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Public Act 91-0042
HB0424 Enrolled LRB9101902WHdv
AN ACT to amend and re-enact the Gang Crime Witness
Protection Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Gang Crime Witness Protection Act is
amended by adding Section 5-35 as follows:
(725 ILCS 172/5-35 new)
Sec. 5-35. Continuation of Act; validation.
(a) The General Assembly finds and declares that:
(1) When the Gang Crime Witness Protection Act was
originally enacted by Public Act 89-498, effective June
27, 1996, it included a Section 5-30, which repealed the
Act on June 30, 1998.
(2) Senate Bill 1846 of the 90th General Assembly
included a provision that amended the Gang Crime Witness
Protection Act by changing Section 5-30 to make the Act's
repeal date June 30, 1999. Senate Bill 1846 passed both
houses on May 21, 1998. Senate Bill 1846 provided that it
took effect upon becoming law. Senate Bill 1846 was sent
to the Governor on June 19, 1998. Senate Bill 1846 was
not approved by the Governor until August 14, 1998.
Senate Bill 1846 became Public Act 90-795.
(3) The Statute on Statutes sets forth general
rules on the repeal of statutes, but Section 1 of that
Act also states that these rules will not be observed
when the result would be "inconsistent with the manifest
intent of the General Assembly or repugnant to the
context of the statute".
(4) The actions of the General Assembly clearly
manifest the intention of the General Assembly to change
the Gang Crime Witness Protection Act's repeal date to
June 30, 1999.
(5) Any construction of Section 5-30 of the Gang
Crime Witness Protection Act that results in the repeal
of the Act on June 30, 1998 would be inconsistent with
the manifest intent of the General Assembly.
(b) It is hereby declared to have been the intent of the
General Assembly, in enacting Public Act 90-795, that Section
5-30 of the Gang Crime Witness Protection Act be changed to
make June 30, 1999 the repeal date of the Gang Crime Witness
Protection Act, and that the Gang Crime Witness Protection
Act therefore not be subject to repeal on June 30, 1998.
(c) The Gang Crime Witness Protection Act shall be
deemed to have been in continuous effect since its original
effective date, and it shall continue to be in effect until
it is otherwise repealed.
(d) All actions taken in reliance on or pursuant to the
Gang Crime Witness Protection Act by any officer or agency of
State government or any other person or entity are validated.
(e) To ensure the continuing effectiveness of the Gang
Crime Witness Protection Act, it is set forth in full and
re-enacted by this amendatory Act. This re-enactment is
intended as a continuation of the Act. It is not intended to
supersede any amendment to the Act that is enacted by the
General Assembly.
(f) This Act applies to all claims, civil actions, and
proceedings pending on or filed on, before, or after the
effective date of this amendatory Act.
(g) The General Assembly also intends in this amendatory
Act to change the repeal date of the Gang Crime Witness
Protection Act to July 1, 2004.
Section 10. The Gang Crime Witness Protection Act is
re-enacted and amended by changing Section 5-30 as follows:
(725 ILCS 172/Art. 5 heading)
ARTICLE 5.
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
(725 ILCS 172/5-1)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-1. Short title. This Article may be cited as the
Gang Crime Witness Protection Act, and references in this
Article to "this Act" mean this Article.
(Source: P.A. 89-498, eff. 6-27-96.)
(725 ILCS 172/5-5)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-5. Definition. As used in this Act, "gang crime"
means any criminal offense committed by a member of a "gang"
as that term is defined in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act when the offense
is in furtherance of any activity, enterprise, pursuit, or
undertaking of a gang.
(Source: P.A. 89-498, eff. 6-27-96.)
(725 ILCS 172/5-10)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-10. Pilot program. The Department of State
Police shall establish and administer a pilot program to
assist victims and witnesses who are actively aiding in the
prosecution of perpetrators of gang crime, and appropriate
related persons. Financial assistance may be provided, upon
application by a State's Attorney or the Attorney General, or
a chief executive of a police agency with the approval from
the State's Attorney or Attorney General, investigating or
prosecuting a gang crime occurring under the State's
Attorney's or Attorney General's respective jurisdiction,
from funds deposited in the Gang Crime Witness Protection
Fund and appropriated from that Fund for the purposes of this
Act.
(Source: P.A. 89-498, eff. 6-27-96.)
(725 ILCS 172/5-15)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-15. Funding. The Department of State Police, in
consultation with the Attorney General, shall promulgate
rules for the implementation of the Gang Crime Witness
Protection Program. Assistance shall be subject to the
following limitations:
(a) Funds shall be limited to payment of the
following:
(1) temporary living costs;
(2) moving expenses;
(3) rent;
(4) security deposits; and
(5) other appropriate expenses of relocation
or transition;
(b) Approval of applications made by State's
Attorneys shall be conditioned upon county funding for
costs at a level of at least 25%, unless this requirement
is waived by the administrator, in accordance with
promulgated rules, for good cause shown;
(c) Counties providing assistance consistent with
the limitations in this Act may apply for reimbursement
of up to 75% of their costs; and
(d) No more than 50% of funding available in any
given fiscal year may be used for costs associated with
any single county.
(Source: P.A. 89-498, eff. 6-27-96.)
(725 ILCS 172/5-20)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-20. Gang Crime Witness Protection Fund. There is
created in the State Treasury the Gang Crime Witness
Protection Fund into which shall be deposited appropriated
funds, grants, or other funds made available to the
Department of State Police to assist State's Attorneys and
the Attorney General in protecting victims and witnesses who
are aiding in the prosecution of perpetrators of gang crime,
and appropriate related persons.
(Source: P.A. 89-498, eff. 6-27-96.)
(725 ILCS 172/5-25)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-25. Period of operation. The pilot program
created by this Act shall begin operation on July 1, 1996 and
shall continue through June 30, 1998. The Illinois Criminal
Justice Information Authority shall undertake a complete
evaluation of the first 12 months of the program's operation,
and shall report to the General Assembly on the effectiveness
and necessity of the program no later than December 31, 1997.
(Source: P.A. 89-498, eff. 6-27-96.)
(725 ILCS 172/5-30)
(Public Act 89-498 provided for this Article to be
repealed on 6-30-98. Public Act 90-795, which became law and
took effect after that date, replaced 6-30-98 with 6-30-99.)
Sec. 5-30. Repeal. This Act is repealed on July 1, 2004
June 30, 1999.
(Source: P.A. 89-498, eff. 6-27-96; 90-795, eff. 8-14-98.)
(725 ILCS 172/Art. 99 heading)
ARTICLE 99.
(725 ILCS 172/99-5)
Sec. 99-5. Effective date. This Act takes effect upon
becoming law.
(Source: P.A. 89-498, eff. 6-27-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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