| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning criminal law.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 1. Short title. This Act may be cited as the Gang | ||||||
| 5 | Crime
Witness
Protection Act of 2013. | ||||||
| 6 | Section 5. Definition. As used in this Act, "gang crime" | ||||||
| 7 | means any
criminal offense committed by a member of a "gang" as | ||||||
| 8 | that term is defined in
Section 10 of the Illinois Streetgang | ||||||
| 9 | Terrorism Omnibus Prevention Act when
the offense is in | ||||||
| 10 | furtherance of any activity, enterprise, pursuit, or
| ||||||
| 11 | undertaking of a gang.
| ||||||
| 12 | Section 10. Program. Subject to appropriation, the | ||||||
| 13 | Illinois Criminal Justice Information Authority shall | ||||||
| 14 | establish
and administer a program to assist victims and | ||||||
| 15 | witnesses who are actively
aiding in the prosecution of | ||||||
| 16 | perpetrators of gang crime, and appropriate
related persons. | ||||||
| 17 | Financial assistance may be provided, upon application by a
| ||||||
| 18 | State's Attorney or the Attorney General, or a chief executive | ||||||
| 19 | of a police
agency with the approval from the State's
Attorney | ||||||
| 20 | or Attorney General,
investigating or prosecuting a gang
crime | ||||||
| 21 | occurring under the State's Attorney's or Attorney General's | ||||||
| 22 | respective
jurisdiction, from funds deposited in the Gang Crime | ||||||
| |||||||
| |||||||
| 1 | Witness Protection Program Fund
and appropriated from that Fund | ||||||
| 2 | for the purposes of this Act. | ||||||
| 3 | Section 15. Funding. The Illinois Criminal Justice | ||||||
| 4 | Information Authority, in consultation with
the Attorney | ||||||
| 5 | General, shall adopt rules for the implementation of the Gang
| ||||||
| 6 | Crime Witness Protection Program. Assistance shall be subject | ||||||
| 7 | to the following
limitations:
| ||||||
| 8 | (a) Funds shall be limited to payment of the following:
| ||||||
| 9 | (1) temporary living costs;
| ||||||
| 10 | (2) moving expenses;
| ||||||
| 11 | (3) rent;
| ||||||
| 12 | (4) security deposits; and
| ||||||
| 13 | (5) other appropriate expenses of relocation or | ||||||
| 14 | transition;
| ||||||
| 15 | (b) Approval of applications made by State's Attorneys | ||||||
| 16 | shall be
conditioned upon county funding for costs at a | ||||||
| 17 | level of at least 25%, unless
this requirement is waived by | ||||||
| 18 | the administrator, in accordance with adopted
rules, for | ||||||
| 19 | good cause shown;
| ||||||
| 20 | (c) Counties providing assistance consistent with the | ||||||
| 21 | limitations in this
Act may apply for reimbursement of up | ||||||
| 22 | to 75% of their costs; and
| ||||||
| 23 | (d) No more than 50% of funding available in any given | ||||||
| 24 | fiscal year may be
used for costs associated with any | ||||||
| 25 | single county.
| ||||||
| |||||||
| |||||||
| 1 | (e) Before the Illinois Criminal Justice Information | ||||||
| 2 | Authority distributes moneys from the Gang Crime Witness | ||||||
| 3 | Protection Program Fund as provided in this Section, it | ||||||
| 4 | shall retain 2% of those moneys for administrative | ||||||
| 5 | purposes. | ||||||
| 6 | Section 20. Gang Crime Witness Protection Program Fund. | ||||||
| 7 | There is created in the
State Treasury the Gang Crime Witness | ||||||
| 8 | Protection Program Fund into which shall be
deposited | ||||||
| 9 | appropriated funds, grants, or other funds made available to | ||||||
| 10 | the
Illinois Criminal Justice Information Authority to assist | ||||||
| 11 | State's Attorneys and the Attorney General
in protecting | ||||||
| 12 | victims and witnesses who are aiding in the prosecution of
| ||||||
| 13 | perpetrators of gang crime, and appropriate related persons.
| ||||||
| 14 | Within 30 days after the effective date of this Act, all moneys | ||||||
| 15 | in the Gang Crime Witness Protection Fund shall be transferred | ||||||
| 16 | into the Gang Crime Witness Protection Program Fund. | ||||||
| 17 | Section 25. Beginning of operation. The program created by | ||||||
| 18 | this Act shall
begin operation on July 1, 2013.
| ||||||
| 19 | Section 90. The State Finance Act is amended by adding | ||||||
| 20 | Section 5.826 as follows: | ||||||
| 21 | (30 ILCS 105/5.826 new) | ||||||
| 22 | Sec. 5.826. The Gang Crime Witness Protection Program Fund. | ||||||
| |||||||
| |||||||
| 1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 2 | 2013. | ||||||