The Illinois statutes
applicable to crime victim rights are enumerated below with our editorial
comments (in this color text).
Sections we consider worthy of highlighting appear in this color.
CRIMINAL PROCEDURE
(725 ILCS 120/) Rights of Crime Victims and Witnesses Act.
(725 ILCS 120/1) (from Ch. 38, par. 1401)
Sec. 1. Short title. This Article I may be cited as the Rights of Crime Victims
and Witnesses Act.
(Source: P.A. 88‑489.)
(725 ILCS 120/2) (from Ch. 38, par. 1402)
Sec. 2. The purpose of this Act is to implement, preserve
and protect the rights guaranteed to crime victims by Article I, Section 8.1 of
the Illinois Constitution to ensure that crime victims are treated with fairness
and respect for their dignity and privacy throughout the criminal justice system
and to increase the effectiveness of the criminal justice system by affording
certain basic rights and considerations to the witnesses of violent crime who
are essential to prosecution.
(Source: P.A. 88‑489.)
The constitutional amendment to
protect the rights of crime victims is one of the most important initiatives for
victims. This is a continuing movement nationwide that includes the
institution of victim advocates and the protection and services provided to the
innocent people who are the victims of those who choose to do evil. Passed
in 1992, it was passed into law by an overwhelming popular vote of 2,964,592 to
715,602.
The full text as it appears in the
State Constitution is:
SECTION 8.1. CRIME VICTIM'S RIGHTS.
(a) Crime victims, as defined by law, shall have the
following rights as provided by law:
(1) The right to be
treated with fairness and
respect for their dignity and privacy throughout the
criminal justice process.
(2) The right to
notification of court proceedings.
(3) The right to
communicate with the prosecution.
(4) The right to make a
statement to the court at
sentencing.
(5) The right to
information about the conviction,
sentence, imprisonment, and release of the accused.
(6) The right to timely
disposition of the case
following the arrest of the accused.
(7) The right to be
reasonably protected from the
accused throughout the criminal justice process.
(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, subject to the rules of evidence, an
advocate or other support person of the victim's choice.
(10) The right to
restitution.
(b) The General Assembly may provide by law for the
enforcement of this Section.
(c) The General Assembly may provide for an assessment
against convicted defendants to pay for crime victims'
rights.
(d) Nothing in this Section or in any law enacted under
this Section shall be construed as creating a basis for
vacating a conviction or a ground for appellate relief in any
criminal case.
(Source: Amendment adopted at general election November 3,
1992.)
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act, unless the context
clearly requires otherwise, shall have the following meanings:
(a) "Crime victim" means (1) a person physically injured in this State as a
result of a violent crime perpetrated or attempted against that person or (2) a
person who suffers injury to or loss of property as a result of a violent crime
perpetrated or attempted against that person or (3) a single representative who
may be the spouse, parent, child or sibling of a person killed as a result of a
violent crime perpetrated against the person killed or the spouse, parent, child
or sibling of any person granted rights under this Act who is physically or
mentally incapable of exercising such rights, except where the spouse, parent,
child or sibling is also the defendant or prisoner or (4) any person against
whom a violent crime has been committed or (5) any person who has suffered
personal injury as a result of a violation of Section 11‑501 of the Illinois
Vehicle Code, or of a similar provision of a local ordinance, or of Section 9‑3
of the Criminal Code of 1961, as amended or (6) in proceedings under the
Juvenile Court Act of 1987, both parents of a deceased minor who is a crime
victim;
Note how those often called
"secondary victims" are given legal standing as "victims" for purposes of
notification and representation in legal proceedings.
