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[ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB0863enr HB0863 Enrolled 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 or his or 16 her representative shall have the right and the victim's 17 spouse, guardian, parent, or other immediate family or 18 household member upon his,orher, or their request may be 19 permitted by the court toshall have the right toaddress the 20 court regarding the impact thatwhichthe defendant's 21 criminal conduct or the juvenile's delinquent conduct has had 22 upon them and the victim. AnyIf the victim chooses to23exercise this right, theimpact statement must have been 24 prepared in writing in conjunction with the Office of the 25 State's Attorney prior to the initial hearing or sentencing, 26 before it can be presented orally or in writing at the 27 sentencing hearing. In conjunction with the Office of the 28 State's Attorney, a victim impact statement that is presented 29 orally may be done so by the victim or the victim's spouse, 30 guardian, parent, or other immediate family or household 31 member or his,orher, or their representative. At the HB0863 Enrolled -2- LRB9204826RCsb 1 sentencing hearing, the prosecution may introduce that 2 evidence either in its case in chief or in rebuttal. The 3 court shall consider any impact statement admittedstatements4made by the victim,along with all other appropriate factors 5 in determining the sentence of the defendant or disposition 6 of such juvenile. 7 (b) The crime victim has the right to prepare a victim 8 impact statement and present it to the Office of the State's 9 Attorney at any time during the proceedings. 10 (c) This Section shall apply to any victims of a violent 11 crime during any dispositional hearing under Section 5-705 of 12 the Juvenile Court Act of 1987 which takes place pursuant to 13 an adjudication of delinquency for any such offense. 14 (Source: P.A. 90-590, eff. 1-1-99; 91-693, eff. 4-13-00.)