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 Senate lawmakers voted 55-1-1 Wednesday to pass
HJRCA 29, which
is among several legislative measures Madigan is pursuing during the
spring session to protect the rights of violent crime victims and
improve the services and resources available to them.
"Innocent victims of crime deserve every possible protection,"
Madigan said. "The changes we've proposed during this legislative
session are simple, practical measures, both to ensure that victims'
rights are protected and to enhance the services provided to victims
and families who've endured the tragedy of violent crime."
Crime Victims Bill of Rights
Madigan's 2012 legislative agenda includes HJRCA 29, which would
amend the Crime Victims Bill of Rights in the Illinois Constitution.
The bill would strengthen the victims' rights currently provided in
the constitution and ensure that those rights are enforceable.
Under the current state constitution, crime victims have a number
of important rights, including the right to be notified of criminal
court proceedings, the right to be present at the trial and to make
a statement to the court at sentencing. Unfortunately, the current
constitution does not provide any mechanism for crime victims to
enforce their rights. As a result, in many instances, victims'
rights have been ignored.
The bill to amend the constitution would ensure that victims have
a voice in the criminal justice system and can assert their rights.
HJRCA 29 proposes that crime victims should be:
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Guaranteed the right to be informed of court proceedings.
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Guaranteed the right to be present at hearings and at trial.
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Guaranteed the right to present a statement to the court about
the impact that the crime has had on them.
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Allowed to appeal decisions that affect the exercise of their
personal rights.
"It is long overdue for our state to make this change in the
constitution," Madigan said. "This amendment will guarantee not only
that victims' voices are heard in the criminal process, but that
they can take action to enforce their rights if they are ignored."
With this week's passage in the Senate, the amendment will be
placed on the ballot for voters' consideration in the November
general election.
In addition to the attorney general's support, the proposed
amendment is supported by a long list of organizations, including
the Illinois Coalition Against Sexual Assault, Illinois Sheriffs'
Association and Crime Victims United of Illinois.
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 Violent Crime Victims Assistance Act
In 1984, a fund was created through the Violent Crime Victims
Assistance Act to provide critical services to victims of violent
crime. The fund, supported entirely by fines imposed on criminal
offenders, is used to provide annual grants to programs throughout
Illinois that work with crime victims, such as assistance programs
for domestic and sexual assault survivors, children's advocacy
centers, programs for court-appointed special advocates to help
children through the court system, and victim assistance programs in
state's attorney's offices.
In recent years, deposits into this fund have dropped by 20
percent, causing a funding crisis for many crime victim service
providers all across Illinois. This legislation addresses the steep
decline in deposits into the fund by simplifying how the fine is
calculated, to make it easier for courts to impose and collect the
fine.
"This dramatic decrease in this funding has impaired our ability
to provide needed services to victims of violent crime and their
families," said Sen. Heather Steans, D-Chicago, who sponsored
Senate
Bill
3602. "This legislation will give the fund a more predictable
revenue stream, and my colleagues and I will continue to work on
other methods of increasing the funding available to assist
victims."
The bill passed the Senate 52-0 on March 29 and now awaits action
in the House, where Rep. Ann Williams, D-Chicago, is sponsoring the
measure.
Crime Victim Compensation Act
The Crime Victim Compensation Act provides direct financial
assistance to help victims of violent crime cover medical and other
related expenses incurred as a result of the crime. In many
instances, the funds available through this act are absolutely
critical in assisting a victim and his or her family to recover from
a devastating violent crime.
Over the years that it has been in place, however, the act has
not always been updated to keep pace with relevant court decisions
and to ensure coverage for victims of all violent crimes.
Senate Bill 3693 addresses a number of inconsistencies in the
Act and ensures that victims can receive compensation for necessary
expenses that are a direct result of the crime.
"We need to ensure crime victims and their families have the
resources they need to help rebuild their lives," said Sen. Bill
Haine, D-Alton. "Our state must continue to take the lead on serving
victims and protecting them from harm -- whether that means help
with medical bills or other compensation. They didn't choose to be
victims."
Haine was chief sponsor of the bill that was approved 55-0 by the
Senate last month. Rep. Carol Sente, D-Lincolnshire, is sponsoring
the bill in the House.
[Text from file received from the office
of
Illinois Attorney General Lisa
Madigan] |
