Rep. Litesa E. Wallace

Filed: 11/27/2018

 

 


 

 


 
10000SB3500ham001LRB100 20828 SLF 43552 a

1
AMENDMENT TO SENATE BILL 3500

2    AMENDMENT NO. ______. Amend Senate Bill 3500 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Sections 15-20 and 15-40 as follows:
 
6    (705 ILCS 135/15-20)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 15-20. SCHEDULE 4; felony sex offenses.
11    SCHEDULE 4: For a felony or attempted felony under Article
1211 or Section 12-33 of the Criminal Code of 2012, the Clerk of
13the Circuit Court shall collect $1,414 $1,314 and remit as
14follows:
15    (1) As the county's portion, $354 to the county treasurer,
16who shall deposit the money as follows:

 

 

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1        (A) $20 into the Court Automation Fund;
2        (B) $20 into the Court Document Storage Fund;
3        (C) $5 into the Circuit Court Clerk Operation and
4    Administrative Fund;
5        (D) $255 into the county's General Fund;
6        (E) $10 into the Child Advocacy Center Fund;
7        (F) $2 into the State's Attorney Records Automation
8    Fund;
9        (G) $2 into the Public Defender Records Automation
10    Fund;
11        (H) $20 into the County Jail Medical Costs Fund; and
12        (I) $20 into the Probation and Court Services Fund.
13    (2) As the State's portion, $1,060 $960 to the State
14Treasurer, who shall deposit the money as follows:
15        (A) $520 into the State Police Operations Assistance
16    Fund;
17        (B) $100 into the Violent Crime Victims Assistance
18    Fund;
19        (C) $200 into the Sexual Assault Services Fund;
20        (D) $100 into the Domestic Violence Shelter and
21    Services Fund;
22        (E) $5 into the State Police Merit Board Public Safety
23    Fund; and
24        (F) $35 into the Traffic and Criminal Conviction
25    Surcharge Fund; and .
26        (G) $100 into the State Crime Laboratory Fund, to pay

 

 

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1    for the costs of processing and analyzing the Illinois
2    State Police Sexual Assault Evidence Collection Kits under
3    Section 15 of the Sexual Assault Evidence Submission Act to
4    assist in reduction of the number of un-analyzed and
5    unprocessed Kits.
6(Source: P.A. 100-987, eff. 7-1-19.)
 
7    (705 ILCS 135/15-40)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on January 1, 2021)
11    Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.
12    SCHEDULE 8: For a misdemeanor or attempted misdemeanor
13under Article 11 of the Criminal Code of 2012, the Clerk of the
14Circuit Court shall collect $1,284 $1,184 and remit as follows:
15    (1) As the county's portion, $282 to the county treasurer,
16who shall deposit the money as follows:
17        (A) $20 into the Court Automation Fund;
18        (B) $20 into the Court Document Storage Fund;
19        (C) $5 into the Circuit Court Clerk Operation and
20    Administrative Fund;
21        (D) $8 into the Circuit Court Clerk Electronic Citation
22    Fund;
23        (E) $185 into the county's General Fund;
24        (F) $10 into the Child Advocacy Center Fund;
25        (G) $2 into the State's Attorney Records Automation

 

 

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1    Fund;
2        (H) $2 into the Public Defenders Records Automation
3    Fund;
4        (I) $10 into the County Jail Medical Costs Fund; and
5        (J) $20 into the Probation and Court Services Fund.
6    (2) As the State's portion, $1,000 $900 to the State
7Treasurer, who shall deposit the money as follows:
8        (A) $500 into the State Police Operations Assistance
9    Fund;
10        (B) $75 into the Violent Crime Victims Assistance Fund;
11        (C) $200 into the Sexual Assault Services Fund;
12        (D) $100 into the Domestic Violence Shelter and Service
13    Fund;
14        (E) $5 into the State Police Merit Board Public Safety
15    Fund; and
16        (F) $20 into the Traffic and Criminal Conviction
17    Surcharge Fund; and .
18        (G) $100 into the State Crime Laboratory Fund, to pay
19    for the costs of processing and analyzing the Illinois
20    State Police Sexual Assault Evidence Collection Kits under
21    Section 15 of the Sexual Assault Evidence Submission Act to
22    assist in reduction of the number of un-analyzed and
23    unprocessed Kits.
24    (3) As the arresting agency's portion, $2, to the treasurer
25of the unit of local government of the arresting agency, who
26shall deposit the money into the E-citation Fund of that unit

 

 

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1of local government or as provided in subsection (c) of Section
210-5 of this Act if the arresting agency is a State agency,
3unless more than one agency is responsible for the arrest in
4which case the amount shall be remitted to each unit of
5government equally.
6(Source: P.A. 100-987, eff. 7-1-19.)
 
