Full Text of HB3300 097th General Assembly
HB3300enr 97TH GENERAL ASSEMBLY |
| | HB3300 Enrolled | | LRB097 08665 RLC 51393 b |
|
| 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 Sections 3, 4.5, and 6 as follows:
| 6 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 7 | | (Text of Section after amendment by P.A. 96-1551 ) | 8 | | Sec. 3. The terms used in this Act, unless the context | 9 | | clearly
requires otherwise, shall have the following meanings:
| 10 | | (a) "Crime victim" and "victim" mean (1) a person | 11 | | physically injured in this State as a
result of a violent crime | 12 | | perpetrated or attempted against that person or (2) a
person | 13 | | who suffers injury to or loss of property as a result of a | 14 | | violent crime
perpetrated or attempted against that person or | 15 | | (3) a single
representative who
may be the spouse, parent, | 16 | | child or sibling of a person killed as a result of a
violent | 17 | | crime perpetrated against the person killed or the spouse, | 18 | | parent,
child or sibling of any person granted rights under | 19 | | this Act who is physically
or mentally incapable of exercising | 20 | | such rights, except where the spouse,
parent, child or sibling | 21 | | is also the defendant or prisoner or (4) any person
against | 22 | | whom a violent crime has been committed or (5) any person
who | 23 | | has suffered personal injury as a result of a violation of |
| | | HB3300 Enrolled | - 2 - | LRB097 08665 RLC 51393 b |
|
| 1 | | Section 11-501
of the Illinois Vehicle Code, or of a similar | 2 | | provision of a local ordinance,
or of Section 9-3 of the | 3 | | Criminal Code of 1961, as amended or (6) in proceedings under | 4 | | the Juvenile Court Act of 1987, both parents, legal guardians, | 5 | | foster parents, or a single adult representative of a minor or | 6 | | disabled person who is a crime victim.
| 7 | | (b) "Witness" means any person who personally observed the | 8 | | commission of
a violent crime and who will testify on behalf of | 9 | | the State of Illinois in
the criminal prosecution of the | 10 | | violent crime.
| 11 | | (c) "Violent Crime" means any felony in which force or | 12 | | threat of force was
used against the victim, or any offense | 13 | | involving sexual exploitation, sexual
conduct or sexual | 14 | | penetration, or a violation of Section 11-20.1, 11-20.1B, or | 15 | | 11-20.3 of the Criminal Code of 1961, domestic battery, | 16 | | violation of an order of
protection, stalking, or any | 17 | | misdemeanor which results in death or great bodily
harm to the | 18 | | victim or any violation of Section 9-3 of the Criminal Code of
| 19 | | 1961, or Section 11-501 of the Illinois Vehicle
Code, or a | 20 | | similar provision of a local ordinance, if the violation | 21 | | resulted
in personal injury or death, and includes any action | 22 | | committed by a juvenile
that would be a violent crime if | 23 | | committed by an adult. For the purposes of
this paragraph, | 24 | | "personal injury" shall include any Type A injury as indicated
| 25 | | on the traffic accident report completed by a law enforcement | 26 | | officer that
requires immediate professional attention in |
| | | HB3300 Enrolled | - 3 - | LRB097 08665 RLC 51393 b |
|
| 1 | | either a doctor's office or
medical facility. A type A injury | 2 | | shall include severely bleeding wounds,
distorted extremities, | 3 | | and injuries that require the injured party to be
carried from | 4 | | the scene.
| 5 | | (d) "Sentencing Hearing" means any hearing where a sentence | 6 | | is imposed
by the court on a convicted defendant and includes | 7 | | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 8 | | and 5-7-7 of the Unified Code of
Corrections except those cases | 9 | | in which both parties have agreed to the
imposition of a | 10 | | specific sentence .
| 11 | | (e) "Court proceedings" includes the preliminary hearing, | 12 | | any hearing the
effect of which may be the release of the | 13 | | defendant from custody or to alter
the conditions of bond, the | 14 | | trial, sentencing hearing, notice of appeal, any
modification | 15 | | of sentence, probation revocation hearings or parole hearings.
| 16 | | (f) "Concerned citizen"
includes relatives of the victim, | 17 | | friends of the victim, witnesses to the
crime, or any other | 18 | | person associated with the victim or prisoner. | 19 | | (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | 20 | | 96-292, eff. 1-1-10; 96-875, eff. 1-22-10; 96-1551, eff. | 21 | | 7-1-11.)
