103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3367 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404 Amends the Rights of Crime Victims and Witnesses Act. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database". LRB103 29296 RLC 55683 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3367 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404 Amends the Rights of Crime Victims and Witnesses Act. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database". LRB103 29296 RLC 55683 b LRB103 29296 RLC 55683 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3367 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404
725 ILCS 120/3 from Ch. 38, par. 1403
725 ILCS 120/4 from Ch. 38, par. 1404
Amends the Rights of Crime Victims and Witnesses Act. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database".
LRB103 29296 RLC 55683 b LRB103 29296 RLC 55683 b
LRB103 29296 RLC 55683 b
A BILL FOR
HB3367LRB103 29296 RLC 55683 b HB3367 LRB103 29296 RLC 55683 b
HB3367 LRB103 29296 RLC 55683 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Rights of Crime Victims and Witnesses Act
5 is amended by changing Sections 3 and 4 as follows:
6 (725 ILCS 120/3) (from Ch. 38, par. 1403)
7 (Text of Section before amendment by P.A. 102-982)
8 Sec. 3. The terms used in this Act shall have the following
9 meanings:
10 (a) "Crime victim" or "victim" means: (1) any natural
11 person determined by the prosecutor or the court to have
12 suffered direct physical or psychological harm as a result of
13 a violent crime perpetrated or attempted against that person
14 or direct physical or psychological harm as a result of (i) a
15 violation of Section 11-501 of the Illinois Vehicle Code or
16 similar provision of a local ordinance or (ii) a violation of
17 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
18 of 2012; (2) in the case of a crime victim who is under 18
19 years of age or an adult victim who is incompetent or
20 incapacitated, both parents, legal guardians, foster parents,
21 or a single adult representative; (3) in the case of an adult
22 deceased victim, 2 representatives who may be the spouse,
23 parent, child or sibling of the victim, or the representative
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3367 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404
725 ILCS 120/3 from Ch. 38, par. 1403
725 ILCS 120/4 from Ch. 38, par. 1404
Amends the Rights of Crime Victims and Witnesses Act. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database".
LRB103 29296 RLC 55683 b LRB103 29296 RLC 55683 b
LRB103 29296 RLC 55683 b
A BILL FOR
725 ILCS 120/3 from Ch. 38, par. 1403
725 ILCS 120/4 from Ch. 38, par. 1404
LRB103 29296 RLC 55683 b
HB3367 LRB103 29296 RLC 55683 b
HB3367- 2 -LRB103 29296 RLC 55683 b HB3367 - 2 - LRB103 29296 RLC 55683 b
HB3367 - 2 - LRB103 29296 RLC 55683 b
1 of the victim's estate; and (4) an immediate family member of a
2 victim under clause (1) of this paragraph (a) chosen by the
3 victim. If the victim is 18 years of age or over, the victim
4 may choose any person to be the victim's representative. In no
5 event shall the defendant or any person who aided and abetted
6 in the commission of the crime be considered a victim, a crime
7 victim, or a representative of the victim.
8 A board, agency, or other governmental entity making
9 decisions regarding an offender's release, sentence reduction,
10 or clemency can determine additional persons are victims for
11 the purpose of its proceedings.
12 (a-3) "Advocate" means a person whose communications with
13 the victim are privileged under Section 8-802.1 or 8-802.2 of
14 the Code of Civil Procedure, or Section 227 of the Illinois
15 Domestic Violence Act of 1986.
16 (a-5) "Confer" means to consult together, share
17 information, compare opinions and carry on a discussion or
18 deliberation.
19 (a-7) "Sentence" includes, but is not limited to, the
20 imposition of sentence, a request for a reduction in sentence,
21 parole, mandatory supervised release, aftercare release, early
22 release, inpatient treatment, outpatient treatment,
23 conditional release after a finding that the defendant is not
24 guilty by reason of insanity, clemency, or a proposal that
25 would reduce the defendant's sentence or result in the
26 defendant's release. "Early release" refers to a discretionary
HB3367 - 2 - LRB103 29296 RLC 55683 b
HB3367- 3 -LRB103 29296 RLC 55683 b HB3367 - 3 - LRB103 29296 RLC 55683 b
HB3367 - 3 - LRB103 29296 RLC 55683 b
1 release.
