Full Text of HB0893 94th General Assembly
HB0893eng 94TH GENERAL ASSEMBLY
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HB0893 Engrossed |
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LRB094 07423 RXD 37585 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Section 6 as follows:
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| (725 ILCS 120/6) (from Ch. 38, par. 1406)
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| Sec. 6. Rights to present victim impact statement.
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| (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 a victim of the violent crime or the | 11 |
| victim's spouse,
guardian, parent, grandparent, or other | 12 |
| immediate family or household member is present in
the
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| 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
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| 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 | 24 |
| the initial hearing or sentencing, before
it can be presented | 25 |
| orally or in writing at the sentencing hearing. In
conjunction | 26 |
| with the Office of the State's Attorney, a victim impact | 27 |
| statement
that is presented orally may be done so by the victim | 28 |
| or the victim's spouse,
guardian, parent, grandparent, or other | 29 |
| immediate family or household member or
his,
her, or their
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| representative. At the sentencing hearing, the prosecution may | 31 |
| introduce
that evidence either in its
case in chief or in | 32 |
| rebuttal. The court shall
consider any impact statement |
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HB0893 Engrossed |
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LRB094 07423 RXD 37585 b |
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| admitted
along with
all
other appropriate factors in | 2 |
| determining the sentence of the defendant or
disposition of | 3 |
| such juvenile.
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| (b) The crime victim has the right to prepare a victim | 5 |
| impact statement
and present it to the Office of the State's | 6 |
| Attorney at any time during the
proceedings. Any written victim | 7 |
| impact statement submitted to the Office of the State's | 8 |
| Attorney shall be considered by the court during its | 9 |
| consideration of aggravation and mitigation in plea | 10 |
| proceedings under Supreme Court Rule 402.
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| (c) This Section shall apply to any victims of a violent | 12 |
| crime during any
dispositional hearing under Section 5-705 of | 13 |
| the Juvenile Court
Act of 1987 which takes place pursuant to an | 14 |
| adjudication of
delinquency for any such offense.
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| (d) If a violent crime has an impact on the community where | 16 |
| the incident took place, the State's Attorney for that county | 17 |
| may request any one person, association, or other group of | 18 |
| persons to prepare a community impact statement in writing in | 19 |
| conjunction with the State's Attorney's Office prior to the | 20 |
| imposition of the sentence on a defendant or dispositional | 21 |
| hearing under Section 5-705 of the Juvenile Court Act of 1987. | 22 |
| Only one community impact statement shall be admitted in court | 23 |
| for consideration at the sentencing or dispositional hearing. A | 24 |
| community impact statement may be presented in addition to a | 25 |
| victim impact statement allowed under subsections (a) and (c) | 26 |
| of this Section. For purposes of this subsection (d), | 27 |
| "community impact statement" means a written statement | 28 |
| providing information about the financial, emotional, and | 29 |
| physical effects of a crime on a community; and "community" | 30 |
| means a social or body of people living or working in the same | 31 |
| place or neighborhood sharing common interests arising from | 32 |
| social, business, religious, governmental, scholastic or | 33 |
| recreational association. | 34 |
| (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
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