Saturday, January 12, 2013
CONSTITUTION OF THE STATE OF ILLINOIS: VICTIMS' RIGHTS
CONSTITUTION OF THE STATE OF ILLINOIS Adopted in Convention at Springfield, September 3, 1970. Ratified by the People, December 15, 1970. In force July 1, 1971. Section 8.1. Crime Victims’ 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, and advocate and other support person of the victim’s choice. (10) The right to restitution. (b) The Illinois General Assembly may provide by law the enforcement of this Section. (c) The Illinois 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. (Section 8.1 added by the Seventh Amendment to the Constitution. Approved by the November 3, 1992, effective November 23, 1992.) Section 12. Right to Remedy and Justice Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his/her person, privacy, property or reputation. He/She shall obtain justice by law, freely, completely, promptly. Section 15. Right to Eminent Domain Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury provided by law.