98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0001
 
Introduced , by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:



  
ILCON Art. 1, Sec. 8.1

 Proposes to amend the Bill of Rights Article of the Illinois Constitution concerning crime victim's rights. Provides that in addition to other rights provided in the Constitutional provision, a crime victim has the right to: (1) be free from harassment, intimidation, and abuse; (2) refuse to disclose information that is privileged or confidential by law; (3) timely notification of all court proceedings; (4) be heard at any proceeding involving a post-arraignment release decision, plea, sentencing, post-conviction or post-adjudication release decision, and any post-arraignment proceeding in which a right of the victim is at issue; (5) receive a report related to the defendant's sentence when available to the accused; and (6) 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. Provides that a victim, victim's lawyer, or the prosecuting attorney may assert the victim's constitutional rights in court. Provides that nothing in this Constitutional provision creates any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. Effective upon being declared adopted.



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1
HOUSE JOINT RESOLUTION


2
CONSTITUTIONAL AMENDMENT




3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
4NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
5SENATE CONCURRING HEREIN, that there shall be submitted to the 
6electors of the State for adoption or rejection at the general 
7election next occurring at least 6 months after the adoption of 
8this resolution a proposition to amend Section 8.1 of Article I 
9of the Illinois Constitution as follows: 


10
ARTICLE I  
11
BILL OF RIGHTS





12 (ILCON Art. 1, Sec. 8.1)



13SECTION 8.1. CRIME VICTIM'S RIGHTS. 

14 (a) Crime victims, as defined by law, shall have the 
15following rights as
provided by law:


16  (1) The right to be treated with fairness and respect 
17 for their
dignity and privacy and to be free from 
18 harassment, intimidation, and abuse throughout the 
19 criminal justice process.

20  (2) The right to refuse to disclose to the defendant 
21 information that is privileged or confidential by law, as 
22 determined by a court of law with jurisdiction over the 
23 case. 

 
 
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1  (3) (2) The right to timely notification of all court 
2 proceedings.


3  (4) (3) The right to confer communicate with the 
4 prosecution.


5  (5) (4) The right to be heard at any post-arraignment 
6 court proceeding in which a right of the victim is at issue 
7 and any court proceeding involving a post-arraignment 
8 release decision, plea, or sentencing make a statement to 
9 the court at sentencing.

10  (6) The right to have access to information in a report 
11 related to any aspect of a defendant's sentence when 
12 available to the defendant, as the General Assembly may 
13 provide by law. 

14  (7) (5) The right to be notified of information about 
15 the conviction, the sentence,
the imprisonment, and the 
16 release of the accused.


17  (8) (6) The right to timely disposition of the case 
18 following the arrest of the accused.


19  (9) (7) The right to be reasonably protected from the 
20 accused throughout
the criminal justice process.

21  (10) The right to have the safety of the victim and the 
22 victim's family considered in denying or fixing the amount 
23 of bail, determining whether to release the defendant, and 
24 setting conditions of release after arrest and conviction. 

25  (11) (8) The right to be present at the trial and all 
26 other court
proceedings on the same basis as the accused, 
 
 
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1 unless the victim is to
testify and the court determines 
2 that the victim's testimony would be
materially affected if 
3 the victim hears other testimony at the trial.


4  (12) (9) The right to have present at all court 
5 proceedings, subject to the
rules of evidence, an advocate 
6 and or other support person of the victim's choice.


7  (13) (10) The right to restitution.

8 (b) A victim, the victim's lawyer, or the prosecuting 
9attorney may assert the rights enumerated in subsection (a) in 
10any court with jurisdiction over the case as a matter of right. 
11The court shall act promptly on the request The General 
12Assembly may provide by law for the enforcement of this

13Section.

14 (c) The General Assembly may provide for an assessment 
15against convicted
defendants to pay for crime victims' rights.

16 (d) Nothing in this Section or any law enacted under this 
17Section creates a cause of action in equity or at law for 
18compensation, attorney's fees, or damages against the State, a 
19political subdivision of the State, an officer, employee, or 
20agent of the State or of any political subdivision of the 
21State, or an officer or employee of the court. or in any law 
22enacted under 
23 (e) Nothing in this Section
or any law enacted under this 
24Section shall be construed as creating (1) a basis for vacating 
25a conviction or (2) a
ground for any relief requested by the 
26defendant appellate relief in any criminal case.

 
 
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1(Source: Amendment adopted at general election November 3, 
21992.)