Full Text of HB4736 102nd General Assembly
HB4736sam003 102ND GENERAL ASSEMBLY | Sen. Robert Peters Filed: 4/7/2022
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| 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: |
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| 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) two State Senators, appointed by the Minority | 6 | | Leader of the Senate; | 7 | | (4) two State Representatives, 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) two justice-involved members of the public, | 25 | | appointed by the Governor; | 26 | | (14) four justice-involved members of the public, |
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| 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 | | (15) one member representing a statewide organization | 6 | | of municipalities as authorized by Section 1-8-1 of the | 7 | | Illinois Municipal Code, appointed by the Governor; | 8 | | (16) a representative of an organization supporting | 9 | | crime survivors, appointed by the Governor; | 10 | | (17) a representative of an organization supporting | 11 | | domestic violence survivors, appointed by the Governor; | 12 | | (18) the Executive Director of the Sentencing Policy | 13 | | Advisory Council, or his or her designee; and | 14 | | (19) one active law enforcement officer, appointed by | 15 | | the Governor. | 16 | | As used in this Act, "justice-involved" means having had | 17 | | interactions with the criminal justice system as a defendant, | 18 | | victim, or witness or immediate family member of a defendant, | 19 | | victim, or witness. | 20 | | (b) The President of the Senate and the Speaker of the | 21 | | House shall appoint co-chairpersons for the Task Force. The | 22 | | Task Force shall have all appointments made within 30 days of | 23 | | the effective date of this Act. | 24 | | (c) The Illinois Criminal Justice Information Authority | 25 | | shall provide administrative and technical support to the Task | 26 | | Force and be responsible for administering its operations and |
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| 1 | | ensuring that the requirements of the Task Force are met. The | 2 | | members of the Task Force shall serve without compensation. | 3 | | Section 1-15. Meetings; report. | 4 | | (a) The Task Force shall meet at least 4 times with the | 5 | | first meeting occurring within 60 days after the effective | 6 | | date of this Act. | 7 | | (b) The Task Force shall review available research and | 8 | | best practices and take expert and witness testimony. | 9 | | (c) The Task Force shall produce and submit a report | 10 | | detailing the Task Force's findings, recommendations, and | 11 | | needed resources to the General Assembly and the Governor on | 12 | | or before March 1, 2023.
| 13 | | Section 1-20. Repeal. This Act is repealed on March 1, | 14 | | 2024. | 15 | | Article 2. | 16 | | Section 2-85. The Illinois State Police Law of the
Civil | 17 | | Administrative Code of Illinois is amended by changing Section | 18 | | 2605-51 as follows:
| 19 | | (20 ILCS 2605/2605-51)
| 20 | | Sec. 2605-51. Division of the Academy and Training. | 21 | | (a) The Division of the Academy and Training shall |
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| 1 | | exercise, but not be limited to, the following functions: | 2 | | (1) Oversee and operate the Illinois State Police | 3 | | Training Academy. | 4 | | (2) Train and prepare new officers for a career in law | 5 | | enforcement, with innovative, quality training and | 6 | | educational practices. | 7 | | (3) Offer continuing training and educational programs | 8 | | for Illinois State Police employees. | 9 | | (4) Oversee the Illinois State Police's recruitment | 10 | | initiatives. | 11 | | (5) Oversee and operate the Illinois State Police's | 12 | | quartermaster. | 13 | | (6) Duties assigned to the Illinois State Police in | 14 | | Article 5, Chapter 11 of the Illinois Vehicle Code | 15 | | concerning testing and training officers on the detection | 16 | | of impaired driving. | 17 | | (7) Duties assigned to the Illinois State Police in | 18 | | Article 108B of the Code of Criminal Procedure. | 19 | | (b) The Division of the Academy and Training shall | 20 | | exercise the rights, powers, and duties vested in the former | 21 | | Division of State Troopers by Section 17 of the Illinois State | 22 | | Police Act. | 23 | | (c) Specialized training. | 24 | | (1) Training; cultural diversity. The Division of the | 25 | | Academy and Training shall provide training and continuing | 26 | | education to State police officers concerning cultural |
