Illinois 2023-2024 Regular Session

Illinois House Bill HB1168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0792
2	1		HB1168 EnrolledLRB103 04746 RLC 49755 b HB1168 Enrolled LRB103 04746 RLC 49755 b
3	2		HB1168 Enrolled LRB103 04746 RLC 49755 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Rights of Crime Victims and Witnesses Act
8		-	is amended by changing Sections 3 and 4 as follows:
9		-	(725 ILCS 120/3) (from Ch. 38, par. 1403)
10		-	(Text of Section before amendment by P.A. 102-982)
11		-	Sec. 3. The terms used in this Act shall have the following
12		-	meanings:
13		-	(a) "Crime victim" or "victim" means: (1) any natural
14		-	person determined by the prosecutor or the court to have
15		-	suffered direct physical or psychological harm as a result of
16		-	a violent crime perpetrated or attempted against that person
17		-	or direct physical or psychological harm as a result of (i) a
18		-	violation of Section 11-501 of the Illinois Vehicle Code or
19		-	similar provision of a local ordinance or (ii) a violation of
20		-	Section 9-3 of the Criminal Code of 1961 or the Criminal Code
21		-	of 2012; (2) in the case of a crime victim who is under 18
22		-	years of age or an adult victim who is incompetent or
23		-	incapacitated, both parents, legal guardians, foster parents,
24		-	or a single adult representative; (3) in the case of an adult
25		-	deceased victim, 2 representatives who may be the spouse,
26		-	parent, child or sibling of the victim, or the representative
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Rights of Crime Victims and Witnesses Act
	7	+	5 is amended by changing Sections 3 and 4 as follows:
	8	+	6 (725 ILCS 120/3) (from Ch. 38, par. 1403)
	9	+	7 (Text of Section before amendment by P.A. 102-982)
	10	+	8 Sec. 3. The terms used in this Act shall have the following
	11	+	9 meanings:
	12	+	10 (a) "Crime victim" or "victim" means: (1) any natural
	13	+	11 person determined by the prosecutor or the court to have
	14	+	12 suffered direct physical or psychological harm as a result of
	15	+	13 a violent crime perpetrated or attempted against that person
	16	+	14 or direct physical or psychological harm as a result of (i) a
	17	+	15 violation of Section 11-501 of the Illinois Vehicle Code or
	18	+	16 similar provision of a local ordinance or (ii) a violation of
	19	+	17 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
	20	+	18 of 2012; (2) in the case of a crime victim who is under 18
	21	+	19 years of age or an adult victim who is incompetent or
	22	+	20 incapacitated, both parents, legal guardians, foster parents,
	23	+	21 or a single adult representative; (3) in the case of an adult
	24	+	22 deceased victim, 2 representatives who may be the spouse,
	25	+	23 parent, child or sibling of the victim, or the representative
27	26
28	27
29	28
30	29		HB1168 Enrolled LRB103 04746 RLC 49755 b
31	30
32	31
33		-	of the victim's estate; and (4) an immediate family member of a
34		-	victim under clause (1) of this paragraph (a) chosen by the
35		-	victim. If the victim is 18 years of age or over, the victim
36		-	may choose any person to be the victim's representative. In no
37		-	event shall the defendant or any person who aided and abetted
38		-	in the commission of the crime be considered a victim, a crime
39		-	victim, or a representative of the victim.
40		-	A board, agency, or other governmental entity making
41		-	decisions regarding an offender's release, sentence reduction,
42		-	or clemency can determine additional persons are victims for
43		-	the purpose of its proceedings.
44		-	(a-3) "Advocate" means a person whose communications with
45		-	the victim are privileged under Section 8-802.1 or 8-802.2 of
46		-	the Code of Civil Procedure, or Section 227 of the Illinois
47		-	Domestic Violence Act of 1986.
48		-	(a-5) "Confer" means to consult together, share
49		-	information, compare opinions and carry on a discussion or
50		-	deliberation.
51		-	(a-7) "Sentence" includes, but is not limited to, the
52		-	imposition of sentence, a request for a reduction in sentence,
53		-	parole, mandatory supervised release, aftercare release, early
54		-	release, inpatient treatment, outpatient treatment,
55		-	conditional release after a finding that the defendant is not
56		-	guilty by reason of insanity, clemency, or a proposal that
57		-	would reduce the defendant's sentence or result in the
58		-	defendant's release. "Early release" refers to a discretionary
	32	+	HB1168 Enrolled- 2 -LRB103 04746 RLC 49755 b HB1168 Enrolled - 2 - LRB103 04746 RLC 49755 b
	33	+	HB1168 Enrolled - 2 - LRB103 04746 RLC 49755 b
	34	+	1 of the victim's estate; and (4) an immediate family member of a
	35	+	2 victim under clause (1) of this paragraph (a) chosen by the
	36	+	3 victim. If the victim is 18 years of age or over, the victim
	37	+	4 may choose any person to be the victim's representative. In no
	38	+	5 event shall the defendant or any person who aided and abetted
	39	+	6 in the commission of the crime be considered a victim, a crime
	40	+	7 victim, or a representative of the victim.
