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Measure Details

Proposed Amendment of Section 8.1 of Article I of the Illinois Constitution

Illinois Ballot Measure - HJRCA 1

Election: Nov. 4, 2014 (General)
Outcome: Pending

Categories:
Crime
Legal
Constitution

Summary

Proposes to amend the Bill of Rights Article of the Illinois Constitution concerning crime victim's rights. Provides that in addition to other rights provided in the Constitutional provision, a crime victim has the right to: (1) be free from harassment, intimidation, and abuse; (2) refuse to disclose information that is privileged or confidential by law; (3) timely notification of all court proceedings; (4) be heard at any proceeding involving a post-arraignment release decision, plea, sentencing, post-conviction or post-adjudication release decision, and any post-arraignment proceeding in which a right of the victim is at issue; (5) receive a report related to the defendant's sentence when available to the accused; and (6) have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. Provides that a victim, victim's lawyer, or the prosecuting attorney may assert the victim's constitutional rights in court. Provides that nothing in this Constitutional provision creates any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. Effective upon being declared adopted.

Committee Amendment:
Reinserts the Constitutional Amendment as introduced. Changes the title of the constitutional provision from crime victim's rights to crime victims' rights. Restores provision that crime victims have the right to communicate (rather than confer) with the prosecution. Proposes that the victim has standing to assert the rights enumerated in the victims' right provision in any court exercising jurisdiction over the case. Proposes that the court shall promptly rule on a victim's request (rather than act on a victim's request). Proposes that the victim does not have party status. Proposes that the accused does not have standing to assert the rights of a victim. Proposes that the court shall not appoint an attorney for the victim under this provision. Proposes that nothing in the constitutional provision shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney. Deletes that a victim, the victim's lawyer, or the prosecuting attorney may assert the rights enumerated in the victims' right provision in any court with jurisdiction over the case as a matter of right. Deletes that crime victims have the right to have access to information in a report related to any aspect of a defendant's sentence when available to the defendant, as the General Assembly may provide by law. Deletes that crime victims have the right to refuse to disclose to the defendant information that is privileged or confidential by law, as determined by a court of law with jurisdiction over the case. Provides that crime victims have 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.

Measure Text

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