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| 1 | | diversity, including sensitivity toward racial and ethnic | 2 | | differences. This training and continuing education shall | 3 | | include, but not be limited to, an emphasis on the fact | 4 | | that the primary purpose of enforcement of the Illinois | 5 | | Vehicle Code is safety and equal and uniform enforcement | 6 | | under the law. | 7 | | (2) Training; death and homicide investigations. The | 8 | | Division of the Academy and Training shall provide | 9 | | training in death and homicide investigation for State | 10 | | police officers. Only State police officers who | 11 | | successfully complete the training may be assigned as lead | 12 | | investigators in death and homicide investigations. | 13 | | Satisfactory completion of the training shall be evidenced | 14 | | by a certificate issued to the officer by the Division of | 15 | | the Academy and Training. The Director shall develop a | 16 | | process for waiver applications for officers whose prior | 17 | | training and experience as homicide investigators may | 18 | | qualify them for a waiver. The Director may issue a | 19 | | waiver, at his or her discretion, based solely on the | 20 | | prior training and experience of an officer as a homicide | 21 | | investigator. | 22 | | (A) The Division shall require all homicide | 23 | | investigator training to include instruction on | 24 | | victim-centered, trauma-informed investigation. This | 25 | | training must be implemented by July 1, 2023. | 26 | | (B) The Division shall cooperate with the Division |
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| 1 | | of Criminal Investigation to develop a model | 2 | | curriculum on victim-centered, trauma-informed | 3 | | investigation. This curriculum must be implemented by | 4 | | July 1, 2023. | 5 | | (3) Training; police dog training standards. All | 6 | | police dogs used by the Illinois State Police for drug | 7 | | enforcement purposes pursuant to the Cannabis Control Act, | 8 | | the Illinois Controlled Substances Act, and the | 9 | | Methamphetamine Control and Community Protection Act shall | 10 | | be trained by programs that meet the certification | 11 | | requirements set by the Director or the Director's | 12 | | designee. Satisfactory completion of the training shall be | 13 | | evidenced by a certificate issued by the Division of the | 14 | | Academy and Training. | 15 | | (4) Training; post-traumatic stress disorder. The | 16 | | Division of the Academy and Training shall conduct or | 17 | | approve a training program in post-traumatic stress | 18 | | disorder for State police officers. The purpose of that | 19 | | training shall be to equip State police officers to | 20 | | identify the symptoms of post-traumatic stress disorder | 21 | | and to respond appropriately to individuals exhibiting | 22 | | those symptoms. | 23 | | (5) Training; opioid antagonists. The Division of the | 24 | | Academy and Training shall conduct or approve a training | 25 | | program for State police officers in the administration of | 26 | | opioid antagonists as defined in paragraph (1) of |
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| 1 | | subsection (e) of Section 5-23 of the Substance Use | 2 | | Disorder Act that is in accordance with that Section. As | 3 | | used in this Section, "State police officers" includes | 4 | | full-time or part-time State police officers, | 5 | | investigators, and any other employee of the Illinois | 6 | | State Police exercising the powers of a peace officer. | 7 | | (6) Training; sexual assault and sexual abuse. | 8 | | (A) Every 3 years, the Division of the Academy and | 9 | | Training shall present in-service training on sexual | 10 | | assault and sexual abuse response and report writing | 11 | | training requirements, including, but not limited to, | 12 | | the following: | 13 | | (i) recognizing the symptoms of trauma; | 14 | | (ii) understanding the role trauma has played | 15 | | in a victim's life; | 16 | | (iii) responding to the needs and concerns of | 17 | | a victim; | 18 | | (iv) delivering services in a compassionate, | 19 | | sensitive, and nonjudgmental manner; | 20 | | (v) interviewing techniques in accordance with | 21 | | the curriculum standards in this paragraph (6); | 22 | | (vi) understanding cultural perceptions and | 23 | | common myths of sexual assault and sexual abuse; | 24 | | and | 25 | | (vii) report writing techniques in accordance | 26 | | with the curriculum standards in this paragraph |