(b) "Witness" means any person who personally observed the commission of a
violent crime and who will testify on behalf of the State of Illinois in the
criminal prosecution of the violent crime;
(c) "Violent Crime" means any felony in which force or
threat of force was used against the victim, or any offense involving sexual
exploitation, sexual conduct or sexual penetration, domestic battery, violation
of an order of protection, stalking, or any misdemeanor which results in death
or great bodily harm to the victim or any violation of Section 9‑3 of the
Criminal Code of 1961, or Section 11‑501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, if the violation resulted in personal
injury or death, and includes any action committed by a juvenile that would be a
violent crime if committed by an adult. For the purposes of this paragraph,
"personal injury" shall include any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or medical facility. A type A
injury shall include severely bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from the scene;
(d) "Sentencing Hearing" means any hearing where a sentence is imposed by
the court on a convicted defendant and includes hearings conducted pursuant to
Sections 5‑6‑4, 5‑6‑4.1, 5‑7‑2 and 5‑7‑7 of the Unified Code of Corrections
except those cases in which both parties have agreed to the imposition of a
specific sentence.
(e) "Court proceedings" includes the preliminary hearing, any hearing the effect
of which may be the release of the defendant from custody or to alter the
conditions of bond, the trial, sentencing hearing, notice of appeal, any
modification of sentence, probation revocation hearings or parole hearings.
(Source: P.A. 94‑271, eff. 1‑1‑06.)
(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 throughout the criminal justice process.
(2) The right to notification of court proceedings.
(3) The right to communicate with the prosecution.
(4) The right to make a statement to the court at
sentencing.
(5) The right to information about the conviction,
sentence, imprisonment and 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.
(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, subject to the rules of evidence, an advocate or other support
person of the victim's choice.
(10) The right to restitution.
(b) A statement and explanation of the rights of crime victims set forth in
paragraph (a) of this Section shall be given to a crime victim at the initial
contact with the criminal justice system by the appropriate authorities and
shall be conspicuously posted in all court facilities.
(Source: P.A. 87‑224; 88‑489.)
This last section (b) has concerned
us for some years and should be foremost in every victim's mind. When you
go into a courthouse, do you see a copy of the Crime Victims' Rights posted
conspicuously? Did you receive a copy of your victim's rights in some
written form when you were initially contacted by the criminal justice system?
If not, please consider beginning a dialog with your victim advocates,
prosecutor's office, or even presiding judge once your case has been resolved in
order to correct these violations of our rights by those who are designated to
protect them. Please let us know the outcome.
For the following section note that
it is incumbent upon the victims to let the appropriate authorities know in
writing of their desire to receive notification of the following. Take
careful note of what you as a victim are guaranteed. If you are not
getting the service you are due, discuss your concerns with your local victim
advocate.
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime victims. To afford crime
victims their rights, law enforcement, prosecutors, judges and corrections will
provide information, as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the status of
the investigation, except where the State's Attorney determines that disclosure
of such information would unreasonably interfere with the investigation, until
such time as the alleged assailant is apprehended or the investigation is
closed.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of
information, the return of an indictment by which a prosecution for any violent
crime is commenced, or the filing of a petition to adjudicate a minor as a
delinquent for a violent crime;
(2) shall provide notice of the date, time, and
place of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance available for victims of
crime, including information of how to apply for these services and assistance;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for evidentiary or other
purposes returned as expeditiously as possible, pursuant to the procedures set
out in Section 115‑9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that employers of victims
will cooperate with the criminal justice system in order to minimize an
employee's loss of pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of
a secure waiting area during court proceedings that does not require victims to
be in close proximity to defendant or juveniles accused of a violent crime, and
their families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings;
(8) in the case of the death of a person, which
death occurred in the same transaction or occurrence in which acts occurred for
which a defendant is charged with an offense, shall notify the spouse, parent,
child or sibling of the decedent of the date of the trial of the person or
persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of evidence, an advocate
or other support person of the victim's choice, and the right to retain an
attorney, at the victim's own expense, who, upon written notice filed with the
clerk of the court and State's Attorney, is to receive copies of all notices,
motions and court orders filed thereafter in the case, in the same manner as if
the victim were a named party in the case; and
(10) at the sentencing hearing shall make a good
faith attempt to explain the minimum amount of time during which the defendant
may actually be physically imprisoned. The Office of the State's Attorney shall
further notify the crime victim of the right to request from the Prisoner Review
Board information concerning the release of the defendant under subparagraph
(d)(1) of this Section; and
(11) shall request restitution at sentencing and
shall consider restitution in any plea negotiation, as provided by law.
