Illinois Compiled Statutes

725 ILCS 120/4 (2026)

Rights of crime victims

✓ current as of May 2026
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(725 ILCS 120/4) (from Ch. 38, par. 1404)
    (Text of Section from P.A. 103-792)
    Sec. 4. Rights of crime victims.
    (a) Crime victims 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.
        (1.5) 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.
        (1.6) Except as otherwise provided in Section 9.5 of
    
the Criminal Identification Act or Section 3-3013 of the Counties Code, whenever a person's DNA profile is collected due to the person being a victim of a crime, as identified by law enforcement, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Nothing in this paragraph (1.6) shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to the National DNA Index System or Combined DNA Index System.
        (2) The right to timely notification of all court
    
proceedings.
        (3) The right to communicate with the prosecution.
        (4) 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.
        (5) The right to be notified of the conviction, the
    
sentence, the imprisonment and the release of the accused.
        (6) The right to the timely disposition of the case
    
following the arrest of the accused.
        (7) The right to be reasonably protected from the
    
accused through the criminal justice process.
        (7.5) The right to have the safety of the victim and
    
the victim's family considered in determining whether to release the defendant and setting conditions of release after arrest and conviction.
        (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, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate and other support person of the victim's choice.
        (10) The right to restitution.
    (b) Any law enforcement agency that investigates an offense committed in this State shall provide a crime victim with a written statement and explanation of the rights of crime victims under this amendatory Act of the 99th General Assembly within 48 hours of law enforcement's initial contact with a victim. The statement shall include information about crime victim compensation, including how to contact the Office of the Illinois Attorney General to file a claim, and appropriate referrals to local and State programs that provide victim services. The content of the statement shall be provided to law enforcement by the Attorney General. Law enforcement shall also provide a crime victim with a sign-off sheet that the victim shall sign and date as an acknowledgement that he or she has been furnished with information and an explanation of the rights of crime victims and compensation set forth in this Act.
    (b-5) Upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the victim's incident, as soon as practicable, but in no event later than 5 business days from the request.
    (c) The Clerk of the Circuit Court shall post the rights of crime victims set forth in Article I, Section 8.1(a) of the Illinois Constitution and subsection (a) of this Section within 3 feet of the door to any courtroom where criminal proceedings are conducted. The clerk may also post the rights in other locations in the courthouse.
    (d) At any point, the victim has the right to retain a victim's attorney who may be present during all stages of any interview, investigation, or other interaction with representatives of the criminal justice system. Treatment of the victim should not be affected or altered in any way as a result of the victim's decision to exercise this right.
(Source: P.A. 103-792, eff. 1-1-25.)
 
    (Text of Section from P.A. 104-173)
    Sec. 4. Rights of crime victims.
    (a) Crime victims 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.
        (1.5) 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.
        (1.6) Except as otherwise provided in Section 9.5 of
    
the Criminal Identification Act or Section 3-3013 of the Counties Code, whenever a person's DNA profile is collected due to the person being a victim of a crime, as identified by law enforcement, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Nothing in this paragraph (1.6) shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to the National DNA Index System or Combined DNA Index System.
        (2) The right to timely notification of all court
    
proceedings. Timely notification shall include 7 days' notice of all court proceedings.
        (3) The right to communicate with the prosecution.
        (4) 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.
        (5) The right to be notified of the conviction, the
    
sentence, the imprisonment and the release of the accused.
        (6) The right to the timely disposition of the case
    
following the arrest of the accused.
        (7) The right to be reasonably protected from the
    
accused through the criminal justice process.
        (7.5) The right to have the safety of the victim and
    
the victim's family considered in determining whether to release the defendant and setting conditions of release after arrest and conviction.
        (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, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate and other support person of the victim's choice.
        (10) The right to restitution.
    (b) Any law enforcement agency that investigates an offense committed in this State shall provide a crime victim with a written statement and explanation of the rights of crime victims under this amendatory Act of the 99th General Assembly within 48 hours of law enforcement's initial contact with a victim. The statement shall include information about crime victim compensation, including how to contact the Office of the Illinois Attorney General to file a claim, and appropriate referrals to local and State programs that provide victim services. The content of the statement shall be provided to law enforcement by the Attorney General. Law enforcement shall also provide a crime victim with a sign-off sheet that the victim shall sign and date as an acknowledgement that he or she has been furnished with information and an explanation of the rights of crime victims and compensation set forth in this Act.
    (b-5) Upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the victim's incident, as soon as practicable, but in no event later than 5 business days from the request.
    (c) The Clerk of the Circuit Court shall post the rights of crime victims set forth in Article I, Section 8.1(a) of the Illinois Constitution and subsection (a) of this Section within 3 feet of the door to any courtroom where criminal proceedings are conducted. The clerk may also post the rights in other locations in the courthouse.
    (d) At any point, the victim has the right to retain a victim's attorney who may be present during all stages of any interview, investigation, or other interaction with representatives of the criminal justice system. Treatment of the victim should not be affected or altered in any way as a result of the victim's decision to exercise this right.
(Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26.)
 