| 22 | | (725 ILCS 120/4.5)
| 23 | | Sec. 4.5. Procedures to implement the rights of crime | 24 | | victims. To afford
crime victims their rights, law enforcement, | 25 | | prosecutors, judges and
corrections will provide information, |
| | | HB3300 Enrolled | - 4 - | LRB097 08665 RLC 51393 b |
|
| 1 | | as appropriate of the following
procedures:
| 2 | | (a) At the request of the crime victim, law enforcement | 3 | | authorities
investigating the case shall provide notice of the | 4 | | status of the investigation,
except where the State's Attorney | 5 | | determines that disclosure of such
information would | 6 | | unreasonably interfere with the investigation, until such
time | 7 | | as the alleged assailant is apprehended or the investigation is | 8 | | closed.
| 9 | | (b) The office of the State's Attorney:
| 10 | | (1) shall provide notice of the filing of information, | 11 | | the return of an
indictment by which a prosecution for any | 12 | | violent crime is commenced, or the
filing of a petition to | 13 | | adjudicate a minor as a delinquent for a violent
crime;
| 14 | | (2) shall provide notice of the date, time, and place | 15 | | of trial;
| 16 | | (3) or victim advocate personnel shall provide | 17 | | information of social
services and financial assistance | 18 | | available for victims of crime, including
information of | 19 | | how to apply for these services and assistance;
| 20 | | (3.5) or victim advocate personnel shall provide | 21 | | information about available victim services, including | 22 | | referrals to programs, counselors, and agencies that | 23 | | assist a victim to deal with trauma, loss, and grief;
| 24 | | (4) shall assist in having any stolen or other personal | 25 | | property held by
law enforcement authorities for | 26 | | evidentiary or other purposes returned as
expeditiously as |
| | | HB3300 Enrolled | - 5 - | LRB097 08665 RLC 51393 b |
|
| 1 | | possible, pursuant to the procedures set out in Section | 2 | | 115-9
of the Code of Criminal Procedure of 1963;
| 3 | | (5) or victim advocate personnel shall provide | 4 | | appropriate employer
intercession services to ensure that | 5 | | employers of victims will cooperate with
the criminal | 6 | | justice system in order to minimize an employee's loss of | 7 | | pay and
other benefits resulting from court appearances;
| 8 | | (6) shall provide information whenever possible, of a | 9 | | secure waiting
area during court proceedings that does not | 10 | | require victims to be in close
proximity to defendant or | 11 | | juveniles accused of a violent crime, and their
families | 12 | | and friends;
| 13 | | (7) shall provide notice to the crime victim of the | 14 | | right to have a
translator present at all court proceedings | 15 | | and, in compliance with the federal Americans
with | 16 | | Disabilities Act of 1990, the right to communications | 17 | | access through a
sign language interpreter or by other | 18 | | means;
| 19 | | (8) in the case of the death of a person, which death | 20 | | occurred in the same
transaction or occurrence in which | 21 | | acts occurred for which a defendant is
charged with an | 22 | | offense, shall notify the spouse, parent, child or sibling | 23 | | of
the decedent of the date of the trial of the person or | 24 | | persons allegedly
responsible for the death;
| 25 | | (9) shall inform the victim of the right to have | 26 | | present at all court
proceedings, subject to the rules of |
| | | HB3300 Enrolled | - 6 - | LRB097 08665 RLC 51393 b |
|
| 1 | | evidence, an advocate or other support
person of the | 2 | | victim's choice, and the right to retain an attorney, at | 3 | | the
victim's own expense, who, upon written notice filed | 4 | | with the clerk of the
court and State's Attorney, is to | 5 | | receive copies of all notices, motions and
court orders | 6 | | filed thereafter in the case, in the same manner as if the | 7 | | victim
were a named party in the case;
| 8 | | (10) at the sentencing hearing shall make a good faith | 9 | | attempt to explain
the minimum amount of time during which | 10 | | the defendant may actually be
