Bill Text: IL HJRCA0001 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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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1 | AMENDMENT TO HOUSE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT 1 | ||||||
3 | AMENDMENT NO. ___. Amend House Joint Resolution | ||||||
4 | Constitutional Amendment 1 by replacing lines 3 through 23 on | ||||||
5 | page 1 and all of pages 2 through 4 with the following:
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6 | "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
7 | NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | ||||||
8 | SENATE CONCURRING HEREIN, that there shall be submitted to the | ||||||
9 | electors of the State for adoption or rejection at the general | ||||||
10 | election next occurring at least 6 months after the adoption of | ||||||
11 | this resolution a proposition to amend Section 8.1 of Article I | ||||||
12 | of the Illinois Constitution as follows:
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13 | ARTICLE I | ||||||
14 | BILL OF RIGHTS
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15 | (ILCON Art. 1, Sec. 8.1)
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16 | SECTION 8.1. CRIME VICTIMS' VICTIM'S RIGHTS.
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1 | (a) Crime victims, as defined by law, shall have the | ||||||
2 | following rights as
provided by law :
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3 | (1) The right to be treated with fairness and respect | ||||||
4 | for their
dignity and privacy and to be free from | ||||||
5 | harassment, intimidation, and abuse throughout the | ||||||
6 | criminal justice process.
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7 | (2) The right to notice and to a hearing before a court | ||||||
8 | ruling on a request for access to any of the victim's | ||||||
9 | records, information, or communications which are | ||||||
10 | privileged or confidential by law.
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11 | (3) (2) The right to timely notification of all court | ||||||
12 | proceedings.
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13 | (4) (3) The right to communicate with the prosecution.
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14 | (5) (4) The right to be heard at any post-arraignment | ||||||
15 | court proceeding in which a right of the victim is at issue | ||||||
16 | and any court proceeding involving a post-arraignment | ||||||
17 | release decision, plea, or sentencing make a statement to | ||||||
18 | the court at sentencing .
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19 | (6) (5) The right to be notified of information about | ||||||
20 | the conviction, the sentence,
the imprisonment, and the | ||||||
21 | release of the accused.
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22 | (7) (6) The right to timely disposition of the case | ||||||
23 | following the arrest of the accused.
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24 | (8) (7) The right to be reasonably protected from the | ||||||
25 | accused throughout
the criminal justice process.
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26 | (9) The right to have the safety of the victim and the |
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1 | victim's family considered in denying or fixing the amount | ||||||
2 | of bail, determining whether to release the defendant, and | ||||||
3 | setting conditions of release after arrest and conviction.
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4 | (10) (8) The right to be present at the trial and all | ||||||
5 | other court
proceedings on the same basis as the accused, | ||||||
6 | unless the victim is to
testify and the court determines | ||||||
7 | that the victim's testimony would be
materially affected if | ||||||
8 | the victim hears other testimony at the trial.
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9 | (11) (9) The right to have present at all court | ||||||
10 | proceedings, subject to the
rules of evidence, an advocate | ||||||
11 | and or other support person of the victim's choice.
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12 | (12) (10) The right to restitution.
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13 | (b) The victim has standing to assert the rights enumerated | ||||||
14 | in subsection (a) in any court exercising
jurisdiction over the | ||||||
15 | case. The court shall promptly rule on a victim's request. The | ||||||
16 | victim does not
have party status. The accused does not have | ||||||
17 | standing to assert the rights of a victim. The court shall
not | ||||||
18 | appoint an attorney for the victim under this Section. Nothing | ||||||
19 | in this Section shall be construed to
alter the powers, duties, | ||||||
20 | and responsibilities of the prosecuting attorney The General | ||||||
21 | Assembly may provide by law for the enforcement of this
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22 | Section .
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23 | (c) The General Assembly may provide for an assessment | ||||||
24 | against convicted
defendants to pay for crime victims' rights.
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25 | (d) Nothing in this Section or any law enacted under this | ||||||
26 | Section creates a cause of action in equity or at law for |
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1 | compensation, attorney's fees, or damages against the State, a | ||||||
2 | political subdivision of the State, an officer, employee, or | ||||||
3 | agent of the State or of any political subdivision of the | ||||||
4 | State, or an officer or employee of the court. or in any law | ||||||
5 | enacted under | ||||||
6 | (e) Nothing in this Section
or any law enacted under this | ||||||
7 | Section shall be construed as creating (1) a basis for vacating | ||||||
8 | a conviction or (2) a
ground for any relief requested by the | ||||||
9 | defendant appellate relief in any criminal case .
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10 | (Source: Amendment adopted at general election November 3, | ||||||
11 | 1992.)
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