Illinois General Assembly - Full Text of HB3584
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Full Text of HB3584  103rd General Assembly


Rep. Tom Weber

Filed: 3/17/2023





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2    AMENDMENT NO. ______. Amend House Bill 3584, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Rights of Crime Victims and Witnesses Act
6is amended by changing Section 4 as follows:
7    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
8    Sec. 4. Rights of crime victims.
9    (a) Crime victims shall have the following rights:
10        (1) The right to be treated with fairness and respect
11    for their dignity and privacy and to be free from
12    harassment, intimidation, and abuse throughout the
13    criminal justice process.
14        (1.5) The right to notice and to a hearing before a
15    court ruling on a request for access to any of the victim's
16    records, information, or communications which are



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1    privileged or confidential by law.
2        (2) The right to timely notification of all court
3    proceedings.
4        (3) The right to communicate with the prosecution.
5        (4) The right to be heard at any post-arraignment
6    court proceeding in which a right of the victim is at issue
7    and any court proceeding involving a post-arraignment
8    release decision, plea, or sentencing.
9        (5) The right to be notified of the conviction, the
10    sentence, the imprisonment and the release of the accused.
11        (6) The right to the timely disposition of the case
12    following the arrest of the accused.
13        (7) The right to be reasonably protected from the
14    accused through the criminal justice process.
15        (7.5) The right to have the safety of the victim and
16    the victim's family considered in determining whether to
17    release the defendant and setting conditions of release
18    after arrest and conviction.
19        (8) The right to be present at the trial and all other
20    court proceedings on the same basis as the accused, unless
21    the victim is to testify and the court determines that the
22    victim's testimony would be materially affected if the
23    victim hears other testimony at the trial.
24        (9) The right to have present at all court
25    proceedings, including proceedings under the Juvenile
26    Court Act of 1987, subject to the rules of evidence, an



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1    advocate and other support person of the victim's choice.
2        (10) The right to restitution.
3    (b) Any law enforcement agency that investigates an
4offense committed in this State shall provide a crime victim
5with a written statement and explanation of the rights of
6crime victims under this amendatory Act of the 99th General
7Assembly within 48 hours of law enforcement's initial contact
8with a victim. The statement shall include information about
9crime victim compensation, including how to contact the Office
10of the Illinois Attorney General to file a claim, and
11appropriate referrals to local and State programs that provide
12victim services. The content of the statement shall be
13provided to law enforcement by the Attorney General. Law
14enforcement shall also provide a crime victim with a sign-off
15sheet that the victim shall sign and date as an
16acknowledgement that he or she has been furnished with
17information and an explanation of the rights of crime victims
18and compensation set forth in this Act, including the ability
19to file a complaint against an individual who is licensed by
20the Illinois Department of Financial and Professional
22    (b-5) Upon the request of the victim, the law enforcement
23agency having jurisdiction shall provide a free copy of the
24police report concerning the victim's incident, as soon as
25practicable, but in no event later than 5 business days from
26the request.



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1    (c) The Clerk of the Circuit Court shall post the rights of
2crime victims set forth in Article I, Section 8.1(a) of the
3Illinois Constitution and subsection (a) of this Section
4within 3 feet of the door to any courtroom where criminal
5proceedings are conducted. The clerk may also post the rights
6in other locations in the courthouse.
7    (d) At any point, the victim has the right to retain a
8victim's attorney who may be present during all stages of any
9interview, investigation, or other interaction with
10representatives of the criminal justice system. Treatment of
11the victim should not be affected or altered in any way as a
12result of the victim's decision to exercise this right.
13(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)".