ILCS » Chapter 725 · Act 120
Illinois Compiled Statutes

725 ILCS 120/3 (2026)

The terms used in this Act shall have the following meanings:    (a) "Crime victim" or "victim" means: (1) any natural person determined by the prosecutor or the court to have suffered direct physical or psychological harm as a result of a violent crime perpetrated or attempted against that person or direct physical or psychological harm as a result of (i) a violation of Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or (ii) a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012; (2) in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative; (3) in the case of an adult deceased victim, 2 representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; and (4) an immediate family member of a victim under clause (1) of this paragraph (a) chosen by the victim

✓ current as of May 2026
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(725 ILCS 120/3) (from Ch. 38, par. 1403)
    Sec. 3. The terms used in this Act shall have the following meanings:
    (a) "Crime victim" or "victim" means: (1) any natural person determined by the prosecutor or the court to have suffered direct physical or psychological harm as a result of a violent crime perpetrated or attempted against that person or direct physical or psychological harm as a result of (i) a violation of Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or (ii) a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012; (2) in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative; (3) in the case of an adult deceased victim, 2 representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; and (4) an immediate family member of a victim under clause (1) of this paragraph (a) chosen by the victim. If the victim is 18 years of age or over, the victim may choose any person to be the victim's representative. In no event shall the defendant or any person who aided and abetted in the commission of the crime be considered a victim, a crime victim, or a representative of the victim.
    A board, agency, or other governmental entity making decisions regarding an offender's release, sentence reduction, or clemency can determine additional persons are victims for the purpose of its proceedings.
    (a-3) "Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Procedure, or Section 227 of the Illinois Domestic Violence Act of 1986.
    (a-5) "Confer" means to consult together, share information, compare opinions and carry on a discussion or deliberation.
    (a-6) "DNA database" means a collection of DNA profiles from forensic casework or specimens from anonymous, identified, and unidentified sources that is created to search DNA records against each other to develop investigative leads among forensic cases.
    (a-7) "Sentence" includes, but is not limited to, the imposition of sentence, a request for a reduction in sentence, parole, mandatory supervised release, aftercare release, early release, inpatient treatment, outpatient treatment, conditional release after a finding that the defendant is not guilty by reason of insanity, clemency, or a proposal that would reduce the defendant's sentence or result in the defendant's release. "Early release" refers to a discretionary release.
    (a-9) "Sentencing" includes, but is not limited to, the imposition of sentence and a request for a reduction in sentence, parole, mandatory supervised release, aftercare release, early release, consideration of inpatient treatment or outpatient treatment, or conditional release after a finding that the defendant is not guilty by reason of insanity.
    (a-10) "Status hearing" means a hearing designed to provide information to the court, at which no motion of a substantive nature and no constitutional or statutory right of a crime victim is implicated or at issue.
    (b) "Witness" means: any person who personally observed the commission of a crime and who will testify on behalf of the State of Illinois; or a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.
    (c) "Violent crime" means: (1) any felony in which force or threat of force was used against the victim; (2) any offense involving sexual exploitation, sexual conduct, or sexual penetration; (3) a violation of Section 11-20.1, 11-20.1B, 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the Criminal Code of 2012; (4) domestic battery or stalking; (5) violation of an order of protection, a civil no contact order, or a stalking no contact order; (6) any misdemeanor which results in death or great bodily harm to the victim; or (7) any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death. "Violent crime" includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this paragraph, "personal injury" shall include any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.
    (d) (Blank).
    (e) "Court proceedings" includes, but is not limited to, the preliminary hearing, any post-arraignment hearing the effect of which may be the release of the defendant from custody or to alter the conditions of pretrial release, change of plea hearing, the trial, any pretrial or post-trial hearing, sentencing, any oral argument or hearing before an Illinois appellate court, any hearing under the Mental Health and Developmental Disabilities Code or Section 5-2-4 of the Unified Code of Corrections after a finding that the defendant is not guilty by reason of insanity, including a hearing for conditional release, any hearing related to a modification of sentence, probation revocation hearing, aftercare release or parole hearings, post-conviction relief proceedings, habeas corpus proceedings and clemency proceedings related to the defendant's conviction or sentence. For purposes of the victim's right to be present, "court proceedings" does not include (1) grand jury proceedings, (2) status hearings, or (3) the issuance of an order or decision of an Illinois court that dismisses a charge, reverses a conviction, reduces a sentence, or releases an offender under a court rule.
