(725 ILCS 115/1) (from Ch. 38, par. 1351)
Sec. 1.
Short title.
This Act shall be known and may be cited as the
Bill of Rights for Children.
(Source: P.A. 86-862.)
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(725 ILCS 115/2) (from Ch. 38, par. 1352)
Sec. 2.
Purposes.
The purpose of this Act is to ensure the fair and
compassionate treatment of children involved in the criminal justice system
by affording certain basic rights and considerations to these children.
(Source: P.A. 86-862.)
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(725 ILCS 115/3) (from Ch. 38, par. 1353) (Text of Section before amendment by P.A. 103-825) Sec. 3. Rights to present child impact statement. (a) In any case where
a defendant has been convicted of a violent crime involving a child or a
juvenile has been adjudicated a delinquent for any offense defined in
Sections 11-6, 11-20.1, 11-20.1B, and 11-20.3 and in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, except those in
which both parties have agreed to the imposition of a specific sentence,
and a parent or legal guardian of the child involved is present in the
courtroom at the time of the sentencing or the disposition hearing, the
parent or legal guardian upon his or her request shall have the right to
address the court regarding the impact which the defendant's criminal
conduct or the juvenile's delinquent conduct has had upon the child. If
the parent or legal guardian chooses to exercise this right, the impact
statement must have been prepared in writing in conjunction with the Office
of the State's Attorney prior to the initial hearing or sentencing, before
it can be presented orally at the sentencing hearing. The court shall
consider any statements made by the parent or legal guardian, along with
all other appropriate factors in determining the sentence of the defendant
or disposition of such juvenile. (b) The crime victim has the right to prepare a victim impact statement
and present it to the office of the State's Attorney at any time during the
proceedings. (c) This Section shall apply to any child victims of any offense defined
in
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 during any
dispositional hearing under Section 5-705 of the Juvenile Court
Act of 1987
which takes place pursuant to an adjudication of delinquency for any such
offense.(Source: P.A. 96-292, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) (Text of Section after amendment by P.A. 103-825) Sec. 3. Rights to present child impact statement. (a) In any case where a defendant has been convicted of a violent crime involving a child or a juvenile has been adjudicated a delinquent for any offense defined in Sections 11-6, 11-20.1, 11-20.1B, 11-20.3, and 11-20.4 and in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, except those in which both parties have agreed to the imposition of a specific sentence, and a parent or legal guardian of the child involved is present in the courtroom at the time of the sentencing or the disposition hearing, the parent or legal guardian upon his or her request shall have the right to address the court regarding the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. If the parent or legal guardian chooses to exercise this right, the impact statement must have been prepared in writing in conjunction with the Office of the State's Attorney prior to the initial hearing or sentencing, before it can be presented orally at the sentencing hearing. The court shall consider any statements made by the parent or legal guardian, along with all other appropriate factors in determining the sentence of the defendant or disposition of such juvenile. (b) The crime victim has the right to prepare a victim impact statement and present it to the office of the State's Attorney at any time during the proceedings. (c) This Section shall apply to any child victims of any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 during any dispositional hearing under Section 5-705 of the Juvenile Court Act of 1987 which takes place pursuant to an adjudication of delinquency for any such offense.(Source: P.A. 103-825, eff. 1-1-25.) |
(725 ILCS 115/3.5) Sec. 3.5. Right to forensic interview with children's advocacy center. Every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area or jurisdiction where the incident(s) occurred, when such service is accessible based on the CAC's available resources. This right may be asserted by the child or the child's parent or guardian informing the investigating personnel at the Department of Children and Family Services or the law enforcement agency that the parent or guardian wants the child to have the child's interview conducted by the children's advocacy center. Each local CAC protocol will outline a process to address situations in which it is deemed not possible for a forensic interview to occur, to ensure a trauma-informed response with follow up services from the CAC.
(Source: P.A. 102-477, eff. 1-1-22.) |
(725 ILCS 115/4) (from Ch. 38, par. 1354)
Sec. 4.
This Act does not limit any rights or responsibilities
otherwise enjoyed by or imposed upon victims or witnesses of violent crime,
nor does it grant any person a cause of action for damages. Nothing in this
Act creates a basis for vacating a conviction or a ground for appellate relief
in any criminal case. Failure of the crime victim to receive notice as
required, however, shall not deprive the court of the power to act regarding
the proceeding before it; nor shall any such failure grant the defendant the
right to seek a continuance.
(Source: P.A. 88-489.)
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