2 (a-9) "Sentencing" includes, but is not limited to, the
3 imposition of sentence and a request for a reduction in
4 sentence, parole, mandatory supervised release, aftercare
5 release, early release, consideration of inpatient treatment
6 or outpatient treatment, or conditional release after a
7 finding that the defendant is not guilty by reason of
8 insanity.
9 (a-10) "Status hearing" means a hearing designed to
10 provide information to the court, at which no motion of a
11 substantive nature and no constitutional or statutory right of
12 a crime victim is implicated or at issue.
13 (b) "Witness" means: any person who personally observed
14 the commission of a crime and who will testify on behalf of the
15 State of Illinois; or a person who will be called by the
16 prosecution to give testimony establishing a necessary nexus
17 between the offender and the violent crime.
18 (c) "Violent crime" means: (1) any felony in which force
19 or threat of force was used against the victim; (2) any offense
20 involving sexual exploitation, sexual conduct, or sexual
21 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
22 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
23 Criminal Code of 2012; (4) domestic battery or stalking; (5)
24 violation of an order of protection, a civil no contact order,
25 or a stalking no contact order; (6) any misdemeanor which
26 results in death or great bodily harm to the victim; or (7) any
HB3367 - 3 - LRB103 29296 RLC 55683 b
HB3367- 4 -LRB103 29296 RLC 55683 b HB3367 - 4 - LRB103 29296 RLC 55683 b
HB3367 - 4 - LRB103 29296 RLC 55683 b
1 violation of Section 9-3 of the Criminal Code of 1961 or the
2 Criminal Code of 2012, or Section 11-501 of the Illinois
3 Vehicle Code, or a similar provision of a local ordinance, if
4 the violation resulted in personal injury or death. "Violent
5 crime" includes any action committed by a juvenile that would
6 be a violent crime if committed by an adult. For the purposes
7 of this paragraph, "personal injury" shall include any Type A
8 injury as indicated on the traffic accident report completed
9 by a law enforcement officer that requires immediate
10 professional attention in either a doctor's office or medical
11 facility. A type A injury shall include severely bleeding
12 wounds, distorted extremities, and injuries that require the
13 injured party to be carried from the scene.
14 (d) (Blank).
15 (e) "Court proceedings" includes, but is not limited to,
16 the preliminary hearing, any post-arraignment hearing the
17 effect of which may be the release of the defendant from
18 custody or to alter the conditions of bond, change of plea
19 hearing, the trial, any pretrial or post-trial hearing,
20 sentencing, any oral argument or hearing before an Illinois
21 appellate court, any hearing under the Mental Health and
22 Developmental Disabilities Code or Section 5-2-4 of the
23 Unified Code of Corrections after a finding that the defendant
24 is not guilty by reason of insanity, including a hearing for
25 conditional release, any hearing related to a modification of
26 sentence, probation revocation hearing, aftercare release or
HB3367 - 4 - LRB103 29296 RLC 55683 b
HB3367- 5 -LRB103 29296 RLC 55683 b HB3367 - 5 - LRB103 29296 RLC 55683 b
HB3367 - 5 - LRB103 29296 RLC 55683 b
1 parole hearings, post-conviction relief proceedings, habeas
2 corpus proceedings and clemency proceedings related to the
3 defendant's conviction or sentence. For purposes of the
4 victim's right to be present, "court proceedings" does not
5 include (1) hearings under Section 109-1 of the Code of
6 Criminal Procedure of 1963, (2) grand jury proceedings, (3)
7 status hearings, or (4) the issuance of an order or decision of
8 an Illinois court that dismisses a charge, reverses a
9 conviction, reduces a sentence, or releases an offender under
10 a court rule.
11 (f) "Concerned citizen" includes relatives of the victim,
12 friends of the victim, witnesses to the crime, or any other
13 person associated with the victim or prisoner.
14 (g) "Victim's attorney" means an attorney retained by the
15 victim for the purposes of asserting the victim's
16 constitutional and statutory rights. An attorney retained by
17 the victim means an attorney who is hired to represent the
18 victim at the victim's expense or an attorney who has agreed to
19 provide pro bono representation. Nothing in this statute
20 creates a right to counsel at public expense for a victim.
