Full Text of HB4736 102nd General Assembly
HB4736sam001 102ND GENERAL ASSEMBLY | Sen. Robert Peters Filed: 3/31/2022
| | 10200HB4736sam001 | | LRB102 24374 RLC 38408 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4736
| 2 | | AMENDMENT NO. ______. Amend House Bill 4736 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. | 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Crime Reduction Task Force Act. References in this Article to | 7 | | "this Act" mean this Article. | 8 | | Section 1-5. Crime Reduction Task Force; creation; | 9 | | purpose. The Crime Reduction Task Force is created. The | 10 | | purpose of the Task Force is to develop and propose policies | 11 | | and procedures to reduce crime in the State of Illinois. | 12 | | Section 1-10. Task Force members.
| 13 | | (a) The Crime Reduction Task Force shall be composed of | 14 | | the following members: |
| | | 10200HB4736sam001 | - 2 - | LRB102 24374 RLC 38408 a |
|
| 1 | | (1) two State Senators, appointed by the President of | 2 | | the Senate; | 3 | | (2) two State Representatives, appointed by the | 4 | | Speaker of the House of Representatives;
| 5 | | (3) one State Senator, appointed by the Minority | 6 | | Leader of the Senate; | 7 | | (4) one State Representative, appointed by the | 8 | | Minority Leader of the House of Representatives; | 9 | | (5) the Director of the Illinois State Police, or his | 10 | | or her designee; | 11 | | (6) the Attorney General, or his or her designee; | 12 | | (7) a retired judge, appointed by the Governor; | 13 | | (8) a representative of a statewide association | 14 | | representing State's Attorneys, appointed by the Governor; | 15 | | (9) a representative of a statewide association | 16 | | representing public defenders, appointed by the Governor; | 17 | | (10) the executive director of a statewide association | 18 | | representing county sheriffs or his or her designee, | 19 | | appointed by the Governor; | 20 | | (11) the executive director of a statewide association | 21 | | representing chiefs of police, appointed by the Governor; | 22 | | (12) a representative of a statewide organization | 23 | | protecting civil liberties, appointed by the Governor; | 24 | | (13) one justice-involved member of the public, | 25 | | appointed by the Governor; and | 26 | | (14) four justice-involved members of the public, |
| | | 10200HB4736sam001 | - 3 - | LRB102 24374 RLC 38408 a |
|
| 1 | | appointed one each by the President of the Senate, Speaker | 2 | | of the House of Representatives, Minority Leader of the | 3 | | Senate, and Minority Leader of the House of | 4 | | Representatives. | 5 | | As used in this Act, "justice-involved" means having had | 6 | | interactions with the criminal justice system as a defendant, | 7 | | victim, or witness or immediate family member of a defendant, | 8 | | victim, or witness. | 9 | | (b) The President of the Senate and the Speaker of the | 10 | | House shall appoint co-chairpersons for the Task Force. The | 11 | | Task Force shall have all appointments made within 30 days of | 12 | | the effective date of this Act. | 13 | | (c) The Illinois Criminal Justice Information Authority | 14 | | shall provide administrative and technical support to the Task | 15 | | Force and be responsible for administering its operations and | 16 | | ensuring that the requirements of the Task Force are met. The | 17 | | members of the Task Force shall serve without compensation. | 18 | | Section 1-15. Meetings; report. | 19 | | (a) The Task Force shall meet at least 4 times with the | 20 | | first meeting occurring within 60 days after the effective | 21 | | date of this Act. | 22 | | (b) The Task Force shall review available research and | 23 | | best practices and take expert and witness testimony. | 24 | | (c) The Task Force shall produce and submit a report | 25 | | detailing the Task Force's findings, recommendations, and |
| | | 10200HB4736sam001 | - 4 - | LRB102 24374 RLC 38408 a |
|
| 1 | | needed resources to the General Assembly and the Governor on | 2 | | or before March 1, 2023.
| 3 | | Section 1-20. Repeal. This Act is repealed on March 1, | 4 | | 2024. | 5 | | Article 2. | 6 | | Section 2-90. The Illinois Criminal Justice Information | 7 | | Act is amended by adding Section 7.10 as follows: | 8 | | (20 ILCS 3930/7.10 new) | 9 | | Sec. 7.10. Grant program. Subject to appropriation, the | 10 | | Illinois Criminal Justice Information Authority shall | 11 | | establish a grant program for organizations and units of local | 12 | | government for the purposes of providing a tip hotline or | 13 | | other system for crime victims and witnesses that: | 14 | | (1) allows the callers or participants to remain | 15 | | anonymous; and | 16 | | (2) provides cash rewards for tips that lead to | 17 | | arrest. | 18 | | Section 2-95. The Gang Crime
Witness
Protection Act of | 19 | | 2013 is amended by changing Sections 1, 5, 10, 15, 20, and 25 | 20 | | as follows: |
| | | 10200HB4736sam001 | - 5 - | LRB102 24374 RLC 38408 a |
|
| 1 | | (725 ILCS 173/1)
| 2 | | Sec. 1. Short title. This Act may be cited as the Violent | 3 | | Gang Crime
Witness
Protection Act of 2013 .
| 4 | | (Source: P.A. 98-58, eff. 7-8-13.) | 5 | | (725 ILCS 173/5)
| 6 | | Sec. 5. Definition. As used in this Act, "violent crime" | 7 | | means a violent crime as that term is defined in Section 3 of | 8 | | the Rights of Crime Victims and Witnesses Act "gang crime" | 9 | | means any
criminal offense committed by a member of a "gang" as | 10 | | that term is defined in
Section 10 of the Illinois Streetgang | 11 | | Terrorism Omnibus Prevention Act when
the offense is in | 12 | | furtherance of any activity, enterprise, pursuit, or
| 13 | | undertaking of a gang .
