[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB0863
LRB9204826RCsb
1 AN ACT in relation to victims' rights.
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
5 is 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
9 a violent crime or a juvenile has been adjudicated a
10 delinquent for a violent crime except those in which both
11 parties have agreed to the imposition of a specific sentence,
12 and a victim of the violent crime or the victim's spouse,
13 guardian, parent, or other immediate family or household
14 member is present in the courtroom at the time of the
15 sentencing or the disposition hearing, the victim and the
16 victim's spouse, guardian, parent, or other immediate family
17 or household member upon his, or her, or their request may
18 shall have the right to address the court regarding the
19 impact that which the defendant's criminal conduct or the
20 juvenile's delinquent conduct has had upon them and the
21 victim. Any If the victim chooses to exercise this right, the
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
26 conjunction with the Office of the State's Attorney, a victim
27 impact statement that is presented orally may be done so by
28 the victim or the victim's spouse, guardian, parent, or other
29 immediate family or household member or his, or her, or their
30 representative. The prosecution may introduce that evidence
31 either in its case in chief or in rebuttal. The court shall
-2- LRB9204826RCsb
1 consider any impact statement statements made by the victim,
2 along with all other appropriate factors in determining the
3 sentence of the defendant or disposition of such juvenile.
4 (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.
7 (c) This Section shall apply to any victims of a violent
8 crime during any dispositional hearing under Section 5-705 of
9 the Juvenile Court Act of 1987 which takes place pursuant to
10 an adjudication of delinquency for any such offense.
11 (Source: P.A. 90-590, eff. 1-1-99; 91-693, eff. 4-13-00.)