21 (h) "Support person" means a person chosen by a victim to
22 be present at court proceedings.
23 (Source: P.A. 102-1104, eff. 1-1-23.)
24 (Text of Section after amendment by P.A. 102-982)
25 Sec. 3. The terms used in this Act shall have the following
HB3367 - 5 - LRB103 29296 RLC 55683 b
HB3367- 6 -LRB103 29296 RLC 55683 b HB3367 - 6 - LRB103 29296 RLC 55683 b
HB3367 - 6 - LRB103 29296 RLC 55683 b
1 meanings:
2 (a) "Crime victim" or "victim" means: (1) any natural
3 person determined by the prosecutor or the court to have
4 suffered direct physical or psychological harm as a result of
5 a violent crime perpetrated or attempted against that person
6 or direct physical or psychological harm as a result of (i) a
7 violation of Section 11-501 of the Illinois Vehicle Code or
8 similar provision of a local ordinance or (ii) a violation of
9 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
10 of 2012; (2) in the case of a crime victim who is under 18
11 years of age or an adult victim who is incompetent or
12 incapacitated, both parents, legal guardians, foster parents,
13 or a single adult representative; (3) in the case of an adult
14 deceased victim, 2 representatives who may be the spouse,
15 parent, child or sibling of the victim, or the representative
16 of the victim's estate; and (4) an immediate family member of a
17 victim under clause (1) of this paragraph (a) chosen by the
18 victim. If the victim is 18 years of age or over, the victim
19 may choose any person to be the victim's representative. In no
20 event shall the defendant or any person who aided and abetted
21 in the commission of the crime be considered a victim, a crime
22 victim, or a representative of the victim.
23 A board, agency, or other governmental entity making
24 decisions regarding an offender's release, sentence reduction,
25 or clemency can determine additional persons are victims for
26 the purpose of its proceedings.
HB3367 - 6 - LRB103 29296 RLC 55683 b
HB3367- 7 -LRB103 29296 RLC 55683 b HB3367 - 7 - LRB103 29296 RLC 55683 b
HB3367 - 7 - LRB103 29296 RLC 55683 b
1 (a-3) "Advocate" means a person whose communications with
2 the victim are privileged under Section 8-802.1 or 8-802.2 of
3 the Code of Civil Procedure, or Section 227 of the Illinois
4 Domestic Violence Act of 1986.
5 (a-5) "Confer" means to consult together, share
6 information, compare opinions and carry on a discussion or
7 deliberation.
8 "DNA database" means a collection of DNA profiles from
9 forensic casework or specimens from anonymous, identified, and
10 unidentified sources that are created to search DNA records
11 against each other to develop investigative leads among
12 forensic cases.
13 (a-7) "Sentence" includes, but is not limited to, the
14 imposition of sentence, a request for a reduction in sentence,
15 parole, mandatory supervised release, aftercare release, early
16 release, inpatient treatment, outpatient treatment,
17 conditional release after a finding that the defendant is not
18 guilty by reason of insanity, clemency, or a proposal that
19 would reduce the defendant's sentence or result in the
20 defendant's release. "Early release" refers to a discretionary
21 release.
22 (a-9) "Sentencing" includes, but is not limited to, the
23 imposition of sentence and a request for a reduction in
24 sentence, parole, mandatory supervised release, aftercare
25 release, early release, consideration of inpatient treatment
26 or outpatient treatment, or conditional release after a
HB3367 - 7 - LRB103 29296 RLC 55683 b
HB3367- 8 -LRB103 29296 RLC 55683 b HB3367 - 8 - LRB103 29296 RLC 55683 b
HB3367 - 8 - LRB103 29296 RLC 55683 b
1 finding that the defendant is not guilty by reason of
2 insanity.
3 (a-10) "Status hearing" means a hearing designed to
4 provide information to the court, at which no motion of a
5 substantive nature and no constitutional or statutory right of
6 a crime victim is implicated or at issue.
7 (b) "Witness" means: any person who personally observed
8 the commission of a crime and who will testify on behalf of the
9 State of Illinois; or a person who will be called by the
10 prosecution to give testimony establishing a necessary nexus
11 between the offender and the violent crime.
