HB4736enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Crime Reduction Task Force Act. References in this Article to
7"this Act" mean this Article.
 
8    Section 1-5. Crime Reduction Task Force; creation;
9purpose. The Crime Reduction Task Force is created. The
10purpose of the Task Force is to develop and propose policies
11and procedures to reduce crime in the State of Illinois.
 
12    Section 1-10. Task Force members.
13    (a) The Crime Reduction Task Force shall be composed of
14the following members:
15        (1) two State Senators, appointed by the President of
16    the Senate;
17        (2) two State Representatives, appointed by the
18    Speaker of the House of Representatives;
19        (3) two State Senators, appointed by the Minority
20    Leader of the Senate;
21        (4) two State Representatives, appointed by the

 

 

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1    Minority Leader of the House of Representatives;
2        (5) the Director of the Illinois State Police, or his
3    or her designee;
4        (6) the Attorney General, or his or her designee;
5        (7) a retired judge, appointed by the Governor;
6        (8) a representative of a statewide association
7    representing State's Attorneys, appointed by the Governor;
8        (9) a representative of a statewide association
9    representing public defenders, appointed by the Governor;
10        (10) the executive director of a statewide association
11    representing county sheriffs or his or her designee,
12    appointed by the Governor;
13        (11) the executive director of a statewide association
14    representing chiefs of police, appointed by the Governor;
15        (12) a representative of a statewide organization
16    protecting civil liberties, appointed by the Governor;
17        (13) two justice-involved members of the public,
18    appointed by the Governor;
19        (14) four justice-involved members of the public,
20    appointed one each by the President of the Senate, Speaker
21    of the House of Representatives, Minority Leader of the
22    Senate, and Minority Leader of the House of
23    Representatives;
24        (15) one member representing a statewide organization
25    of municipalities as authorized by Section 1-8-1 of the
26    Illinois Municipal Code, appointed by the Governor;

 

 

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1        (16) a representative of an organization supporting
2    crime survivors, appointed by the Governor;
3        (17) a representative of an organization supporting
4    domestic violence survivors, appointed by the Governor;
5        (18) the Executive Director of the Sentencing Policy
6    Advisory Council, or his or her designee; and
7        (19) one active law enforcement officer, appointed by
8    the Governor.
9    As used in this Act, "justice-involved" means having had
10interactions with the criminal justice system as a defendant,
11victim, or witness or immediate family member of a defendant,
12victim, or witness.
13    (b) The President of the Senate and the Speaker of the
14House shall appoint co-chairpersons for the Task Force. The
15Task Force shall have all appointments made within 30 days of
16the effective date of this Act.
17    (c) The Illinois Criminal Justice Information Authority
18shall provide administrative and technical support to the Task
19Force and be responsible for administering its operations and
20ensuring that the requirements of the Task Force are met. The
21members of the Task Force shall serve without compensation.
 
22    Section 1-15. Meetings; report.
23    (a) The Task Force shall meet at least 4 times with the
24first meeting occurring within 60 days after the effective
25date of this Act.

 

 

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1    (b) The Task Force shall review available research and
2best practices and take expert and witness testimony.
3    (c) The Task Force shall produce and submit a report
4detailing the Task Force's findings, recommendations, and
5needed resources to the General Assembly and the Governor on
6or before March 1, 2023.
 
7    Section 1-20. Repeal. This Act is repealed on March 1,
82024.
 
9
Article 2.

 
10    Section 2-85. The Illinois State Police Law of the Civil
11Administrative Code of Illinois is amended by changing Section
122605-51 as follows:
 
13    (20 ILCS 2605/2605-51)
14    Sec. 2605-51. Division of the Academy and Training.
15    (a) The Division of the Academy and Training shall
16exercise, but not be limited to, the following functions:
17        (1) Oversee and operate the Illinois State Police
18    Training Academy.
19        (2) Train and prepare new officers for a career in law
20    enforcement, with innovative, quality training and
21    educational practices.
22        (3) Offer continuing training and educational programs

 

 

