Office of the State's Attorney - Patrick D. Kenneally

Victim Rights

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What are my rights as a victim?

Under Section 8.1 Article I (Bill of Rights) in the Illinois Constitution, crime victims, as defined by law, 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.
  2. 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 privileged or confidential by law.
  3. The right to timely notification of all court proceedings.
  4. The right to communicate with the prosecution.
  5. 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.
  6. The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused.
  7. The right to timely disposition of the case following the arrest of the accused.
  8. The right to be reasonably protected from the accused throughout the criminal justice process.
  9. 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.
  10. 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.
  11. The right to have present at all court proceedings, subject to the rules of evidence, an advocate and other support person of the victim’s choice.
  12. The right to restitution.

Under Illinois law, you are a crime victim covered by the Rights of Crime Victims and Witnesses Act if you (or a member of your immediate family) are the victim of a violent crime involving death, injury, force, threat of force, sexual conduct, domestic violence, stalking, or certain traffic crimes resulting in death or serious injury.

 

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