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| Public Act 103-0792
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| HB1168 Enrolled | LRB103 04746 RLC 49755 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Rights of Crime Victims and Witnesses Act |
is amended by changing Sections 3 and 4 as follows:
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(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 |
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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 |
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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 |
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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 |
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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.)
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(Text of Section after amendment by P.A. 102-982) |
Sec. 3. The terms used in this Act shall have the following |
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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. |
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(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 |
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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 |
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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 |
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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.)
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(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 |
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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 |
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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 |
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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.)
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