(c) At the written request of the crime victim, the office
of the State's Attorney shall:
(1) provide notice a reasonable time in advance of
the following court proceedings: preliminary hearing, any hearing the effect of
which may be the release of defendant from custody, or to alter the conditions
of bond and the sentencing hearing. The crime victim shall also be notified of
the cancellation of the court proceeding in sufficient time, wherever possible,
to prevent an unnecessary appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of the defendant on bail or
personal recognizance or the release from detention of a minor who has been
detained for a violent crime;
(3) explain in nontechnical language the details of
any plea or verdict of a defendant, or any adjudication of a juvenile as a
delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer of a plea bargain to
the defendant or enters into negotiations with the defendant concerning a
possible plea agreement, and shall consider the written victim impact statement,
if prepared prior to entering into a plea agreement;
(5) provide notice of the ultimate disposition of
the cases arising from an indictment or an information, or a petition to have a
juvenile adjudicated as a delinquent for a violent crime;
(6) provide notice of any appeal taken by the
defendant and information on how to contact the appropriate agency handling the
appeal;
(7) provide notice of any request for
post‑conviction review filed by the defendant under Article 122 of the Code of
Criminal Procedure of 1963, and of the date, time and place of any hearing
concerning the petition. Whenever possible, notice of the hearing shall be given
in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered by the Board in making
its determination under subsection (b) of Section 3‑3‑8 of the Unified Code of
Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the prisoner's release
on parole, mandatory supervised release, electronic detention, work
release or by the custodian of the discharge of any individual who was
adjudicated a delinquent for a violent crime from State custody and by the
sheriff of the appropriate county of any such person's final discharge from
county custody. The Prisoner Review Board, upon written
request, shall provide to a victim or any other concerned citizen a recent
photograph of any person convicted of a felony, upon his or her release
from custody. The Prisoner Review Board, upon written request, shall inform a
victim or any other concerned citizen when feasible at least 7 days prior to the
prisoner's release on furlough of the times and dates of such furlough. Upon
written request by the victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and dates of release of a
prisoner sentenced to periodic imprisonment. Notification shall be based on the
most recent information as to victim's or other concerned citizen's residence or
other location available to the notifying authority. For purposes of this
paragraph (1) of subsection (d), "concerned citizen"
includes relatives of the victim, friends of the victim, witnesses to the crime,
or any other person associated with the victim or prisoner.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5‑2‑4 or any other provision of
the Unified Code of Corrections, the victim may request to be notified by the
releasing authority of the defendant's discharge from State custody.
(3) In the event of an escape from State custody,
the Department of Corrections or the Department of Juvenile Justice immediately
shall notify the Prisoner Review Board of the escape and the Prisoner Review
Board shall notify the victim. The notification shall be based upon the most
recent information as to the victim's residence or other location available to
the Board. When no such information is available, the Board shall make all
reasonable efforts to obtain the information and make the notification. When the
escapee is apprehended, the Department of Corrections or the Department of
Juvenile Justice immediately shall notify the Prisoner Review Board and the
Board shall notify the victim.
(4) The victim of the crime for which the prisoner
has been sentenced shall receive reasonable written notice not less than 15 days
prior to the parole hearing and may submit, in writing, on film, videotape or
other electronic means or in the form of a recording or in person at the parole
hearing or if a victim of a violent crime, by calling the toll‑free number
established in subsection (f) of this Section, information for consideration by
the Prisoner Review Board. The victim shall be notified within 7 days
after the prisoner has been granted parole and shall be informed of the right to
inspect the registry of parole decisions, established under subsection (g) of
Section 3‑3‑5 of the Unified Code of Corrections. The provisions of this
paragraph (4) are subject to the Open Parole Hearings Act.