physically imprisoned. The | 11 | | Office of the State's Attorney shall further notify
the | 12 | | crime victim of the right to request from the Prisoner | 13 | | Review Board
information concerning the release of the | 14 | | defendant under subparagraph (d)(1)
of this Section;
| 15 | | (11) shall request restitution at sentencing and shall | 16 | | consider
restitution in any plea negotiation, as provided | 17 | | by law; and
| 18 | | (12) shall, upon the court entering a verdict of not | 19 | | guilty by reason of insanity, inform the victim of the | 20 | | notification services available from the Department of | 21 | | Human Services, including the statewide telephone number, | 22 | | under subparagraph (d)(2) of this Section. | 23 | | (c) At the written request of the crime victim, the office | 24 | | of the State's
Attorney shall:
| 25 | | (1) provide notice a reasonable time in advance of the | 26 | | following court
proceedings: preliminary hearing, any |
| | | HB3300 Enrolled | - 7 - | LRB097 08665 RLC 51393 b |
|
| 1 | | hearing the effect of which may be the
release of defendant | 2 | | from custody, or to alter the conditions of bond and the
| 3 | | sentencing hearing. The crime victim shall also be notified | 4 | | of the
cancellation of the court proceeding in sufficient | 5 | | time, wherever possible, to
prevent an unnecessary | 6 | | appearance in court;
| 7 | | (2) provide notice within a reasonable time after | 8 | | receipt of notice from
the custodian, of the release of the | 9 | | defendant on bail or personal recognizance
or the release | 10 | | from detention of a minor who has been detained for a | 11 | | violent
crime;
| 12 | | (3) explain in nontechnical language the details of any | 13 | | plea or verdict of
a defendant, or any adjudication of a | 14 | | juvenile as a delinquent for a violent
crime;
| 15 | | (4) where practical, consult with the crime victim | 16 | | before the Office of
the State's Attorney makes an offer of | 17 | | a plea bargain to the defendant or
enters into negotiations | 18 | | with the defendant concerning a possible plea
agreement, | 19 | | and shall consider the written victim impact statement, if | 20 | | prepared
prior to entering into a plea agreement;
| 21 | | (5) provide notice of the ultimate disposition of the | 22 | | cases arising from
an indictment or an information, or a | 23 | | petition to have a juvenile adjudicated
as a delinquent for | 24 | | a violent crime;
| 25 | | (6) provide notice of any appeal taken by the defendant | 26 | | and information
on how to contact the appropriate agency |
| | | HB3300 Enrolled | - 8 - | LRB097 08665 RLC 51393 b |
|
| 1 | | handling the appeal;
| 2 | | (7) provide notice of any request for post-conviction | 3 | | review filed by the
defendant under Article 122 of the Code | 4 | | of Criminal Procedure of 1963, and of
the date, time and | 5 | | place of any hearing concerning the petition. Whenever
| 6 | | possible, notice of the hearing shall be given in advance;
| 7 | | (8) forward a copy of any statement presented under | 8 | | Section 6 to the
Prisoner Review Board to be considered by | 9 | | the Board in making its determination
under subsection (b) | 10 | | of Section 3-3-8 of the Unified Code of Corrections.
| 11 | | (d) (1) The Prisoner Review Board shall inform a victim or | 12 | | any other
concerned citizen, upon written request, of the | 13 | | prisoner's release on parole,
mandatory supervised release, | 14 | | electronic detention, work release, international transfer or | 15 | | exchange, or by the
custodian of the discharge of any | 16 | | individual who was adjudicated a delinquent
for a violent crime | 17 | | from State custody and by the sheriff of the appropriate
county | 18 | | of any such person's final discharge from county custody.
The | 19 | | Prisoner Review Board, upon written request, shall provide to a | 20 | | victim or
any other concerned citizen a recent photograph of | 21 | | any person convicted of a
felony, upon his or her release from | 22 | | custody.
