HB0979 98TH GENERAL ASSEMBLY

LRB098 05568 RLC 35605 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0979

Introduced 1/29/2013, by Rep. Emanuel Welch

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.826 new

Creates the Gang Crime Witness Protection Act of 2013. Provides that the Department of State Police shall establish and administer a program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Program Fund and appropriated from that Fund for the purposes of the Act. Provides that within 30 days after the effective date of the Act, all moneys in the Gang Crime Witness Protection Fund shall be transferred into the Gang Crime Witness Protection Program Fund. Provides that the program shall begin operation on July 1, 2013. Amends the State Finance Act. Creates the Gang Crime Witness Protection Program Fund in the State treasury. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Gang Crime Witness Protection Act of 2013.

Section 5. Definition. As used in this Act, "gang crime" means any criminal offense committed by a member of a "gang" as that term is defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act when the offense is in furtherance of any activity, enterprise, pursuit, or undertaking of a gang.

Section 10. Program. The Department of State Police shall establish and administer a program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Fund and appropriated from that Fund for the purposes of this Act.

Section 15. Funding. The Department of State Police, in consultation with the Attorney General, shall adopt rules for the implementation of the Gang Crime Witness Protection Program. Assistance shall be subject to the following limitations:

(a) Funds shall be limited to payment of the following:

(1) temporary living costs;

(2) moving expenses;

(3) rent;

(4) security deposits; and

(5) other appropriate expenses of relocation or transition.

(b) Approval of applications made by State's Attorneys shall be conditioned upon county funding for costs at a level of at least 25%, unless this requirement is waived by the administrator, in accordance with adopted rules, for good cause shown.

(c) Counties providing assistance consistent with the limitations in this Act may apply for reimbursement of up to 75% of their costs.

(d) No more than 50% of funding available in any given fiscal year may be used for costs associated with any single county.

Section 20. Gang Crime Witness Protection Program Fund.

There is created in the State Treasury the Gang Crime Witness Protection Program Fund into which shall be deposited appropriated funds, grants, or other funds made available to the Department of State Police to assist State's Attorneys and the Attorney General in protecting victims and witnesses who are aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Within 30 days after the effective date of this Act, all moneys in the Gang Crime Witness Protection Fund shall be transferred into the Gang Crime Witness Protection Program Fund.

Section 25. Period of operation. The program created by this Act shall begin operation on July 1, 2013.

Section 90. The State Finance Act is amended by adding Section 5.826 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Gang Crime Witness Protection Program Fund.

Section 99. Effective date. This Act takes effect upon becoming law.