	41	+	8 A board, agency, or other governmental entity making
	42	+	9 decisions regarding an offender's release, sentence reduction,
	43	+	10 or clemency can determine additional persons are victims for
	44	+	11 the purpose of its proceedings.
	45	+	12 (a-3) "Advocate" means a person whose communications with
	46	+	13 the victim are privileged under Section 8-802.1 or 8-802.2 of
	47	+	14 the Code of Civil Procedure, or Section 227 of the Illinois
	48	+	15 Domestic Violence Act of 1986.
	49	+	16 (a-5) "Confer" means to consult together, share
	50	+	17 information, compare opinions and carry on a discussion or
	51	+	18 deliberation.
	52	+	19 (a-7) "Sentence" includes, but is not limited to, the
	53	+	20 imposition of sentence, a request for a reduction in sentence,
	54	+	21 parole, mandatory supervised release, aftercare release, early
	55	+	22 release, inpatient treatment, outpatient treatment,
	56	+	23 conditional release after a finding that the defendant is not
	57	+	24 guilty by reason of insanity, clemency, or a proposal that
	58	+	25 would reduce the defendant's sentence or result in the
	59	+	26 defendant's release. "Early release" refers to a discretionary
59	60
60	61
61		-	release.
62		-	(a-9) "Sentencing" includes, but is not limited to, the
63		-	imposition of sentence and a request for a reduction in
64		-	sentence, parole, mandatory supervised release, aftercare
65		-	release, early release, consideration of inpatient treatment
66		-	or outpatient treatment, or conditional release after a
67		-	finding that the defendant is not guilty by reason of
68		-	insanity.
69		-	(a-10) "Status hearing" means a hearing designed to
70		-	provide information to the court, at which no motion of a
71		-	substantive nature and no constitutional or statutory right of
72		-	a crime victim is implicated or at issue.
73		-	(b) "Witness" means: any person who personally observed
74		-	the commission of a crime and who will testify on behalf of the
75		-	State of Illinois; or a person who will be called by the
76		-	prosecution to give testimony establishing a necessary nexus
77		-	between the offender and the violent crime.
78		-	(c) "Violent crime" means: (1) any felony in which force
79		-	or threat of force was used against the victim; (2) any offense
80		-	involving sexual exploitation, sexual conduct, or sexual
81		-	penetration; (3) a violation of Section 11-20.1, 11-20.1B,
82		-	11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
83		-	Criminal Code of 2012; (4) domestic battery or stalking; (5)
84		-	violation of an order of protection, a civil no contact order,
85		-	or a stalking no contact order; (6) any misdemeanor which
86		-	results in death or great bodily harm to the victim; or (7) any
87	62
88	63
89		-	violation of Section 9-3 of the Criminal Code of 1961 or the
90		-	Criminal Code of 2012, or Section 11-501 of the Illinois
91		-	Vehicle Code, or a similar provision of a local ordinance, if
92		-	the violation resulted in personal injury or death. "Violent
93		-	crime" includes any action committed by a juvenile that would
94		-	be a violent crime if committed by an adult. For the purposes
95		-	of this paragraph, "personal injury" shall include any Type A
96		-	injury as indicated on the traffic accident report completed
97		-	by a law enforcement officer that requires immediate
98		-	professional attention in either a doctor's office or medical
99		-	facility. A type A injury shall include severely bleeding
100		-	wounds, distorted extremities, and injuries that require the
101		-	injured party to be carried from the scene.
102		-	(d) (Blank).
103		-	(e) "Court proceedings" includes, but is not limited to,
104		-	the preliminary hearing, any post-arraignment hearing the
105		-	effect of which may be the release of the defendant from
106		-	custody or to alter the conditions of bond, change of plea
107		-	hearing, the trial, any pretrial or post-trial hearing,
108		-	sentencing, any oral argument or hearing before an Illinois
109		-	appellate court, any hearing under the Mental Health and
110		-	Developmental Disabilities Code or Section 5-2-4 of the
111		-	Unified Code of Corrections after a finding that the defendant
112		-	is not guilty by reason of insanity, including a hearing for
113		-	conditional release, any hearing related to a modification of
114		-	sentence, probation revocation hearing, aftercare release or
	64	+
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115	66
116	67
117		-	parole hearings, post-conviction relief proceedings, habeas
118		-	corpus proceedings and clemency proceedings related to the
119		-	defendant's conviction or sentence. For purposes of the
120		-	victim's right to be present, "court proceedings" does not
121		-	include (1) hearings under Section 109-1 of the Code of
122		-	Criminal Procedure of 1963, (2) grand jury proceedings, (3)
123		-	status hearings, or (4) the issuance of an order or decision of
124		-	an Illinois court that dismisses a charge, reverses a
125		-	conviction, reduces a sentence, or releases an offender under
126		-	a court rule.
127		-	(f) "Concerned citizen" includes relatives of the victim,
128		-	friends of the victim, witnesses to the crime, or any other
129		-	person associated with the victim or prisoner.