    (Text of Section from P.A. 104-326)
    Sec. 4. Rights of crime victims.
    (a) Crime victims 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.
        (1.1) When a person reports being a crime victim as
    
defined in Section 3, the right to be treated with fairness and respect during the investigatory process, including the right to be free from deception, which is the knowing communication of false facts about evidence.
        (1.5) 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.
        (1.6) Except as otherwise provided in Section 9.5 of
    
the Criminal Identification Act or Section 3-3013 of the Counties Code, whenever a person's DNA profile is collected due to the person being a victim of a crime, as identified by law enforcement, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Nothing in this paragraph (1.6) shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to the National DNA Index System or Combined DNA Index System.
        (2) The right to timely notification of all court
    
proceedings.
        (3) The right to communicate with the prosecution.
        (4) 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.
        (5) The right to be notified of the conviction, the
    
sentence, the imprisonment and the release of the accused.
        (6) The right to the timely disposition of the case
    
following the arrest of the accused.
        (7) The right to be reasonably protected from the
    
accused through the criminal justice process.
        (7.5) The right to have the safety of the victim and
    
the victim's family considered in determining whether to release the defendant and setting conditions of release after arrest and conviction.
        (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, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate and other support person of the victim's choice.
        (10) The right to restitution.
    (b) Any law enforcement agency that investigates an offense committed in this State shall provide a crime victim with a written statement and explanation of the rights of crime victims under this amendatory Act of the 99th General Assembly within 48 hours of law enforcement's initial contact with a victim. The statement shall include information about crime victim compensation, including how to contact the Office of the Illinois Attorney General to file a claim, and appropriate referrals to local and State programs that provide victim services. The content of the statement shall be provided to law enforcement by the Attorney General. Law enforcement shall also provide a crime victim with a sign-off sheet that the victim shall sign and date as an acknowledgement that he or she has been furnished with information and an explanation of the rights of crime victims and compensation set forth in this Act.
    (b-5) Upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the victim's incident, as soon as practicable, but in no event later than 5 business days from the request.
    (c) The Clerk of the Circuit Court shall post the rights of crime victims set forth in Article I, Section 8.1(a) of the Illinois Constitution and subsection (a) of this Section within 3 feet of the door to any courtroom where criminal proceedings are conducted. The clerk may also post the rights in other locations in the courthouse.
    (d) At any point, the victim has the right to retain a victim's attorney who may be present during all stages of any interview, investigation, or other interaction with representatives of the criminal justice system. Treatment of the victim should not be affected or altered in any way as a result of the victim's decision to exercise this right.
(Source: P.A. 103-792, eff. 1-1-25; 104-326, eff. 1-1-26.)