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| 1 | | (6). | 2 | | (B) This training must also be presented in all | 3 | | full and part-time basic law enforcement academies. | 4 | | (C) Instructors providing this training shall have | 5 | | successfully completed training on evidence-based, | 6 | | trauma-informed, victim-centered responses to cases of | 7 | | sexual assault and sexual abuse and have experience | 8 | | responding to sexual assault and sexual abuse cases. | 9 | | (D) The Illinois State Police shall adopt rules, | 10 | | in consultation with the Office of the Attorney | 11 | | General and the Illinois Law Enforcement Training | 12 | | Standards Board, to determine the specific training | 13 | | requirements for these courses, including, but not | 14 | | limited to, the following: | 15 | | (i) evidence-based curriculum standards for | 16 | | report writing and immediate response to sexual | 17 | | assault and sexual abuse, including | 18 | | trauma-informed, victim-centered interview | 19 | | techniques, which have been demonstrated to | 20 | | minimize retraumatization, for all State police | 21 | | officers; and | 22 | | (ii) evidence-based curriculum standards for | 23 | | trauma-informed, victim-centered investigation | 24 | | and interviewing techniques, which have been | 25 | | demonstrated to minimize retraumatization, for | 26 | | cases of sexual assault and sexual abuse for all |
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| 1 | | State police officers who conduct sexual assault | 2 | | and sexual abuse investigations. | 3 | | (7) Training; human trafficking. The Division of the | 4 | | Academy and Training shall conduct or approve a training | 5 | | program in the detection and investigation of all forms of | 6 | | human trafficking, including, but not limited to, | 7 | | involuntary servitude under subsection (b) of Section 10-9 | 8 | | of the Criminal Code of 2012, involuntary sexual servitude | 9 | | of a minor under subsection (c) of Section 10-9 of the | 10 | | Criminal Code of 2012, and trafficking in persons under | 11 | | subsection (d) of Section 10-9 of the Criminal Code of | 12 | | 2012. This program shall be made available to all cadets | 13 | | and State police officers. | 14 | | (8) Training; hate crimes. The Division of the Academy | 15 | | and Training shall provide training for State police | 16 | | officers in identifying, responding to, and reporting all | 17 | | hate crimes.
| 18 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 19 | | Section 2-90. The Illinois Criminal Justice Information | 20 | | Act is amended by adding Section 7.10 as follows: | 21 | | (20 ILCS 3930/7.10 new) | 22 | | Sec. 7.10. Grant program. Subject to appropriation, the | 23 | | Illinois Criminal Justice Information Authority shall | 24 | | establish a grant program for organizations and units of local |
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| 1 | | government for the purposes of providing a tip hotline or | 2 | | other system for crime victims and witnesses that: | 3 | | (1) allows the callers or participants to remain | 4 | | anonymous; and | 5 | | (2) provides cash rewards for tips that lead to | 6 | | arrest. | 7 | | Section 2-93. The Illinois Municipal Code is amended by | 8 | | adding Division 1.5 of Article 11 as follows: | 9 | | (65 ILCS 5/Art. 11 Div. 1.5 heading new) | 10 | | DIVISION 1.5. | 11 | | CO-RESPONDER PILOT PROGRAM | 12 | | (65 ILCS 5/11-1.5-5 new) | 13 | | Sec. 11-1.5-5. Definitions. As used in this Section: | 14 | | "Department" means the East St. Louis Police Department, | 15 | | the Peoria Police Department, the Springfield Police | 16 | | Department, or the Waukegan Police Department. | 17 | | "Social Worker" means a licensed clinical social worker or | 18 | | licensed social worker, as those terms are defined in the | 19 | | Clinical Social Work and Social Work Practice Act. | 20 | | "Station adjustment" has the meaning given to that term in | 21 | | Section 1-3 of the Juvenile Court Act of 1987. | 22 | | "Unit" means a co-responder unit created under this | 23 | | Division. |
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| 1 | | (65 ILCS 5/11-1.5-10 new) | 2 | | Sec. 11-1.5-10. Establishment; responsibilities; focus. | 3 | | (a) Each department shall establish, subject to | 4 | | appropriation, a co-responder unit no later than 6 months | 5 | | after the effective date of this amendatory Act of the 102nd | 6 | | General Assembly, including the hiring of personnel as | 7 | | provided in this Division. | 8 | | (b) Along with the duties described in Sections 11-1.5-15 | 9 | | and 11-1.5-20, the unit's social workers are responsible for | 10 | | conducting follow-up visits for victims who may benefit from | 11 | | mental or behavioral health services. The unit shall utilize | 12 | | community resources, including services provided through the | 13 | | Department of Human Services and social workers in juvenile | 14 | | and adult investigations, to connect individuals with | 15 | | appropriate services. | 16 | | (c) The unit's primary area of focus shall be victim | 17 | | assistance. | 18 | | (65 ILCS 5/11-1.5-15 new) | 19 | | Sec. 11-1.5-15. Duties. The duties of the unit include, | 20 | | but are not limited to: | 21 | | (1) Serving as a resource to a department's community | 22 | | to identify and coordinate the social services available | 23 | | to residents who are victims of criminal acts. | 24 | | (2) Networking with area social service agencies to |