| 14 | | (Source: P.A. 98-58, eff. 7-8-13.) | 15 | | (725 ILCS 173/10)
| 16 | | Sec. 10. Financial Assistance Program. No later than | 17 | | January 1, 2023 Subject to appropriation , the Illinois | 18 | | Criminal Justice Information Authority , in consultation with | 19 | | the Office of the Attorney General, shall establish
and | 20 | | administer a program to assist victims and witnesses who are | 21 | | actively
aiding in the prosecution of perpetrators of violent | 22 | | gang crime, and appropriate
related persons or victims and | 23 | | witnesses determined by the Authority to be at risk of a | 24 | | discernible threat of violent crime . The program shall be |
| | | 10200HB4736sam001 | - 6 - | LRB102 24374 RLC 38408 a |
|
| 1 | | administered by the Illinois Criminal Justice Information | 2 | | Authority. The program shall offer, among other things, | 3 | | financial Financial assistance , including financial assistance | 4 | | on an emergency basis, that may be provided , upon application | 5 | | by a
State's Attorney or the Attorney General, or a chief | 6 | | executive of a police
agency with the approval from the | 7 | | State's
Attorney or Attorney General,
investigating or | 8 | | prosecuting a gang
crime occurring under the State's | 9 | | Attorney's or Attorney General's respective
jurisdiction, from | 10 | | funds deposited in the Violent Gang Crime Witness Protection | 11 | | Program Fund
and appropriated from that Fund for the purposes | 12 | | of this Act.
| 13 | | (Source: P.A. 98-58, eff. 7-8-13.) | 14 | | (725 ILCS 173/15)
| 15 | | Sec. 15. Funding. The Illinois Criminal Justice | 16 | | Information Authority, in consultation with
the Office of the | 17 | | Attorney General, shall adopt rules for the implementation of | 18 | | the Violent Gang
Crime Witness Protection Program. Assistance | 19 | | shall be subject to the following
limitations:
| 20 | | (a) Funds shall be limited to payment of the | 21 | | following:
| 22 | | (1) emergency or temporary living costs;
| 23 | | (2) moving expenses;
| 24 | | (3) rent;
| 25 | | (3.5) utilities; |
| | | 10200HB4736sam001 | - 7 - | LRB102 24374 RLC 38408 a |
|
| 1 | | (4) security deposits for rent and utilities ; and
| 2 | | (5) other appropriate expenses of relocation or | 3 | | transition;
| 4 | | (6) mental health treatment; and | 5 | | (7) lost wage assistance. | 6 | | (b) Approval of applications made by State's Attorneys | 7 | | shall be
conditioned upon county funding for costs at a | 8 | | level of at least 25%, unless
this requirement is waived | 9 | | by the administrator, in accordance with adopted
rules, | 10 | | for good cause shown . ;
| 11 | | (c) Counties providing assistance consistent with the | 12 | | limitations in this
Act may apply for reimbursement of up | 13 | | to 75% of their costs . ;
| 14 | | (d) No more than 50% of funding available in any given | 15 | | fiscal year may be
used for costs associated with any | 16 | | single county . ; and
| 17 | | (e) Before the Illinois Criminal Justice Information | 18 | | Authority distributes moneys from the Violent Gang Crime | 19 | | Witness Protection Program Fund as provided in this | 20 | | Section, it shall retain 5% 2% of those moneys for | 21 | | administrative purposes. | 22 | | (f) Direct reimbursement is allowed in whole or in | 23 | | part. | 24 | | (g) Implementation of the Violent Crime Witness | 25 | | Protection Program is contingent upon and subject to there | 26 | | being made sufficient appropriations for implementation of |
| | | 10200HB4736sam001 | - 8 - | LRB102 24374 RLC 38408 a |
|
| 1 | | that program.
| 2 | | (Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.) | 3 | | (725 ILCS 173/20)
| 4 | | Sec. 20. Violent Gang Crime Witness Protection Program | 5 | | Fund. There is created in the
State treasury Treasury the | 6 | | Violent Gang Crime Witness Protection Program Fund into which | 7 | | shall be
deposited appropriated funds, grants, or other funds | 8 | | made available to the
Illinois Criminal Justice Information | 9 | | Authority to assist State's Attorneys and the Attorney General
| 10 | | in protecting victims and witnesses who are aiding in the | 11 | | prosecution of
perpetrators of violent gang crime, and | 12 | | appropriate related persons or victims and witnesses | 13 | | determined by the Authority to be at risk of a discernible | 14 | | threat of violent crime .
| 15 | | (Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.) | 16 | | (725 ILCS 173/25)
| 17 | | Sec. 25. Beginning of operation. Subject to appropriation, | 18 | | the The program created by this Act shall
begin operation on | 19 | | January 1, 2023 July 1, 2013 .
| 20 | | (Source: P.A. 98-58, eff. 7-8-13.)
| 21 | | Section 2-100. The State Finance Act is amended by | 22 | | changing Section 5.833 as follows: |
| | | 10200HB4736sam001 | - 9 - | LRB102 24374 RLC 38408 a |
|
| 1 | | (30 ILCS 105/5.833) | 2 | | Sec. 5.833. The Violent Gang Crime Witness Protection | 3 | | Program Fund. | 4 | | (Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.) | 5 | | Article 99. | 6 | | Section 99-99. Effective date. This Act takes effect upon | 7 | | becoming law.".
|
|