    (f) "Concerned citizen" includes relatives of the victim, friends of the victim, witnesses to the crime, or any other person associated with the victim or prisoner.
    (g) "Victim's attorney" means an attorney retained by the victim for the purposes of asserting the victim's constitutional and statutory rights. An attorney retained by the victim means an attorney who is hired to represent the victim at the victim's expense or an attorney who has agreed to provide pro bono representation. Nothing in this statute creates a right to counsel at public expense for a victim.
    (h) "Support person" means a person chosen by a victim to be present at court proceedings.
(Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26.)

    
Notes of Decisions
Cited in 57 cases (9 in the last 5 years), 1994–2023 · leading case: People v. Richardson, 751 N.E.2d 1104 (Ill. 2001).
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People v. Richardson, 751 N.E.2d 1104 (Ill. 2001). · cites it 10× “725 ILCS 120/3 (a) (3) (West 1998). However, like the Act, the Amendment further provides: “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.”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2016). · cites it 6× “20, 2015) (amending 725 ILCS 120/3(a) (West 2014)). In 1 Section 2-1401 was amended effective January 1, 2016, to add subsection (b-5).”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2017). · cites it 8× “20, 2015) (amending 725 ILCS 120/3(a) (West 2014)). In addition, as the State observes, the legislature has authorized only the State’s Attorney and the Attorney General to intervene in the civil proceeding for a certificate of innocence.”
People v. Harth, 791 N.E.2d 702 (Ill. App. Ct. 2003). · cites it 6× “See 725 ILCS 120/3 (a) (West 2000). Therefore, contrary to the majority, I believe the defendant’s argument is not foreclosed by section 9 of the Act.”
People v. Shaw, 713 N.E.2d 1161 (Ill. 1999). · cites it 2× “Simenson's testimony, and whether defense counsel rendered ineffective legal assistance.”
People v. Hestand, 838 N.E.2d 318 (Ill. App. Ct. 2005). · cites it 2× “Section 6 of the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/6 (West 2000)) provides the victims of violent crimes with the right to present a victim-impact statement.”
People v. Salley, 867 N.E.2d 1261 (Ill. App. Ct. 2007). · cites it 3× “In reaching its conclusion, the court relied on section 3 — 1—2(n) of the Code, which provides that the term “victim” in the Code shall be given the meaning set forth in the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/3(a) (West 2004)). 730 ILCS 5/3 — 1—2(n)…”
People Ex Rel. Birkett v. Bakalis, 752 N.E.2d 1107 (Ill. 2001). · cites it 2× “As the State argued in support of its motion for a supervisory order, David Lemak, as the father of the three murdered children, was a victim within the meaning of the Rights of Crime Victims and Witnesses Act (725 ILCS 120/3(a)(3) (West 2000)), and the Illinois Constitution…”
People v. Thornton, 676 N.E.2d 1024 (Ill. App. Ct. 1997). · cites it 3× “” 730 ILCS 5/3—1—2(n) (West 1994) (cross-referencing 725 ILCS 120/3(a) (West 1994)). The designated definition specifies five types of "persons” who may be considered a victim.”
People v. Hope, 702 N.E.2d 1282 (Ill. 1998). · cites it 2× “725 ILCS 120/3(a)(3) (West 1994). Section 6(a) of the Act states: "In any case where a defendant has been convicted of a violent crime * * * and a victim of the violent crime is present in the courtroom at the time of the sentencing * * *, the victim upon his or her request…”
People v. Graham, 947 N.E.2d 294 (Ill. App. Ct. 2011). · cites it 3× “” As the State notes, however, the statutory provision that defines “victim” for purposes of the restitution statute provides that its terms are to be given their stated meanings “unless the context clearly requires otherwise.”
People v. Fouts, 745 N.E.2d 1284 (Ill. App. Ct. 2001). · cites it 2× “In this statute “victim” is defined as the person who is physically injured by a violent crime (725 ILCS 120/3(a)(l) (West 1998)), or the spouse, parent, child or sibling of any person granted rights under this act who is physically or mentally incapable of exercising such…”
Show all 57 citing cases →
— 725 ILCS 120/3(a) — 23 cases
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2016). “20, 2015) (amending 725 ILCS 120/3(a) (West 2014)). In 1 Section 2-1401 was amended effective January 1, 2016, to add subsection (b-5).”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2017). “20, 2015) (amending 725 ILCS 120/3(a) (West 2014)). In addition, as the State observes, the legislature has authorized only the State’s Attorney and the Attorney General to intervene in the civil proceeding for a certificate of innocence.”
