IL
Illinois House Bill HB3367

Illinois 2023-2024 Regular Session

Illinois House Bill HB3367 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3367 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 725 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
44 725 ILCS 120/3 from Ch. 38, par. 1403
55 725 ILCS 120/4 from Ch. 38, par. 1404
66 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".
77 LRB103 29296 RLC 55683 b LRB103 29296 RLC 55683 b
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Rights of Crime Victims and Witnesses Act
1616 5 is amended by changing Sections 3 and 4 as follows:
1717 6 (725 ILCS 120/3) (from Ch. 38, par. 1403)
1818 7 (Text of Section before amendment by P.A. 102-982)
1919 8 Sec. 3. The terms used in this Act shall have the following
2020 9 meanings:
2121 10 (a) "Crime victim" or "victim" means: (1) any natural
2222 11 person determined by the prosecutor or the court to have
2323 12 suffered direct physical or psychological harm as a result of
2424 13 a violent crime perpetrated or attempted against that person
2525 14 or direct physical or psychological harm as a result of (i) a
2626 15 violation of Section 11-501 of the Illinois Vehicle Code or
2727 16 similar provision of a local ordinance or (ii) a violation of
2828 17 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
2929 18 of 2012; (2) in the case of a crime victim who is under 18
3030 19 years of age or an adult victim who is incompetent or
3131 20 incapacitated, both parents, legal guardians, foster parents,
3232 21 or a single adult representative; (3) in the case of an adult
3333 22 deceased victim, 2 representatives who may be the spouse,
3434 23 parent, child or sibling of the victim, or the representative
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3367 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3939 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
4040 725 ILCS 120/3 from Ch. 38, par. 1403
4141 725 ILCS 120/4 from Ch. 38, par. 1404
4242 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".
4343 LRB103 29296 RLC 55683 b LRB103 29296 RLC 55683 b
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4545 A BILL FOR
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7171 1 of the victim's estate; and (4) an immediate family member of a
7272 2 victim under clause (1) of this paragraph (a) chosen by the
7373 3 victim. If the victim is 18 years of age or over, the victim
7474 4 may choose any person to be the victim's representative. In no
7575 5 event shall the defendant or any person who aided and abetted
7676 6 in the commission of the crime be considered a victim, a crime
7777 7 victim, or a representative of the victim.
7878 8 A board, agency, or other governmental entity making
7979 9 decisions regarding an offender's release, sentence reduction,
8080 10 or clemency can determine additional persons are victims for
8181 11 the purpose of its proceedings.
8282 12 (a-3) "Advocate" means a person whose communications with
8383 13 the victim are privileged under Section 8-802.1 or 8-802.2 of
8484 14 the Code of Civil Procedure, or Section 227 of the Illinois
8585 15 Domestic Violence Act of 1986.
8686 16 (a-5) "Confer" means to consult together, share
8787 17 information, compare opinions and carry on a discussion or
8888 18 deliberation.
8989 19 (a-7) "Sentence" includes, but is not limited to, the
9090 20 imposition of sentence, a request for a reduction in sentence,
9191 21 parole, mandatory supervised release, aftercare release, early
9292 22 release, inpatient treatment, outpatient treatment,
9393 23 conditional release after a finding that the defendant is not
9494 24 guilty by reason of insanity, clemency, or a proposal that
9595 25 would reduce the defendant's sentence or result in the
9696 26 defendant's release. "Early release" refers to a discretionary
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107107 1 release.
108108 2 (a-9) "Sentencing" includes, but is not limited to, the
109109 3 imposition of sentence and a request for a reduction in
110110 4 sentence, parole, mandatory supervised release, aftercare
111111 5 release, early release, consideration of inpatient treatment
112112 6 or outpatient treatment, or conditional release after a
113113 7 finding that the defendant is not guilty by reason of
114114 8 insanity.