12 (c) "Violent crime" means: (1) any felony in which force
13 or threat of force was used against the victim; (2) any offense
14 involving sexual exploitation, sexual conduct, or sexual
15 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
16 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
17 Criminal Code of 2012; (4) domestic battery or stalking; (5)
18 violation of an order of protection, a civil no contact order,
19 or a stalking no contact order; (6) any misdemeanor which
20 results in death or great bodily harm to the victim; or (7) any
21 violation of Section 9-3 of the Criminal Code of 1961 or the
22 Criminal Code of 2012, or Section 11-501 of the Illinois
23 Vehicle Code, or a similar provision of a local ordinance, if
24 the violation resulted in personal injury or death. "Violent
25 crime" includes any action committed by a juvenile that would
26 be a violent crime if committed by an adult. For the purposes
HB3367 - 8 - LRB103 29296 RLC 55683 b
HB3367- 9 -LRB103 29296 RLC 55683 b HB3367 - 9 - LRB103 29296 RLC 55683 b
HB3367 - 9 - LRB103 29296 RLC 55683 b
1 of this paragraph, "personal injury" shall include any Type A
2 injury as indicated on the traffic crash report completed by a
3 law enforcement officer that requires immediate professional
4 attention in either a doctor's office or medical facility. A
5 type A injury shall include severely bleeding wounds,
6 distorted extremities, and injuries that require the injured
7 party to be carried from the scene.
8 (d) (Blank).
9 (e) "Court proceedings" includes, but is not limited to,
10 the preliminary hearing, any post-arraignment hearing the
11 effect of which may be the release of the defendant from
12 custody or to alter the conditions of bond, change of plea
13 hearing, the trial, any pretrial or post-trial hearing,
14 sentencing, any oral argument or hearing before an Illinois
15 appellate court, any hearing under the Mental Health and
16 Developmental Disabilities Code or Section 5-2-4 of the
17 Unified Code of Corrections after a finding that the defendant
18 is not guilty by reason of insanity, including a hearing for
19 conditional release, any hearing related to a modification of
20 sentence, probation revocation hearing, aftercare release or
21 parole hearings, post-conviction relief proceedings, habeas
22 corpus proceedings and clemency proceedings related to the
23 defendant's conviction or sentence. For purposes of the
24 victim's right to be present, "court proceedings" does not
25 include (1) grand jury proceedings, (2) status hearings, or
26 (3) the issuance of an order or decision of an Illinois court
HB3367 - 9 - LRB103 29296 RLC 55683 b
HB3367- 10 -LRB103 29296 RLC 55683 b HB3367 - 10 - LRB103 29296 RLC 55683 b
HB3367 - 10 - LRB103 29296 RLC 55683 b
1 that dismisses a charge, reverses a conviction, reduces a
2 sentence, or releases an offender under a court rule.
3 (f) "Concerned citizen" includes relatives of the victim,
4 friends of the victim, witnesses to the crime, or any other
5 person associated with the victim or prisoner.
6 (g) "Victim's attorney" means an attorney retained by the
7 victim for the purposes of asserting the victim's
8 constitutional and statutory rights. An attorney retained by
9 the victim means an attorney who is hired to represent the
10 victim at the victim's expense or an attorney who has agreed to
11 provide pro bono representation. Nothing in this statute
12 creates a right to counsel at public expense for a victim.
13 (h) "Support person" means a person chosen by a victim to
14 be present at court proceedings.
15 (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
16 (725 ILCS 120/4) (from Ch. 38, par. 1404)
17 Sec. 4. Rights of crime victims.
18 (a) Crime victims shall have the following rights:
19 (1) The right to be treated with fairness and respect
20 for their dignity and privacy and to be free from
21 harassment, intimidation, and abuse throughout the
22 criminal justice process.
23 (1.5) The right to notice and to a hearing before a
24 court ruling on a request for access to any of the victim's
25 records, information, or communications which are
HB3367 - 10 - LRB103 29296 RLC 55683 b
HB3367- 11 -LRB103 29296 RLC 55683 b HB3367 - 11 - LRB103 29296 RLC 55683 b
HB3367 - 11 - LRB103 29296 RLC 55683 b
1 privileged or confidential by law.