The Prisoner
Review Board, upon written request, shall | 23 | | inform a victim or any other
concerned citizen when feasible at | 24 | | least 7 days prior to the prisoner's release
on furlough of the | 25 | | times and dates of such furlough. Upon written request by
the | 26 | | victim or any other concerned citizen, the State's Attorney |
| | | HB3300 Enrolled | - 9 - | LRB097 08665 RLC 51393 b |
|
| 1 | | shall notify
the person once of the times and dates of release | 2 | | of a prisoner sentenced to
periodic imprisonment. Notification | 3 | | shall be based on the most recent
information as to victim's or | 4 | | other concerned citizen's residence or other
location | 5 | | available to the notifying authority.
| 6 | | (2) When the defendant has been committed to the Department | 7 | | of
Human Services pursuant to Section 5-2-4 or any other
| 8 | | provision of the Unified Code of Corrections, the victim may | 9 | | request to be
notified by the releasing authority of the | 10 | | defendant's furloughs, temporary release, or final discharge | 11 | | from State
custody. The Department of Human Services shall | 12 | | establish and maintain a statewide telephone number to be used | 13 | | by victims to make notification requests under these provisions | 14 | | and shall publicize this telephone number on its website and to | 15 | | the State's Attorney of each county.
| 16 | | (3) In the event of an escape from State custody, the | 17 | | Department of
Corrections or the Department of Juvenile Justice | 18 | | immediately shall notify the Prisoner Review Board of the | 19 | | escape
and the Prisoner Review Board shall notify the victim. | 20 | | The notification shall
be based upon the most recent | 21 | | information as to the victim's residence or other
location | 22 | | available to the Board. When no such information is available, | 23 | | the
Board shall make all reasonable efforts to obtain the | 24 | | information and make
the notification. When the escapee is | 25 | | apprehended, the Department of
Corrections or the Department of | 26 | | Juvenile Justice immediately shall notify the Prisoner Review |
| | | HB3300 Enrolled | - 10 - | LRB097 08665 RLC 51393 b |
|
| 1 | | Board and the Board
shall notify the victim.
| 2 | | (4) The victim of the crime for which the prisoner has been | 3 | | sentenced
shall receive reasonable written notice not less than | 4 | | 30 days prior to the
parole interview and may submit, in | 5 | | writing, on film, videotape or other
electronic means or in the | 6 | | form of a recording or in person at the parole
interview
or if | 7 | | a victim of a violent crime, by calling the
toll-free number | 8 | | established in subsection (f) of this Section, information
for
| 9 | | consideration by the Prisoner Review Board. The
victim shall be | 10 | | notified within 7 days after the prisoner has been granted
| 11 | | parole and shall be informed of the right to inspect the | 12 | | registry of parole
decisions, established under subsection (g) | 13 | | of Section 3-3-5 of the Unified
Code of Corrections. The | 14 | | provisions of this paragraph (4) are subject to the
Open Parole | 15 | | Hearings Act.
| 16 | | (5) If a statement is presented under Section 6, the | 17 | | Prisoner Review Board
shall inform the victim of any order of | 18 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 19 | | Unified Code of Corrections.
| 20 | | (6) At the written request of the victim of the crime for | 21 | | which the
prisoner was sentenced or the State's Attorney of the | 22 | | county where the person seeking parole was prosecuted, the | 23 | | Prisoner Review Board shall notify the victim and the State's | 24 | | Attorney of the county where the person seeking parole was | 25 | | prosecuted of
the death of the prisoner if the prisoner died | 26 | | while on parole or mandatory
supervised release.
|
| | | HB3300 Enrolled | - 11 - | LRB097 08665 RLC 51393 b |
|
| 1 | | (7) When a defendant who has been committed to the | 2 | | Department of
Corrections, the Department of Juvenile Justice, | 3 | | or the Department of Human Services is released or discharged | 4 | | and
subsequently committed to the Department of Human Services | 5 | | as a sexually
violent person and the victim had requested to be | 6 | | notified by the releasing
authority of the defendant's | 7 | | discharge from State custody, the releasing
authority shall | 8 | | provide to the Department of Human Services such information
| 9 | | that would allow the Department of Human Services to contact | 10 | | the victim.
| 11 | | (8) When a defendant has been convicted of a sex offense as | 12 | | defined in Section 2 of the Sex Offender Registration Act and | 13 | | has been sentenced to the Department of Corrections or the | 14 | | Department of Juvenile Justice, the Prisoner Review Board shall | 15 | | notify the victim of the sex offense of the prisoner's | 16 | | eligibility for release on parole,
mandatory supervised | 17 | | release, electronic detention, work release, international | 18 | | transfer or exchange, or by the
custodian of the discharge of | 19 | | any individual who was adjudicated a delinquent
for a sex | 20 | | offense from State custody and by the sheriff of the | 21 | | appropriate
county of any such person's final discharge from | 22 | | county custody. The notification shall be made to the victim at | 23 | | least 30 days, whenever possible, before release of the sex | 24 | | offender. | 25 | | (e) The officials named in this Section may satisfy some or | 26 | | all of their
obligations to provide notices and other |
| | | HB3300 Enrolled | - 12 - | LRB097 08665 RLC 51393 b |
|
| 1 | | information through participation in a
statewide victim and | 2 | | witness notification system established by the Attorney
| 3 | | General under Section 8.5 of this Act.