115115 9 (a-10) "Status hearing" means a hearing designed to
116116 10 provide information to the court, at which no motion of a
117117 11 substantive nature and no constitutional or statutory right of
118118 12 a crime victim is implicated or at issue.
119119 13 (b) "Witness" means: any person who personally observed
120120 14 the commission of a crime and who will testify on behalf of the
121121 15 State of Illinois; or a person who will be called by the
122122 16 prosecution to give testimony establishing a necessary nexus
123123 17 between the offender and the violent crime.
124124 18 (c) "Violent crime" means: (1) any felony in which force
125125 19 or threat of force was used against the victim; (2) any offense
126126 20 involving sexual exploitation, sexual conduct, or sexual
127127 21 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
128128 22 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
129129 23 Criminal Code of 2012; (4) domestic battery or stalking; (5)
130130 24 violation of an order of protection, a civil no contact order,
131131 25 or a stalking no contact order; (6) any misdemeanor which
132132 26 results in death or great bodily harm to the victim; or (7) any
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143143 1 violation of Section 9-3 of the Criminal Code of 1961 or the
144144 2 Criminal Code of 2012, or Section 11-501 of the Illinois
145145 3 Vehicle Code, or a similar provision of a local ordinance, if
146146 4 the violation resulted in personal injury or death. "Violent
147147 5 crime" includes any action committed by a juvenile that would
148148 6 be a violent crime if committed by an adult. For the purposes
149149 7 of this paragraph, "personal injury" shall include any Type A
150150 8 injury as indicated on the traffic accident report completed
151151 9 by a law enforcement officer that requires immediate
152152 10 professional attention in either a doctor's office or medical
153153 11 facility. A type A injury shall include severely bleeding
154154 12 wounds, distorted extremities, and injuries that require the
155155 13 injured party to be carried from the scene.
156156 14 (d) (Blank).
157157 15 (e) "Court proceedings" includes, but is not limited to,
158158 16 the preliminary hearing, any post-arraignment hearing the
159159 17 effect of which may be the release of the defendant from
160160 18 custody or to alter the conditions of bond, change of plea
161161 19 hearing, the trial, any pretrial or post-trial hearing,
162162 20 sentencing, any oral argument or hearing before an Illinois
163163 21 appellate court, any hearing under the Mental Health and
164164 22 Developmental Disabilities Code or Section 5-2-4 of the
165165 23 Unified Code of Corrections after a finding that the defendant
166166 24 is not guilty by reason of insanity, including a hearing for
167167 25 conditional release, any hearing related to a modification of
168168 26 sentence, probation revocation hearing, aftercare release or
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179179 1 parole hearings, post-conviction relief proceedings, habeas
180180 2 corpus proceedings and clemency proceedings related to the
181181 3 defendant's conviction or sentence. For purposes of the
182182 4 victim's right to be present, "court proceedings" does not
183183 5 include (1) hearings under Section 109-1 of the Code of
184184 6 Criminal Procedure of 1963, (2) grand jury proceedings, (3)
185185 7 status hearings, or (4) the issuance of an order or decision of
186186 8 an Illinois court that dismisses a charge, reverses a
187187 9 conviction, reduces a sentence, or releases an offender under
188188 10 a court rule.
189189 11 (f) "Concerned citizen" includes relatives of the victim,
190190 12 friends of the victim, witnesses to the crime, or any other
191191 13 person associated with the victim or prisoner.
192192 14 (g) "Victim's attorney" means an attorney retained by the
193193 15 victim for the purposes of asserting the victim's
194194 16 constitutional and statutory rights. An attorney retained by
195195 17 the victim means an attorney who is hired to represent the
196196 18 victim at the victim's expense or an attorney who has agreed to
197197 19 provide pro bono representation. Nothing in this statute
198198 20 creates a right to counsel at public expense for a victim.
199199 21 (h) "Support person" means a person chosen by a victim to
200200 22 be present at court proceedings.
201201 23 (Source: P.A. 102-1104, eff. 1-1-23.)
