Public Act 093-0810
 
HB4288 EnrolledLRB093 17812 RLC 43493 b

    AN ACT in relation to criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 5-9-1.5 and 5-9-1.7 as follows:
 
    (730 ILCS 5/5-9-1.5)  (from Ch. 38, par. 1005-9-1.5)
    Sec. 5-9-1.5. Domestic violence fine. In addition to any
other penalty imposed, a fine of $200 $100 shall be imposed
upon any person who pleads guilty or no contest to or who is
convicted of murder, voluntary manslaughter, involuntary
manslaughter, burglary, residential burglary, criminal
trespass to residence, criminal trespass to vehicle, criminal
trespass to land, criminal damage to property, telephone
harassment, kidnapping, aggravated kidnapping, unlawful
restraint, forcible detention, child abduction, indecent
solicitation of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a child,
child abandonment, contributing to dependency or neglect of
child, or cruelty to children and others; provided that the
offender and victim are family or household members as defined
in Section 103 of the Illinois Domestic Violence Act of 1986.
Upon request of the victim or the victim's representative, the
court shall determine whether the fine will impose an undue
burden on the victim of the offense. For purposes of this
paragraph, the defendant may not be considered the victim's
representative. If the court finds that the fine would impose
an undue burden on the victim, the court may reduce or waive
the fine. The court shall order that the defendant may not use
funds belonging solely to the victim of the offense for payment
of the fine. The circuit clerk shall remit each fine within one
month of its receipt to the State Treasurer for deposit as
follows: (i) for sexual assault, as defined in Section 5-9-1.7,
when the offender and victim are family members, one-half to
the Domestic Violence Shelter and Service Fund, and one-half to
the Sexual Assault Services Fund; (ii) for the remaining
offenses to the Domestic Violence Shelter and Service Fund.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
    Sec. 5-9-1.7. Sexual assault fines.
    (a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
        (1) "Sexual assault" means the commission or attempted
    commission of the following: criminal sexual assault,
    predatory criminal sexual assault of a child, aggravated
    criminal sexual assault, criminal sexual abuse, aggravated
    criminal sexual abuse, indecent solicitation of a child,
    public indecency, sexual relations within families,
    soliciting for a juvenile prostitute, keeping a place of
    juvenile prostitution, patronizing a juvenile prostitute,
    juvenile pimping, exploitation of a child, obscenity,
    child pornography, or harmful material, as those offenses
    are defined in the Criminal Code of 1961.
        (2) "Family member" shall have the meaning ascribed to
    it in Section 12-12 of the Criminal Code of 1961.
        (3) "Sexual assault organization" means any
    not-for-profit organization providing comprehensive,
    community-based services to victims of sexual assault.
    "Community-based services" include, but are not limited
    to, direct crisis intervention through a 24-hour response,
    medical and legal advocacy, counseling, information and
    referral services, training, and community education.
    (b) Sexual assault fine; collection by clerk.
        (1) In addition to any other penalty imposed, a fine of
    $200 $100 shall be imposed upon any person who pleads
    guilty or who is convicted of, or who receives a
    disposition of court supervision for, a sexual assault or
    attempt of a sexual assault. Upon request of the victim or
    the victim's representative, the court shall determine
    whether the fine will impose an undue burden on the victim
    of the offense. For purposes of this paragraph, the
    defendant may not be considered the victim's
    representative. If the court finds that the fine would
    impose an undue burden on the victim, the court may reduce
    or waive the fine. The court shall order that the defendant
    may not use funds belonging solely to the victim of the
    offense for payment of the fine.
        (2) Sexual assault fines shall be assessed by the court
    imposing the sentence and shall be collected by the circuit
    clerk. The circuit clerk shall retain 10% of the penalty to
    cover the costs involved in administering and enforcing
    this Section. The circuit clerk shall remit the remainder
    of each fine within one month of its receipt to the State
    Treasurer for deposit as follows:
            (i) for family member offenders, one-half to the
        Sexual Assault Services Fund, and one-half to the
        Domestic Violence Shelter and Service Fund; and
            (ii) for other than family member offenders, the
        full amount to the Sexual Assault Services Fund.
    (c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under this Section shall be appropriated to the
Department of Public Health. Upon appropriation of moneys from
the Sexual Assault Services Fund, the Department of Public
Health shall make grants of these moneys from the Fund to
sexual assault organizations with whom the Department has
contracts for the purpose of providing community-based
services to victims of sexual assault. Grants made under this
Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)

Effective Date: 1/1/2005