Full Text of HB5623 100th General Assembly
HB5623 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5623 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-9-1.7 | from Ch. 38, par. 1005-9-1.7 |
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Amends the Unified Code of Corrections. Provides the circuit court clerk shall retain an additional 10% of the fine in a sexual assault case and shall remit it within one month after receipt to the State Treasurer for deposit in the State Crime Laboratory Fund to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under the Sexual Assault Evidence Submission Act to assist in reduction of the number of un-analyzed and unprocessed Kits.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 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.
| 8 | | (a) Definitions. The terms used in this Section shall have | 9 | | the following
meanings ascribed to them:
| 10 | | (1) "Sexual assault" means the commission or attempted | 11 | | commission of
the following: sexual exploitation of a | 12 | | child, criminal sexual assault, predatory criminal sexual | 13 | | assault of
a child, aggravated criminal sexual assault,
| 14 | | criminal sexual abuse, aggravated criminal sexual abuse, | 15 | | indecent
solicitation of a child, public indecency, sexual | 16 | | relations within
families, promoting juvenile | 17 | | prostitution, soliciting for a juvenile prostitute, | 18 | | keeping a place of juvenile
prostitution, patronizing a | 19 | | juvenile prostitute, juvenile pimping,
exploitation of a | 20 | | child, obscenity, child pornography,
aggravated child | 21 | | pornography, harmful material,
or ritualized abuse of a | 22 | | child, as those offenses are defined in the Criminal Code | 23 | | of 1961 or the Criminal Code of 2012.
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| 1 | | (2) "Family member" shall have the meaning ascribed to | 2 | | it in Section 11-0.1
of the Criminal Code of 2012.
| 3 | | (3) "Sexual assault organization" means any | 4 | | not-for-profit organization
providing comprehensive, | 5 | | community-based services to victims of sexual assault.
| 6 | | "Community-based services" include, but are not limited | 7 | | to, direct crisis
intervention through a 24-hour response, | 8 | | medical and legal advocacy,
counseling, information and | 9 | | referral services, training, and community
education.
| 10 | | (b) Sexual assault fine; collection by clerk.
| 11 | | (1) In addition to any other penalty imposed, a fine of | 12 | | $200 shall be
imposed upon any person who pleads guilty or | 13 | | who is convicted of, or who
receives a disposition of court | 14 | | supervision for, a sexual assault or attempt
of a sexual | 15 | | assault. Upon request of the victim or the victim's
| 16 | | representative, the court shall determine whether the fine | 17 | | will impose an
undue burden on the victim of the offense. | 18 | | For purposes of this paragraph,
the defendant may not be | 19 | | considered the victim's representative. If the
court finds | 20 | | that the fine would impose an undue burden on the victim, | 21 | | the
court may reduce or waive the fine. The court shall | 22 | | order that the
defendant may not use funds belonging solely | 23 | | to the victim of the offense
for payment of the fine.
| 24 | | (2) Sexual assault fines shall be assessed by the court | 25 | | imposing the
sentence and shall be collected by the circuit | 26 | | clerk. The circuit clerk
shall retain 10% of the penalty to |
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| 1 | | cover the costs involved in
administering and enforcing | 2 | | this Section. The circuit court clerk shall retain an | 3 | | additional 10% of the sexual assault fine in the case and | 4 | | shall remit it within one month after receipt to the State | 5 | | Treasurer for deposit in the State Crime Laboratory Fund to | 6 | | pay for the costs of processing and analyzing the Illinois | 7 | | State Police Sexual Assault Evidence Collection Kits under | 8 | | Section 15 of the Sexual Assault Evidence Submission Act to | 9 | | assist in reduction of the number of un-analyzed and | 10 | | unprocessed Kits. The circuit clerk shall remit
the | 11 | | remainder of each fine within one month of its receipt to | 12 | | the State
Treasurer for deposit as follows:
| 13 | | (i) for family member offenders, one-half to the | 14 | | Sexual Assault
Services Fund, and one-half to the | 15 | | Domestic Violence Shelter and Service
Fund; and
| 16 | | (ii) for other than family member offenders, the | 17 | | full amount to the
Sexual Assault Services Fund.
| 18 | | (c) Sexual Assault Services Fund; administration. There is | 19 | | created a
Sexual Assault Services Fund. Moneys deposited into | 20 | | the Fund under this
Section shall be appropriated to the | 21 | | Department of Public Health. Upon
appropriation of moneys from | 22 | | the Sexual Assault Services Fund, the Department
of Public | 23 | | Health shall make grants of these moneys from the Fund to | 24 | | sexual
assault organizations with whom the Department has | 25 | | contracts for the purpose of
providing community-based | 26 | | services to victims of sexual assault. Grants made
under this |
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| 1 | | Section are in addition to, and are not substitutes for, other
| 2 | | grants authorized and made by the Department.
| 3 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; | 4 | | 97-1150, eff. 1-25-13.)
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