130		-	(g) "Victim's attorney" means an attorney retained by the
131		-	victim for the purposes of asserting the victim's
132		-	constitutional and statutory rights. An attorney retained by
133		-	the victim means an attorney who is hired to represent the
134		-	victim at the victim's expense or an attorney who has agreed to
135		-	provide pro bono representation. Nothing in this statute
136		-	creates a right to counsel at public expense for a victim.
137		-	(h) "Support person" means a person chosen by a victim to
138		-	be present at court proceedings.
139		-	(Source: P.A. 102-1104, eff. 1-1-23.)
140		-	(Text of Section after amendment by P.A. 102-982)
141		-	Sec. 3. The terms used in this Act shall have the following
	68	+	HB1168 Enrolled- 3 -LRB103 04746 RLC 49755 b HB1168 Enrolled - 3 - LRB103 04746 RLC 49755 b
	69	+	HB1168 Enrolled - 3 - LRB103 04746 RLC 49755 b
	70	+	1 release.
	71	+	2 (a-9) "Sentencing" includes, but is not limited to, the
	72	+	3 imposition of sentence and a request for a reduction in
	73	+	4 sentence, parole, mandatory supervised release, aftercare
	74	+	5 release, early release, consideration of inpatient treatment
	75	+	6 or outpatient treatment, or conditional release after a
	76	+	7 finding that the defendant is not guilty by reason of
	77	+	8 insanity.
	78	+	9 (a-10) "Status hearing" means a hearing designed to
	79	+	10 provide information to the court, at which no motion of a
	80	+	11 substantive nature and no constitutional or statutory right of
	81	+	12 a crime victim is implicated or at issue.
	82	+	13 (b) "Witness" means: any person who personally observed
	83	+	14 the commission of a crime and who will testify on behalf of the
	84	+	15 State of Illinois; or a person who will be called by the
	85	+	16 prosecution to give testimony establishing a necessary nexus
	86	+	17 between the offender and the violent crime.
	87	+	18 (c) "Violent crime" means: (1) any felony in which force
	88	+	19 or threat of force was used against the victim; (2) any offense
	89	+	20 involving sexual exploitation, sexual conduct, or sexual
	90	+	21 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
	91	+	22 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
	92	+	23 Criminal Code of 2012; (4) domestic battery or stalking; (5)
	93	+	24 violation of an order of protection, a civil no contact order,
	94	+	25 or a stalking no contact order; (6) any misdemeanor which
	95	+	26 results in death or great bodily harm to the victim; or (7) any
142	96
143	97
144		-	meanings:
145		-	(a) "Crime victim" or "victim" means: (1) any natural
146		-	person determined by the prosecutor or the court to have
147		-	suffered direct physical or psychological harm as a result of
148		-	a violent crime perpetrated or attempted against that person
149		-	or direct physical or psychological harm as a result of (i) a
150		-	violation of Section 11-501 of the Illinois Vehicle Code or
151		-	similar provision of a local ordinance or (ii) a violation of
152		-	Section 9-3 of the Criminal Code of 1961 or the Criminal Code
153		-	of 2012; (2) in the case of a crime victim who is under 18
154		-	years of age or an adult victim who is incompetent or
155		-	incapacitated, both parents, legal guardians, foster parents,
156		-	or a single adult representative; (3) in the case of an adult
157		-	deceased victim, 2 representatives who may be the spouse,
158		-	parent, child or sibling of the victim, or the representative
159		-	of the victim's estate; and (4) an immediate family member of a
160		-	victim under clause (1) of this paragraph (a) chosen by the
161		-	victim. If the victim is 18 years of age or over, the victim
162		-	may choose any person to be the victim's representative. In no
163		-	event shall the defendant or any person who aided and abetted
164		-	in the commission of the crime be considered a victim, a crime
165		-	victim, or a representative of the victim.
166		-	A board, agency, or other governmental entity making
167		-	decisions regarding an offender's release, sentence reduction,
168		-	or clemency can determine additional persons are victims for
169		-	the purpose of its proceedings.
170	98
171	99
172		-	(a-3) "Advocate" means a person whose communications with
173		-	the victim are privileged under Section 8-802.1 or 8-802.2 of
174		-	the Code of Civil Procedure, or Section 227 of the Illinois
175		-	Domestic Violence Act of 1986.
176		-	(a-5) "Confer" means to consult together, share
177		-	information, compare opinions and carry on a discussion or
178		-	deliberation.
179		-	(a-6) "DNA database" means a collection of DNA profiles
180		-	from forensic casework or specimens from anonymous,
181		-	identified, and unidentified sources that is created to search
182		-	DNA records against each other to develop investigative leads
183		-	among forensic cases.
184		-	(a-7) "Sentence" includes, but is not limited to, the
185		-	imposition of sentence, a request for a reduction in sentence,
186		-	parole, mandatory supervised release, aftercare release, early
187		-	release, inpatient treatment, outpatient treatment,
188		-	conditional release after a finding that the defendant is not
189		-	guilty by reason of insanity, clemency, or a proposal that
190		-	would reduce the defendant's sentence or result in the
191		-	defendant's release. "Early release" refers to a discretionary
192		-	release.