| 4 | | (f) To permit a victim of a violent crime to provide | 5 | | information to the
Prisoner Review Board for consideration by | 6 | | the
Board at a parole hearing of a person who committed the | 7 | | crime against
the victim in accordance with clause (d)(4) of | 8 | | this Section or at a proceeding
to determine the conditions of | 9 | | mandatory supervised release of a person
sentenced to a | 10 | | determinate sentence or at a hearing on revocation of mandatory
| 11 | | supervised release of a person sentenced to a determinate | 12 | | sentence, the Board
shall establish a toll-free number that may | 13 | | be accessed by the victim of
a violent crime to present that | 14 | | information to the Board.
| 15 | | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 16 | | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | 17 | | 96-875, eff. 1-22-10.)
| 18 | | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| 19 | | Sec. 6. Rights to present victim impact statement.
| 20 | | (a) In any case where a defendant has been convicted of a | 21 | | violent crime or a
juvenile has been adjudicated a delinquent | 22 | | for a violent crime and a victim of the violent crime or the | 23 | | victim's spouse,
guardian, parent, grandparent, or other | 24 | | immediate family or household member is present in
the
| 25 | | courtroom at the time of the sentencing or the disposition |
| | | HB3300 Enrolled | - 13 - | LRB097 08665 RLC 51393 b |
|
| 1 | | hearing,
the victim or his or her representative shall have the | 2 | | right and the victim's
spouse, guardian, parent, grandparent, | 3 | | and other immediate
family or household member upon his, her, | 4 | | or
their request may be permitted by the court to address the
| 5 | | court regarding the impact that the defendant's criminal | 6 | | conduct
or the
juvenile's delinquent conduct has had upon them | 7 | | and the victim.
The court has discretion to determine the | 8 | | number of oral presentations of victim impact statements.
Any | 9 | | impact
statement must have been prepared in writing in | 10 | | conjunction with the Office
of the State's Attorney prior to | 11 | | the initial hearing or sentencing, before
it can be presented | 12 | | orally or in writing at the sentencing hearing. In
conjunction | 13 | | with the Office of the State's Attorney, a victim impact | 14 | | statement
that is presented orally may be done so by the victim | 15 | | or the victim's spouse,
guardian, parent, grandparent, or other | 16 | | immediate family or household member or
his,
her, or their
| 17 | | representative. At the sentencing hearing, the prosecution may | 18 | | introduce
that evidence either in its
case in chief or in | 19 | | rebuttal. The court shall
consider any impact statement | 20 | | admitted
along with
all
other appropriate factors in | 21 | | determining the sentence of the defendant or
disposition of | 22 | | such juvenile.
