Full Text of HJRCA0001 098th General Assembly
HC0001enr 98TH GENERAL ASSEMBLY |
| | HC0001 Enrolled | | LRB098 02703 RLC 32710 e |
|
| 1 | | HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT 1
| 3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 | | NINETY-EIGHTH 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 VICTIMS' 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 notice and to a hearing before a court | 21 | | ruling on a request for access to any of the victim's | 22 | | records, information, or communications which are | 23 | | privileged or confidential by law.
|
| | | HC0001 Enrolled | - 2 - | LRB098 02703 RLC 32710 e |
|
| 1 | | (3) (2) The right to timely notification of all court | 2 | | proceedings.
| 3 | | (4) (3) The right to communicate with the prosecution.
| 4 | | (5) (4) The right to be heard at any post-arraignment | 5 | | court proceeding in which a right of the victim is at issue | 6 | | and any court proceeding involving a post-arraignment | 7 | | release decision, plea, or sentencing make a statement to | 8 | | the court at sentencing .
| 9 | | (6) (5) The right to be notified of information about | 10 | | the conviction, the sentence,
the imprisonment, and the | 11 | | release of the accused.
| 12 | | (7) (6) The right to timely disposition of the case | 13 | | following the arrest of the accused.
| 14 | | (8) (7) The right to be reasonably protected from the | 15 | | accused throughout
the criminal justice process.
| 16 | | (9) The right to have the safety of the victim and the | 17 | | victim's family considered in denying or fixing the amount | 18 | | of bail, determining whether to release the defendant, and | 19 | | setting conditions of release after arrest and conviction.
| 20 | | (10) (8) The right to be present at the trial and all | 21 | | other court
proceedings on the same basis as the accused, | 22 | | unless the victim is to
testify and the court determines | 23 | | that the victim's testimony would be
materially affected if | 24 | | the victim hears other testimony at the trial.
| 25 | | (11) (9) The right to have present at all court | 26 | | proceedings, subject to the
rules of evidence, an advocate |
| | | HC0001 Enrolled | - 3 - | LRB098 02703 RLC 32710 e |
|
| 1 | | and or other support person of the victim's choice.
| 2 | | (12) (10) The right to restitution.
| 3 | | (b) The victim has standing to assert the rights enumerated | 4 | | in subsection (a) in any court exercising
jurisdiction over the | 5 | | case. The court shall promptly rule on a victim's request. The | 6 | | victim does not
have party status. The accused does not have | 7 | | standing to assert the rights of a victim. The court shall
not | 8 | | appoint an attorney for the victim under this Section. Nothing | 9 | | in this Section shall be construed to
alter the powers, duties, | 10 | | and responsibilities of the prosecuting attorney The General | 11 | | Assembly may provide by law for the enforcement of this
| 12 | | Section .
| 13 | | (c) The General Assembly may provide for an assessment | 14 | | against convicted
defendants to pay for crime victims' rights.
| 15 | | (d) Nothing in this Section or any law enacted under this | 16 | | Section creates a cause of action in equity or at law for | 17 | | compensation, attorney's fees, or damages against the State, a | 18 | | political subdivision of the State, an officer, employee, or | 19 | | agent of the State or of any political subdivision of the | 20 | | State, or an officer or employee of the court. or in any law | 21 | | enacted under | 22 | | (e) Nothing in this Section
or any law enacted under this | 23 | | Section shall be construed as creating (1) a basis for vacating | 24 | | a conviction or (2) a
ground for any relief requested by the | 25 | | defendant appellate relief in any criminal case .
| 26 | | (Source: Amendment adopted at general election November 3, |
| | | HC0001 Enrolled | - 4 - | LRB098 02703 RLC 32710 e |
|
| 1 | | 1992.)
| 2 | | SCHEDULE | 3 | | This Constitutional Amendment takes effect upon being | 4 | | declared adopted in accordance with Section 7 of the Illinois | 5 | | Constitutional Amendment Act. |
|