State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB0424

 
                                               LRB9101902WHdv

 1        AN  ACT  to  amend  and  re-enact  the Gang Crime Witness
 2    Protection Act.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Gang  Crime  Witness Protection Act is
 6    amended by adding Section 5-35 as follows:

 7        (725 ILCS 172/5-35 new)
 8        Sec. 5-35. Continuation of Act; validation.
 9        (a)  The General Assembly finds and declares that:
10             (1)  When the Gang Crime Witness Protection Act  was
11        originally  enacted  by Public Act 89-498, effective June
12        27, 1996, it included a Section 5-30, which repealed  the
13        Act on June 30, 1998.
14             (2)  Senate  Bill  1846 of the 90th General Assembly
15        included a provision that amended the Gang Crime  Witness
16        Protection Act by changing Section 5-30 to make the Act's
17        repeal  date June 30, 1999.  Senate Bill 1846 passed both
18        houses on May 21, 1998. Senate Bill 1846 provided that it
19        took effect upon becoming law.  Senate Bill 1846 was sent
20        to the Governor on June 19, 1998. Senate  Bill  1846  was
21        not  approved  by  the  Governor  until  August 14, 1998.
22        Senate Bill 1846 became Public Act 90-795.
23             (3)  The Statute  on  Statutes  sets  forth  general
24        rules  on  the  repeal of statutes, but Section 1 of that
25        Act also states that these rules  will  not  be  observed
26        when  the result would be "inconsistent with the manifest
27        intent of  the  General  Assembly  or  repugnant  to  the
28        context of the statute".
29             (4)  The  actions  of  the  General Assembly clearly
30        manifest the intention of the General Assembly to  change
31        the  Gang  Crime  Witness Protection Act's repeal date to
 
                            -2-                LRB9101902WHdv
 1        June 30, 1999.
 2             (5)  Any construction of Section 5-30  of  the  Gang
 3        Crime  Witness  Protection Act that results in the repeal
 4        of the Act on June 30, 1998 would  be  inconsistent  with
 5        the manifest intent of the General Assembly.
 6        (b)  It is hereby declared to have been the intent of the
 7    General Assembly, in enacting Public Act 90-795, that Section
 8    5-30  of  the Gang Crime Witness Protection Act be changed to
 9    make June 30, 1999 the repeal date of the Gang Crime  Witness
10    Protection  Act,  and  that the Gang Crime Witness Protection
11    Act therefore not be subject to repeal on June 30, 1998.
12        (c)  The Gang  Crime  Witness  Protection  Act  shall  be
13    deemed  to  have been in continuous effect since its original
14    effective date, and it shall continue to be in  effect  until
15    it is otherwise repealed.
16        (d)  All  actions taken in reliance on or pursuant to the
17    Gang Crime Witness Protection Act by any officer or agency of
18    State government or any other person or entity are validated.
19        (e)  To ensure the continuing effectiveness of  the  Gang
20    Crime  Witness  Protection  Act,  it is set forth in full and
21    re-enacted by this  amendatory  Act.   This  re-enactment  is
22    intended as a continuation of the Act.  It is not intended to
23    supersede  any  amendment  to  the Act that is enacted by the
24    General Assembly.
25        (f)  This Act applies to all claims, civil  actions,  and
26    proceedings  pending  on  or  filed  on, before, or after the
27    effective date of this amendatory Act.
28        (g)  The General Assembly also intends in this amendatory
29    Act to change the repeal  date  of  the  Gang  Crime  Witness
30    Protection Act to July 1, 2000.

31        Section  10.  The  Gang  Crime  Witness Protection Act is
32    re-enacted and amended by changing Section 5-30 as follows:
 
                            -3-                LRB9101902WHdv
 1        (725 ILCS 172/Art. 5 heading)
 2                             ARTICLE 5.
 3        (Public Act  89-498  provided  for  this  Article  to  be
 4    repealed on 6-30-98.  Public Act 90-795, which became law and
 5    took effect after that date, replaced 6-30-98 with 6-30-99.)

 6        (725 ILCS 172/5-1)
 7        (Public  Act  89-498  provided  for  this  Article  to be
 8    repealed on 6-30-98.  Public Act 90-795, which became law and
 9    took effect after that date, replaced 6-30-98 with 6-30-99.)
10        Sec. 5-1.  Short title.  This Article may be cited as the
11    Gang Crime Witness Protection Act,  and  references  in  this
12    Article to "this Act" mean this Article.
13    (Source: P.A. 89-498, eff. 6-27-96.)

14        (725 ILCS 172/5-5)
15        (Public  Act  89-498  provided  for  this  Article  to be
16    repealed on 6-30-98.  Public Act 90-795, which became law and
17    took effect after that date, replaced 6-30-98 with 6-30-99.)
18        Sec. 5-5.  Definition.  As used in this Act, "gang crime"
19    means any criminal offense committed by a member of a  "gang"
20    as  that  term  is  defined  in  Section  10  of the Illinois
21    Streetgang Terrorism Omnibus Prevention Act when the  offense
22    is  in  furtherance  of any activity, enterprise, pursuit, or
23    undertaking of a gang.
24    (Source: P.A. 89-498, eff. 6-27-96.)

