Bill Text: IL HB5812 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to notice if the accused violates a condition of pretrial release.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-11-16 - Referred to Rules Committee [HB5812 Detail]

Download: Illinois-2021-HB5812-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5812 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
725 ILCS 120/4 from Ch. 38, par. 1404
Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to notice if the accused violates a condition of pretrial release.
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A BILL FOR
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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 Section 4 as follows:
(725 ILCS 120/4) (from Ch. 38, par. 1404)
(Text of Section before amendment by P.A. 101-652)
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.
(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

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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 denying or fixing the
amount of bail, 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

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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

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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. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19.)
(Text of Section after amendment by P.A. 101-652)
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.
(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

HB5812 - 5 - LRB102 28969 RLC 40868 b
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.
(11) The right to notice if the accused violates a
condition of pretrial release.
(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

HB5812 - 6 - LRB102 28969 RLC 40868 b
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.

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(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.