State of Illinois
92nd General Assembly
Legislation

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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, or her, or their request may be
19    permitted by the court to shall have the right to address the
20    court  regarding  the  impact  that  which  the   defendant's
21    criminal conduct or the juvenile's delinquent conduct has had
22    upon  them  and  the  victim.  Any  If  the victim chooses to
23    exercise this right, the  impact  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,  or  her,  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 admitted statements
 4    made 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.)

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