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Public Act 103-0792 | ||||
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AN ACT concerning criminal law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Rights of Crime Victims and Witnesses Act | ||||
is amended by changing Sections 3 and 4 as follows: | ||||
(725 ILCS 120/3) (from Ch. 38, par. 1403) | ||||
(Text of Section before amendment by P.A. 102-982 ) | ||||
Sec. 3. The terms used in this Act shall have the following | ||||
meanings: | ||||
(a) "Crime victim" or "victim" means: (1) any natural | ||||
person determined by the prosecutor or the court to have | ||||
suffered direct physical or psychological harm as a result of | ||||
a violent crime perpetrated or attempted against that person | ||||
or direct physical or psychological harm as a result of (i) a | ||||
violation of Section 11-501 of the Illinois Vehicle Code or | ||||
similar provision of a local ordinance or (ii) a violation of | ||||
Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||
of 2012; (2) in the case of a crime victim who is under 18 | ||||
years of age or an adult victim who is incompetent or | ||||
incapacitated, both parents, legal guardians, foster parents, | ||||
or a single adult representative; (3) in the case of an adult | ||||
deceased victim, 2 representatives who may be the spouse, | ||||
parent, child or sibling of the victim, or the representative |
of the victim's estate; and (4) an immediate family member of a | ||
victim under clause (1) of this paragraph (a) chosen by the | ||
victim. If the victim is 18 years of age or over, the victim | ||
may choose any person to be the victim's representative. In no | ||
event shall the defendant or any person who aided and abetted | ||
in the commission of the crime be considered a victim, a crime | ||
victim, or a representative of the victim. | ||
A board, agency, or other governmental entity making | ||
decisions regarding an offender's release, sentence reduction, | ||
or clemency can determine additional persons are victims for | ||
the purpose of its proceedings. | ||
(a-3) "Advocate" means a person whose communications with | ||
the victim are privileged under Section 8-802.1 or 8-802.2 of | ||
the Code of Civil Procedure, or Section 227 of the Illinois | ||
Domestic Violence Act of 1986. | ||
(a-5) "Confer" means to consult together, share | ||
information, compare opinions and carry on a discussion or | ||
deliberation. | ||
(a-7) "Sentence" includes, but is not limited to, the | ||
imposition of sentence, a request for a reduction in sentence, | ||
parole, mandatory supervised release, aftercare release, early | ||
release, inpatient treatment, outpatient treatment, | ||
conditional release after a finding that the defendant is not | ||
guilty by reason of insanity, clemency, or a proposal that | ||
would reduce the defendant's sentence or result in the | ||
defendant's release. "Early release" refers to a discretionary |
release. | ||
(a-9) "Sentencing" includes, but is not limited to, the | ||
imposition of sentence and a request for a reduction in | ||
sentence, parole, mandatory supervised release, aftercare | ||
release, early release, consideration of inpatient treatment | ||
or outpatient treatment, or conditional release after a | ||
finding that the defendant is not guilty by reason of | ||
insanity. | ||
(a-10) "Status hearing" means a hearing designed to | ||
provide information to the court, at which no motion of a | ||
substantive nature and no constitutional or statutory right of | ||
a crime victim is implicated or at issue. | ||
(b) "Witness" means: any person who personally observed | ||
the commission of a crime and who will testify on behalf of the | ||
State of Illinois; or a person who will be called by the | ||
prosecution to give testimony establishing a necessary nexus | ||
between the offender and the violent crime. | ||
(c) "Violent crime" means: (1) any felony in which force | ||
or threat of force was used against the victim; (2) any offense | ||
involving sexual exploitation, sexual conduct, or sexual | ||
penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||
violation of an order of protection, a civil no contact order, | ||
or a stalking no contact order; (6) any misdemeanor which | ||
results in death or great bodily harm to the victim; or (7) any |
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or Section 11-501 of the Illinois | ||
Vehicle Code, or a similar provision of a local ordinance, if | ||
the violation resulted in personal injury or death. "Violent | ||
crime" includes any action committed by a juvenile that would | ||
be a violent crime if committed by an adult. For the purposes | ||
of this paragraph, "personal injury" shall include any Type A | ||
