Full Text of HB1164 99th General Assembly
HB1164 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1164 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 725 ILCS 120/6 | from Ch. 38, par. 1406 |
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Amends the Rights of Crime Victims and Witnesses Act. Makes a technical
change in a Section concerning victim impact statements.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rights of Crime Victims and Witnesses Act is | 5 | | amended by changing Section 6 as follows:
| 6 | | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| 7 | | Sec. 6. Rights to present victim impact statement.
| 8 | | (a) In any case where a defendant has been convicted of a | 9 | | violent crime or a
juvenile has been adjudicated a delinquent | 10 | | for a violent crime and
and a victim of the violent crime or | 11 | | the victim's spouse,
guardian, parent, grandparent, or other | 12 | | immediate family or household member is present in
the
| 13 | | courtroom at the time of the sentencing or the disposition | 14 | | hearing,
the victim or his or her representative shall have the | 15 | | right and the victim's
spouse, guardian, parent, grandparent, | 16 | | and other immediate
family or household member upon his, her, | 17 | | or
their request may be permitted by the court to address the
| 18 | | court regarding the impact that the defendant's criminal | 19 | | conduct
or the
juvenile's delinquent conduct has had upon them | 20 | | and the victim.
The court has discretion to determine the | 21 | | number of oral presentations of victim impact statements.
Any | 22 | | impact
statement must have been prepared in writing in | 23 | | conjunction with the Office
of the State's Attorney prior to |
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| 1 | | the initial hearing or sentencing, before
it can be presented | 2 | | orally or in writing at the sentencing hearing. In
conjunction | 3 | | with the Office of the State's Attorney, a victim impact | 4 | | statement
that is presented orally may be done so by the victim | 5 | | or the victim's spouse,
guardian, parent, grandparent, or other | 6 | | immediate family or household member or
his,
her, or their
| 7 | | representative. At the sentencing hearing, the prosecution may | 8 | | introduce
that evidence either in its
case in chief or in | 9 | | rebuttal. The court shall
consider any impact statement | 10 | | admitted
along with
all
other appropriate factors in | 11 | | determining the sentence of the defendant or
disposition of | 12 | | such juvenile. | 13 | | (a-1) In any case where a defendant has been convicted of a | 14 | | violation of any statute, ordinance, or regulation relating to | 15 | | the operation or use of motor vehicles, the use of streets and | 16 | | highways by pedestrians or the operation of any other wheeled | 17 | | or tracked vehicle, except parking violations, if the violation | 18 | | resulted in great bodily harm or death, the person who suffered | 19 | | great bodily harm, the injured person's representative, or the | 20 | | representative of a deceased person shall be entitled to notice | 21 | | of the sentencing hearing. "Representative" includes the | 22 | | spouse, guardian, grandparent, or other immediate family or | 23 | | household member of an injured or deceased person. If the | 24 | | injured person, the injured person's representative, or a | 25 | | representative of a deceased person is present in the courtroom | 26 | | at the time of sentencing, the injured person or his or her |
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| 1 | | representative and a representative of the deceased person | 2 | | shall have the right to address the court regarding the impact | 3 | | that the defendant's criminal conduct has had upon them. If | 4 | | more than one representative of an injured or deceased person | 5 | | is present in the courtroom at the time of sentencing, the | 6 | | court has discretion to permit one or more of the | 7 | | representatives to present an oral impact statement. Any impact | 8 | | statement must have been prepared in writing in conjunction | 9 | | with the Office of the State's Attorney prior to the initial | 10 | | hearing or sentencing, before it can be presented orally or in | 11 | | writing at the sentencing hearing. In conjunction with the | 12 | | Office of the State's Attorney, an impact statement that is | 13 | | presented orally may be done so by the injured person or the | 14 | | representative of an injured or deceased person. At the | 15 | | sentencing hearing, the prosecution may introduce that | 16 | | evidence either in its case in chief or in rebuttal. The court | 17 | | shall consider any impact statement admitted along with all | 18 | | other appropriate factors in determining the sentence of the | 19 | | defendant. | 20 | | (a-5) In any case where a defendant has been found not | 21 | | guilty by reason of insanity of a violent crime and a hearing | 22 | | has been ordered by the court under the Mental Health and | 23 | | Developmental Disabilities Code to determine if the defendant | 24 | | is: (1) in need of mental health services on an inpatient | 25 | | basis; (2) in need of mental health services on an outpatient | 26 | | basis; or (3) not in need of mental health services and a |
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| 1 | | victim of the violent crime or the victim's spouse,
guardian, | 2 | | parent, grandparent, or other immediate family or household | 3 | | member is present in
the
courtroom at the time of the initial | 4 | | commitment hearing, the victim or his or her representative | 5 | | shall have the right and the victim's
spouse, guardian, parent, | 6 | | grandparent, and other immediate
family or household members | 7 | | upon their request may be permitted by the court to address the
| 8 | | court regarding the impact that the defendant's criminal | 9 | | conduct has had upon them and the victim.
The court has | 10 | | discretion to determine the number of oral presentations of | 11 | | victim impact statements.
Any impact
statement must have been | 12 | | prepared in writing in conjunction with the Office
of the | 13 | | State's Attorney prior to the initial commitment hearing, | 14 | | before
it may be presented orally or in writing at the | 15 | | commitment hearing. In
conjunction with the Office of the | 16 | | State's Attorney, a victim impact statement
that is presented | 17 | | orally may be presented so by the victim or the victim's | 18 | | spouse,
guardian, parent, grandparent, or other immediate | 19 | | family or household member or
his or her
representative. At the | 20 | | initial commitment hearing, the State's Attorney may introduce
| 21 | | the statement either in its
case in chief or in rebuttal. The | 22 | | court may only consider the impact statement along with all | 23 | | other appropriate factors in determining the: (1) threat of | 24 | | serious physical harm poised by the respondent to himself or | 25 | | herself, or to another person; (2) location of inpatient or | 26 | | outpatient mental health services ordered by the court, but |
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| 1 | | only after complying with all other applicable administrative, | 2 | | rule, and statutory requirements; (3) maximum period of | 3 | | commitment for inpatient mental health services; and (4) | 4 | | conditions of release for outpatient mental health services | 5 | | ordered by the court. | 6 | | (b) The crime victim has the right to prepare a victim | 7 | | impact statement
and present it to the Office of the State's | 8 | | Attorney at any time during the
proceedings. Any written victim | 9 | | impact statement submitted to the Office of the State's | 10 | | Attorney shall be considered by the court during its | 11 | | consideration of aggravation and mitigation in plea | 12 | | proceedings under Supreme Court Rule 402.
| 13 | | (c) This Section shall apply to any victims of a violent | 14 | | crime during any
dispositional hearing under Section 5-705 of | 15 | | the Juvenile Court
Act of 1987 which takes place pursuant to an | 16 | | adjudication or trial or plea of
delinquency for any such | 17 | | offense.
| 18 | | (Source: P.A. 96-117, eff. 1-1-10; 97-572, eff. 1-1-12.)
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