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Illinois General Assembly· HB 3710Governor Approved

CRIME VICTIMS RIGHTS, the official text

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HB3710 Enrolled                     LRB104 10600 RLC 20676 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Rights of Crime Victims and Witnesses Act

5 is amended by changing Section 4 as follows:

6   (725 ILCS 120/4) (from Ch. 38, par. 1404)

7   Sec. 4. Rights of crime victims.

8   (a) Crime victims shall have the following rights:

9   (1) The right to be treated with fairness and respect

10  for their dignity and privacy and to be free from

11  harassment, intimidation, and abuse throughout the

12  criminal justice process.

13  (1.1) When a person reports being a crime victim as

14  defined in Section 3, the right to be treated with

15  fairness and respect during the investigatory process,

16  including the right to be free from deception, which is

17  the knowing communication of false facts about evidence.

18  (1.5) The right to notice and to a hearing before a

19  court ruling on a request for access to any of the victim's

20  records, information, or communications which are

21  privileged or confidential by law.

22  (1.6) Except as otherwise provided in Section 9.5 of

23  the Criminal Identification Act or Section 3-3013 of the
    HB3710 Enrolled  -2-          LRB104 10600 RLC 20676 b

1   Counties Code, whenever a person's DNA profile is

2   collected due to the person being a victim of a crime, as

3   identified by law enforcement, that specific profile

4   collected in conjunction with that criminal investigation

5   shall not be entered into any DNA database. Nothing in

6   this paragraph (1.6) shall be interpreted to contradict

7   rules and regulations developed by the Federal Bureau of

8   Investigation relating to the National DNA Index System or

9   Combined DNA Index System.

10  (2) The right to timely notification of all court

11  proceedings.

12  (3) The right to communicate with the prosecution.

13  (4) The right to be heard at any post-arraignment

14  court proceeding in which a right of the victim is at issue

15  and any court proceeding involving a post-arraignment

16  release decision, plea, or sentencing.

17  (5) The right to be notified of the conviction, the

18  sentence, the imprisonment and the release of the accused.

19  (6) The right to the timely disposition of the case

20  following the arrest of the accused.

21  (7) The right to be reasonably protected from the

22  accused through the criminal justice process.

23  (7.5) The right to have the safety of the victim and

24  the victim's family considered in determining whether to

25  release the defendant and setting conditions of release

26  after arrest and conviction.
    HB3710 Enrolled  -3-            LRB104 10600 RLC 20676 b

1   (8) The right to be present at the trial and all other

2   court proceedings on the same basis as the accused, unless

3   the victim is to testify and the court determines that the

4   victim's testimony would be materially affected if the

5   victim hears other testimony at the trial.

6   (9) The right to have present at all court

7   proceedings, including proceedings under the Juvenile

8   Court Act of 1987, subject to the rules of evidence, an

9   advocate and other support person of the victim's choice.

10  (10) The right to restitution.

11  (b) Any law enforcement agency that investigates an

12 offense committed in this State shall provide a crime victim

13 with a written statement and explanation of the rights of

14 crime victims under this amendatory Act of the 99th General

15 Assembly within 48 hours of law enforcement's initial contact

16 with a victim. The statement shall include information about

17 crime victim compensation, including how to contact the Office

18 of the Illinois Attorney General to file a claim, and

19 appropriate referrals to local and State programs that provide

20 victim services. The content of the statement shall be

21 provided to law enforcement by the Attorney General. Law

22 enforcement shall also provide a crime victim with a sign-off

23 sheet that the victim shall sign and date as an

24 acknowledgement that he or she has been furnished with

25 information and an explanation of the rights of crime victims

26 and compensation set forth in this Act.
    HB3710 Enrolled  -4-                  LRB104 10600 RLC 20676 b

1   (b-5) Upon the request of the victim, the law enforcement

2 agency having jurisdiction shall provide a free copy of the

3 police report concerning the victim's incident, as soon as

4 practicable, but in no event later than 5 business days from

5 the request.

6   (c) The Clerk of the Circuit Court shall post the rights of

7 crime victims set forth in Article I, Section 8.1(a) of the

8 Illinois Constitution and subsection (a) of this Section

9 within 3 feet of the door to any courtroom where criminal

10 proceedings are conducted. The clerk may also post the rights

11 in other locations in the courthouse.

12  (d) At any point, the victim has the right to retain a

13 victim's attorney who may be present during all stages of any

14 interview, investigation, or other interaction with

15 representatives of the criminal justice system. Treatment of

16 the victim should not be affected or altered in any way as a

17 result of the victim's decision to exercise this right.

18 (Source: P.A. 103-792, eff. 1-1-25.)
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