202202 24 (Text of Section after amendment by P.A. 102-982)
203203 25 Sec. 3. The terms used in this Act shall have the following
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214214 1 meanings:
215215 2 (a) "Crime victim" or "victim" means: (1) any natural
216216 3 person determined by the prosecutor or the court to have
217217 4 suffered direct physical or psychological harm as a result of
218218 5 a violent crime perpetrated or attempted against that person
219219 6 or direct physical or psychological harm as a result of (i) a
220220 7 violation of Section 11-501 of the Illinois Vehicle Code or
221221 8 similar provision of a local ordinance or (ii) a violation of
222222 9 Section 9-3 of the Criminal Code of 1961 or the Criminal Code
223223 10 of 2012; (2) in the case of a crime victim who is under 18
224224 11 years of age or an adult victim who is incompetent or
225225 12 incapacitated, both parents, legal guardians, foster parents,
226226 13 or a single adult representative; (3) in the case of an adult
227227 14 deceased victim, 2 representatives who may be the spouse,
228228 15 parent, child or sibling of the victim, or the representative
229229 16 of the victim's estate; and (4) an immediate family member of a
230230 17 victim under clause (1) of this paragraph (a) chosen by the
231231 18 victim. If the victim is 18 years of age or over, the victim
232232 19 may choose any person to be the victim's representative. In no
233233 20 event shall the defendant or any person who aided and abetted
234234 21 in the commission of the crime be considered a victim, a crime
235235 22 victim, or a representative of the victim.
236236 23 A board, agency, or other governmental entity making
237237 24 decisions regarding an offender's release, sentence reduction,
238238 25 or clemency can determine additional persons are victims for
239239 26 the purpose of its proceedings.
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250250 1 (a-3) "Advocate" means a person whose communications with
251251 2 the victim are privileged under Section 8-802.1 or 8-802.2 of
252252 3 the Code of Civil Procedure, or Section 227 of the Illinois
253253 4 Domestic Violence Act of 1986.
254254 5 (a-5) "Confer" means to consult together, share
255255 6 information, compare opinions and carry on a discussion or
256256 7 deliberation.
257257 8 "DNA database" means a collection of DNA profiles from
258258 9 forensic casework or specimens from anonymous, identified, and
259259 10 unidentified sources that are created to search DNA records
260260 11 against each other to develop investigative leads among
261261 12 forensic cases.
262262 13 (a-7) "Sentence" includes, but is not limited to, the
263263 14 imposition of sentence, a request for a reduction in sentence,
264264 15 parole, mandatory supervised release, aftercare release, early
265265 16 release, inpatient treatment, outpatient treatment,
266266 17 conditional release after a finding that the defendant is not
267267 18 guilty by reason of insanity, clemency, or a proposal that
268268 19 would reduce the defendant's sentence or result in the
269269 20 defendant's release. "Early release" refers to a discretionary
270270 21 release.
271271 22 (a-9) "Sentencing" includes, but is not limited to, the
272272 23 imposition of sentence and a request for a reduction in
273273 24 sentence, parole, mandatory supervised release, aftercare
274274 25 release, early release, consideration of inpatient treatment
275275 26 or outpatient treatment, or conditional release after a
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286286 1 finding that the defendant is not guilty by reason of
287287 2 insanity.
288288 3 (a-10) "Status hearing" means a hearing designed to
289289 4 provide information to the court, at which no motion of a
290290 5 substantive nature and no constitutional or statutory right of
291291 6 a crime victim is implicated or at issue.
292292 7 (b) "Witness" means: any person who personally observed
293293 8 the commission of a crime and who will testify on behalf of the
294294 9 State of Illinois; or a person who will be called by the
295295 10 prosecution to give testimony establishing a necessary nexus
296296 11 between the offender and the violent crime.
