Full Text of HJRCA0029 97th General Assembly
HC0029enr 97TH GENERAL ASSEMBLY |
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT 29
| 3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 | | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 5 | | SENATE CONCURRING HEREIN, that there shall be submitted to the | 6 | | electors of the State for adoption or rejection at the general | 7 | | election next occurring at least 6 months after the adoption of | 8 | | this resolution a proposition to amend Section 8.1 of Article I | 9 | | of the Illinois Constitution as follows:
| 10 | | ARTICLE I | 11 | | BILL OF RIGHTS
| 12 | | (ILCON Art. 1, Sec. 8.1)
| 13 | | SECTION 8.1. CRIME VICTIM'S RIGHTS.
| 14 | | (a) Crime victims, as defined by law, shall have the | 15 | | following rights as
provided by law :
| 16 | | (1) The right to be treated with fairness and respect | 17 | | for their
dignity and privacy and to be free from | 18 | | harassment, intimidation, and abuse throughout the | 19 | | criminal justice process.
| 20 | | (2) The right to refuse to disclose to the defendant | 21 | | information that is privileged or confidential by law, as | 22 | | determined by a court of law with jurisdiction over the | 23 | | case.
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| 1 | | (3) (2) The right to timely notification of all court | 2 | | proceedings.
| 3 | | (4) (3) The right to confer communicate with the | 4 | | prosecution.
| 5 | | (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 make a statement to | 9 | | the court at sentencing .
| 10 | | (6) The right to have access to information in a report | 11 | | related to any aspect of a defendant's sentence when | 12 | | available to the defendant, as the General Assembly may | 13 | | provide by law.
| 14 | | (7) (5) The right to be notified of information about | 15 | | the conviction, the sentence,
the imprisonment, and the | 16 | | release of the accused.
| 17 | | (8) (6) The right to timely disposition of the case | 18 | | following the arrest of the accused.
| 19 | | (9) (7) The right to be reasonably protected from the | 20 | | accused throughout
the criminal justice process.
| 21 | | (10) The right to have the safety of the victim and the | 22 | | victim's family considered in denying or fixing the amount | 23 | | of bail, determining whether to release the defendant, and | 24 | | setting conditions of release after arrest and conviction.
| 25 | | (11) (8) The right to be present at the trial and all | 26 | | other court
proceedings on the same basis as the accused, |
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| 1 | | unless the victim is to
testify and the court determines | 2 | | that the victim's testimony would be
materially affected if | 3 | | the victim hears other testimony at the trial.
| 4 | | (12) (9) The right to have present at all court | 5 | | proceedings, subject to the
rules of evidence, an advocate | 6 | | and or other support person of the victim's choice.
| 7 | | (13) (10) The right to restitution.
| 8 | | (b) A victim, the victim's lawyer, or the prosecuting | 9 | | attorney may assert the rights enumerated in subsection (a) in | 10 | | any court with jurisdiction over the case as a matter of right. | 11 | | The court shall act promptly on the request The General | 12 | | Assembly may provide by law for the enforcement of this
| 13 | | Section .
| 14 | | (c) The General Assembly may provide for an assessment | 15 | | against convicted
defendants to pay for crime victims' rights.
| 16 | | (d) Nothing in this Section or any law enacted under this | 17 | | Section creates a cause of action in equity or at law for | 18 | | compensation, attorney's fees, or damages against the State, a | 19 | | political subdivision of the State, an officer, employee, or | 20 | | agent of the State or of any political subdivision of the | 21 | | State, or an officer or employee of the court. or in any law | 22 | | enacted under | 23 | | (e) Nothing in this Section
or any law enacted under this | 24 | | Section shall be construed as creating (1) a basis for vacating | 25 | | a conviction or (2) a
ground for any relief requested by the | 26 | | defendant appellate relief in any criminal case .
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| 1 | | (Source: Amendment adopted at general election November 3, | 2 | | 1992.)
| 3 | | SCHEDULE | 4 | | This Constitutional Amendment takes effect upon being | 5 | | declared adopted in accordance with Section 7 of the Illinois | 6 | | Constitutional Amendment Act. |
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