    
Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 1998–2025 · leading case: People v. Harris, 2024 IL App (2d) 240070 (Ill. App. Ct. 2024).
People v. Harris, 2024 IL App (2d) 240070 (Ill. App. Ct. 2024). “” 725 ILCS 120/4(a)(7.5) (West 2022). While a trial court may at any time after motion by either party or on its own motion, remove previously set conditions of pretrial release, a court “shall not remove a previously set condition of pretrial release regulating contact with a…”
Macknin v. Macknin, 937 N.E.2d 270 (Ill. App. Ct. 2010). “1(a)(4)) and the Rights of Crime Victims and Witnesses Act (725 ILCS 120/4(a)(9) (West 2008)), or the argument that the trial court’s order impermissibly interfered with both her and her father’s constitutional right to choose counsel.”
In re Shelby R., 2013 IL 114994 (Ill. 2013). “The State explains that Illinois statutes, such as the Uniform Criminal Extradition Act (725 ILCS 225/3 (West 2010)), the Rights of Crime Victims and Witnesses Act -10- (725 ILCS 120/4 (West 2010)), and the Military Code of Illinois (20 ILCS 1805/71 (West 2010)), are replete…”
Richards, Terence B. v. Cnty. of Lake, 263 F. App'x 493 (7th Cir. 2008). “See Rights of Crime Victims and Witnesses Act, 725 ILCS 120/4 (establishing that victims of violent crime in Illinois have right under Illinois statute to communicate with state prosecutor).”
MacKnin v. MacKnin, 937 N.E.2d 270 (Ill. App. Ct. 2010). “Right to Counsel In light of our decision, we need not reach I.”
People v. Miller, 2022 IL App (2d) 210601-U (Ill. App. Ct. 2022). · cites it 2× “1(a)(2); 725 ILCS 120/4(a)(1.5) (West 2020). Pursuant to these provisions, the State argues that “[t]his [c]ourt cannot proceed on this motion without notice to [G.”
People v. Lopez, 766 N.E.2d 329 (Ill. App. Ct. 2002). “Section 4(a)(1) of the Rights of Crime Victims and Witnesses Act (725 ILCS 120/4(a)(1) (West 1998)) provides that crime victims have “[t]he right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.”
People v. Reliford, 2020 IL App (1st) 172644-U (Ill. App. Ct. 2020). · cites it 2× “1-17-2644 rights, including “[t]he 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” (725 ILCS 120/4(a)(1) (West 2016)) and “[t]he right to be reasonably…”
People v. Admire, 2025 IL App (4th) 241552-U (Ill. App. Ct. 2025). · cites it 2× “¶ 22 Here, in addition to the trial court having general discretion to allow witnesses to remain in the courtroom for the duration of trial, the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/4(8) (West 2024)) provides victims have “[t]he right to be present at…”
People v. Robinson, 699 N.E.2d 1086 (Ill. App. Ct. 1998). · cites it 2× “725 ILCS 120/4 (West 1996). Subsequently, in 1992, the statutory rights afforded to the victims of violent crime were elevated to a place within our State constitution by amendment to our State's Bill of Rights.”
People v. King, 2024 IL App (1st) 240494-U (Ill. App. Ct. 2024). “725 ILCS 120/4(a)(7.5) (West Supp. 2023).”
People v. Hernandez, 2024 IL App (1st) 241223-U (Ill. App. Ct. 2024). “725 ILCS 120/4(a)(7.5) (West Supp. 2023).”
— 725 ILCS 120/4(8) — 1 case
People v. Admire, 2025 IL App (4th) 241552-U (Ill. App. Ct. 2025). “¶ 22 Here, in addition to the trial court having general discretion to allow witnesses to remain in the courtroom for the duration of trial, the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/4(8) (West 2024)) provides victims have “[t]he right to be present at…”
— 725 ILCS 120/4(a) — 4 cases
People v. Harris, 2024 IL App (2d) 240070 (Ill. App. Ct. 2024). “” 725 ILCS 120/4(a)(7.5) (West 2022). While a trial court may at any time after motion by either party or on its own motion, remove previously set conditions of pretrial release, a court “shall not remove a previously set condition of pretrial release regulating contact with a…”
People v. Miller, 2022 IL App (2d) 210601-U (Ill. App. Ct. 2022). “1(a)(2); 725 ILCS 120/4(a)(1.5) (West 2020). Pursuant to these provisions, the State argues that “[t]his [c]ourt cannot proceed on this motion without notice to [G.”
People v. King, 2024 IL App (1st) 240494-U (Ill. App. Ct. 2024). “725 ILCS 120/4(a)(7.5) (West Supp. 2023).”
People v. Hernandez, 2024 IL App (1st) 241223-U (Ill. App. Ct. 2024). “725 ILCS 120/4(a)(7.5) (West Supp. 2023).”
— 725 ILCS 120/4(a)(1) — 3 cases
People v. Lopez, 766 N.E.2d 329 (Ill. App. Ct. 2002). “Section 4(a)(1) of the Rights of Crime Victims and Witnesses Act (725 ILCS 120/4(a)(1) (West 1998)) provides that crime victims have “[t]he right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.”
People v. Reliford, 2020 IL App (1st) 172644-U (Ill. App. Ct. 2020). “1-17-2644 rights, including “[t]he 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” (725 ILCS 120/4(a)(1) (West 2016)) and “[t]he right to be reasonably…”
People v. Phelps, 2025 IL App (5th) 240209-U (Ill. App. Ct. 2025).
— 725 ILCS 120/4(a)(7) — 1 case
People v. Reliford, 2020 IL App (1st) 172644-U (Ill. App. Ct. 2020). “1-17-2644 rights, including “[t]he 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” (725 ILCS 120/4(a)(1) (West 2016)) and “[t]he right to be reasonably…”
— 725 ILCS 120/4(a)(9) — 2 cases
Macknin v. Macknin, 937 N.E.2d 270 (Ill. App. Ct. 2010). “1(a)(4)) and the Rights of Crime Victims and Witnesses Act (725 ILCS 120/4(a)(9) (West 2008)), or the argument that the trial court’s order impermissibly interfered with both her and her father’s constitutional right to choose counsel.”
MacKnin v. MacKnin, 937 N.E.2d 270 (Ill. App. Ct. 2010). “Right to Counsel In light of our decision, we need not reach I.”
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