Full Text of HB5623 100th General Assembly
HB5623ham001 100TH GENERAL ASSEMBLY | Rep. Litesa E. Wallace Filed: 4/12/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5623
| 2 | | AMENDMENT NO. ______. Amend House Bill 5623 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-9-1.7 as follows:
| 6 | | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| 7 | | Sec. 5-9-1.7. Sexual assault fines ; sex offense | 8 | | assessments .
| 9 | | (a) Definitions. In The terms used in this Section shall | 10 | | have the following
meanings ascribed to them :
| 11 | | (1) "Sexual assault" means the commission or attempted | 12 | | commission of
the following: sexual exploitation of a | 13 | | child, criminal sexual assault, predatory criminal sexual | 14 | | assault of
a child, aggravated criminal sexual assault,
| 15 | | criminal sexual abuse, aggravated criminal sexual abuse, | 16 | | indecent
solicitation of a child, public indecency, sexual |
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| 1 | | relations within
families, promoting juvenile | 2 | | prostitution, soliciting for a juvenile prostitute, | 3 | | keeping a place of juvenile
prostitution, patronizing a | 4 | | juvenile prostitute, juvenile pimping,
exploitation of a | 5 | | child, obscenity, child pornography,
aggravated child | 6 | | pornography, harmful material,
or ritualized abuse of a | 7 | | child, as those offenses are defined in the Criminal Code | 8 | | of 1961 or the Criminal Code of 2012.
| 9 | | (2) "Family member" shall have the meaning ascribed to | 10 | | it in Section 11-0.1
of the Criminal Code of 2012.
| 11 | | (3) "Sexual assault organization" means any | 12 | | not-for-profit organization
providing comprehensive, | 13 | | community-based services to victims of sexual assault.
| 14 | | "Community-based services" include, but are not limited | 15 | | to, direct crisis
intervention through a 24-hour response, | 16 | | medical and legal advocacy,
counseling, information and | 17 | | referral services, training, and community
education.
| 18 | | (4) "Sex offense" means the commission or attempted | 19 | | commission of an offense defined in Article 11 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012, except | 21 | | prostitution, duty of commercial film and photographic | 22 | | print processors or computer technicians to report sexual | 23 | | depiction of children, tie-in
sales of obscene | 24 | | publications to distributors, public indecency, adultery, | 25 | | fornication, or bigamy and marrying a bigamist. | 26 | | (b) Sexual assault fine and sex offense assessment ; |
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| 1 | | collection by clerk.
| 2 | | (1) In addition to any other penalty imposed, a sexual | 3 | | assault fine of $200 shall be
imposed upon any person who | 4 | | pleads guilty or who is convicted of, or who
receives a | 5 | | disposition of court supervision for, a sexual assault or | 6 | | attempt
of a sexual assault , and a sex offense assessment | 7 | | of $100 shall be
imposed upon any person who pleads guilty | 8 | | or who is convicted of, or who
receives a disposition of | 9 | | court supervision for, a sex offense or attempt
of a sex | 10 | | offense . Upon request of the victim or the victim's
| 11 | | representative, the court shall determine whether the | 12 | | fine , assessment, or both will impose an
undue burden on | 13 | | the victim of the offense. For purposes of this paragraph,
| 14 | | the defendant may not be considered the victim's | 15 | | representative. If the
court finds that the fine , | 16 | | assessment, or both would impose an undue burden on the | 17 | | victim, the
court may reduce or waive the fine , assessment, | 18 | | or both . The court shall order that the
defendant may not | 19 | | use funds belonging solely to the victim of the offense
for | 20 | | payment of the fine or assessment .
| 21 | | (2) Sexual assault fines and sex offense assessments | 22 | | shall be assessed by the court imposing the
sentence and | 23 | | shall be collected by the circuit clerk. The circuit clerk
| 24 | | shall retain 10% of the sexual assault fine penalty to | 25 | | cover the costs involved in
administering and enforcing | 26 | | this Section. The circuit court clerk shall remit the sex |
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| 1 | | offense assessment within one month after receipt to the | 2 | | State Treasurer for deposit in the State Crime Laboratory | 3 | | Fund to pay for the costs of processing and analyzing the | 4 | | Illinois State Police Sexual Assault Evidence Collection | 5 | | Kits under Section 15 of the Sexual Assault Evidence | 6 | | Submission Act to assist in reduction of the number of | 7 | | un-analyzed and unprocessed Kits. The circuit clerk shall | 8 | | remit
the remainder of each sexual assault fine within one | 9 | | month of its receipt to the State
Treasurer for deposit as | 10 | | follows:
| 11 | | (i) for family member offenders, one-half to the | 12 | | Sexual Assault
Services Fund, and one-half to the | 13 | | Domestic Violence Shelter and Service
Fund; and
| 14 | | (ii) for other than family member offenders, the | 15 | | full amount to the
Sexual Assault Services Fund.
| 16 | | (c) Sexual Assault Services Fund; administration. There is | 17 | | created a
Sexual Assault Services Fund. Moneys deposited into | 18 | | the Fund under this
Section shall be appropriated to the | 19 | | Department of Public Health. Upon
appropriation of moneys from | 20 | | the Sexual Assault Services Fund, the Department
of Public | 21 | | Health shall make grants of these moneys from the Fund to | 22 | | sexual
assault organizations with whom the Department has | 23 | | contracts for the purpose of
providing community-based | 24 | | services to victims of sexual assault. Grants made
under this | 25 | | Section are in addition to, and are not substitutes for, other
| 26 | | grants authorized and made by the Department.
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| 1 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; | 2 | | 97-1150, eff. 1-25-13.)".
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