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1    for Illinois State Police employees.
2        (4) Oversee the Illinois State Police's recruitment
3    initiatives.
4        (5) Oversee and operate the Illinois State Police's
5    quartermaster.
6        (6) Duties assigned to the Illinois State Police in
7    Article 5, Chapter 11 of the Illinois Vehicle Code
8    concerning testing and training officers on the detection
9    of impaired driving.
10        (7) Duties assigned to the Illinois State Police in
11    Article 108B of the Code of Criminal Procedure.
12    (b) The Division of the Academy and Training shall
13exercise the rights, powers, and duties vested in the former
14Division of State Troopers by Section 17 of the Illinois State
15Police Act.
16    (c) Specialized training.
17        (1) Training; cultural diversity. The Division of the
18    Academy and Training shall provide training and continuing
19    education to State police officers concerning cultural
20    diversity, including sensitivity toward racial and ethnic
21    differences. This training and continuing education shall
22    include, but not be limited to, an emphasis on the fact
23    that the primary purpose of enforcement of the Illinois
24    Vehicle Code is safety and equal and uniform enforcement
25    under the law.
26        (2) Training; death and homicide investigations. The

 

 

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1    Division of the Academy and Training shall provide
2    training in death and homicide investigation for State
3    police officers. Only State police officers who
4    successfully complete the training may be assigned as lead
5    investigators in death and homicide investigations.
6    Satisfactory completion of the training shall be evidenced
7    by a certificate issued to the officer by the Division of
8    the Academy and Training. The Director shall develop a
9    process for waiver applications for officers whose prior
10    training and experience as homicide investigators may
11    qualify them for a waiver. The Director may issue a
12    waiver, at his or her discretion, based solely on the
13    prior training and experience of an officer as a homicide
14    investigator.
15            (A) The Division shall require all homicide
16        investigator training to include instruction on
17        victim-centered, trauma-informed investigation. This
18        training must be implemented by July 1, 2023.
19            (B) The Division shall cooperate with the Division
20        of Criminal Investigation to develop a model
21        curriculum on victim-centered, trauma-informed
22        investigation. This curriculum must be implemented by
23        July 1, 2023.
24        (3) Training; police dog training standards. All
25    police dogs used by the Illinois State Police for drug
26    enforcement purposes pursuant to the Cannabis Control Act,

 

 

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1    the Illinois Controlled Substances Act, and the
2    Methamphetamine Control and Community Protection Act shall
3    be trained by programs that meet the certification
4    requirements set by the Director or the Director's
5    designee. Satisfactory completion of the training shall be
6    evidenced by a certificate issued by the Division of the
7    Academy and Training.
8        (4) Training; post-traumatic stress disorder. The
9    Division of the Academy and Training shall conduct or
10    approve a training program in post-traumatic stress
11    disorder for State police officers. The purpose of that
12    training shall be to equip State police officers to
13    identify the symptoms of post-traumatic stress disorder
14    and to respond appropriately to individuals exhibiting
15    those symptoms.
16        (5) Training; opioid antagonists. The Division of the
17    Academy and Training shall conduct or approve a training
18    program for State police officers in the administration of
19    opioid antagonists as defined in paragraph (1) of
20    subsection (e) of Section 5-23 of the Substance Use
21    Disorder Act that is in accordance with that Section. As
22    used in this Section, "State police officers" includes
23    full-time or part-time State police officers,
24    investigators, and any other employee of the Illinois
25    State Police exercising the powers of a peace officer.
26        (6) Training; sexual assault and sexual abuse.

 

 

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1            (A) Every 3 years, the Division of the Academy and
2        Training shall present in-service training on sexual
3        assault and sexual abuse response and report writing
4        training requirements, including, but not limited to,
5        the following:
6                (i) recognizing the symptoms of trauma;
7                (ii) understanding the role trauma has played
8            in a victim's life;
9                (iii) responding to the needs and concerns of
10            a victim;
11                (iv) delivering services in a compassionate,
12            sensitive, and nonjudgmental manner;
13                (v) interviewing techniques in accordance with
14            the curriculum standards in this paragraph (6);
15                (vi) understanding cultural perceptions and
16            common myths of sexual assault and sexual abuse;
17            and
18                (vii) report writing techniques in accordance
19            with the curriculum standards in this paragraph
20            (6).
21            (B) This training must also be presented in all
22        full and part-time basic law enforcement academies.
23            (C) Instructors providing this training shall have
24        successfully completed training on evidence-based,
25        trauma-informed, victim-centered responses to cases of
26        sexual assault and sexual abuse and have experience

