Bill Text: IL HJRCA0001 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 31-13)

Status: (Passed) 2014-04-10 - Adopted Both Houses [HJRCA0001 Detail]

Download: Illinois-2013-HJRCA0001-Amended.html

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HC0001HAM001 LRB098 02703 RLC 56634 a
AMENDMENT TO HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 1
AMENDMENT NO. ___. Amend House Joint Resolution
Constitutional Amendment 1 by replacing lines 3 through 23 on
page 1 and all of pages 2 through 4 with the following:
"RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to amend Section 8.1 of Article I
of the Illinois Constitution as follows:
ARTICLE I
BILL OF RIGHTS
(ILCON Art. 1, Sec. 8.1)
SECTION 8.1. CRIME VICTIMS' VICTIM'S RIGHTS.

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(a) Crime victims, as defined by law, shall have the
following rights as provided by law:
(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.
(2) The right to refuse to disclose to the defendant
information that is privileged or confidential by law, as
determined by a court of law with jurisdiction over the
case.
(3) (2) The right to timely notification of all court
proceedings.
(4) (3) The right to communicate with the prosecution.
(5) (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 make a statement to
the court at sentencing.
(6) The right to have access to information in a report
related to any aspect of a defendant's sentence when
available to the defendant, as the General Assembly may
provide by law.
(7) (5) The right to be notified of information about
the conviction, the sentence, the imprisonment, and the
release of the accused.
(8) (6) The right to timely disposition of the case

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following the arrest of the accused.
(9) (7) The right to be reasonably protected from the
accused throughout the criminal justice process.
(10) 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.
(11) (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.
(12) (9) The right to have present at all court
proceedings, subject to the rules of evidence, an advocate
and or other support person of the victim's choice.
(13) (10) The right to restitution.
(b) The victim has standing to assert the rights enumerated
in subsection (a) in any court exercising jurisdiction over the
case. The court shall promptly rule on a victim's request. The
victim does not have party status. The accused does not have
standing to assert the rights of a victim. The court shall not
appoint an attorney for the victim under this Section. Nothing
in this Section shall be construed to alter the powers, duties,
and responsibilities of the prosecuting attorney The General
Assembly may provide by law for the enforcement of this
Section.

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(c) The General Assembly may provide for an assessment
against convicted defendants to pay for crime victims' rights.
(d) Nothing in this Section or any law enacted under this
Section creates a cause of action in equity or at law for
compensation, attorney's fees, or damages against the State, a
political subdivision of the State, an officer, employee, or
agent of the State or of any political subdivision of the
State, or an officer or employee of the court. or in any law
enacted under
(e) Nothing in this Section or any law enacted under this
Section shall be construed as creating (1) a basis for vacating
a conviction or (2) a ground for any relief requested by the
defendant appellate relief in any criminal case.
(Source: Amendment adopted at general election November 3,
1992.)