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| 1 | | develop a community-mutual resource system and wrap-around | 2 | | services (a team-based, collaborative case management | 3 | | approach) for victims in need of social service | 4 | | assistance; and fostering relationships with community | 5 | | organizations not limited to area hospitals, school | 6 | | districts, juvenile justice system, and various community | 7 | | groups. | 8 | | (3) Employing social workers of the unit who shall: | 9 | | (A) Upon request, provide community presentations | 10 | | on an array of social service topics. | 11 | | (B) Assist individuals in diversion from the | 12 | | criminal justice system by addressing problems or | 13 | | concerns through therapeutic intervention. | 14 | | (C) Facilitate follow-up treatment or referral to | 15 | | the appropriate community resource organization. | 16 | | (D) When requested, assist department employees in | 17 | | securing services for those in need and provide | 18 | | educational information to help the employee better | 19 | | understand the circumstances or the community concern. | 20 | | (E) Meet with walk-ins requesting information or | 21 | | assistance. | 22 | | (F) Protect the interest, confidentiality, and | 23 | | civil rights of the client. | 24 | | (G) Train social work interns who may be working | 25 | | within the unit. | 26 | | (H) Be on-call after regular business hours, as |
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| 1 | | needed. | 2 | | (I) Inform clients, prior to providing services | 3 | | under this Division, what communications are | 4 | | confidential pursuant to applicable provisions of | 5 | | State or federal law, rule, or regulation and what may | 6 | | be shared with the social worker's employer. | 7 | | (J) Consult on all cases as needed by the | 8 | | department. | 9 | | (K) Perform other functions as provided in Section | 10 | | 11-1.5-20 or otherwise needed by a department. | 11 | | (4) Employing social workers who shall work with | 12 | | victims of crimes as follows: | 13 | | (A) Review police reports to identify known | 14 | | victims and contact them to offer direct and referred | 15 | | services. | 16 | | (B) Assist victims with filing police reports and | 17 | | victim compensation forms. | 18 | | (C) Provide safety planning services to victims. | 19 | | (D) Provide crisis counseling services to victims | 20 | | and their families. | 21 | | (E) Conduct home visits with victims in | 22 | | conjunction with police backup, when needed. | 23 | | (F) Assist victims in obtaining orders of | 24 | | protection. A social worker, in the performance of his | 25 | | or her duties under this subparagraph, is an advocate, | 26 | | as that term is defined in Section 112A-3 of the Code |
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| 1 | | of Criminal Procedure of 1963. | 2 | | (G) Facilitate court advocacy services for | 3 | | victims, including arranging for transportation to and | 4 | | from court. | 5 | | (H) Maintain confidential case files which include | 6 | | social history, diagnosis, formulation of treatment, | 7 | | and documentation of services. | 8 | | (I) Perform miscellaneous personal advocacy tasks | 9 | | for victims, as needed. | 10 | | (J) Oversee activities to ensure those victims | 11 | | with the most urgent needs are given the highest | 12 | | priority for services. | 13 | | (K) Provide status updates on the progress of a | 14 | | victim's case. | 15 | | (5) Adhering to and understanding the applicable | 16 | | policies, procedures, and orders of a department. | 17 | | (6) Attaining department-established unit goals. | 18 | | (7) Maintaining a positive relationship with | 19 | | co-workers, as well as the investigators from area police | 20 | | departments and facilitating the exchange of information | 21 | | and resources pertaining to investigations that would not | 22 | | violate confidentiality as protected pursuant to | 23 | | applicable provisions of State or federal law, rule, or | 24 | | regulation. | 25 | | (8) Keeping informed on crime trends within the City. | 26 | | (9) Remaining obedient and responsive to all lawful |