 

 

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1        responding to sexual assault and sexual abuse cases.
2            (D) The Illinois State Police shall adopt rules,
3        in consultation with the Office of the Attorney
4        General and the Illinois Law Enforcement Training
5        Standards Board, to determine the specific training
6        requirements for these courses, including, but not
7        limited to, the following:
8                (i) evidence-based curriculum standards for
9            report writing and immediate response to sexual
10            assault and sexual abuse, including
11            trauma-informed, victim-centered interview
12            techniques, which have been demonstrated to
13            minimize retraumatization, for all State police
14            officers; and
15                (ii) evidence-based curriculum standards for
16            trauma-informed, victim-centered investigation
17            and interviewing techniques, which have been
18            demonstrated to minimize retraumatization, for
19            cases of sexual assault and sexual abuse for all
20            State police officers who conduct sexual assault
21            and sexual abuse investigations.
22        (7) Training; human trafficking. The Division of the
23    Academy and Training shall conduct or approve a training
24    program in the detection and investigation of all forms of
25    human trafficking, including, but not limited to,
26    involuntary servitude under subsection (b) of Section 10-9

 

 

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1    of the Criminal Code of 2012, involuntary sexual servitude
2    of a minor under subsection (c) of Section 10-9 of the
3    Criminal Code of 2012, and trafficking in persons under
4    subsection (d) of Section 10-9 of the Criminal Code of
5    2012. This program shall be made available to all cadets
6    and State police officers.
7        (8) Training; hate crimes. The Division of the Academy
8    and Training shall provide training for State police
9    officers in identifying, responding to, and reporting all
10    hate crimes.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 2-90. The Illinois Criminal Justice Information
13Act is amended by adding Section 7.10 as follows:
 
14    (20 ILCS 3930/7.10 new)
15    Sec. 7.10. Grant program. Subject to appropriation, the
16Illinois Criminal Justice Information Authority shall
17establish a grant program for organizations and units of local
18government for the purposes of providing a tip hotline or
19other system for crime victims and witnesses that:
20        (1) allows the callers or participants to remain
21    anonymous; and
22        (2) provides cash rewards for tips that lead to
23    arrest.
 

 

 

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1    Section 2-93. The Illinois Municipal Code is amended by
2adding Division 1.5 of Article 11 as follows:
 
3    (65 ILCS 5/Art. 11 Div. 1.5 heading new)
4
DIVISION 1.5.
5
CO-RESPONDER PILOT PROGRAM

 
6    (65 ILCS 5/11-1.5-5 new)
7    Sec. 11-1.5-5. Definitions. As used in this Section:
8    "Department" means the East St. Louis Police Department,
9the Peoria Police Department, the Springfield Police
10Department, or the Waukegan Police Department.
11    "Social Worker" means a licensed clinical social worker or
12licensed social worker, as those terms are defined in the
13Clinical Social Work and Social Work Practice Act.
14    "Station adjustment" has the meaning given to that term in
15Section 1-3 of the Juvenile Court Act of 1987.
16    "Unit" means a co-responder unit created under this
17Division.
 
18    (65 ILCS 5/11-1.5-10 new)
19    Sec. 11-1.5-10. Establishment; responsibilities; focus.
20    (a) Each department shall establish, subject to
21appropriation, a co-responder unit no later than 6 months
22after the effective date of this amendatory Act of the 102nd
23General Assembly, including the hiring of personnel as

 

 

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1provided in this Division.
2    (b) Along with the duties described in Sections 11-1.5-15
3and 11-1.5-20, the unit's social workers are responsible for
4conducting follow-up visits for victims who may benefit from
5mental or behavioral health services. The unit shall utilize
6community resources, including services provided through the
7Department of Human Services and social workers in juvenile
8and adult investigations, to connect individuals with
9appropriate services.
10    (c) The unit's primary area of focus shall be victim
11assistance.
 