193		-	(a-9) "Sentencing" includes, but is not limited to, the
194		-	imposition of sentence and a request for a reduction in
195		-	sentence, parole, mandatory supervised release, aftercare
196		-	release, early release, consideration of inpatient treatment
197		-	or outpatient treatment, or conditional release after a
	100	+
	101	+	HB1168 Enrolled - 3 - LRB103 04746 RLC 49755 b
198	102
199	103
200		-	finding that the defendant is not guilty by reason of
201		-	insanity.
202		-	(a-10) "Status hearing" means a hearing designed to
203		-	provide information to the court, at which no motion of a
204		-	substantive nature and no constitutional or statutory right of
205		-	a crime victim is implicated or at issue.
206		-	(b) "Witness" means: any person who personally observed
207		-	the commission of a crime and who will testify on behalf of the
208		-	State of Illinois; or a person who will be called by the
209		-	prosecution to give testimony establishing a necessary nexus
210		-	between the offender and the violent crime.
211		-	(c) "Violent crime" means: (1) any felony in which force
212		-	or threat of force was used against the victim; (2) any offense
213		-	involving sexual exploitation, sexual conduct, or sexual
214		-	penetration; (3) a violation of Section 11-20.1, 11-20.1B,
215		-	11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
216		-	Criminal Code of 2012; (4) domestic battery or stalking; (5)
217		-	violation of an order of protection, a civil no contact order,
218		-	or a stalking no contact order; (6) any misdemeanor which
219		-	results in death or great bodily harm to the victim; or (7) any
220		-	violation of Section 9-3 of the Criminal Code of 1961 or the
221		-	Criminal Code of 2012, or Section 11-501 of the Illinois
222		-	Vehicle Code, or a similar provision of a local ordinance, if
223		-	the violation resulted in personal injury or death. "Violent
224		-	crime" includes any action committed by a juvenile that would
225		-	be a violent crime if committed by an adult. For the purposes
	104	+	HB1168 Enrolled- 4 -LRB103 04746 RLC 49755 b HB1168 Enrolled - 4 - LRB103 04746 RLC 49755 b
	105	+	HB1168 Enrolled - 4 - LRB103 04746 RLC 49755 b
	106	+	1 violation of Section 9-3 of the Criminal Code of 1961 or the
	107	+	2 Criminal Code of 2012, or Section 11-501 of the Illinois
	108	+	3 Vehicle Code, or a similar provision of a local ordinance, if
	109	+	4 the violation resulted in personal injury or death. "Violent
	110	+	5 crime" includes any action committed by a juvenile that would
	111	+	6 be a violent crime if committed by an adult. For the purposes
	112	+	7 of this paragraph, "personal injury" shall include any Type A
	113	+	8 injury as indicated on the traffic accident report completed
	114	+	9 by a law enforcement officer that requires immediate
	115	+	10 professional attention in either a doctor's office or medical
	116	+	11 facility. A type A injury shall include severely bleeding
	117	+	12 wounds, distorted extremities, and injuries that require the
	118	+	13 injured party to be carried from the scene.
	119	+	14 (d) (Blank).
	120	+	15 (e) "Court proceedings" includes, but is not limited to,
	121	+	16 the preliminary hearing, any post-arraignment hearing the
	122	+	17 effect of which may be the release of the defendant from
	123	+	18 custody or to alter the conditions of bond, change of plea
	124	+	19 hearing, the trial, any pretrial or post-trial hearing,
	125	+	20 sentencing, any oral argument or hearing before an Illinois
	126	+	21 appellate court, any hearing under the Mental Health and
	127	+	22 Developmental Disabilities Code or Section 5-2-4 of the
	128	+	23 Unified Code of Corrections after a finding that the defendant
	129	+	24 is not guilty by reason of insanity, including a hearing for
	130	+	25 conditional release, any hearing related to a modification of
	131	+	26 sentence, probation revocation hearing, aftercare release or
226	132
227	133
228		-	of this paragraph, "personal injury" shall include any Type A
229		-	injury as indicated on the traffic crash report completed by a
230		-	law enforcement officer that requires immediate professional
231		-	attention in either a doctor's office or medical facility. A
232		-	type A injury shall include severely bleeding wounds,
233		-	distorted extremities, and injuries that require the injured
234		-	party to be carried from the scene.
235		-	(d) (Blank).
236		-	(e) "Court proceedings" includes, but is not limited to,
237		-	the preliminary hearing, any post-arraignment hearing the
238		-	effect of which may be the release of the defendant from
239		-	custody or to alter the conditions of bond, change of plea
240		-	hearing, the trial, any pretrial or post-trial hearing,
241		-	sentencing, any oral argument or hearing before an Illinois
242		-	appellate court, any hearing under the Mental Health and
243		-	Developmental Disabilities Code or Section 5-2-4 of the
244		-	Unified Code of Corrections after a finding that the defendant
245		-	is not guilty by reason of insanity, including a hearing for
246		-	conditional release, any hearing related to a modification of
247		-	sentence, probation revocation hearing, aftercare release or
248		-	parole hearings, post-conviction relief proceedings, habeas
249		-	corpus proceedings and clemency proceedings related to the
250		-	defendant's conviction or sentence. For purposes of the
251		-	victim's right to be present, "court proceedings" does not
252		-	include (1) grand jury proceedings, (2) status hearings, or
253		-	(3) the issuance of an order or decision of an Illinois court
254	134
255	135
256		-	that dismisses a charge, reverses a conviction, reduces a
257		-	sentence, or releases an offender under a court rule.
