| ||||
| Public Act 104-0326 | ||||
| ||||
AN ACT concerning criminal law. | ||||
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 4 as follows: | ||||
(725 ILCS 120/4) (from Ch. 38, par. 1404) | ||||
Sec. 4. Rights of crime victims. | ||||
(a) Crime victims shall have the following rights: | ||||
(1) The right to be treated with fairness and respect | ||||
for their dignity and privacy and to be free from | ||||
harassment, intimidation, and abuse throughout the | ||||
criminal justice process. | ||||
(1.1) When a person reports being a crime victim as | ||||
defined in Section 3, the right to be treated with | ||||
fairness and respect during the investigatory process, | ||||
including the right to be free from deception, which is | ||||
the knowing communication of false facts about evidence. | ||||
(1.5) The right to notice and to a hearing before a | ||||
court ruling on a request for access to any of the victim's | ||||
records, information, or communications which are | ||||
privileged or confidential by law. | ||||
(1.6) Except as otherwise provided in Section 9.5 of | ||||
the Criminal Identification Act or Section 3-3013 of the | ||||
Counties Code, whenever a person's DNA profile is | ||
collected due to the person being a victim of a crime, as | ||
identified by law enforcement, that specific profile | ||
collected in conjunction with that criminal investigation | ||
shall not be entered into any DNA database. Nothing in | ||
this paragraph (1.6) shall be interpreted to contradict | ||
rules and regulations developed by the Federal Bureau of | ||
Investigation relating to the National DNA Index System or | ||
Combined DNA Index System. | ||
(2) The right to timely notification of all court | ||
proceedings. | ||
(3) The right to communicate with the prosecution. | ||
(4) The right to be heard at any post-arraignment | ||
court proceeding in which a right of the victim is at issue | ||
and any court proceeding involving a post-arraignment | ||
release decision, plea, or sentencing. | ||
(5) The right to be notified of the conviction, the | ||
sentence, the imprisonment and the release of the accused. | ||
(6) The right to the timely disposition of the case | ||
following the arrest of the accused. | ||
(7) The right to be reasonably protected from the | ||
accused through the criminal justice process. | ||
(7.5) The right to have the safety of the victim and | ||
the victim's family considered in determining whether to | ||
release the defendant and setting conditions of release | ||
after arrest and conviction. | ||
(8) The right to be present at the trial and all other | ||
court proceedings on the same basis as the accused, unless | ||
the victim is to testify and the court determines that the | ||
victim's testimony would be materially affected if the | ||
victim hears other testimony at the trial. | ||
(9) The right to have present at all court | ||
proceedings, including proceedings under the Juvenile | ||
Court Act of 1987, subject to the rules of evidence, an | ||
advocate and other support person of the victim's choice. | ||
(10) The right to restitution. | ||
(b) Any law enforcement agency that investigates an | ||
offense committed in this State shall provide a crime victim | ||
with a written statement and explanation of the rights of | ||
crime victims under this amendatory Act of the 99th General | ||
Assembly within 48 hours of law enforcement's initial contact | ||
with a victim. The statement shall include information about | ||
crime victim compensation, including how to contact the Office | ||
of the Illinois Attorney General to file a claim, and | ||
appropriate referrals to local and State programs that provide | ||
victim services. The content of the statement shall be | ||
provided to law enforcement by the Attorney General. Law | ||
enforcement shall also provide a crime victim with a sign-off | ||
sheet that the victim shall sign and date as an | ||
acknowledgement that he or she has been furnished with | ||
information and an explanation of the rights of crime victims | ||
and compensation set forth in this Act. | ||
(b-5) Upon the request of the victim, the law enforcement | ||
agency having jurisdiction shall provide a free copy of the | ||
police report concerning the victim's incident, as soon as | ||
practicable, but in no event later than 5 business days from | ||
the request. | ||
(c) The Clerk of the Circuit Court shall post the rights of | ||
crime victims set forth in Article I, Section 8.1(a) of the | ||
Illinois Constitution and subsection (a) of this Section | ||
within 3 feet of the door to any courtroom where criminal | ||
proceedings are conducted. The clerk may also post the rights | ||
in other locations in the courthouse. | ||
(d) At any point, the victim has the right to retain a | ||
victim's attorney who may be present during all stages of any | ||
interview, investigation, or other interaction with | ||
representatives of the criminal justice system. Treatment of | ||
the victim should not be affected or altered in any way as a | ||
result of the victim's decision to exercise this right. | ||
(Source: P.A. 103-792, eff. 1-1-25.) | ||