This section on the PRB protects the
victim's rights to notification of parole hearings held by the PRB and how input
may be made to the board. As far as we know from talking to involved
victims, when the PRB was created, there were many victims who were not notified
of the requirement that they must submit notice in writing of their intent to be
involved and informed with the case. As a result, these victims have
fallen through the cracks and are no longer notified of hearings as they have a
right to be. Also, note that the PRB's official website states that
materials must be written, but the law says they have to accept video
submissions. Furthermore, in the PRB statutes it is stated that these
submissions must be considered in all subsequent hearings once entered as
testimony. Note also that "concerned citizens" as defined are also allowed
to submit testimony for parole hearings.
The PRB receive a deficiency in its
2004 Audit stated as follows: " The Board did not establish or publicize a
toll-free number for victim use in a timely manner." This deficiency has
since been remedied but it is sad that it was an issue in the first place.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order of discharge entered
by the Board pursuant to Section 3‑3‑8 of the Unified Code of Corrections.
(6) At the written request of the victim of the
crime for which the prisoner was sentenced, the Prisoner Review Board shall
notify the victim of the death of the prisoner if the prisoner died while on
parole or mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile Justice, or the Department
of Human Services is released or discharged and subsequently committed to the
Department of Human Services as a sexually violent person and the victim had
requested to be notified by the releasing authority of the defendant's discharge
from State custody, the releasing authority shall provide to the Department of
Human Services such information that would allow the Department of Human
Services to contact the victim.
(e) The officials named in this Section may satisfy some or all of their
obligations to provide notices and other information through participation in a
statewide victim and witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a victim of a violent crime to provide information to the Prisoner
Review Board for consideration by the Board at a parole hearing of a person who
committed the crime against the victim in accordance with clause (d)(4) of this
Section or at a proceeding to determine the conditions of mandatory supervised
release of a person sentenced to a determinate sentence or at a hearing on
revocation of mandatory supervised release of a person sentenced to a
determinate sentence, the Board shall establish a toll‑free number that may be
accessed by the victim of a violent crime to present that information to the
Board.
(Source: P.A. 93‑235, eff. 7‑22‑03; 94‑696, eff. 6‑1‑06.)
(725 ILCS 120/5) (from Ch. 38, par. 1405)
Sec. 5. Rights of Witnesses.
(a) Witnesses as defined in subsection (b) of Section 3 of this Act shall have
the following rights:
(1) to be notified by the Office of the State's
Attorney of all court proceedings at which the witness' presence is required in
a reasonable amount of time prior to the proceeding, and to be notified of the
cancellation of any scheduled court proceeding in sufficient time to prevent an
unnecessary appearance in court, where possible;
(2) to be provided with appropriate employer
intercession services by the Office of the State's Attorney or the victim
advocate personnel to ensure that employers of witnesses will cooperate with the
criminal justice system in order to minimize an employee's loss of pay and other
benefits resulting from court appearances;
(3) to be provided, whenever possible, a secure
waiting area during court proceedings that does not require witnesses to be in
close proximity to defendants and their families and friends;
(4) to be provided with notice by the Office of the
State's Attorney, where necessary, of the right to have a translator present
whenever the witness' presence is required.
(b) At the written request of the witness, the witness shall:
(1) receive notice from the office of the State's
Attorney of any request for post‑conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and of the date, time,
and place of any hearing concerning the petition for post‑conviction review;
whenever possible, notice of the hearing on the petition shall be given in
advance;
(2) receive notice by the releasing authority of the
defendant's discharge from State custody if the defendant was committed to the
Department of Human Services under Section 5‑2‑4 or any other provision of the
Unified Code of Corrections;
(3) receive notice from the Prisoner Review Board of
the prisoner's escape from State custody, after the Board has been notified of
the escape by the Department of Corrections or the Department of Juvenile
Justice; when the escapee is apprehended, the Department of Corrections or the
Department of Juvenile Justice shall immediately notify the Prisoner Review
Board and the Board shall notify the witness;
(4) receive notice from the Prisoner Review Board of
the prisoner's release on parole, electronic detention, work release or
mandatory supervised release and of the prisoner's final discharge from parole,
electronic detention, work release, or mandatory supervised release.