258		-	(f) "Concerned citizen" includes relatives of the victim,
259		-	friends of the victim, witnesses to the crime, or any other
260		-	person associated with the victim or prisoner.
261		-	(g) "Victim's attorney" means an attorney retained by the
262		-	victim for the purposes of asserting the victim's
263		-	constitutional and statutory rights. An attorney retained by
264		-	the victim means an attorney who is hired to represent the
265		-	victim at the victim's expense or an attorney who has agreed to
266		-	provide pro bono representation. Nothing in this statute
267		-	creates a right to counsel at public expense for a victim.
268		-	(h) "Support person" means a person chosen by a victim to
269		-	be present at court proceedings.
270		-	(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
271		-	(725 ILCS 120/4) (from Ch. 38, par. 1404)
272		-	Sec. 4. Rights of crime victims.
273		-	(a) Crime victims shall have the following rights:
274		-	(1) The right to be treated with fairness and respect
275		-	for their dignity and privacy and to be free from
276		-	harassment, intimidation, and abuse throughout the
277		-	criminal justice process.
278		-	(1.5) The right to notice and to a hearing before a
279		-	court ruling on a request for access to any of the victim's
280		-	records, information, or communications which are
	136	+
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281	138
282	139
283		-	privileged or confidential by law.
284		-	(1.6) Except as otherwise provided in Section 9.5 of
285		-	the Criminal Identification Act or Section 3-3013 of the
286		-	Counties Code, whenever a person's DNA profile is
287		-	collected due to the person being a victim of a crime, as
288		-	identified by law enforcement, that specific profile
289		-	collected in conjunction with that criminal investigation
290		-	shall not be entered into any DNA database. Nothing in
291		-	this paragraph (1.6) shall be interpreted to contradict
292		-	rules and regulations developed by the Federal Bureau of
293		-	Investigation relating to the National DNA Index System or
294		-	Combined DNA Index System.
295		-	(2) The right to timely notification of all court
296		-	proceedings.
297		-	(3) The right to communicate with the prosecution.
298		-	(4) The right to be heard at any post-arraignment
299		-	court proceeding in which a right of the victim is at issue
300		-	and any court proceeding involving a post-arraignment
301		-	release decision, plea, or sentencing.
302		-	(5) The right to be notified of the conviction, the
303		-	sentence, the imprisonment and the release of the accused.
304		-	(6) The right to the timely disposition of the case
305		-	following the arrest of the accused.
306		-	(7) The right to be reasonably protected from the
307		-	accused through the criminal justice process.
308		-	(7.5) The right to have the safety of the victim and
	140	+	HB1168 Enrolled- 5 -LRB103 04746 RLC 49755 b HB1168 Enrolled - 5 - LRB103 04746 RLC 49755 b
	141	+	HB1168 Enrolled - 5 - LRB103 04746 RLC 49755 b
	142	+	1 parole hearings, post-conviction relief proceedings, habeas
	143	+	2 corpus proceedings and clemency proceedings related to the
	144	+	3 defendant's conviction or sentence. For purposes of the
	145	+	4 victim's right to be present, "court proceedings" does not
	146	+	5 include (1) hearings under Section 109-1 of the Code of
	147	+	6 Criminal Procedure of 1963, (2) grand jury proceedings, (3)
	148	+	7 status hearings, or (4) the issuance of an order or decision of
	149	+	8 an Illinois court that dismisses a charge, reverses a
	150	+	9 conviction, reduces a sentence, or releases an offender under
	151	+	10 a court rule.
	152	+	11 (f) "Concerned citizen" includes relatives of the victim,
	153	+	12 friends of the victim, witnesses to the crime, or any other
	154	+	13 person associated with the victim or prisoner.
	155	+	14 (g) "Victim's attorney" means an attorney retained by the
	156	+	15 victim for the purposes of asserting the victim's
	157	+	16 constitutional and statutory rights. An attorney retained by
	158	+	17 the victim means an attorney who is hired to represent the
	159	+	18 victim at the victim's expense or an attorney who has agreed to
	160	+	19 provide pro bono representation. Nothing in this statute
	161	+	20 creates a right to counsel at public expense for a victim.
	162	+	21 (h) "Support person" means a person chosen by a victim to
	163	+	22 be present at court proceedings.
	164	+	23 (Source: P.A. 102-1104, eff. 1-1-23.)
	165	+	24 (Text of Section after amendment by P.A. 102-982)
	166	+	25 Sec. 3. The terms used in this Act shall have the following
309	167
310	168
311		-	the victim's family considered in determining whether to
312		-	release the defendant and setting conditions of release
313		-	after arrest and conviction.