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| 1 | | verbal and written orders issued by superiors. | 2 | | (10) Completing police reports and other required | 3 | | documentation. | 4 | | (11) Performing such other duties as may be required | 5 | | by State law, city ordinance, and department policy or as | 6 | | may be assigned by a sworn supervisor. | 7 | | (65 ILCS 5/11-1.5-20 new) | 8 | | Sec. 11-1.5-20. Social workers. | 9 | | (a) Unit social workers may be referred to as victim | 10 | | service specialists. Social workers are responsible for | 11 | | working as a team to provide trauma-informed crisis | 12 | | intervention, case management, advocacy, and ongoing emotional | 13 | | support to the victims of all crimes, with extra attention to | 14 | | crimes that cause a high level of victim trauma. | 15 | | (b) Unit social workers involved in a case under adult | 16 | | investigations may perform the following responsibilities: | 17 | | (1) Working with domestic violence investigators. | 18 | | (2) Assisting victims with finding safe housing, | 19 | | transportation, and legal assistance. | 20 | | (3) Providing other needed resources for victims and | 21 | | their families, including working with children who | 22 | | witness or experience domestic violence. | 23 | | (4) Assisting victims and their children in setting up | 24 | | counseling. | 25 | | (5) Helping reduce victims' chances of reentry into |
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| 1 | | violent situations. | 2 | | (c) Unit social workers involved in a case under juvenile | 3 | | investigations may perform the following responsibilities: | 4 | | (1) Working with families that have habitual runaways | 5 | | and determining why the juveniles keep running away. | 6 | | (2) Providing services to families where there have | 7 | | been domestic disturbances between the juveniles and their | 8 | | parents. | 9 | | (3) Providing resources for parents to help their | 10 | | children who are struggling in school or need | 11 | | transportation to school. | 12 | | (4) Providing guidance and advice to the families of a | 13 | | juvenile who has been arrested and what the next steps and | 14 | | options are in the process. | 15 | | (5) Assisting a juvenile with station adjustments and | 16 | | creating a station adjustment program in a department. | 17 | | (6) Providing services to juvenile victims and | 18 | | families where the Department of Children and Family | 19 | | Services either did not get involved or did not provide | 20 | | services. | 21 | | (7) Assisting with overcoming feuds between groups of | 22 | | juveniles. | 23 | | (8) Assisting in instances where the families are not | 24 | | cooperative with police. | 25 | | (9) Discussing with families and juveniles options and | 26 | | solutions to prevent future arrest. |
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| 1 | | (10) Maintaining a list of families in need that the | 2 | | unit or department have had contact with for department or | 3 | | city special events. | 4 | | (11) Helping facilitate or assist a department in | 5 | | community-oriented events, such as setting up an event | 6 | | where officers or unit personnel read books with younger | 7 | | children, talking about cyber crimes and social media, or | 8 | | having an officer or unit personnel visit a school for | 9 | | other activities. | 10 | | (12) Helping reduce juvenile recidivism. | 11 | | (65 ILCS 5/11-1.5-25 new) | 12 | | Sec. 11-1.5-25. Training. All unit employees shall be | 13 | | trained in crisis intervention and integrating communications, | 14 | | assessment and tactics. Integrating communications, | 15 | | assessment, and tactics training shall be designed for | 16 | | situations involving persons who are unarmed or are armed with | 17 | | weapons and who may be experiencing a mental health or other | 18 | | crisis. The training shall incorporate different skill sets | 19 | | into a unified training approach that emphasizes | 20 | | scenario-based exercises, as well as lecture and case study | 21 | | opportunities. | 22 | | (65 ILCS 5/11-1.5-30 new) | 23 | | Sec. 11-1.5-30. Privileged or confidential communications. | 24 | | Nothing contained in this Division shall be construed to |
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| 1 | | impair or limit the confidentiality of communications | 2 | | otherwise protected by law as privileged or confidential, | 3 | | including, but not limited to, information communicated in | 4 | | confidence to a social worker or social work intern who works | 5 | | under the direct supervision of a social worker. No social | 6 | | worker shall be subjected to adverse employment action, the | 7 | | threat of adverse employment action, or any manner of | 8 | | discrimination because the employee is acting or has acted to | 9 | | protect communications as privileged or confidential pursuant | 10 | | to applicable provisions of State or federal law, rule, or | 11 | | regulation. | 12 | | (65 ILCS 5/11-1.5-99 new) | 13 | | Sec. 11-1.5-99. Repeal. This Division is repealed January | 14 | | 1, 2029. | 15 | | Section 2-95. The Gang Crime
Witness
Protection Act of | 16 | | 2013 is amended by changing Sections 1, 5, 10, 15, 20, and 25 | 17 | | as follows: | 18 | | (725 ILCS 173/1)
| 19 | | Sec. 1. Short title. This Act may be cited as the Violent | 20 | | Gang Crime
Witness
Protection Act of 2013 .