(Source: P.A. 94‑696, eff. 6‑1‑06.)
(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 and a victim of
the violent crime or the victim's spouse, guardian, parent, grandparent, 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,
grandparent, and other immediate family or household member upon his, her, or
their request may be permitted by the court to address the court regarding the
impact that the defendant's criminal conduct or the juvenile's delinquent
conduct has had upon them and the victim. The court has discretion to
determine the number of oral presentations of victim impact statements. Any
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, grandparent, or other immediate family or household member or
his, 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 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. Any written victim impact statement submitted to
the Office of the State's Attorney shall be considered by the court during its
consideration of aggravation and mitigation in plea proceedings under Supreme
Court Rule 402.
(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. 92‑412, eff. 1‑1‑02; 93‑819, eff. 7‑27‑04.)
We have found that victim impact
statements are very important components of the legal system for victims and
victims' families. The ability to be heard in court is a valuable asset to
the grieving family member when it seems that everyone else has a voice except
the victim. We urge you to take advantage of victim impact statements and
take steps to enforce your rights in this regard.
(725 ILCS 120/7) (from Ch. 38, par. 1407)
Sec. 7. Responsibilities of victims and witnesses. Victims and witnesses shall
have the following responsibilities to aid in the prosecution of violent crime:
(a) To make a timely report of the violent crime;
(b) To cooperate with law enforcement authorities throughout the investigation,
prosecution, and trial;
(c) To testify at trial;
(d) To notify law enforcement authorities of any change of address.
(Source: P.A. 83‑1499.)
(725 ILCS 120/8)
Sec. 8. Privately operated crime victim and witness notification service. A
county sheriff with the approval of the county board in counties with 3,000,000
or fewer inhabitants, or a county department of corrections with the approval of
the county board of commissioners and under the direction of the sheriff in
counties with more than 3,000,000 inhabitants, and the office of the State's
Attorney with the approval of the respective county board or county board of
commissioners may contract with a private entity to operate a crime victim and
witness notification service. The county sheriff, the county department of
corrections, and the State's Attorney shall make available to the private entity
the information to implement the notification procedure in a timely manner. The
private entity shall immediately deliver the notification information to the
requesting crime victim or witness according to the requirements of this Act for
certain offenses determined by the county board upon the release or discharge of
a defendant or prisoner in county custody. The release of information to the
private entity to implement the contract shall be limited to the extent
necessary to comply with the provisions of this Act.
(Source: P.A. 90‑744, eff. 1‑1‑99.)
(725 ILCS 120/8.5)
Sec. 8.5. Statewide victim and witness notification system.
(a) The Attorney General may establish a crime victim and
witness notification system to assist public officials in carrying out their
duties to notify and inform crime victims and witnesses under Section 4.5 of
this Act as the Attorney General specifies by rule. The system shall download
necessary information from participating officials into its computers, where it
shall be maintained, updated, and automatically transmitted to victims and
witnesses by telephone, computer, or written notice.
(b) The Illinois Department of Corrections, the Department of Juvenile
Justice, the Department of Human Services, and the Prisoner Review Board shall
cooperate with the Attorney General in the implementation of this Section and
shall provide information as necessary to the effective operation of the system.
(c) State's attorneys, circuit court clerks, and local law enforcement and
correctional authorities may enter into agreements with the Attorney General for
participation in the system. The Attorney General may provide those who elect to
participate with the equipment, software, or training necessary to bring their
offices into the system.
