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91_SB1332
LRB9110671RCpk
1 AN ACT to amend the Rights of Crime Victims and Witnesses
2 Act by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Rights of Crime Victims and Witnesses Act
6 is amended by changing Section 3 as follows:
7 (725 ILCS 120/3) (from Ch. 38, par. 1403)
8 Sec. 3. The terms used in this Act, unless the context
9 clearly requires otherwise, shall have the following
10 meanings:
11 (a) "Crime victim" means (1) a person physically injured
12 in this State as a result of a violent crime perpetrated or
13 attempted against that person or (2) a person who suffers
14 injury to or loss of property as a result of a violent crime
15 perpetrated or attempted against that person or (3) a single
16 representative who may be the spouse, parent, child or
17 sibling of a person killed as a result of a violent crime
18 perpetrated against the person killed or the spouse, parent,
19 child or sibling of any person granted rights under this Act
20 who is physically or mentally incapable of exercising such
21 rights, except where the spouse, parent, child or sibling is
22 also the defendant or prisoner or (4) any person against whom
23 a violent crime has been committed or (5) any person who has
24 suffered personal injury as a result of a violation of: (i)
25 Section 11-501 of the Illinois Vehicle Code, or of a similar
26 provision of a local ordinance, or of (ii) Section 9-3 of the
27 Criminal Code of 1961 or (iii) the Cannabis Control Act or
28 the Illinois Controlled Substances Act., as amended;
29 (b) "Witness" means any person who personally observed
30 the commission of a violent crime and who will testify on
31 behalf of the State of Illinois in the criminal prosecution
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1 of the violent crime;
2 (c) "Violent Crime" means any felony in which force or
3 threat of force was used against the victim, or any offense
4 involving sexual exploitation, sexual conduct or sexual
5 penetration, domestic battery, violation of an order of
6 protection, stalking, or any misdemeanor which results in
7 death or great bodily harm to the victim or any violation of
8 Section 9-3 of the Criminal Code of 1961, or Section 11-501
9 of the Illinois Vehicle Code, or a similar provision of a
10 local ordinance, or any offense that is a violation of the
11 Illinois Controlled Substances Act or the Cannabis Control
12 Act, if the violation resulted in personal injury or death,
13 and includes any action committed by a juvenile that would be
14 a violent crime if committed by an adult. For the purposes of
15 this paragraph, "personal injury" shall include any Type A
16 injury as indicated on the traffic accident report completed
17 by a law enforcement officer that requires immediate
18 professional attention in either a doctor's office or medical
19 facility. A type A injury shall include severely bleeding
20 wounds, distorted extremities, and injuries that require the
21 injured party to be carried from the scene;
22 (d) "Sentencing Hearing" means any hearing where a
23 sentence is imposed by the court on a convicted defendant and
24 includes hearings conducted pursuant to Sections 5-6-4,
25 5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code of Corrections
26 except those cases in which both parties have agreed to the
27 imposition of a specific sentence.
28 (e) "Court proceedings" includes the preliminary
29 hearing, any hearing the effect of which may be the release
30 of the defendant from custody or to alter the conditions of
31 bond, the trial, sentencing hearing, notice of appeal, any
32 modification of sentence, probation revocation hearings or
33 parole hearings.
34 (Source: P.A. 88-316; 88-489; 88-670, eff. 12-2-94.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 2001.