98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1139

 

Introduced , by Rep. Rita Mayfield

 

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 July 1, 2013.


LRB098 04311 RLC 34338 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1139LRB098 04311 RLC 34338 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Gang
5Crime Witness Protection Act of 2013.
 
6    Section 5. Definition. As used in this Act, "gang crime"
7means any criminal offense committed by a member of a "gang" as
8that term is defined in Section 10 of the Illinois Streetgang
9Terrorism Omnibus Prevention Act when the offense is in
10furtherance of any activity, enterprise, pursuit, or
11undertaking of a gang.
 
12    Section 10. Program. The Department of State Police shall
13establish and administer a program to assist victims and
14witnesses who are actively aiding in the prosecution of
15perpetrators of gang crime, and appropriate related persons.
16Financial assistance may be provided, upon application by a
17State's Attorney or the Attorney General, or a chief executive
18of a police agency with the approval from the State's Attorney
19or Attorney General, investigating or prosecuting a gang crime
20occurring under the State's Attorney's or Attorney General's
21respective jurisdiction, from funds deposited in the Gang Crime
22Witness Protection Program Fund and appropriated from that Fund

 

 

HB1139- 2 -LRB098 04311 RLC 34338 b

1for the purposes of this Act.
 
2    Section 15. Funding. The Department of State Police, in
3consultation with the Attorney General, shall adopt rules for
4the implementation of the Gang Crime Witness Protection
5Program. Assistance shall be subject to the following
6limitations:
7        (a) Funds shall be limited to payment of the following:
8            (1) temporary living costs;
9            (2) moving expenses;
10            (3) rent;
11            (4) security deposits; and
12            (5) other appropriate expenses of relocation or
13        transition;
14        (b) Approval of applications made by State's Attorneys
15    shall be conditioned upon county funding for costs at a
16    level of at least 25%, unless this requirement is waived by
17    the administrator, in accordance with adopted rules, for
18    good cause shown;
19        (c) Counties providing assistance consistent with the
20    limitations in this Act may apply for reimbursement of up
21    to 75% of their costs; and
22        (d) No more than 50% of funding available in any given
23    fiscal year may be used for costs associated with any
24    single county.
 

 

 

HB1139- 3 -LRB098 04311 RLC 34338 b

1    Section 20. Gang Crime Witness Protection Program Fund.
2There is created in the State Treasury the Gang Crime Witness
3Protection Program Fund into which shall be deposited
4appropriated funds, grants, or other funds made available to
5the Department of State Police to assist State's Attorneys and
6the Attorney General in protecting victims and witnesses who
7are aiding in the prosecution of perpetrators of gang crime,
8and appropriate related persons. Within 30 days after the
9effective date of this Act, all moneys in the Gang Crime
10Witness Protection Fund shall be transferred into the Gang
11Crime Witness Protection Program Fund.
 
12    Section 25. Beginning of operation. The program created by
13this Act shall begin operation on July 1, 2013.
 
14    Section 90. The State Finance Act is amended by adding
15Section 5.826 as follows:
 
16    (30 ILCS 105/5.826 new)
17    Sec. 5.826. The Gang Crime Witness Protection Program Fund.
 
18    Section 99. Effective date. This Act takes effect July 1,
192013.