the rights
14in other locations in the courthouse.
15    (d) At any point, the victim has the right to retain a
16victim's attorney who may be present during all stages of any
17interview, investigation, or other interaction with
18representatives of the criminal justice system. Treatment of
19the victim should not be affected or altered in any way as a
20result of the victim's decision to exercise this right.
21(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.