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Public Act 093-0819
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| HB4777 Enrolled |
LRB093 15194 RLC 40790 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Rights of Crime Victims and Witnesses Act is |
amended by changing Section 6 as follows:
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(725 ILCS 120/6) (from Ch. 38, par. 1406)
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Sec. 6. Rights to present victim impact statement.
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(a) In any case where a defendant has been convicted of a |
violent crime or a
juvenile has been adjudicated a delinquent |
for a violent crime except
those in which both parties have |
agreed to the imposition of a specific
sentence, and a victim |
of the violent crime or the victim's spouse,
guardian, parent, |
grandparent, or other immediate family or household member is |
present in
the
courtroom at the time of the sentencing or the |
disposition hearing,
the victim or his or her representative |
shall have the right and the victim's
spouse, guardian, parent, |
grandparent, and
or other immediate
family or household member |
upon his, her, or
their request may be permitted by the court |
to address the
court regarding the impact that the defendant's |
criminal conduct
or the
juvenile's delinquent conduct has had |
upon them and the victim.
The court has discretion to determine |
the number of oral presentations of victim impact statements.
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Any impact
statement must have been prepared in writing in |
conjunction with the Office
of the State's Attorney prior to |
the initial hearing or sentencing, before
it can be presented |
orally or in writing at the sentencing hearing. In
conjunction |
with the Office of the State's Attorney, a victim impact |
statement
that is presented orally may be done so by the victim |
or the victim's spouse,
guardian, parent, grandparent, or other |
immediate family or household member or
his,
her, or their
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representative. At the sentencing hearing, the prosecution may |
introduce
that evidence either in its
case in chief or in |