Full Text of HB3584 103rd General Assembly
HB3584ham002 103RD GENERAL ASSEMBLY | Rep. Tom Weber Filed: 3/17/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3584
| 2 | | AMENDMENT NO. ______. Amend House Bill 3584, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Rights of Crime Victims and Witnesses Act | 6 | | is 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 | 4 | | offense committed in this State shall provide a crime victim | 5 | | with a written statement and explanation of the rights of | 6 | | crime victims under this amendatory Act of the 99th General | 7 | | Assembly within 48 hours of law enforcement's initial contact | 8 | | with a victim. The statement shall include information about | 9 | | crime victim compensation, including how to contact the Office | 10 | | of the Illinois Attorney General to file a claim, and | 11 | | appropriate referrals to local and State programs that provide | 12 | | victim services. The content of the statement shall be | 13 | | provided to law enforcement by the Attorney General. Law | 14 | | enforcement shall also provide a crime victim with a sign-off | 15 | | sheet that the victim shall sign and date as an | 16 | | acknowledgement that he or she has been furnished with | 17 | | information and an explanation of the rights of crime victims | 18 | | and compensation set forth in this Act , including the ability | 19 | | to file a complaint against an individual who is licensed by | 20 | | the Illinois Department of Financial and Professional | 21 | | Regulation . | 22 | | (b-5) Upon the request of the victim, the law enforcement | 23 | | agency having jurisdiction shall provide a free copy of the | 24 | | police report concerning the victim's incident, as soon as | 25 | | practicable, but in no event later than 5 business days from | 26 | | the request. |
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| 1 | | (c) The Clerk of the Circuit Court shall post the rights of | 2 | | crime victims set forth in Article I, Section 8.1(a) of the | 3 | | Illinois Constitution and subsection (a) of this Section | 4 | | within 3 feet of the door to any courtroom where criminal | 5 | | proceedings are conducted. The clerk may also post the rights | 6 | | in other locations in the courthouse. | 7 | | (d) At any point, the victim has the right to retain a | 8 | | victim's attorney who may be present during all stages of any | 9 | | interview, investigation, or other interaction with | 10 | | representatives of the criminal justice system. Treatment of | 11 | | the victim should not be affected or altered in any way as a | 12 | | result 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 .)".
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