12    (65 ILCS 5/11-1.5-15 new)
13    Sec. 11-1.5-15. Duties. The duties of the unit include,
14but are not limited to:
15        (1) Serving as a resource to a department's community
16    to identify and coordinate the social services available
17    to residents who are victims of criminal acts.
18        (2) Networking with area social service agencies to
19    develop a community-mutual resource system and wrap-around
20    services (a team-based, collaborative case management
21    approach) for victims in need of social service
22    assistance; and fostering relationships with community
23    organizations not limited to area hospitals, school
24    districts, juvenile justice system, and various community
25    groups.

 

 

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1        (3) Employing social workers of the unit who shall:
2            (A) Upon request, provide community presentations
3        on an array of social service topics.
4            (B) Assist individuals in diversion from the
5        criminal justice system by addressing problems or
6        concerns through therapeutic intervention.
7            (C) Facilitate follow-up treatment or referral to
8        the appropriate community resource organization.
9            (D) When requested, assist department employees in
10        securing services for those in need and provide
11        educational information to help the employee better
12        understand the circumstances or the community concern.
13            (E) Meet with walk-ins requesting information or
14        assistance.
15            (F) Protect the interest, confidentiality, and
16        civil rights of the client.
17            (G) Train social work interns who may be working
18        within the unit.
19            (H) Be on-call after regular business hours, as
20        needed.
21            (I) Inform clients, prior to providing services
22        under this Division, what communications are
23        confidential pursuant to applicable provisions of
24        State or federal law, rule, or regulation and what may
25        be shared with the social worker's employer.
26            (J) Consult on all cases as needed by the

 

 

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1        department.
2            (K) Perform other functions as provided in Section
3        11-1.5-20 or otherwise needed by a department.
4        (4) Employing social workers who shall work with
5    victims of crimes as follows:
6            (A) Review police reports to identify known
7        victims and contact them to offer direct and referred
8        services.
9            (B) Assist victims with filing police reports and
10        victim compensation forms.
11            (C) Provide safety planning services to victims.
12            (D) Provide crisis counseling services to victims
13        and their families.
14            (E) Conduct home visits with victims in
15        conjunction with police backup, when needed.
16            (F) Assist victims in obtaining orders of
17        protection. A social worker, in the performance of his
18        or her duties under this subparagraph, is an advocate,
19        as that term is defined in Section 112A-3 of the Code
20        of Criminal Procedure of 1963.
21            (G) Facilitate court advocacy services for
22        victims, including arranging for transportation to and
23        from court.
24            (H) Maintain confidential case files which include
25        social history, diagnosis, formulation of treatment,
26        and documentation of services.

 

 

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1            (I) Perform miscellaneous personal advocacy tasks
2        for victims, as needed.
3            (J) Oversee activities to ensure those victims
4        with the most urgent needs are given the highest
5        priority for services.
6            (K) Provide status updates on the progress of a
7        victim's case.
8        (5) Adhering to and understanding the applicable
9    policies, procedures, and orders of a department.
10        (6) Attaining department-established unit goals.
11        (7) Maintaining a positive relationship with
12    co-workers, as well as the investigators from area police
13    departments and facilitating the exchange of information
14    and resources pertaining to investigations that would not
15    violate confidentiality as protected pursuant to
16    applicable provisions of State or federal law, rule, or
17    regulation.
18        (8) Keeping informed on crime trends within the City.
19        (9) Remaining obedient and responsive to all lawful
20    verbal and written orders issued by superiors.
21        (10) Completing police reports and other required
22    documentation.
23        (11) Performing such other duties as may be required
24    by State law, city ordinance, and department policy or as
25    may be assigned by a sworn supervisor.
 