297297 12 (c) "Violent crime" means: (1) any felony in which force
298298 13 or threat of force was used against the victim; (2) any offense
299299 14 involving sexual exploitation, sexual conduct, or sexual
300300 15 penetration; (3) a violation of Section 11-20.1, 11-20.1B,
301301 16 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
302302 17 Criminal Code of 2012; (4) domestic battery or stalking; (5)
303303 18 violation of an order of protection, a civil no contact order,
304304 19 or a stalking no contact order; (6) any misdemeanor which
305305 20 results in death or great bodily harm to the victim; or (7) any
306306 21 violation of Section 9-3 of the Criminal Code of 1961 or the
307307 22 Criminal Code of 2012, or Section 11-501 of the Illinois
308308 23 Vehicle Code, or a similar provision of a local ordinance, if
309309 24 the violation resulted in personal injury or death. "Violent
310310 25 crime" includes any action committed by a juvenile that would
311311 26 be a violent crime if committed by an adult. For the purposes
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322322 1 of this paragraph, "personal injury" shall include any Type A
323323 2 injury as indicated on the traffic crash report completed by a
324324 3 law enforcement officer that requires immediate professional
325325 4 attention in either a doctor's office or medical facility. A
326326 5 type A injury shall include severely bleeding wounds,
327327 6 distorted extremities, and injuries that require the injured
328328 7 party to be carried from the scene.
329329 8 (d) (Blank).
330330 9 (e) "Court proceedings" includes, but is not limited to,
331331 10 the preliminary hearing, any post-arraignment hearing the
332332 11 effect of which may be the release of the defendant from
333333 12 custody or to alter the conditions of bond, change of plea
334334 13 hearing, the trial, any pretrial or post-trial hearing,
335335 14 sentencing, any oral argument or hearing before an Illinois
336336 15 appellate court, any hearing under the Mental Health and
337337 16 Developmental Disabilities Code or Section 5-2-4 of the
338338 17 Unified Code of Corrections after a finding that the defendant
339339 18 is not guilty by reason of insanity, including a hearing for
340340 19 conditional release, any hearing related to a modification of
341341 20 sentence, probation revocation hearing, aftercare release or
342342 21 parole hearings, post-conviction relief proceedings, habeas
343343 22 corpus proceedings and clemency proceedings related to the
344344 23 defendant's conviction or sentence. For purposes of the
345345 24 victim's right to be present, "court proceedings" does not
346346 25 include (1) grand jury proceedings, (2) status hearings, or
347347 26 (3) the issuance of an order or decision of an Illinois court
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358358 1 that dismisses a charge, reverses a conviction, reduces a
359359 2 sentence, or releases an offender under a court rule.
360360 3 (f) "Concerned citizen" includes relatives of the victim,
361361 4 friends of the victim, witnesses to the crime, or any other
362362 5 person associated with the victim or prisoner.
363363 6 (g) "Victim's attorney" means an attorney retained by the
364364 7 victim for the purposes of asserting the victim's
365365 8 constitutional and statutory rights. An attorney retained by
366366 9 the victim means an attorney who is hired to represent the
367367 10 victim at the victim's expense or an attorney who has agreed to
368368 11 provide pro bono representation. Nothing in this statute
369369 12 creates a right to counsel at public expense for a victim.
370370 13 (h) "Support person" means a person chosen by a victim to
371371 14 be present at court proceedings.
372372 15 (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
373373 16 (725 ILCS 120/4) (from Ch. 38, par. 1404)
374374 17 Sec. 4. Rights of crime victims.
375375 18 (a) Crime victims shall have the following rights:
376376 19 (1) The right to be treated with fairness and respect
377377 20 for their dignity and privacy and to be free from
378378 21 harassment, intimidation, and abuse throughout the
379379 22 criminal justice process.
380380 23 (1.5) The right to notice and to a hearing before a
381381 24 court ruling on a request for access to any of the victim's
382382 25 records, information, or communications which are
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393393 1 privileged or confidential by law.