People v. Thornton, 676 N.E.2d 1024 (Ill. App. Ct. 1997). “” 730 ILCS 5/3—1—2(n) (West 1994) (cross-referencing 725 ILCS 120/3(a) (West 1994)). The designated definition specifies five types of "persons” who may be considered a victim.”
People v. Salley, 867 N.E.2d 1261 (Ill. App. Ct. 2007). “In reaching its conclusion, the court relied on section 3 — 1—2(n) of the Code, which provides that the term “victim” in the Code shall be given the meaning set forth in the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/3(a) (West 2004)). 730 ILCS 5/3 — 1—2(n)…”
People v. Harth, 791 N.E.2d 702 (Ill. App. Ct. 2003). “See 725 ILCS 120/3 (a) (West 2000). Therefore, contrary to the majority, I believe the defendant’s argument is not foreclosed by section 9 of the Act.”
— 725 ILCS 120/3(a)(1) — 2 cases
People v. Zabrzenski, 2023 IL App (1st) 220428-U (Ill. App. Ct. 2023).
People v. Fouts (Ill. App. Ct. 2001).
— 725 ILCS 120/3(a)(3) — 21 cases
People v. Richardson, 751 N.E.2d 1104 (Ill. 2001). “725 ILCS 120/3 (a) (3) (West 1998). However, like the Act, the Amendment further provides: “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.”
People Ex Rel. Birkett v. Bakalis, 752 N.E.2d 1107 (Ill. 2001). “As the State argued in support of its motion for a supervisory order, David Lemak, as the father of the three murdered children, was a victim within the meaning of the Rights of Crime Victims and Witnesses Act (725 ILCS 120/3(a)(3) (West 2000)), and the Illinois Constitution…”
People v. Hope, 702 N.E.2d 1282 (Ill. 1998). “725 ILCS 120/3(a)(3) (West 1994). Section 6(a) of the Act states: "In any case where a defendant has been convicted of a violent crime * * * and a victim of the violent crime is present in the courtroom at the time of the sentencing * * *, the victim upon his or her request…”
People v. Harris, 745 N.E.2d 717 (Ill. App. Ct. 2001).
People v. Rice, 747 N.E.2d 1035 (Ill. App. Ct. 2001).
— 725 ILCS 120/3(a)(4) — 2 cases
People v. Salley, 867 N.E.2d 1261 (Ill. App. Ct. 2007). “In reaching its conclusion, the court relied on section 3 — 1—2(n) of the Code, which provides that the term “victim” in the Code shall be given the meaning set forth in the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/3(a) (West 2004)). 730 ILCS 5/3 — 1—2(n)…”
People v. Salley (Ill. App. Ct. 2007).
— 725 ILCS 120/3(a)(l) — 1 case
People v. Fouts, 745 N.E.2d 1284 (Ill. App. Ct. 2001). “In this statute “victim” is defined as the person who is physically injured by a violent crime (725 ILCS 120/3(a)(l) (West 1998)), or the spouse, parent, child or sibling of any person granted rights under this act who is physically or mentally incapable of exercising such…”
— 725 ILCS 120/3(c) — 11 cases
People v. Hestand, 838 N.E.2d 318 (Ill. App. Ct. 2005). “Section 6 of the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/6 (West 2000)) provides the victims of violent crimes with the right to present a victim-impact statement.”
People v. Harth, 791 N.E.2d 702 (Ill. App. Ct. 2003). “See 725 ILCS 120/3 (a) (West 2000). Therefore, contrary to the majority, I believe the defendant’s argument is not foreclosed by section 9 of the Act.”
People v. Carron, 699 N.E.2d 241 (Ill. App. Ct. 1998).
Lee v. Godinez, 2014 IL App (3d) 130677 (Ill. App. Ct. 2014).
Lee v. Godinez, 2014 IL App (3d) 130677 (Ill. App. Ct. 2014).
— 725 ILCS 120/3(c)(2) — 1 case
People v. Smith, 2021 IL App (1st) 191382-U (Ill. App. Ct. 2021).
— 725 ILCS 120/3(c)(7) — 1 case
People v. Paranto, 2020 IL App (3d) 160719 (Ill. App. Ct. 2020).
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