State of Illinois
91st General Assembly
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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    originally enacted by Public Act 89-498,  effective  June
    27,  1996, it included a Section 5-30, which repealed the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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