injury as indicated on the traffic accident report completed | ||
by a law enforcement officer that requires immediate | ||
professional attention in either a doctor's office or medical | ||
facility. A type A injury shall include severely bleeding | ||
wounds, distorted extremities, and injuries that require the | ||
injured party to be carried from the scene. | ||
(d) (Blank). | ||
(e) "Court proceedings" includes, but is not limited to, | ||
the preliminary hearing, any post-arraignment hearing the | ||
effect of which may be the release of the defendant from | ||
custody or to alter the conditions of bond, change of plea | ||
hearing, the trial, any pretrial or post-trial hearing, | ||
sentencing, any oral argument or hearing before an Illinois | ||
appellate court, any hearing under the Mental Health and | ||
Developmental Disabilities Code or Section 5-2-4 of the | ||
Unified Code of Corrections after a finding that the defendant | ||
is not guilty by reason of insanity, including a hearing for | ||
conditional release, any hearing related to a modification of | ||
sentence, probation revocation hearing, aftercare release or |
parole hearings, post-conviction relief proceedings, habeas | ||
corpus proceedings and clemency proceedings related to the | ||
defendant's conviction or sentence. For purposes of the | ||
victim's right to be present, "court proceedings" does not | ||
include (1) hearings under Section 109-1 of the Code of | ||
Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||
status hearings, or (4) the issuance of an order or decision of | ||
an Illinois court that dismisses a charge, reverses a | ||
conviction, reduces a sentence, or releases an offender under | ||
a court rule. | ||
(f) "Concerned citizen" includes relatives of the victim, | ||
friends of the victim, witnesses to the crime, or any other | ||
person associated with the victim or prisoner. | ||
(g) "Victim's attorney" means an attorney retained by the | ||
victim for the purposes of asserting the victim's | ||
constitutional and statutory rights. An attorney retained by | ||
the victim means an attorney who is hired to represent the | ||
victim at the victim's expense or an attorney who has agreed to | ||
provide pro bono representation. Nothing in this statute | ||
creates a right to counsel at public expense for a victim. | ||
(h) "Support person" means a person chosen by a victim to | ||
be present at court proceedings. | ||
(Source: P.A. 102-1104, eff. 1-1-23.) | ||
(Text of Section after amendment by P.A. 102-982 ) | ||
Sec. 3. The terms used in this Act shall have the following |
meanings: | ||
(a) "Crime victim" or "victim" means: (1) any natural | ||
person determined by the prosecutor or the court to have | ||
suffered direct physical or psychological harm as a result of | ||
a violent crime perpetrated or attempted against that person | ||
or direct physical or psychological harm as a result of (i) a | ||
violation of Section 11-501 of the Illinois Vehicle Code or | ||
similar provision of a local ordinance or (ii) a violation of | ||
Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012; (2) in the case of a crime victim who is under 18 | ||
years of age or an adult victim who is incompetent or | ||
incapacitated, both parents, legal guardians, foster parents, | ||
or a single adult representative; (3) in the case of an adult | ||
deceased victim, 2 representatives who may be the spouse, | ||
parent, child or sibling of the victim, or the representative | ||
of the victim's estate; and (4) an immediate family member of a | ||
victim under clause (1) of this paragraph (a) chosen by the | ||
victim. If the victim is 18 years of age or over, the victim | ||
may choose any person to be the victim's representative. In no | ||
event shall the defendant or any person who aided and abetted | ||
in the commission of the crime be considered a victim, a crime | ||
victim, or a representative of the victim. | ||
A board, agency, or other governmental entity making | ||
decisions regarding an offender's release, sentence reduction, | ||
or clemency can determine additional persons are victims for | ||
the purpose of its proceedings. |
(a-3) "Advocate" means a person whose communications with | ||
the victim are privileged under Section 8-802.1 or 8-802.2 of | ||
the Code of Civil Procedure, or Section 227 of the Illinois | ||
Domestic Violence Act of 1986. | ||
(a-5) "Confer" means to consult together, share | ||
information, compare opinions and carry on a discussion or | ||
deliberation. | ||
(a-6) "DNA database" means a collection of DNA profiles | ||
from forensic casework or specimens from anonymous, | ||
identified, and unidentified sources that is created to search | ||
