Bill Text: IL HB1168 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Provides that except in certain medical examiner or coroner investigations, 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. Provides that nothing in this provision shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to National DNA Index System or Combined DNA Index System. Defines "DNA database".

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Engrossed) 2024-04-24 - Assigned to Special Committee on Criminal Law and Public Safety [HB1168 Detail]

Download: Illinois-2023-HB1168-Engrossed.html

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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 Sections 3 and 4 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
(Text of Section before amendment by P.A. 102-982)
Sec. 3. The terms used in this Act shall have the following
meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of
a violent crime perpetrated or attempted against that person
or direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18
years of age or an adult victim who is incompetent or
incapacitated, both parents, legal guardians, foster parents,
or a single adult representative; (3) in the case of an adult
deceased victim, 2 representatives who may be the spouse,
parent, child or sibling of the victim, or the representative

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of the victim's estate; and (4) an immediate family member of a
victim under clause (1) of this paragraph (a) chosen by the
victim. If the victim is 18 years of age or over, the victim
may choose any person to be the victim's representative. In no
event shall the defendant or any person who aided and abetted
in the commission of the crime be considered a victim, a crime
victim, or a representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings.
(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, inpatient treatment, outpatient treatment,
conditional release after a finding that the defendant is not
guilty by reason of insanity, clemency, or a proposal that
would reduce the defendant's sentence or result in the
defendant's release. "Early release" refers to a discretionary

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release.
(a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, early release, consideration of inpatient treatment
or outpatient treatment, or conditional release after a
finding that the defendant is not guilty by reason of
insanity.
(a-10) "Status hearing" means a hearing designed to
provide information to the court, at which no motion of a
substantive nature and no constitutional or statutory right of
a crime victim is implicated or at issue.
(b) "Witness" means: any person who personally observed
the commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
(c) "Violent crime" means: (1) any felony in which force
or threat of force was used against the victim; (2) any offense
involving sexual exploitation, sexual conduct, or sexual
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) domestic battery or stalking; (5)
violation of an order of protection, a civil no contact order,
or a stalking no contact order; (6) any misdemeanor which
results in death or great bodily harm to the victim; or (7) any

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violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, 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. "Violent
crime" 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) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code or Section 5-2-4 of the
Unified Code of Corrections after a finding that the defendant
is not guilty by reason of insanity, including a hearing for
conditional release, any hearing related to a modification of
sentence, probation revocation hearing, aftercare release or

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parole hearings, post-conviction relief proceedings, habeas
corpus proceedings and clemency proceedings related to the
defendant's conviction or sentence. For purposes of the
victim's right to be present, "court proceedings" does not
include (1) hearings under Section 109-1 of the Code of
Criminal Procedure of 1963, (2) grand jury proceedings, (3)
status hearings, or (4) the issuance of an order or decision of
an Illinois court that dismisses a charge, reverses a
conviction, reduces a sentence, or releases an offender under
a court rule.
(f) "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.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(h) "Support person" means a person chosen by a victim to
be present at court proceedings.
(Source: P.A. 102-1104, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
Sec. 3. The terms used in this Act shall have the following

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meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of
a violent crime perpetrated or attempted against that person
or direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18
years of age or an adult victim who is incompetent or
incapacitated, both parents, legal guardians, foster parents,
or a single adult representative; (3) in the case of an adult
deceased victim, 2 representatives who may be the spouse,
parent, child or sibling of the victim, or the representative
of the victim's estate; and (4) an immediate family member of a
victim under clause (1) of this paragraph (a) chosen by the
victim. If the victim is 18 years of age or over, the victim
may choose any person to be the victim's representative. In no
event shall the defendant or any person who aided and abetted
in the commission of the crime be considered a victim, a crime
victim, or a representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings.

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(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-6) "DNA database" means a collection of DNA profiles
from forensic casework or specimens from anonymous,
identified, and unidentified sources that is created to search
DNA records against each other to develop investigative leads
among forensic cases.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, inpatient treatment, outpatient treatment,
conditional release after a finding that the defendant is not
guilty by reason of insanity, clemency, or a proposal that
would reduce the defendant's sentence or result in the
defendant's release. "Early release" refers to a discretionary
release.
(a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, early release, consideration of inpatient treatment
or outpatient treatment, or conditional release after a

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finding that the defendant is not guilty by reason of
insanity.
(a-10) "Status hearing" means a hearing designed to
provide information to the court, at which no motion of a
substantive nature and no constitutional or statutory right of
a crime victim is implicated or at issue.
(b) "Witness" means: any person who personally observed
the commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
(c) "Violent crime" means: (1) any felony in which force
or threat of force was used against the victim; (2) any offense
involving sexual exploitation, sexual conduct, or sexual
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) domestic battery or stalking; (5)
violation of an order of protection, a civil no contact order,
or a stalking no contact order; (6) any misdemeanor which
results in death or great bodily harm to the victim; or (7) any
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, 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. "Violent
crime" includes any action committed by a juvenile that would
be a violent crime if committed by an adult. For the purposes

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of this paragraph, "personal injury" shall include any Type A
injury as indicated on the traffic crash 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) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code or Section 5-2-4 of the
Unified Code of Corrections after a finding that the defendant
is not guilty by reason of insanity, including a hearing for
conditional release, any hearing related to a modification of
sentence, probation revocation hearing, aftercare release or
parole hearings, post-conviction relief proceedings, habeas
corpus proceedings and clemency proceedings related to the
defendant's conviction or sentence. For purposes of the
victim's right to be present, "court proceedings" does not
include (1) grand jury proceedings, (2) status hearings, or
(3) the issuance of an order or decision of an Illinois court

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that dismisses a charge, reverses a conviction, reduces a
sentence, or releases an offender under a court rule.
(f) "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.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(h) "Support person" means a person chosen by a victim to
be present at court proceedings.
(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
(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.
(1.5) 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

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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

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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

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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. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does

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