7    Section 10. The Criminal Code of 2012 is amended by
8changing Section 33-5 as follows:
 
9    (720 ILCS 5/33-5)
10    Sec. 33-5. Preservation of evidence.
11    (a) It is unlawful for a law enforcement agency or an agent
12acting on behalf of the law enforcement agency to intentionally
13fail to comply with the provisions of subsections subsection
14(a) or (a-5) of Section 116-4 of the Code of Criminal Procedure
15of 1963.
16    (b) Sentence. A person who violates this Section is guilty
17of a Class 4 felony.
18    (c) For purposes of this Section, "law enforcement agency"
19has the meaning ascribed to it in subsection (e) of Section
20116-4 of the Code of Criminal Procedure of 1963.
21(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
 
22    Section 15. The Code of Criminal Procedure of 1963 is
23amended by changing Section 116-4 as follows:
 

 

 

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1    (725 ILCS 5/116-4)
2    Sec. 116-4. Preservation of evidence for forensic testing.
3    (a) Before or after the trial in a prosecution for a
4violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
511-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
6Code of 1961 or the Criminal Code of 2012 or in a prosecution
7for an offense defined in Article 9 of that Code, or in a
8prosecution for an attempt in violation of Section 8-4 of that
9Code of any of the above-enumerated offenses, unless otherwise
10provided herein under subsection (b) or (c) this Section, a law
11enforcement agency or an agent acting on behalf of the law
12enforcement agency shall preserve, subject to a continuous
13chain of custody, any physical evidence in their possession or
14control that is reasonably likely to contain forensic evidence,
15including, but not limited to, fingerprints or biological
16material secured in relation to a trial and with sufficient
17documentation to locate that evidence.
18    (a-5) Notwithstanding any provision of this Code to the
19contrary, forensic testing that would result in the complete
20consumption of an evidentiary sample shall be permitted if the
21forensic testing utilizes methods sufficiently established in
22the particular field that have gained general acceptance and
23the forensic testing was not conducted in bad faith.
24    (b) After a judgment of conviction is entered, the evidence
25shall either be impounded with the Clerk of the Circuit Court

 

 

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1or shall be securely retained by a law enforcement agency.
2Retention shall be permanent in cases where a sentence of death
3is imposed. Retention shall be until the completion of the
4sentence, including the period of mandatory supervised release
5for the offense, or January 1, 2006, whichever is later, for
6any conviction for an offense or an attempt of an offense
7defined in Article 9 of the Criminal Code of 1961 or the
8Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40,
911-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
10Criminal Code of 1961 or the Criminal Code of 2012 or for 7
11years following any conviction for any other felony for which
12the defendant's genetic profile may be taken by a law
13enforcement agency and submitted for comparison in a forensic
14DNA database for unsolved offenses.
15    (c) After a judgment of conviction is entered, the law
16enforcement agency required to retain evidence described in
17subsection (a) may petition the court with notice to the
18defendant or, in cases where the defendant has died, his or her
19estate, his or her attorney of record, or an attorney appointed
20for that purpose by the court for entry of an order allowing it
21to dispose of evidence if, after a hearing, the court
22determines by a preponderance of the evidence that:
23        (1) it has no significant value for forensic science
24    analysis and should be returned to its rightful owner,
25    destroyed, used for training purposes, or as otherwise
26    provided by law; or

 

 

