Illinois 96th Regular Session Status: Enacted

SB 42 — CRIME VICTIM-IMPACT STATEMENT

Last action — Public Act . . . . . . . . . 96-0117

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mental Health and Developmental Disabilities Code and the Rights of Crime Victims and Witnesses Act. Provides that if a criminal defendant has been found not guilty by reason of insanity of a violent crime and a hearing has been ordered by the court under the Mental Health and Developmental Disabilities Code to determine if the defendant is: (1) in need of mental health services on an inpatient basis; (2) in need of mental health services on an outpatient basis; or (3) not in need of mental health services, the victim or the victim's spouse, guardian, parent, grandparent, or other immediate family or household member shall have the right to present a victim's impact statement at the commitment hearing.

Bill Text

What changed in the latest version

7 added · 7 removed

Plain-language change summary

The latest version of Bill SB 42 replaces the term "Engrossed" with "Enrolled." This change signifies the bill's final approval stage, indicating it has been passed by both legislative chambers and is ready for the governor's signature. Understanding this distinction matters because it highlights the progress of the bill through the legislative process and what steps remain before it becomes law.

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Latest
SB0042 Engrossed LRB096 00916 RLC 10923 b AN ACT concerning criminal law.
SB0042 Enrolled LRB096 00916 RLC 10923 b AN ACT concerning criminal law.
(c) Court hearings under this Chapter, including hearings under Section 2-107.1, shall be open to the press and public SB0042 Engrossed - 2 - LRB096 00916 RLC 10923 b unless the respondent or some other party requests that they be closed.
(c) Court hearings under this Chapter, including hearings under Section 2-107.1, shall be open to the press and public SB0042 Enrolled - 2 - LRB096 00916 RLC 10923 b unless the respondent or some other party requests that they be closed.
(d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under SB0042 Engrossed - 3 - LRB096 00916 RLC 10923 b this Code to determine if the defendant is:
(d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under SB0042 Enrolled - 3 - LRB096 00916 RLC 10923 b this Code to determine if the defendant is:
SB0042 Engrossed - 4 - LRB096 00916 RLC 10923 b (725 ILCS 120/6) (from Ch.
SB0042 Enrolled - 4 - LRB096 00916 RLC 10923 b (725 ILCS 120/6) (from Ch.
At the sentencing hearing, the prosecution may SB0042 Engrossed - 5 - LRB096 00916 RLC 10923 b introduce that evidence either in its case in chief or in rebuttal.
At the sentencing hearing, the prosecution may SB0042 Enrolled - 5 - LRB096 00916 RLC 10923 b introduce that evidence either in its case in chief or in rebuttal.
Any impact statement must have been prepared in writing in conjunction with the Office of the State's Attorney prior to the initial commitment hearing, before it may be presented orally or in writing at the SB0042 Engrossed - 6 - LRB096 00916 RLC 10923 b commitment hearing.
Any impact statement must have been prepared in writing in conjunction with the Office of the State's Attorney prior to the initial commitment hearing, before it may be presented orally or in writing at the SB0042 Enrolled - 6 - LRB096 00916 RLC 10923 b commitment hearing.
(c) This Section shall apply to any victims of a violent crime during any dispositional hearing under Section 5-705 of SB0042 Engrossed - 7 - LRB096 00916 RLC 10923 b the Juvenile Court Act of 1987 which takes place pursuant to an adjudication or trial or plea of delinquency for any such offense.
(c) This Section shall apply to any victims of a violent crime during any dispositional hearing under Section 5-705 of SB0042 Enrolled - 7 - LRB096 00916 RLC 10923 b the Juvenile Court Act of 1987 which takes place pursuant to an adjudication or trial or plea of delinquency for any such offense.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 96-0117

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Added Alternate Co-Sponsor Rep. Careen M. Gordon

  6. Passed Both Houses

  7. Third Reading - Short Debate - Passed 116-000-000

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Added Alternate Chief Co-Sponsor Rep. Susana A. Mendoza

  11. Placed on Calendar 2nd Reading - Short Debate

  12. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  13. Assigned to Judiciary II - Criminal Law Committee

  14. Referred to Rules Committee

  15. First Reading

  16. Chief House Sponsor Rep. Randy Ramey, Jr.

  17. Placed on Calendar Order of First Reading

  18. Arrived in House

  19. Third Reading - Passed; 059-000-000

  20. Added as Co-Sponsor Sen. Martin A. Sandoval

  21. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  22. Placed on Calendar Order of 3rd Reading March 25, 2009

  23. Senate Floor Amendment No. 1 Adopted; Millner

  24. Second Reading

  25. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-000-000

  26. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  27. Senate Floor Amendment No. 1 Referred to Assignments

  28. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Millner

  29. Added as Chief Co-Sponsor Sen. Dan Kotowski

  30. Added as Co-Sponsor Sen. Antonio Muñoz

  31. Placed on Calendar Order of 2nd Reading February 27, 2009

  32. Do Pass Criminal Law; 009-000-000

  33. Postponed - Criminal Law; Subcommittee on Constitutional Review

  34. To Criminal Law Subcommittee on Constitutional Review

  35. Assigned to Criminal Law

  36. Referred to Assignments

  37. First Reading

  38. Filed with Secretary by Sen. John J. Millner

Sponsors

  • John J. Millner · Cosponsor
  • Careen M. Gordon · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • John J. Millner
  • Careen M. Gordon

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 101002
Democrat 11000
Republican 4000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Graham — Yea
Myers — Yea
Jakobsson — Yea
Leitch — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Jefferson — Yea
Kosel — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Moffitt — Yea
Mulligan — Yea
Nekritz — Yea
Osmond — Yea
Ryg — Yea
Thapedi — Yea
Tryon — Yea
Bradley — Yea
McGuire — Yea
Turner — Yea
Brady — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Hannig — Yea
Harris — Yea
Watson — Yea
Hernandez — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Hamos — Yea
Hatcher — Yea
Howard — Yea
Pihos — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
D'Amico — Yea
Holbrook — Yea
Jackson — Yea
Osterman — Not Voting
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sommer — Yea
Soto — Yea
Lang — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Currie — Not Voting
Fritchey — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Hendon — Yea
Hultgren — Yea
Hutchinson — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Yea
Maloney — Yea
McCarter — Yea
Demuzio — Yea
Meeks — Yea
Jacobs — Yea
Millner — Yea
Noland — Yea
Radogno — Yea
Munoz — Yea
Jones, J. — Yea
Schoenberg — Yea
Brady — Yea
Sullivan — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 42 do?
Amends the Mental Health and Developmental Disabilities Code and the Rights of Crime Victims and Witnesses Act. Provides that if a criminal defendant has been found not guilty by reason of insanity of a violent crime and a hearing has been ordered by the court under the Mental Health and Developmental Disabilities Code to determine if the defendant is: (1) in need of mental health services on an inpatient basis; (2) in need of mental health services on an outpatient basis; or (3) not in need of mental health services, the victim or the victim's spouse, guardian, parent, grandparent, or other immediate family or household member shall have the right to present a victim's impact statement at the commitment hearing.
Who sponsors SB 42?
SB 42 is sponsored by John J. Millner and Careen M. Gordon.
What is the current status of SB 42?
This bill has been enacted into law. Introduced January 30, 2009. Enacted.
Where can I track SB 42?
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