314		-	(8) The right to be present at the trial and all other
315		-	court proceedings on the same basis as the accused, unless
316		-	the victim is to testify and the court determines that the
317		-	victim's testimony would be materially affected if the
318		-	victim hears other testimony at the trial.
319		-	(9) The right to have present at all court
320		-	proceedings, including proceedings under the Juvenile
321		-	Court Act of 1987, subject to the rules of evidence, an
322		-	advocate and other support person of the victim's choice.
323		-	(10) The right to restitution.
324		-	(b) Any law enforcement agency that investigates an
325		-	offense committed in this State shall provide a crime victim
326		-	with a written statement and explanation of the rights of
327		-	crime victims under this amendatory Act of the 99th General
328		-	Assembly within 48 hours of law enforcement's initial contact
329		-	with a victim. The statement shall include information about
330		-	crime victim compensation, including how to contact the Office
331		-	of the Illinois Attorney General to file a claim, and
332		-	appropriate referrals to local and State programs that provide
333		-	victim services. The content of the statement shall be
334		-	provided to law enforcement by the Attorney General. Law
335		-	enforcement shall also provide a crime victim with a sign-off
336		-	sheet that the victim shall sign and date as an
337	169
338	170
339		-	acknowledgement that he or she has been furnished with
340		-	information and an explanation of the rights of crime victims
341		-	and compensation set forth in this Act.
342		-	(b-5) Upon the request of the victim, the law enforcement
343		-	agency having jurisdiction shall provide a free copy of the
344		-	police report concerning the victim's incident, as soon as
345		-	practicable, but in no event later than 5 business days from
346		-	the request.
347		-	(c) The Clerk of the Circuit Court shall post the rights of
348		-	crime victims set forth in Article I, Section 8.1(a) of the
349		-	Illinois Constitution and subsection (a) of this Section
350		-	within 3 feet of the door to any courtroom where criminal
351		-	proceedings are conducted. The clerk may also post the rights
352		-	in other locations in the courthouse.
353		-	(d) At any point, the victim has the right to retain a
354		-	victim's attorney who may be present during all stages of any
355		-	interview, investigation, or other interaction with
356		-	representatives of the criminal justice system. Treatment of
357		-	the victim should not be affected or altered in any way as a
358		-	result of the victim's decision to exercise this right.
359		-	(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
	171	+
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	173	+
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	176	+	HB1168 Enrolled - 6 - LRB103 04746 RLC 49755 b
	177	+	1 meanings:
	178	+	2 (a) "Crime victim" or "victim" means: (1) any natural
	179	+	3 person determined by the prosecutor or the court to have
	180	+	4 suffered direct physical or psychological harm as a result of
	181	+	5 a violent crime perpetrated or attempted against that person
	182	+	6 or direct physical or psychological harm as a result of (i) a
	183	+	7 violation of Section 11-501 of the Illinois Vehicle Code or
	184	+	8 similar provision of a local ordinance or (ii) a violation of
	185	+	9 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
	186	+	10 of 2012; (2) in the case of a crime victim who is under 18
	187	+	11 years of age or an adult victim who is incompetent or
	188	+	12 incapacitated, both parents, legal guardians, foster parents,
	189	+	13 or a single adult representative; (3) in the case of an adult
	190	+	14 deceased victim, 2 representatives who may be the spouse,
	191	+	15 parent, child or sibling of the victim, or the representative
	192	+	16 of the victim's estate; and (4) an immediate family member of a
	193	+	17 victim under clause (1) of this paragraph (a) chosen by the
	194	+	18 victim. If the victim is 18 years of age or over, the victim
	195	+	19 may choose any person to be the victim's representative. In no
	196	+	20 event shall the defendant or any person who aided and abetted
	197	+	21 in the commission of the crime be considered a victim, a crime
	198	+	22 victim, or a representative of the victim.
	199	+	23 A board, agency, or other governmental entity making
	200	+	24 decisions regarding an offender's release, sentence reduction,
	201	+	25 or clemency can determine additional persons are victims for
	202	+	26 the purpose of its proceedings.
	203	+
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	212	+	HB1168 Enrolled - 7 - LRB103 04746 RLC 49755 b
	213	+	1 (a-3) "Advocate" means a person whose communications with
	214	+	2 the victim are privileged under Section 8-802.1 or 8-802.2 of
	215	+	3 the Code of Civil Procedure, or Section 227 of the Illinois
	216	+	4 Domestic Violence Act of 1986.
	217	+	5 (a-5) "Confer" means to consult together, share
	218	+	6 information, compare opinions and carry on a discussion or
	219	+	7 deliberation.
	220	+	8 (a-6) "DNA database" means a collection of DNA profiles
	221	+	9 from forensic casework or specimens from anonymous,
	222	+	10 identified, and unidentified sources that is created to search
	223	+	11 DNA records against each other to develop investigative leads
	224	+	12 among forensic cases.
	225	+	13 (a-7) "Sentence" includes, but is not limited to, the
	226	+	14 imposition of sentence, a request for a reduction in sentence,
	227	+	15 parole, mandatory supervised release, aftercare release, early
	228	+	16 release, inpatient treatment, outpatient treatment,
	229	+	17 conditional release after a finding that the defendant is not
	230	+	18 guilty by reason of insanity, clemency, or a proposal that
	231	+	19 would reduce the defendant's sentence or result in the
	232	+	20 defendant's release. "Early release" refers to a discretionary
	233	+	21 release.
