Public Act 093-0699
 		





HB5061 Enrolled
LRB093 18421 RLC 46885 b






    AN ACT concerning criminal law.

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


 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 110-14 as follows:
 



    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)



    Sec. 110-14. Credit for Incarceration on Bailable Offense. 
    (a) Any person incarcerated on a bailable offense who does 
not supply
bail and against whom a fine is levied on conviction 
of such offense
shall be allowed a credit of $5 for each day so 
incarcerated upon application
of the defendant. However,
in no 
case shall the amount so allowed or
credited exceed the amount 
of the fine.
    (b) Subsection (a) does not apply to a person incarcerated 
for sexual assault as defined in paragraph (1) of subsection 
(a) of Section 5-9-1.7 of the Unified Code of Corrections.


(Source: P.A. 88-287.)


 
    Section 10. The Unified Code of Corrections is amended  by 
changing Section 5-9-1.7 as follows:
 



    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)


    Sec. 5-9-1.7. Sexual assault fines. 

    (a) Definitions. The terms used in this Section shall have 
the following
meanings ascribed to them:


        (1) "Sexual assault" means the commission or attempted 
    commission of
the following: sexual exploitation of a 
    child, criminal sexual assault, predatory criminal sexual 
    assault of
a child, aggravated criminal sexual assault,

    criminal sexual abuse, aggravated criminal sexual abuse, 
    indecent
solicitation of a child, public indecency, sexual 
    relations within
families, soliciting for a juvenile 
    prostitute, keeping a place of juvenile
prostitution, 
    patronizing a juvenile prostitute, juvenile pimping,

    exploitation of a child, obscenity, child pornography, or

    harmful material,
or ritualized abuse of a child, as those 
    offenses are defined in the Criminal Code of 1961.


        (2) "Family member" shall have the meaning ascribed to 
    it in Section
12-12 of the Criminal Code of 1961.


        (3) "Sexual assault organization" means any 
    not-for-profit organization
providing comprehensive, 
    community-based services to victims of sexual assault.
 
    "Community-based services" include, but are not limited 
    to, direct crisis
intervention through a 24-hour response, 
    medical and legal advocacy,
counseling, information and 
    referral services, training, and community
education.

    (b) Sexual assault fine; collection by clerk.


        (1) In addition to any other penalty imposed, a fine of 
    $100 shall be
imposed upon any person who pleads guilty or 
    who is convicted of, or who
receives a disposition of court 
    supervision for, a sexual assault or attempt
of a sexual 
    assault.  Upon request of the victim or the victim's

    representative, the court shall determine whether the fine 
    will impose an
undue burden on the victim of the offense.  
    For purposes of this paragraph,
the defendant may not be 
    considered the victim's representative.  If the
court finds 
    that the fine would impose an undue burden on the victim, 
    the
court may reduce or waive the fine.  The court shall 
    order that the
defendant may not use funds belonging solely 
    to the victim of the offense
for payment of the fine.


        (2) Sexual assault fines shall be assessed by the court 
    imposing the
sentence and shall be collected by the circuit 
    clerk.  The circuit clerk
shall retain 10% of the penalty to 
    cover the costs involved in
administering and enforcing 
    this Section.  The circuit clerk shall remit
the remainder 
    of each fine within one month of its receipt to the State

    Treasurer for deposit as follows:


            (i) for family member offenders, one-half to the 
        Sexual Assault
Services Fund, and one-half to the 
        Domestic Violence Shelter and Service
Fund; and


            (ii) for other than family member offenders, the 
        full amount to the
Sexual Assault Services Fund.

    (c) Sexual Assault Services Fund; administration.  There is 
created a
Sexual Assault Services Fund.  Moneys deposited into 
the Fund under this
Section shall be appropriated to the 
Department of Public Health. Upon
appropriation of moneys from 
the Sexual Assault Services Fund, the Department
of Public 
Health shall make grants of these moneys from the Fund to 
sexual
assault organizations with whom the Department has 
contracts for the purpose of
providing community-based 
services to victims of sexual assault. Grants made
under this 
Section are in addition to, and are not substitutes for, other

grants authorized and made by the Department.

(Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. 
5-29-96.)