Illinois Crime Victims’ Bill of Rights

When you’re the victim of a crime whether it’s domestic violence, sexual assault, staking, or human trafficking, you have rights and protections within the justice system. In Illinois, those rights are written in law to make sure that your voice is heard.

You may be asking yourself, what is the Illinois Crime Victims’ Bill of Rights? It is a constitutional guarantee and set of statutory protections for victims of crime. Here is a little history about the bill: “To protect the interests of crime victims and witnesses in Illinois, the General Assembly passed the Rights of Crime Victims and Witnesses Act in 1984. Subsequently, in 1992, the statutory rights afforded to the victims and witnesses of violent crime were amended to our state’s Bill of Rights. The basis of the act is to afford victims and witnesses the right to be treated with respect, fairness and dignity. The spirit of the law is also intended to make the system more just. In 1994, these rights were extended to include victims and witnesses of juvenile offenders (Cook, n.d.).”

The IL Crime Victim’s Bill of Rights includes the following:

• 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.
• The right to notice of 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.
• The right to timely notification of all court proceedings.
• The right to communicate with the prosecution.
• 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.
• The right to be notified of the convection, sentence, imprisonment, and release of the accused.
• The right to timely disposition of the case following the arrest of the accused.
• The right to be reasonably protected from the accused throughout the criminal justice process.
• The right to 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.
• The right to be present at the trail 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 trail.
• The right to have present at all court proceeds, subject to the rules of evidence, and advocate and other support person of the victim’s choice.
• The right to restitution.

A “crime victim” has been defined as victims of a violent crime as well as victims of misdemeanors which result in death or great bodily harm to the victim.

These rights apply in adult criminal proceedings including violent crimes such as felony assaults and batteries, kidnapping, sexual assault and abuse, domestic battery, stalking, and violations of orders of protection and no contact orders. The law requires that these rights must be requested in writing when chares have been filed against an offender. Contact the state’s attorney’s office prosecuting the case and complete a written “Notice of Victim’s Assertion of Rights.” For more information contact the Crime Victims Assistance Line at 1-800-228-3368.

This act requires that an explanation of these rights shall be given to a victim at the initial contact with the criminal justice system and shall be posted in all court facilities. In short, you have a role in the justice process, and the system MUST allow you these rights, you deserve to be treated fairly and respectfully by the court system.

What can you do as a survivor?

1. Request your rights notice. If an officer takes your statement or you report a crime, ask them: “Where is my written notice of victims rights?” if they do not give it to you.
2. Keep a record of all court dates, communications, contacts, and when you were notified of proceedings. This will help you assert your rights.
3. Use support services like Safe Passage who provide free survivor services and help walk through bill and rights with clients.
4. Speak up if your rights are violated. If you believe the law wasn’t followed you can file a complaint. The law requires agencies to provide information about rights, and the ability to file a complaint if someone believes these rights are not being followed.

Rights like these don’t guarantee the outcome of the case, but they give survivors a voice in it. If you’ve been harmed by someone, you don’t have to navigate the legal system alone.

If you or someone you know would like more information about the Illinois Crime Victims’ Bill of Rights, contact Safe Passage legal department at 815-756-7930 x9. This blog is for informational purposes only and does not constitute as legal advice. Consult a qualified attorney or victims-right advocate for legal questions.

Resources

Cook County State’s Attorney. (n.d.). Victim Rights. https://www.cookcountystatesattorney.org/victim-rights

Written by: Kirsti McNeece