| 23 | | (a-1) In any case where a defendant has been convicted of a | 24 | | violation of any statute, ordinance, or regulation relating to | 25 | | the operation or use of motor vehicles, the use of streets and | 26 | | highways by pedestrians or the operation of any other wheeled |
| | | HB3300 Enrolled | - 14 - | LRB097 08665 RLC 51393 b |
|
| 1 | | or tracked vehicle, except parking violations, if the violation | 2 | | resulted in great bodily harm or death, the person who suffered | 3 | | great bodily harm, the injured person's representative, or the | 4 | | representative of a deceased person shall be entitled to notice | 5 | | of the sentencing hearing. "Representative" includes the | 6 | | spouse, guardian, grandparent, or other immediate family or | 7 | | household member of an injured or deceased person. If the | 8 | | injured person, the injured person's representative, or a | 9 | | representative of a deceased person is present in the courtroom | 10 | | at the time of sentencing, the injured person or his or her | 11 | | representative and a representative of the deceased person | 12 | | shall have the right to address the court regarding the impact | 13 | | that the defendant's criminal conduct has had upon them. If | 14 | | more than one representative of an injured or deceased person | 15 | | is present in the courtroom at the time of sentencing, the | 16 | | court has discretion to permit one or more of the | 17 | | representatives to present an oral impact statement. Any impact | 18 | | statement must have been prepared in writing in conjunction | 19 | | with the Office of the State's Attorney prior to the initial | 20 | | hearing or sentencing, before it can be presented orally or in | 21 | | writing at the sentencing hearing. In conjunction with the | 22 | | Office of the State's Attorney, an impact statement that is | 23 | | presented orally may be done so by the injured person or the | 24 | | representative of an injured or deceased person. At the | 25 | | sentencing hearing, the prosecution may introduce that | 26 | | evidence either in its case in chief or in rebuttal. The court |
| | | HB3300 Enrolled | - 15 - | LRB097 08665 RLC 51393 b |
|
| 1 | | shall consider any impact statement admitted along with all | 2 | | other appropriate factors in determining the sentence of the | 3 | | defendant. | 4 | | (a-5) In any case where a defendant has been found not | 5 | | guilty by reason of insanity of a violent crime and a hearing | 6 | | has been ordered by the court under the Mental Health and | 7 | | Developmental Disabilities Code to determine if the defendant | 8 | | is: (1) in need of mental health services on an inpatient | 9 | | basis; (2) in need of mental health services on an outpatient | 10 | | basis; or (3) not in need of mental health services and a | 11 | | victim of the violent crime or the victim's spouse,
guardian, | 12 | | parent, grandparent, or other immediate family or household | 13 | | member is present in
the
courtroom at the time of the initial | 14 | | commitment hearing, the victim or his or her representative | 15 | | shall have the right and the victim's
spouse, guardian, parent, | 16 | | grandparent, and other immediate
family or household members | 17 | | upon their request may be permitted by the court to address the
| 18 | | court regarding the impact that the defendant's criminal | 19 | | conduct has had upon them and the victim.
The court has | 20 | | discretion to determine the number of oral presentations of | 21 | | victim impact statements.
Any impact
statement must have been | 22 | | prepared in writing in conjunction with the Office
of the | 23 | | State's Attorney prior to the initial commitment hearing, | 24 | | before
it may be presented orally or in writing at the | 25 | | commitment hearing. In
conjunction with the Office of the | 26 | | State's Attorney, a victim impact statement
that is presented |
| | | HB3300 Enrolled | - 16 - | LRB097 08665 RLC 51393 b |
|
| 1 | | orally may be presented so by the victim or the victim's | 2 | | spouse,
guardian, parent, grandparent, or other immediate | 3 | | family or household member or
his or her
representative. At the | 4 | | initial commitment hearing, the State's Attorney may introduce
| 5 | | the statement either in its
case in chief or in rebuttal. The | 6 | | court may only consider the impact statement along with all | 7 | | other appropriate factors in determining the: (1) threat of | 8 | | serious physical harm poised by the respondent to himself or | 9 | | herself, or to another person; (2) location of inpatient or | 10 | | outpatient mental health services ordered by the court, but | 11 | | only after complying with all other applicable administrative, | 12 | | rule, and statutory requirements; (3) maximum period of | 13 | | commitment for inpatient mental health services; and (4) | 14 | | conditions of release for outpatient mental health services | 15 | | ordered by the court. | 16 | | (b) The crime victim has the right to prepare a victim | 17 | | impact statement
and present it to the Office of the State's | 18 | | Attorney at any time during the
proceedings. Any written victim | 19 | | impact statement submitted to the Office of the State's | 20 | | Attorney shall be considered by the court during its | 21 | | consideration of aggravation and mitigation in plea | 22 | | proceedings under Supreme Court Rule 402.
| 23 | | (c) This Section shall apply to any victims of a violent | 24 | | crime during any
dispositional hearing under Section 5-705 of | 25 | | the Juvenile Court
Act of 1987 which takes place pursuant to an | 26 | | adjudication or trial or plea of
delinquency for any such |
| | | HB3300 Enrolled | - 17 - | LRB097 08665 RLC 51393 b |
|
| 1 | | offense.
| 2 | | (Source: P.A. 95-591, eff. 6-1-08; 96-117, eff. 1-1-10.)
|
|