2 (1.6) Except as otherwise provided in Section 9.5 of
3 the Criminal Identification Act or Section 3-3013 of the
4 Counties Code, whenever a person's DNA profile is
5 collected due to the person being a victim of a crime, that
6 specific profile collected in conjunction with that
7 criminal investigation shall not be entered into any DNA
8 database.
9 (2) The right to timely notification of all court
10 proceedings.
11 (3) The right to communicate with the prosecution.
12 (4) The right to be heard at any post-arraignment
13 court proceeding in which a right of the victim is at issue
14 and any court proceeding involving a post-arraignment
15 release decision, plea, or sentencing.
16 (5) The right to be notified of the conviction, the
17 sentence, the imprisonment and the release of the accused.
18 (6) The right to the timely disposition of the case
19 following the arrest of the accused.
20 (7) The right to be reasonably protected from the
21 accused through the criminal justice process.
22 (7.5) The right to have the safety of the victim and
23 the victim's family considered in determining whether to
24 release the defendant and setting conditions of release
25 after arrest and conviction.
26 (8) The right to be present at the trial and all other
HB3367 - 11 - LRB103 29296 RLC 55683 b
HB3367- 12 -LRB103 29296 RLC 55683 b HB3367 - 12 - LRB103 29296 RLC 55683 b
HB3367 - 12 - LRB103 29296 RLC 55683 b
1 court proceedings on the same basis as the accused, unless
2 the victim is to testify and the court determines that the
3 victim's testimony would be materially affected if the
4 victim hears other testimony at the trial.
5 (9) The right to have present at all court
6 proceedings, including proceedings under the Juvenile
7 Court Act of 1987, subject to the rules of evidence, an
8 advocate and other support person of the victim's choice.
9 (10) The right to restitution.
10 (b) Any law enforcement agency that investigates an
11 offense committed in this State shall provide a crime victim
12 with a written statement and explanation of the rights of
13 crime victims under this amendatory Act of the 99th General
14 Assembly within 48 hours of law enforcement's initial contact
15 with a victim. The statement shall include information about
16 crime victim compensation, including how to contact the Office
17 of the Illinois Attorney General to file a claim, and
18 appropriate referrals to local and State programs that provide
19 victim services. The content of the statement shall be
20 provided to law enforcement by the Attorney General. Law
21 enforcement shall also provide a crime victim with a sign-off
22 sheet that the victim shall sign and date as an
23 acknowledgement that he or she has been furnished with
24 information and an explanation of the rights of crime victims
25 and compensation set forth in this Act.
26 (b-5) Upon the request of the victim, the law enforcement
HB3367 - 12 - LRB103 29296 RLC 55683 b
HB3367- 13 -LRB103 29296 RLC 55683 b HB3367 - 13 - LRB103 29296 RLC 55683 b
HB3367 - 13 - LRB103 29296 RLC 55683 b
1 agency having jurisdiction shall provide a free copy of the
2 police report concerning the victim's incident, as soon as
3 practicable, but in no event later than 5 business days from
4 the request.
5 (c) The Clerk of the Circuit Court shall post the rights of
6 crime victims set forth in Article I, Section 8.1(a) of the
7 Illinois Constitution and subsection (a) of this Section
8 within 3 feet of the door to any courtroom where criminal
9 proceedings are conducted. The clerk may also post the rights
10 in other locations in the courthouse.
11 (d) At any point, the victim has the right to retain a
12 victim's attorney who may be present during all stages of any
13 interview, investigation, or other interaction with
14 representatives of the criminal justice system. Treatment of
15 the victim should not be affected or altered in any way as a
16 result of the victim's decision to exercise this right.
17 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
18 Section 95. No acceleration or delay. Where this Act makes
19 changes in a statute that is represented in this Act by text
20 that is not yet or no longer in effect (for example, a Section
21 represented by multiple versions), the use of that text does
22 not accelerate or delay the taking effect of (i) the changes
23 made by this Act or (ii) provisions derived from any other
24 Public Act.
HB3367 - 13 - LRB103 29296 RLC 55683 b