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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Rights of Crime Victims and Witnesses Act is | ||||||
| 5 | amended by changing Section 6 as follows:
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| 6 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
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| 7 | Sec. 6. Rights to present victim impact statement.
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| 8 | (a) In any case where a defendant has been convicted of a | ||||||
| 9 | violent crime or a
juvenile has been adjudicated a delinquent | ||||||
| 10 | for a violent crime and a victim of the violent crime or the | ||||||
| 11 | victim's spouse,
guardian, parent, grandparent, or other | ||||||
| 12 | immediate family or household member is present in
the
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| 13 | courtroom at the time of the sentencing or the disposition | ||||||
| 14 | hearing,
the victim or his or her representative shall have the | ||||||
| 15 | right and the victim's
spouse, guardian, parent, grandparent, | ||||||
| 16 | and other immediate
family or household member upon his, her, | ||||||
| 17 | or
their request may be permitted by the court to address the
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| 18 | court regarding the impact that the defendant's criminal | ||||||
| 19 | conduct
or the
juvenile's delinquent conduct has had upon them | ||||||
| 20 | and the victim.
The court has discretion to determine the | ||||||
| 21 | number of oral presentations of victim impact statements.
Any | ||||||
| 22 | impact
statement must have been prepared in writing in | ||||||
| 23 | conjunction with the Office
of the State's Attorney prior to | ||||||
| 24 | the initial hearing or sentencing, before
it can be presented | ||||||
| 25 | orally or in writing at the sentencing hearing. In
conjunction | ||||||
| 26 | with the Office of the State's Attorney, a victim impact | ||||||
| 27 | statement
that is presented orally may be done so by the victim | ||||||
| 28 | or the victim's spouse,
guardian, parent, grandparent, or other | ||||||
| 29 | immediate family or household member or
his,
her, or their
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| 30 | representative. At the sentencing hearing, the prosecution may | ||||||
| 31 | introduce
that evidence either in its
case in chief or in | ||||||
| 32 | rebuttal. The court shall
consider any impact statement | ||||||
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| 1 | admitted
along with
all
other appropriate factors in | ||||||
| 2 | determining the sentence of the defendant or
disposition of | ||||||
| 3 | such juvenile.
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| 4 | (b) The crime victim has the right to prepare a victim | ||||||
| 5 | impact statement
and present it to the Office of the State's | ||||||
| 6 | Attorney at any time during the
proceedings. Any written victim | ||||||
| 7 | impact statement submitted to the Office of the State's | ||||||
| 8 | Attorney shall be considered by the court during its | ||||||
| 9 | consideration of aggravation and mitigation in plea | ||||||
| 10 | proceedings under Supreme Court Rule 402.
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| 11 | (c) This Section shall apply to any victims of a violent | ||||||
| 12 | crime during any
dispositional hearing under Section 5-705 of | ||||||
| 13 | the Juvenile Court
Act of 1987 which takes place pursuant to an | ||||||
| 14 | adjudication of
delinquency for any such offense.
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| 15 | (d) If a violent crime has an impact on the community where | ||||||
| 16 | the incident took place, the State's Attorney for that county | ||||||
| 17 | may request any one person, association, or other group of | ||||||
| 18 | persons to prepare a community impact statement in writing in | ||||||
| 19 | conjunction with the State's Attorney's Office prior to the | ||||||
| 20 | imposition of the sentence on a defendant or dispositional | ||||||
| 21 | hearing under Section 5-705 of the Juvenile Court Act of 1987. | ||||||
| 22 | Only one community impact statement shall be admitted in court | ||||||
| 23 | for consideration at the sentencing or dispositional hearing. A | ||||||
| 24 | community impact statement may be presented in addition to a | ||||||
| 25 | victim impact statement allowed under subsections (a) and (c) | ||||||
| 26 | of this Section. For purposes of this subsection (d), | ||||||
| 27 | "community impact statement" means a written statement | ||||||
| 28 | providing information about the financial, emotional, and | ||||||
| 29 | physical effects of a crime on a community; and "community" | ||||||
| 30 | means a social or body of people living or working in the same | ||||||
| 31 | place or neighborhood sharing common interests arising from | ||||||
| 32 | social, business, religious, governmental, scholastic or | ||||||
| 33 | recreational association. | ||||||
| 34 | (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
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