093_HB2926eng

 
HB2926 Engrossed                     LRB093 07433 RLC 07597 b

 1        AN ACT in relation to criminal law.

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

 4        Section   5.   The Unified Code of Corrections is amended
 5    by changing Sections 5-9-1.5 and 5-9-1.7 as follows:

 6        (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
 7        Sec. 5-9-1.5.  Domestic violence fine.   In  addition  to
 8    any  other  penalty  imposed,  a  fine  of $200 $100 shall be
 9    imposed upon any person who pleads guilty or no contest to or
10    who  is  convicted   of   murder,   voluntary   manslaughter,
11    involuntary  manslaughter,  burglary,  residential  burglary,
12    criminal trespass to residence, criminal trespass to vehicle,
13    criminal  trespass  to  land,  criminal  damage  to property,
14    telephone  harassment,  kidnapping,  aggravated   kidnapping,
15    unlawful  restraint,  forcible  detention,  child  abduction,
16    indecent  solicitation  of  a child, sexual relations between
17    siblings,  exploitation  of  a  child,   child   pornography,
18    assault,  aggravated  assault,  battery,  aggravated battery,
19    heinous battery, aggravated  battery  of  a  child,  domestic
20    battery,  reckless  conduct,  intimidation,  criminal  sexual
21    assault,  predatory  criminal  sexual  assault  of  a  child,
22    aggravated  criminal  sexual  assault, criminal sexual abuse,
23    aggravated criminal sexual abuse, violation of  an  order  of
24    protection,  disorderly  conduct,  endangering  the  life  or
25    health   of  a  child,  child  abandonment,  contributing  to
26    dependency or neglect of child, or cruelty  to  children  and
27    others;  provided  that the offender and victim are family or
28    household members as defined in Section 103 of  the  Illinois
29    Domestic Violence Act of 1986.  Upon request of the victim or
30    the   victim's  representative,  the  court  shall  determine
31    whether the fine will impose an undue burden on the victim of
 
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 1    the offense. For purposes of this  paragraph,  the  defendant
 2    may  not  be  considered the victim's representative.  If the
 3    court finds that the fine would impose an undue burden on the
 4    victim, the court may reduce or waive the fine.    The  court
 5    shall  order  that  the defendant may not use funds belonging
 6    solely to the victim of the offense for payment of the  fine.
 7    The  circuit  clerk shall remit each fine within one month of
 8    its receipt to the State Treasurer for  deposit  as  follows:
 9    (i)  for  sexual assault, as defined in Section 5-9-1.7, when
10    the offender and victim are family members, one-half  to  the
11    Domestic  Violence  Shelter and Service Fund, and one-half to
12    the Sexual Assault Services  Fund;  (ii)  for  the  remaining
13    offenses to the Domestic Violence Shelter and Service Fund.
14    (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

15        (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
16        Sec. 5-9-1.7.  Sexual assault fines.
17        (a)  Definitions.  The  terms  used in this Section shall
18    have the following meanings ascribed to them:
19             (1)  "Sexual  assault"  means  the   commission   or
20        attempted  commission  of  the following: criminal sexual
21        assault, predatory criminal sexual assault  of  a  child,
22        aggravated   criminal  sexual  assault,  criminal  sexual
23        abuse,  aggravated  criminal   sexual   abuse,   indecent
24        solicitation   of   a  child,  public  indecency,  sexual
25        relations within  families,  soliciting  for  a  juvenile
26        prostitute,  keeping  a  place  of juvenile prostitution,
27        patronizing  a  juvenile  prostitute,  juvenile  pimping,
28        exploitation of a child, obscenity, child pornography, or
29        harmful material, as those offenses are  defined  in  the
30        Criminal Code of 1961.
31             (2)  "Family member" shall have the meaning ascribed
32        to it in Section 12-12 of the Criminal Code of 1961.
33             (3)  "Sexual   assault   organization"   means   any
 
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 1        not-for-profit   organization   providing  comprehensive,
 2        community-based services to victims  of  sexual  assault.
 3        "Community-based  services"  include, but are not limited
 4        to,  direct  crisis  intervention   through   a   24-hour
 5        response,   medical   and   legal  advocacy,  counseling,
 6        information  and   referral   services,   training,   and
 7        community education.
 8        (b)  Sexual assault fine; collection by clerk.
 9             (1)  In  addition  to  any  other penalty imposed, a
10        fine of $200 $100 shall be imposed upon  any  person  who
11        pleads  guilty  or who is convicted of, or who receives a
12        disposition of court supervision for, a sexual assault or
13        attempt of a sexual assault.  Upon request of the  victim
14        or the victim's representative, the court shall determine
15        whether  the  fine  will  impose  an  undue burden on the
16        victim of the offense.  For purposes of  this  paragraph,
17        the   defendant   may  not  be  considered  the  victim's
18        representative.  If the court finds that the  fine  would
19        impose  an  undue  burden  on  the  victim, the court may
20        reduce or waive the fine.  The court shall order that the
21        defendant may not  use  funds  belonging  solely  to  the
22        victim of the offense for payment of the fine.
23             (2)  Sexual  assault  fines shall be assessed by the
24        court imposing the sentence and shall be collected by the
25        circuit clerk.  The circuit clerk shall retain 10% of the
26        penalty to cover the costs involved in administering  and
27        enforcing  this  Section.   The circuit clerk shall remit
28        the remainder of  each  fine  within  one  month  of  its
29        receipt to the State Treasurer for deposit as follows:
30                  (i)  for  family  member offenders, one-half to
31             the Sexual Assault Services Fund,  and  one-half  to
32             the Domestic Violence Shelter and Service Fund; and
33                  (ii)  for  other  than family member offenders,
34             the full amount to the Sexual Assault Services Fund.
 
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 1        (c)  Sexual Assault Services Fund; administration.  There
 2    is created a Sexual Assault Services Fund.  Moneys  deposited
 3    into the Fund under this Section shall be appropriated to the
 4    Department  of  Public  Health.  Upon appropriation of moneys
 5    from the Sexual Assault  Services  Fund,  the  Department  of
 6    Public Health shall make grants of these moneys from the Fund
 7    to  sexual assault organizations with whom the Department has
 8    contracts  for  the  purpose  of  providing   community-based
 9    services to victims of sexual assault. Grants made under this
10    Section  are  in  addition  to,  and are not substitutes for,
11    other grants authorized and made by the Department.
12    (Source: P.A. 88-45;  89-428,  eff.  12-13-95;  89-462,  eff.
13    5-29-96.)