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1        (2) it has no significant value for forensic science
2    analysis and is of a size, bulk, or physical character not
3    usually retained by the law enforcement agency and cannot
4    practicably be retained by the law enforcement agency; or
5        (3) there no longer exists a reasonable basis to
6    require the preservation of the evidence because of the
7    death of the defendant; however, this paragraph (3) does
8    not apply if a sentence of death was imposed.
9    (d) The court may order the disposition of the evidence if
10the defendant is allowed the opportunity to take reasonable
11measures to remove or preserve portions of the evidence in
12question for future testing.
13    (d-5) Any order allowing the disposition of evidence
14pursuant to subsection (c) or (d) shall be a final and
15appealable order. No evidence shall be disposed of until 30
16days after the order is entered, and if a notice of appeal is
17filed, no evidence shall be disposed of until the mandate has
18been received by the circuit court from the appellate court.
19    (d-10) All records documenting the possession, control,
20storage, and destruction of evidence and all police reports,
21evidence control or inventory records, and other reports cited
22in this Section, including computer records, must be retained
23for as long as the evidence exists and may not be disposed of
24without the approval of the Local Records Commission.
25    (e) In this Section, "law enforcement agency" includes any
26of the following or an agent acting on behalf of any of the

 

 

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1following: a municipal police department, county sheriff's
2office, any prosecuting authority, the Department of State
3Police, or any other State, university, county, federal, or
4municipal police unit or police force.
5    "Biological material" includes, but is not limited to, any
6blood, hair, saliva, or semen from which genetic marker
7groupings may be obtained.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
9    Section 20. The Unified Code of Corrections is amended by
10changing Section 5-9-1.7 as follows:
 
11    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
12    (Text of Section before amendment by P.A. 100-987)
13    Sec. 5-9-1.7. Sexual assault fines; sex offense
14assessments.
15    (a) Definitions. In The terms used in this Section shall
16have the following meanings ascribed to them:
17        (1) "Sexual assault" means the commission or attempted
18    commission of the following: sexual exploitation of a
19    child, criminal sexual assault, predatory criminal sexual
20    assault of a child, aggravated criminal sexual assault,
21    criminal sexual abuse, aggravated criminal sexual abuse,
22    indecent solicitation of a child, public indecency, sexual
23    relations within families, promoting juvenile
24    prostitution, soliciting for a juvenile prostitute,

 

 

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1    keeping a place of juvenile prostitution, patronizing a
2    juvenile prostitute, juvenile pimping, exploitation of a
3    child, obscenity, child pornography, aggravated child
4    pornography, harmful material, or ritualized abuse of a
5    child, as those offenses are defined in the Criminal Code
6    of 1961 or the Criminal Code of 2012.
7        (2) "Family member" shall have the meaning ascribed to
8    it in Section 11-0.1 of the Criminal Code of 2012.
9        (3) "Sexual assault organization" means any
10    not-for-profit organization providing comprehensive,
11    community-based services to victims of sexual assault.
12    "Community-based services" include, but are not limited
13    to, direct crisis intervention through a 24-hour response,
14    medical and legal advocacy, counseling, information and
15    referral services, training, and community education.
16        (4) "Sex offense" means the commission or attempted
17    commission of an offense defined in Article 11 of the
18    Criminal Code of 1961 or the Criminal Code of 2012, except
19    prostitution, duty of commercial film and photographic
20    print processors or computer technicians to report sexual
21    depiction of children, tie-in sales of obscene
22    publications to distributors, public indecency, adultery,
23    fornication, bigamy, or marrying a bigamist.
24    (b) Sexual assault fine and sex offense assessment;
25collection by clerk.
26        (1) In addition to any other penalty imposed, a sexual

 

 

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1    assault fine of $200 shall be imposed upon any person who
2    pleads guilty or who is convicted of, or who receives a
3    disposition of court supervision for, a sexual assault or
4    attempt of a sexual assault, and a sex offense assessment
5    of $100 shall be imposed upon any person who pleads guilty
6    or who is convicted of, or who receives a disposition of
7    court supervision for, a sex offense or attempt of a sex
8    offense. Upon request of the victim or the victim's
9    representative, the court shall determine whether the
10    fine, assessment, or both, will impose an undue burden on
11    the victim of the offense. For purposes of this paragraph,
12    the defendant may not be considered the victim's
13    representative. If the court finds that the fine,
14    assessment, or both, would impose an undue burden on the
15    victim, the court may reduce or waive the fine, assessment,
16    or both. The court shall order that the defendant may not
17    use funds belonging solely to the victim of the offense for
18    payment of the fine or assessment.
19        (2) Sexual assault fines and sex offense assessments
20    shall be assessed by the court imposing the sentence and
21    shall be collected by the circuit clerk. The circuit clerk
22    shall retain 10% of the sexual assault fine penalty to
23    cover the costs involved in administering and enforcing
24    this Section. The circuit court clerk shall remit the sex
25    offense assessment within one month after receipt to the
26    State Treasurer for deposit in the State Crime Laboratory