 

 

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1    (65 ILCS 5/11-1.5-20 new)
2    Sec. 11-1.5-20. Social workers.
3    (a) Unit social workers may be referred to as victim
4service specialists. Social workers are responsible for
5working as a team to provide trauma-informed crisis
6intervention, case management, advocacy, and ongoing emotional
7support to the victims of all crimes, with extra attention to
8crimes that cause a high level of victim trauma.
9    (b) Unit social workers involved in a case under adult
10investigations may perform the following responsibilities:
11        (1) Working with domestic violence investigators.
12        (2) Assisting victims with finding safe housing,
13    transportation, and legal assistance.
14        (3) Providing other needed resources for victims and
15    their families, including working with children who
16    witness or experience domestic violence.
17        (4) Assisting victims and their children in setting up
18    counseling.
19        (5) Helping reduce victims' chances of reentry into
20    violent situations.
21    (c) Unit social workers involved in a case under juvenile
22investigations may perform the following responsibilities:
23        (1) Working with families that have habitual runaways
24    and determining why the juveniles keep running away.
25        (2) Providing services to families where there have
26    been domestic disturbances between the juveniles and their

 

 

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1    parents.
2        (3) Providing resources for parents to help their
3    children who are struggling in school or need
4    transportation to school.
5        (4) Providing guidance and advice to the families of a
6    juvenile who has been arrested and what the next steps and
7    options are in the process.
8        (5) Assisting a juvenile with station adjustments and
9    creating a station adjustment program in a department.
10        (6) Providing services to juvenile victims and
11    families where the Department of Children and Family
12    Services either did not get involved or did not provide
13    services.
14        (7) Assisting with overcoming feuds between groups of
15    juveniles.
16        (8) Assisting in instances where the families are not
17    cooperative with police.
18        (9) Discussing with families and juveniles options and
19    solutions to prevent future arrest.
20        (10) Maintaining a list of families in need that the
21    unit or department have had contact with for department or
22    city special events.
23        (11) Helping facilitate or assist a department in
24    community-oriented events, such as setting up an event
25    where officers or unit personnel read books with younger
26    children, talking about cyber crimes and social media, or

 

 

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1    having an officer or unit personnel visit a school for
2    other activities.
3        (12) Helping reduce juvenile recidivism.
 
4    (65 ILCS 5/11-1.5-25 new)
5    Sec. 11-1.5-25. Training. All unit employees shall be
6trained in crisis intervention and integrating communications,
7assessment and tactics. Integrating communications,
8assessment, and tactics training shall be designed for
9situations involving persons who are unarmed or are armed with
10weapons and who may be experiencing a mental health or other
11crisis. The training shall incorporate different skill sets
12into a unified training approach that emphasizes
13scenario-based exercises, as well as lecture and case study
14opportunities.
 
15    (65 ILCS 5/11-1.5-30 new)
16    Sec. 11-1.5-30. Privileged or confidential communications.
17Nothing contained in this Division shall be construed to
18impair or limit the confidentiality of communications
19otherwise protected by law as privileged or confidential,
20including, but not limited to, information communicated in
21confidence to a social worker or social work intern who works
22under the direct supervision of a social worker. No social
23worker shall be subjected to adverse employment action, the
24threat of adverse employment action, or any manner of

 

 

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1discrimination because the employee is acting or has acted to
2protect communications as privileged or confidential pursuant
3to applicable provisions of State or federal law, rule, or
4regulation.
 
5    (65 ILCS 5/11-1.5-99 new)
6    Sec. 11-1.5-99. Repeal. This Division is repealed January
71, 2029.
 
8    Section 2-95. The Gang Crime Witness Protection Act of
92013 is amended by changing Sections 1, 5, 10, 15, 20, and 25
10as follows:
 
11    (725 ILCS 173/1)
12    Sec. 1. Short title. This Act may be cited as the Violent
13Gang Crime Witness Protection Act of 2013.
14(Source: P.A. 98-58, eff. 7-8-13.)
 
15    (725 ILCS 173/5)
16    Sec. 5. Definition. As used in this Act, "violent crime"
17means a violent crime as that term is defined in Section 3 of
18the Rights of Crime Victims and Witnesses Act "gang crime"
19means any criminal offense committed by a member of a "gang" as
20that term is defined in Section 10 of the Illinois Streetgang
21Terrorism Omnibus Prevention Act when the offense is in
22furtherance of any activity, enterprise, pursuit, or

 

 

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1undertaking of a gang.
2(Source: P.A. 98-58, eff. 7-8-13.)
 