(d) The provision of information to crime victims and witnesses through the
Attorney General's notification system satisfies a given State or local
official's corresponding obligation under Section 4.5 to provide the
information.
(e) The Attorney General may provide for telephonic, electronic, or other public
access to the database established under this Section.
(f) The Attorney General shall adopt rules as necessary to implement this
Section. The rules shall include, but not be limited to, provisions for the
scope and operation of any system the Attorney General may establish and
procedures, requirements, and standards for entering into agreements to
participate in the system and to receive equipment, software, or training.
(g) There is established in the Office of the Attorney General a Crime Victim
and Witness Notification Advisory Committee consisting of those victims
advocates, sheriffs, State's Attorneys, circuit court clerks, Illinois
Department of Corrections, the Department of Juvenile Justice, and Prisoner
Review Board employees that the Attorney General chooses to appoint. The
Attorney General shall designate one member to chair the Committee.
(1) The Committee shall consult with and advise the
Attorney General as to the exercise of the Attorney General's authority under
this Section, including, but not limited to:
(i) the design, scope, and operation of the
notification system;
(ii) the content of any rules adopted to
implement this Section;
(iii) the procurement of hardware, software, and
support for the system, including choice of supplier or operator; and
(iv) the acceptance of agreements with and the
award of equipment, software, or training to officials that seek to participate
in the system.
(2) The Committee shall review the status and
operation of the system and report any findings and recommendations for changes
to the Attorney General and the General Assembly by November 1 of each year.
(3) The members of the Committee shall receive no
compensation for their services as members of the Committee, but may be
reimbursed for their actual expenses incurred in serving on the Committee.
(Source: P.A. 93‑258, eff. 1‑1‑04; 94‑696, eff. 6‑1‑06.)
In Illinois, as in many states, the
automated VINE (Victim Information and Notification Everyday) system is used for
24 hour anonymous telephone notification designed to notify primarily victims
(although we have recently found out that inmates' families are also using the
system for their own information purposes even though money allocated to victims
is used to pay for the service) of the change in status of inmates.
Information on the VINE system may be obtained from your local victim advocate
or prosecutor's office.
(725 ILCS 120/9) (from Ch. 38, par. 1408)
Sec. 9. This Act does not limit any rights or responsibilities otherwise enjoyed
by or imposed upon victims or witnesses of violent crime, nor does it grant any
person a cause of action for damages or attorneys fees. Any act of omission or
commission by any law enforcement officer, circuit court clerk, or State's
Attorney, by the Attorney General, Prisoner Review Board, Department of
Corrections, the Department of Juvenile Justice, Department of Human Services,
or other State agency, or private entity under contract pursuant to Section 8,
or by any employee of any State agency or private entity under contract pursuant
to Section 8 acting in good faith in rendering crime victim's assistance or
otherwise enforcing this Act shall not impose civil liability upon the
individual or entity or his or her supervisor or employer. Nothing in this Act
shall create a basis for vacating a conviction or a ground for appellate relief
in any criminal case. Failure of the crime victim to receive notice as required,
however, shall not deprive the court of the power to act regarding the
proceeding before it; nor shall any such failure grant the defendant the right
to seek a continuance.
(Source: P.A. 93‑258, eff. 1‑1‑04; 94‑696, eff. 6‑1‑06.)
That's it. We hope that this
information will be helpful to you in protecting your victims' rights if
you have been affected by a violent crime. Sadly, victims are often at the
mercy of the professionals in the criminal justice system and it may be
difficult to stand up to violations of your rights if others are determined to
deny them. We are currently working with the Illinois Attorney General's
Office to examine the feasibility of establishing a Crime Victim's Ombudsman's
office to help give additional protection to the victims' rights in Illinois.
Additional information for victims
of traumatic loss is available in the book by Bill Jenkins entitled What to
Do When the Police Leave: A Guide to the First Days of Traumatic Loss.
Click here for more information on this book that has
been called the "bible for victims."