 

 

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1    Fund to pay for the costs of processing and analyzing the
2    Illinois State Police Sexual Assault Evidence Collection
3    Kits under Section 15 of the Sexual Assault Evidence
4    Submission Act to assist in reduction of the number of
5    un-analyzed and unprocessed Kits. The circuit clerk shall
6    remit the remainder of each sexual assault fine within one
7    month of its receipt to the State Treasurer for deposit as
8    follows:
9            (i) for family member offenders, one-half to the
10        Sexual Assault Services Fund, and one-half to the
11        Domestic Violence Shelter and Service Fund; and
12            (ii) for other than family member offenders, the
13        full amount to the Sexual Assault Services Fund.
14    (c) Sexual Assault Services Fund; administration. There is
15created a Sexual Assault Services Fund. Moneys deposited into
16the Fund under this Section shall be appropriated to the
17Department of Public Health. Upon appropriation of moneys from
18the Sexual Assault Services Fund, the Department of Public
19Health shall make grants of these moneys from the Fund to
20sexual assault organizations with whom the Department has
21contracts for the purpose of providing community-based
22services to victims of sexual assault. Grants made under this
23Section are in addition to, and are not substitutes for, other
24grants authorized and made by the Department.
25(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
2697-1150, eff. 1-25-13.)
 

 

 

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1    (Text of Section after amendment by P.A. 100-987)
2    Sec. 5-9-1.7. Sexual assault fines; sex offense
3assessments.
4    (a) Definitions. In The terms used in this Section shall
5have the following meanings ascribed to them:
6        (1) "Sexual assault" means the commission or attempted
7    commission of the following: sexual exploitation of a
8    child, criminal sexual assault, predatory criminal sexual
9    assault of a child, aggravated criminal sexual assault,
10    criminal sexual abuse, aggravated criminal sexual abuse,
11    indecent solicitation of a child, public indecency, sexual
12    relations within families, promoting juvenile
13    prostitution, soliciting for a juvenile prostitute,
14    keeping a place of juvenile prostitution, patronizing a
15    juvenile prostitute, juvenile pimping, exploitation of a
16    child, obscenity, child pornography, aggravated child
17    pornography, harmful material, or ritualized abuse of a
18    child, as those offenses are defined in the Criminal Code
19    of 1961 or the Criminal Code of 2012.
20        (2) (Blank).
21        (3) "Sexual assault organization" means any
22    not-for-profit organization providing comprehensive,
23    community-based services to victims of sexual assault.
24    "Community-based services" include, but are not limited
25    to, direct crisis intervention through a 24-hour response,

 

 

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1    medical and legal advocacy, counseling, information and
2    referral services, training, and community education.
3        (4) "Sex offense" means the commission or attempted
4    commission of an offense defined in Article 11 of the
5    Criminal Code of 1961 or the Criminal Code of 2012, except
6    prostitution, duty of commercial film and photographic
7    print processors or computer technicians to report sexual
8    depiction of children, tie-in sales of obscene
9    publications to distributors, public indecency, adultery,
10    fornication, bigamy, or marrying a bigamist.
11    (b) (Blank).
12    (c) Sexual Assault Services Fund; administration. There is
13created a Sexual Assault Services Fund. Moneys deposited into
14the Fund under Section 15-20 and 15-40 of the Criminal and
15Traffic Assessment Act shall be appropriated to the Department
16of Public Health. Upon appropriation of moneys from the Sexual
17Assault Services Fund, the Department of Public Health shall
18make grants of these moneys from the Fund to sexual assault
19organizations with whom the Department has contracts for the
20purpose of providing community-based services to victims of
21sexual assault. Grants made under this Section are in addition
22to, and are not substitutes for, other grants authorized and
23made by the Department.
24(Source: P.A. 100-987, eff. 7-1-19.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.".