Public Act 093-0810
 
HB4288 EnrolledLRB093 17812 RLC 43493 b



    AN ACT in relation to criminal law. 

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


 
    Section  5. The Unified Code of Corrections is amended by 
changing
Sections 5-9-1.5 and 5-9-1.7 as follows:


 
    (730 ILCS 5/5-9-1.5)  (from Ch. 38, par. 1005-9-1.5)

    Sec. 5-9-1.5. Domestic violence fine.   In addition to any 
other penalty
imposed, a fine of $200
$100 shall be imposed 
upon any person who
pleads guilty
or no contest to or who is 
convicted of murder, voluntary manslaughter,
involuntary 
manslaughter, burglary, residential burglary, criminal 
trespass
to residence, criminal trespass to vehicle, criminal 
trespass to land,
criminal damage to property, telephone 
harassment, kidnapping, aggravated
kidnapping, unlawful 
restraint, forcible detention, child abduction,
indecent 
solicitation of a child, sexual relations between siblings,

exploitation of a child, child pornography, assault, 
aggravated assault,
battery, aggravated battery, heinous 
battery, aggravated battery of a
child, domestic battery, 
reckless conduct, intimidation, criminal sexual
assault, 
predatory criminal sexual assault of a child, aggravated 
criminal
sexual assault, criminal sexual abuse,
aggravated 
criminal sexual abuse, violation of an order of protection,

disorderly conduct, endangering the life or health of a child, 
child
abandonment, contributing to dependency or neglect of 
child, or cruelty to
children and others; provided that the 
offender and victim are family or
household members as defined 
in Section 103 of the Illinois Domestic Violence
Act of 1986.  
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.  The circuit clerk shall
remit each fine within one 
month of its receipt to the State Treasurer for
deposit as 
follows: (i) for sexual assault, as defined in Section 5-9-1.7, 
when
the offender and victim are family members, one-half to 
the Domestic Violence
Shelter and Service Fund, and one-half to 
the Sexual Assault Services Fund;
(ii) for the remaining 
offenses to the Domestic Violence Shelter and Service
Fund.


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

 
    (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: 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,
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 
    $200
$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.)