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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
91_SB1332eng SB1332 Engrossed 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, orof(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 SB1332 Engrossed -2- LRB9110671RCpk 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.) SB1332 Engrossed -3- LRB9110671RCpk 1 Section 99. Effective date. This Act takes effect 2 January 1, 2001.