3    (725 ILCS 173/10)
4    Sec. 10. Financial Assistance Program. No later than
5January 1, 2023 Subject to appropriation, the Illinois
6Criminal Justice Information Authority, in consultation with
7the Office of the Attorney General, shall establish and
8administer a program to assist victims and witnesses who are
9actively aiding in the prosecution of perpetrators of violent
10gang crime, and appropriate related persons or victims and
11witnesses determined by the Authority to be at risk of a
12discernible threat of violent crime. The program shall be
13administered by the Illinois Criminal Justice Information
14Authority. The program shall offer, among other things,
15financial Financial assistance, including financial assistance
16on an emergency basis, that may be provided, upon application
17by a State's Attorney or the Attorney General, or a chief
18executive of a police agency with the approval from the
19State's Attorney or Attorney General, investigating or
20prosecuting a gang crime occurring under the State's
21Attorney's or Attorney General's respective jurisdiction, from
22funds deposited in the Violent Gang Crime Witness Protection
23Program Fund and appropriated from that Fund for the purposes
24of this Act.
25(Source: P.A. 98-58, eff. 7-8-13.)
 

 

 

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1    (725 ILCS 173/15)
2    Sec. 15. Funding. The Illinois Criminal Justice
3Information Authority, in consultation with the Office of the
4Attorney General, shall adopt rules for the implementation of
5the Violent Gang Crime Witness Protection Program. Assistance
6shall be subject to the following limitations:
7        (a) Funds shall be limited to payment of the
8    following:
9            (1) emergency or temporary living costs;
10            (2) moving expenses;
11            (3) rent;
12            (3.5) utilities;
13            (4) security deposits for rent and utilities; and
14            (5) other appropriate expenses of relocation or
15        transition;
16            (6) mental health treatment; and
17            (7) lost wage assistance.
18        (b) Approval of applications made by State's Attorneys
19    shall be conditioned upon county funding for costs at a
20    level of at least 25%, unless this requirement is waived
21    by the administrator, in accordance with adopted rules,
22    for good cause shown. ;
23        (c) Counties providing assistance consistent with the
24    limitations in this Act may apply for reimbursement of up
25    to 75% of their costs. ;

 

 

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1        (d) No more than 50% of funding available in any given
2    fiscal year may be used for costs associated with any
3    single county. ; and
4        (d-5) Funds may also be requested by local law
5    enforcement agencies and, notwithstanding subsection (a),
6    used to establish local violent crime witness protection
7    programs.
8        (e) Before the Illinois Criminal Justice Information
9    Authority distributes moneys from the Violent Gang Crime
10    Witness Protection Program Fund as provided in this
11    Section, it shall retain 5% 2% of those moneys for
12    administrative purposes.
13        (f) Direct reimbursement is allowed in whole or in
14    part.
15        (g) Implementation of the Violent Crime Witness
16    Protection Program is contingent upon and subject to there
17    being made sufficient appropriations for implementation of
18    that program.
19(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
 
20    (725 ILCS 173/20)
21    Sec. 20. Violent Gang Crime Witness Protection Program
22Fund. There is created in the State treasury Treasury the
23Violent Gang Crime Witness Protection Program Fund into which
24shall be deposited appropriated funds, grants, or other funds
25made available to the Illinois Criminal Justice Information

 

 

HB4736 Enrolled- 23 -LRB102 24374 RJF 33608 b

1Authority to assist State's Attorneys and the Attorney General
2in protecting victims and witnesses who are aiding in the
3prosecution of perpetrators of violent gang crime, and
4appropriate related persons or victims and witnesses
5determined by the Authority to be at risk of a discernible
6threat of violent crime.
7(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)
 
8    (725 ILCS 173/25)
9    Sec. 25. Beginning of operation. Subject to appropriation,
10the The program created by this Act shall begin operation on
11January 1, 2023 July 1, 2013.
12(Source: P.A. 98-58, eff. 7-8-13.)
 
13    Section 2-100. The State Finance Act is amended by
14changing Section 5.833 as follows:
 
15    (30 ILCS 105/5.833)
16    Sec. 5.833. The Violent Gang Crime Witness Protection
17Program Fund.
18(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)
 
19
Article 99.

 
20    Section 99-99. Effective date. This Act takes effect upon
21becoming law.