25        (725 ILCS 172/5-10)
26        (Public Act  89-498  provided  for  this  Article  to  be
27    repealed on 6-30-98.  Public Act 90-795, which became law and
28    took effect after that date, replaced 6-30-98 with 6-30-99.)
29        Sec.  5-10.  Pilot  program.   The  Department  of  State
30    Police  shall  establish  and  administer  a pilot program to
31    assist victims and witnesses who are actively aiding  in  the
 
                            -4-                LRB9101902WHdv
 1    prosecution  of  perpetrators  of gang crime, and appropriate
 2    related persons.  Financial assistance may be provided,  upon
 3    application  by  a  State's  Attorney or the Attorney General
 4    investigating or prosecuting a gang crime occurring under the
 5    State's   Attorney's   or   Attorney   General's   respective
 6    jurisdiction, from funds deposited in the Gang Crime  Witness
 7    Protection  Fund  and  appropriated  from  that  Fund for the
 8    purposes of this Act.
 9    (Source: P.A. 89-498, eff. 6-27-96.)

10        (725 ILCS 172/5-15)
11        (Public Act  89-498  provided  for  this  Article  to  be
12    repealed on 6-30-98.  Public Act 90-795, which became law and
13    took effect after that date, replaced 6-30-98 with 6-30-99.)
14        Sec.  5-15.  Funding.  The Department of State Police, in
15    consultation with  the  Attorney  General,  shall  promulgate
16    rules  for  the  implementation  of  the  Gang  Crime Witness
17    Protection Program.   Assistance  shall  be  subject  to  the
18    following limitations:
19             (a)  Funds  shall  be  limited  to  payment  of  the
20        following:
21                  (1)  temporary living costs;
22                  (2)  moving expenses;
23                  (3)  rent;
24                  (4)  security deposits; and
25                  (5)  other  appropriate  expenses of relocation
26             or transition;
27             (b)  Approval  of  applications  made   by   State's
28        Attorneys  shall  be  conditioned upon county funding for
29        costs at a level of at least 25%, unless this requirement
30        is  waived  by  the  administrator,  in  accordance  with
31        promulgated rules, for good cause shown;
32             (c)  Counties providing assistance  consistent  with
33        the  limitations  in this Act may apply for reimbursement
 
                            -5-                LRB9101902WHdv
 1        of up to 75% of their costs; and
 2             (d)  No more than 50% of funding  available  in  any
 3        given  fiscal  year may be used for costs associated with
 4        any single county.
 5    (Source: P.A. 89-498, eff. 6-27-96.)

 6        (725 ILCS 172/5-20)
 7        (Public Act  89-498  provided  for  this  Article  to  be
 8    repealed on 6-30-98.  Public Act 90-795, which became law and
 9    took effect after that date, replaced 6-30-98 with 6-30-99.)
10        Sec. 5-20.  Gang Crime Witness Protection Fund.  There is
11    created   in  the  State  Treasury  the  Gang  Crime  Witness
12    Protection Fund into which shall  be  deposited  appropriated
13    funds,   grants,   or  other  funds  made  available  to  the
14    Department of State Police to assist  State's  Attorneys  and
15    the  Attorney General in protecting victims and witnesses who
16    are aiding in the prosecution of perpetrators of gang  crime,
17    and appropriate related persons.
18    (Source: P.A. 89-498, eff. 6-27-96.)

19        (725 ILCS 172/5-25)
20        (Public  Act  89-498  provided  for  this  Article  to be
21    repealed on 6-30-98.  Public Act 90-795, which became law and
22    took effect after that date, replaced 6-30-98 with 6-30-99.)
23        Sec.  5-25.  Period  of  operation.   The  pilot  program
24    created by this Act shall begin operation on July 1, 1996 and
25    shall continue through June 30, 1998.  The Illinois  Criminal
26    Justice  Information  Authority  shall  undertake  a complete
27    evaluation of the first 12 months of the program's operation,
28    and shall report to the General Assembly on the effectiveness
29    and necessity of the program no later than December 31, 1997.
30    (Source: P.A. 89-498, eff. 6-27-96.)

31        (725 ILCS 172/5-30)
 
                            -6-                LRB9101902WHdv
 1        (Public Act  89-498  provided  for  this  Article  to  be
 2    repealed on 6-30-98.  Public Act 90-795, which became law and
 3    took effect after that date, replaced 6-30-98 with 6-30-99.)
 4        Sec. 5-30.  Repeal.  This Act is repealed on July 1, 2000
 5     June 30, 1999.
 6    (Source: P.A. 89-498, eff. 6-27-96; 90-795, eff. 8-14-98.)

 7        (725 ILCS 172/Art. 99 heading)
 8                             ARTICLE 99.

 9        (725 ILCS 172/99-5)
10        Sec.  99-5.  Effective  date.  This Act takes effect upon
11    becoming law.
12    (Source: P.A. 89-498, eff. 6-27-96.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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