DNA records against each other to develop investigative leads | ||
among forensic cases. | ||
(a-7) "Sentence" includes, but is not limited to, the | ||
imposition of sentence, a request for a reduction in sentence, | ||
parole, mandatory supervised release, aftercare release, early | ||
release, inpatient treatment, outpatient treatment, | ||
conditional release after a finding that the defendant is not | ||
guilty by reason of insanity, clemency, or a proposal that | ||
would reduce the defendant's sentence or result in the | ||
defendant's release. "Early release" refers to a discretionary | ||
release. | ||
(a-9) "Sentencing" includes, but is not limited to, the | ||
imposition of sentence and a request for a reduction in | ||
sentence, parole, mandatory supervised release, aftercare | ||
release, early release, consideration of inpatient treatment | ||
or outpatient treatment, or conditional release after a |
finding that the defendant is not guilty by reason of | ||
insanity. | ||
(a-10) "Status hearing" means a hearing designed to | ||
provide information to the court, at which no motion of a | ||
substantive nature and no constitutional or statutory right of | ||
a crime victim is implicated or at issue. | ||
(b) "Witness" means: any person who personally observed | ||
the commission of a crime and who will testify on behalf of the | ||
State of Illinois; or a person who will be called by the | ||
prosecution to give testimony establishing a necessary nexus | ||
between the offender and the violent crime. | ||
(c) "Violent crime" means: (1) any felony in which force | ||
or threat of force was used against the victim; (2) any offense | ||
involving sexual exploitation, sexual conduct, or sexual | ||
penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||
violation of an order of protection, a civil no contact order, | ||
or a stalking no contact order; (6) any misdemeanor which | ||
results in death or great bodily harm to the victim; or (7) any | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or Section 11-501 of the Illinois | ||
Vehicle Code, or a similar provision of a local ordinance, if | ||
the violation resulted in personal injury or death. "Violent | ||
crime" includes any action committed by a juvenile that would | ||
be a violent crime if committed by an adult. For the purposes |
of this paragraph, "personal injury" shall include any Type A | ||
injury as indicated on the traffic crash report completed by a | ||
law enforcement officer that requires immediate professional | ||
attention in either a doctor's office or medical facility. A | ||
type A injury shall include severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(d) (Blank). | ||
(e) "Court proceedings" includes, but is not limited to, | ||
the preliminary hearing, any post-arraignment hearing the | ||
effect of which may be the release of the defendant from | ||
custody or to alter the conditions of bond, change of plea | ||
hearing, the trial, any pretrial or post-trial hearing, | ||
sentencing, any oral argument or hearing before an Illinois | ||
appellate court, any hearing under the Mental Health and | ||
Developmental Disabilities Code or Section 5-2-4 of the | ||
Unified Code of Corrections after a finding that the defendant | ||
is not guilty by reason of insanity, including a hearing for | ||
conditional release, any hearing related to a modification of | ||
sentence, probation revocation hearing, aftercare release or | ||
parole hearings, post-conviction relief proceedings, habeas | ||
corpus proceedings and clemency proceedings related to the | ||
defendant's conviction or sentence. For purposes of the | ||
victim's right to be present, "court proceedings" does not | ||
include (1) grand jury proceedings, (2) status hearings, or | ||
(3) the issuance of an order or decision of an Illinois court |
that dismisses a charge, reverses a conviction, reduces a | ||
sentence, or releases an offender under a court rule. | ||
(f) "Concerned citizen" includes relatives of the victim, | ||
friends of the victim, witnesses to the crime, or any other | ||
person associated with the victim or prisoner. | ||
(g) "Victim's attorney" means an attorney retained by the | ||
victim for the purposes of asserting the victim's | ||
constitutional and statutory rights. An attorney retained by | ||
the victim means an attorney who is hired to represent the | ||
victim at the victim's expense or an attorney who has agreed to | ||
provide pro bono representation. Nothing in this statute | ||
creates a right to counsel at public expense for a victim. | ||
(h) "Support person" means a person chosen by a victim to | ||
be present at court proceedings. | ||
(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.) | ||
