State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0412

HB0863 Enrolled                                LRB9204826RCsb

    AN ACT in relation to victims' rights.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Rights of Crime Victims and Witnesses Act
is amended by changing Section 6 as follows:

    (725 ILCS 120/6) (from Ch. 38, par. 1406)
    Sec. 6.  Rights to present victim impact statement.
    (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, 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,  or  other  immediate  family  or
household member upon his, or her, or their  request  may  be
permitted by the court to shall have the right to address the
court   regarding  the  impact  that  which  the  defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon them and the  victim.  Any  If  the  victim  chooses  to
exercise  this  right,  the  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,  or  other  immediate  family or household
member or his, or  her,  or  their  representative.   At  the
sentencing   hearing,  the  prosecution  may  introduce  that
evidence either in its case in chief  or  in  rebuttal.   The
court shall consider any impact statement admitted statements
made  by the victim, along with all other appropriate factors
in determining the sentence of the defendant  or  disposition
of such juvenile.
    (b)  The  crime  victim has the right to prepare a victim
impact statement and present it to the Office of the  State's
Attorney at any time during the proceedings.
    (c)  This Section shall apply to any victims of a violent
crime during any dispositional hearing under Section 5-705 of
the  Juvenile Court Act of 1987 which takes place pursuant to
an adjudication of delinquency for any such offense.
(Source: P.A. 90-590, eff. 1-1-99; 91-693, eff. 4-13-00.)
    Passed in the General Assembly May 23, 2001.
    Approved August 17, 2001.