394394 2 (1.6) Except as otherwise provided in Section 9.5 of
395395 3 the Criminal Identification Act or Section 3-3013 of the
396396 4 Counties Code, whenever a person's DNA profile is
397397 5 collected due to the person being a victim of a crime, that
398398 6 specific profile collected in conjunction with that
399399 7 criminal investigation shall not be entered into any DNA
400400 8 database.
401401 9 (2) The right to timely notification of all court
402402 10 proceedings.
403403 11 (3) The right to communicate with the prosecution.
404404 12 (4) The right to be heard at any post-arraignment
405405 13 court proceeding in which a right of the victim is at issue
406406 14 and any court proceeding involving a post-arraignment
407407 15 release decision, plea, or sentencing.
408408 16 (5) The right to be notified of the conviction, the
409409 17 sentence, the imprisonment and the release of the accused.
410410 18 (6) The right to the timely disposition of the case
411411 19 following the arrest of the accused.
412412 20 (7) The right to be reasonably protected from the
413413 21 accused through the criminal justice process.
414414 22 (7.5) The right to have the safety of the victim and
415415 23 the victim's family considered in determining whether to
416416 24 release the defendant and setting conditions of release
417417 25 after arrest and conviction.
418418 26 (8) The right to be present at the trial and all other
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429429 1 court proceedings on the same basis as the accused, unless
430430 2 the victim is to testify and the court determines that the
431431 3 victim's testimony would be materially affected if the
432432 4 victim hears other testimony at the trial.
433433 5 (9) The right to have present at all court
434434 6 proceedings, including proceedings under the Juvenile
435435 7 Court Act of 1987, subject to the rules of evidence, an
436436 8 advocate and other support person of the victim's choice.
437437 9 (10) The right to restitution.
438438 10 (b) Any law enforcement agency that investigates an
439439 11 offense committed in this State shall provide a crime victim
440440 12 with a written statement and explanation of the rights of
441441 13 crime victims under this amendatory Act of the 99th General
442442 14 Assembly within 48 hours of law enforcement's initial contact
443443 15 with a victim. The statement shall include information about
444444 16 crime victim compensation, including how to contact the Office
445445 17 of the Illinois Attorney General to file a claim, and
446446 18 appropriate referrals to local and State programs that provide
447447 19 victim services. The content of the statement shall be
448448 20 provided to law enforcement by the Attorney General. Law
449449 21 enforcement shall also provide a crime victim with a sign-off
450450 22 sheet that the victim shall sign and date as an
451451 23 acknowledgement that he or she has been furnished with
452452 24 information and an explanation of the rights of crime victims
453453 25 and compensation set forth in this Act.
454454 26 (b-5) Upon the request of the victim, the law enforcement
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465465 1 agency having jurisdiction shall provide a free copy of the
466466 2 police report concerning the victim's incident, as soon as
467467 3 practicable, but in no event later than 5 business days from
468468 4 the request.
469469 5 (c) The Clerk of the Circuit Court shall post the rights of
470470 6 crime victims set forth in Article I, Section 8.1(a) of the
471471 7 Illinois Constitution and subsection (a) of this Section
472472 8 within 3 feet of the door to any courtroom where criminal
473473 9 proceedings are conducted. The clerk may also post the rights
474474 10 in other locations in the courthouse.
475475 11 (d) At any point, the victim has the right to retain a
476476 12 victim's attorney who may be present during all stages of any
477477 13 interview, investigation, or other interaction with
478478 14 representatives of the criminal justice system. Treatment of
479479 15 the victim should not be affected or altered in any way as a
480480 16 result of the victim's decision to exercise this right.
481481 17 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
482482 18 Section 95. No acceleration or delay. Where this Act makes
483483 19 changes in a statute that is represented in this Act by text
484484 20 that is not yet or no longer in effect (for example, a Section
485485 21 represented by multiple versions), the use of that text does
486486 22 not accelerate or delay the taking effect of (i) the changes
487487 23 made by this Act or (ii) provisions derived from any other
488488 24 Public Act.
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