(725 ILCS 120/4) (from Ch. 38, par. 1404) | ||
Sec. 4. Rights of crime victims. | ||
(a) Crime victims shall have the following rights: | ||
(1) The right to be treated with fairness and respect | ||
for their dignity and privacy and to be free from | ||
harassment, intimidation, and abuse throughout the | ||
criminal justice process. | ||
(1.5) The right to notice and to a hearing before a | ||
court ruling on a request for access to any of the victim's | ||
records, information, or communications which are |
privileged or confidential by law. | ||
(1.6) Except as otherwise provided in Section 9.5 of | ||
the Criminal Identification Act or Section 3-3013 of the | ||
Counties Code, whenever a person's DNA profile is | ||
collected due to the person being a victim of a crime, as | ||
identified by law enforcement, that specific profile | ||
collected in conjunction with that criminal investigation | ||
shall not be entered into any DNA database. Nothing in | ||
this paragraph (1.6) shall be interpreted to contradict | ||
rules and regulations developed by the Federal Bureau of | ||
Investigation relating to the National DNA Index System or | ||
Combined DNA Index System. | ||
(2) The right to timely notification of all court | ||
proceedings. | ||
(3) The right to communicate with the prosecution. | ||
(4) The right to be heard at any post-arraignment | ||
court proceeding in which a right of the victim is at issue | ||
and any court proceeding involving a post-arraignment | ||
release decision, plea, or sentencing. | ||
(5) The right to be notified of the conviction, the | ||
sentence, the imprisonment and the release of the accused. | ||
(6) The right to the timely disposition of the case | ||
following the arrest of the accused. | ||
(7) The right to be reasonably protected from the | ||
accused through the criminal justice process. | ||
(7.5) The right to have the safety of the victim and |
the victim's family considered in determining whether to | ||
release the defendant and setting conditions of release | ||
after arrest and conviction. | ||
(8) The right to be present at the trial and all other | ||
court proceedings on the same basis as the accused, unless | ||
the victim is to testify and the court determines that the | ||
victim's testimony would be materially affected if the | ||
victim hears other testimony at the trial. | ||
(9) The right to have present at all court | ||
proceedings, including proceedings under the Juvenile | ||
Court Act of 1987, subject to the rules of evidence, an | ||
advocate and other support person of the victim's choice. | ||
(10) The right to restitution. | ||
(b) Any law enforcement agency that investigates an | ||
offense committed in this State shall provide a crime victim | ||
with a written statement and explanation of the rights of | ||
crime victims under this amendatory Act of the 99th General | ||
Assembly within 48 hours of law enforcement's initial contact | ||
with a victim. The statement shall include information about | ||
crime victim compensation, including how to contact the Office | ||
of the Illinois Attorney General to file a claim, and | ||
appropriate referrals to local and State programs that provide | ||
victim services. The content of the statement shall be | ||
provided to law enforcement by the Attorney General. Law | ||
enforcement shall also provide a crime victim with a sign-off | ||
sheet that the victim shall sign and date as an |
acknowledgement that he or she has been furnished with | ||
information and an explanation of the rights of crime victims | ||
and compensation set forth in this Act. | ||
(b-5) Upon the request of the victim, the law enforcement | ||
agency having jurisdiction shall provide a free copy of the | ||
police report concerning the victim's incident, as soon as | ||
practicable, but in no event later than 5 business days from | ||
the request. | ||
(c) The Clerk of the Circuit Court shall post the rights of | ||
crime victims set forth in Article I, Section 8.1(a) of the | ||
Illinois Constitution and subsection (a) of this Section | ||
within 3 feet of the door to any courtroom where criminal | ||
proceedings are conducted. The clerk may also post the rights | ||
in other locations in the courthouse. | ||
(d) At any point, the victim has the right to retain a | ||
victim's attorney who may be present during all stages of any | ||
interview, investigation, or other interaction with | ||
representatives of the criminal justice system. Treatment of | ||
the victim should not be affected or altered in any way as a | ||
result of the victim's decision to exercise this right. | ||
(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23 .) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. |