	234	+	22 (a-9) "Sentencing" includes, but is not limited to, the
	235	+	23 imposition of sentence and a request for a reduction in
	236	+	24 sentence, parole, mandatory supervised release, aftercare
	237	+	25 release, early release, consideration of inpatient treatment
	238	+	26 or outpatient treatment, or conditional release after a
	239	+
	240	+
	241	+
	242	+
	243	+
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	245	+
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	249	+	1 finding that the defendant is not guilty by reason of
	250	+	2 insanity.
	251	+	3 (a-10) "Status hearing" means a hearing designed to
	252	+	4 provide information to the court, at which no motion of a
	253	+	5 substantive nature and no constitutional or statutory right of
	254	+	6 a crime victim is implicated or at issue.
	255	+	7 (b) "Witness" means: any person who personally observed
	256	+	8 the commission of a crime and who will testify on behalf of the
	257	+	9 State of Illinois; or a person who will be called by the
	258	+	10 prosecution to give testimony establishing a necessary nexus
	259	+	11 between the offender and the violent crime.
	260	+	12 (c) "Violent crime" means: (1) any felony in which force
	261	+	13 or threat of force was used against the victim; (2) any offense
	262	+	14 involving sexual exploitation, sexual conduct, or sexual
	263	+	15 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
	264	+	16 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
	265	+	17 Criminal Code of 2012; (4) domestic battery or stalking; (5)
	266	+	18 violation of an order of protection, a civil no contact order,
	267	+	19 or a stalking no contact order; (6) any misdemeanor which
	268	+	20 results in death or great bodily harm to the victim; or (7) any
	269	+	21 violation of Section 9-3 of the Criminal Code of 1961 or the
	270	+	22 Criminal Code of 2012, or Section 11-501 of the Illinois
	271	+	23 Vehicle Code, or a similar provision of a local ordinance, if
	272	+	24 the violation resulted in personal injury or death. "Violent
	273	+	25 crime" includes any action committed by a juvenile that would
	274	+	26 be a violent crime if committed by an adult. For the purposes
	275	+
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	285	+	1 of this paragraph, "personal injury" shall include any Type A
	286	+	2 injury as indicated on the traffic crash report completed by a
	287	+	3 law enforcement officer that requires immediate professional
	288	+	4 attention in either a doctor's office or medical facility. A
	289	+	5 type A injury shall include severely bleeding wounds,
	290	+	6 distorted extremities, and injuries that require the injured
	291	+	7 party to be carried from the scene.
	292	+	8 (d) (Blank).
	293	+	9 (e) "Court proceedings" includes, but is not limited to,
	294	+	10 the preliminary hearing, any post-arraignment hearing the
	295	+	11 effect of which may be the release of the defendant from
	296	+	12 custody or to alter the conditions of bond, change of plea
	297	+	13 hearing, the trial, any pretrial or post-trial hearing,
	298	+	14 sentencing, any oral argument or hearing before an Illinois
	299	+	15 appellate court, any hearing under the Mental Health and
	300	+	16 Developmental Disabilities Code or Section 5-2-4 of the
	301	+	17 Unified Code of Corrections after a finding that the defendant
	302	+	18 is not guilty by reason of insanity, including a hearing for
	303	+	19 conditional release, any hearing related to a modification of
	304	+	20 sentence, probation revocation hearing, aftercare release or
	305	+	21 parole hearings, post-conviction relief proceedings, habeas
	306	+	22 corpus proceedings and clemency proceedings related to the
	307	+	23 defendant's conviction or sentence. For purposes of the
	308	+	24 victim's right to be present, "court proceedings" does not
	309	+	25 include (1) grand jury proceedings, (2) status hearings, or
	310	+	26 (3) the issuance of an order or decision of an Illinois court
	311	+
	312	+
	313	+
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	321	+	1 that dismisses a charge, reverses a conviction, reduces a
	322	+	2 sentence, or releases an offender under a court rule.
	323	+	3 (f) "Concerned citizen" includes relatives of the victim,
	324	+	4 friends of the victim, witnesses to the crime, or any other
	325	+	5 person associated with the victim or prisoner.
	326	+	6 (g) "Victim's attorney" means an attorney retained by the
	327	+	7 victim for the purposes of asserting the victim's
	328	+	8 constitutional and statutory rights. An attorney retained by
	329	+	9 the victim means an attorney who is hired to represent the
	330	+	10 victim at the victim's expense or an attorney who has agreed to
	331	+	11 provide pro bono representation. Nothing in this statute
	332	+	12 creates a right to counsel at public expense for a victim.
	333	+	13 (h) "Support person" means a person chosen by a victim to
	334	+	14 be present at court proceedings.
	335	+	15 (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
	336	+	16 (725 ILCS 120/4) (from Ch. 38, par. 1404)
	337	+	17 Sec. 4. Rights of crime victims.
