Topic:
Victims' Rights Act
(Mayfield, D-Chicago) makes sweeping changes to criminal procedure. (1) Allows a victim to be present at the trial and all other court proceedings on the same basis as the accused. (No right of sequestration by defendant.) (2) Requires the law enforcement agency that investigates an offense committed in this State to provide a crime victim with a written statement and explanation of the rights of crime victims within 24 hours of law enforcement's initial contact with a victim. (3) Requires that law enforcement authorities notify the victim of the apprehension of an offender and closure of the investigation within 24 hours of the event. (4) Requires a court to reopen a plea or sentence if (a) the victim asserted the right to be heard before or during the proceeding at issue and such right was denied; and (b) in the case of a plea, the accused has not pleaded to the highest offense charged. (5) Appears to give the victim a right to an attorney at taxpayer expense to protect these rights. (6) Requires the state's attorney to give reasonable notice to the victim of most important court proceedings in the matter. (7) Appears to give victims a cause of action for damages or attorney's fees for failure to comply with this Act. (8) Repeals the court's authority to move forward on a proceeding if the crime victim failed to receive notice as is required under this Act. This passed the House 103-0-0 has been sent to the Senate. It is similar to a constitutional amendment to implement these rights that is still pending in the House. (HJRCA 29) .