	338	+	18 (a) Crime victims shall have the following rights:
	339	+	19 (1) The right to be treated with fairness and respect
	340	+	20 for their dignity and privacy and to be free from
	341	+	21 harassment, intimidation, and abuse throughout the
	342	+	22 criminal justice process.
	343	+	23 (1.5) The right to notice and to a hearing before a
	344	+	24 court ruling on a request for access to any of the victim's
	345	+	25 records, information, or communications which are
	346	+
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	356	+	1 privileged or confidential by law.
	357	+	2 (1.6) Except as otherwise provided in Section 9.5 of
	358	+	3 the Criminal Identification Act or Section 3-3013 of the
	359	+	4 Counties Code, whenever a person's DNA profile is
	360	+	5 collected due to the person being a victim of a crime, as
	361	+	6 identified by law enforcement, that specific profile
	362	+	7 collected in conjunction with that criminal investigation
	363	+	8 shall not be entered into any DNA database. Nothing in
	364	+	9 this paragraph (1.6) shall be interpreted to contradict
	365	+	10 rules and regulations developed by the Federal Bureau of
	366	+	11 Investigation relating to the National DNA Index System or
	367	+	12 Combined DNA Index System.
	368	+	13 (2) The right to timely notification of all court
	369	+	14 proceedings.
	370	+	15 (3) The right to communicate with the prosecution.
	371	+	16 (4) The right to be heard at any post-arraignment
	372	+	17 court proceeding in which a right of the victim is at issue
	373	+	18 and any court proceeding involving a post-arraignment
	374	+	19 release decision, plea, or sentencing.
	375	+	20 (5) The right to be notified of the conviction, the
	376	+	21 sentence, the imprisonment and the release of the accused.
	377	+	22 (6) The right to the timely disposition of the case
	378	+	23 following the arrest of the accused.
	379	+	24 (7) The right to be reasonably protected from the
	380	+	25 accused through the criminal justice process.
	381	+	26 (7.5) The right to have the safety of the victim and
	382	+
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	392	+	1 the victim's family considered in determining whether to
	393	+	2 release the defendant and setting conditions of release
	394	+	3 after arrest and conviction.
	395	+	4 (8) The right to be present at the trial and all other
	396	+	5 court proceedings on the same basis as the accused, unless
	397	+	6 the victim is to testify and the court determines that the
	398	+	7 victim's testimony would be materially affected if the
	399	+	8 victim hears other testimony at the trial.
	400	+	9 (9) The right to have present at all court
	401	+	10 proceedings, including proceedings under the Juvenile
	402	+	11 Court Act of 1987, subject to the rules of evidence, an
	403	+	12 advocate and other support person of the victim's choice.
	404	+	13 (10) The right to restitution.
	405	+	14 (b) Any law enforcement agency that investigates an
	406	+	15 offense committed in this State shall provide a crime victim
	407	+	16 with a written statement and explanation of the rights of
	408	+	17 crime victims under this amendatory Act of the 99th General
	409	+	18 Assembly within 48 hours of law enforcement's initial contact
	410	+	19 with a victim. The statement shall include information about
	411	+	20 crime victim compensation, including how to contact the Office
	412	+	21 of the Illinois Attorney General to file a claim, and
	413	+	22 appropriate referrals to local and State programs that provide
	414	+	23 victim services. The content of the statement shall be
	415	+	24 provided to law enforcement by the Attorney General. Law
	416	+	25 enforcement shall also provide a crime victim with a sign-off
	417	+	26 sheet that the victim shall sign and date as an
	418	+
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	420	+
	421	+
	422	+
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	428	+	1 acknowledgement that he or she has been furnished with
	429	+	2 information and an explanation of the rights of crime victims
	430	+	3 and compensation set forth in this Act.
	431	+	4 (b-5) Upon the request of the victim, the law enforcement
	432	+	5 agency having jurisdiction shall provide a free copy of the
	433	+	6 police report concerning the victim's incident, as soon as
	434	+	7 practicable, but in no event later than 5 business days from
	435	+	8 the request.
	436	+	9 (c) The Clerk of the Circuit Court shall post the rights of
	437	+	10 crime victims set forth in Article I, Section 8.1(a) of the
	438	+	11 Illinois Constitution and subsection (a) of this Section
	439	+	12 within 3 feet of the door to any courtroom where criminal
	440	+	13 proceedings are conducted. The clerk may also post the rights
	441	+	14 in other locations in the courthouse.
	442	+	15 (d) At any point, the victim has the right to retain a
	443	+	16 victim's attorney who may be present during all stages of any
	444	+	17 interview, investigation, or other interaction with
	445	+	18 representatives of the criminal justice system. Treatment of
	446	+	19 the victim should not be affected or altered in any way as a
	447	+	20 result of the victim's decision to exercise this right.
	448	+	21 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
	449	+	22 Section 95. No acceleration or delay. Where this Act makes
	450	+	23 changes in a statute that is represented in this Act by text
	451	+	24 that is not yet or no longer in effect (for example, a Section
	452	+	25 represented by multiple versions), the use of that text does
	453	+
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