| 21 | | (Source: P.A. 98-58, eff. 7-8-13.) | 22 | | (725 ILCS 173/5)
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| 1 | | Sec. 5. Definition. As used in this Act, "violent crime" | 2 | | means a violent crime as that term is defined in Section 3 of | 3 | | the Rights of Crime Victims and Witnesses Act "gang crime" | 4 | | means any
criminal offense committed by a member of a "gang" as | 5 | | that term is defined in
Section 10 of the Illinois Streetgang | 6 | | Terrorism Omnibus Prevention Act when
the offense is in | 7 | | furtherance of any activity, enterprise, pursuit, or
| 8 | | undertaking of a gang .
| 9 | | (Source: P.A. 98-58, eff. 7-8-13.) | 10 | | (725 ILCS 173/10)
| 11 | | Sec. 10. Financial Assistance Program. No later than | 12 | | January 1, 2023 Subject to appropriation , the Illinois | 13 | | Criminal Justice Information Authority , in consultation with | 14 | | the Office of the Attorney General, shall establish
and | 15 | | administer a program to assist victims and witnesses who are | 16 | | actively
aiding in the prosecution of perpetrators of violent | 17 | | gang crime, and appropriate
related persons or victims and | 18 | | witnesses determined by the Authority to be at risk of a | 19 | | discernible threat of violent crime . The program shall be | 20 | | administered by the Illinois Criminal Justice Information | 21 | | Authority. The program shall offer, among other things, | 22 | | financial Financial assistance , including financial assistance | 23 | | on an emergency basis, that may be provided , upon application | 24 | | by a
State's Attorney or the Attorney General, or a chief | 25 | | executive of a police
agency with the approval from the |
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| 1 | | State's
Attorney or Attorney General,
investigating or | 2 | | prosecuting a gang
crime occurring under the State's | 3 | | Attorney's or Attorney General's respective
jurisdiction, from | 4 | | funds deposited in the Violent Gang Crime Witness Protection | 5 | | Program Fund
and appropriated from that Fund for the purposes | 6 | | of this Act.
| 7 | | (Source: P.A. 98-58, eff. 7-8-13.) | 8 | | (725 ILCS 173/15)
| 9 | | Sec. 15. Funding. The Illinois Criminal Justice | 10 | | Information Authority, in consultation with
the Office of the | 11 | | Attorney General, shall adopt rules for the implementation of | 12 | | the Violent Gang
Crime Witness Protection Program. Assistance | 13 | | shall be subject to the following
limitations:
| 14 | | (a) Funds shall be limited to payment of the | 15 | | following:
| 16 | | (1) emergency or temporary living costs;
| 17 | | (2) moving expenses;
| 18 | | (3) rent;
| 19 | | (3.5) utilities; | 20 | | (4) security deposits for rent and utilities ; and
| 21 | | (5) other appropriate expenses of relocation or | 22 | | transition;
| 23 | | (6) mental health treatment; and | 24 | | (7) lost wage assistance. | 25 | | (b) Approval of applications made by State's Attorneys |
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| 1 | | shall be
conditioned upon county funding for costs at a | 2 | | level of at least 25%, unless
this requirement is waived | 3 | | by the administrator, in accordance with adopted
rules, | 4 | | for good cause shown . ;
| 5 | | (c) Counties providing assistance consistent with the | 6 | | limitations in this
Act may apply for reimbursement of up | 7 | | to 75% of their costs . ;
| 8 | | (d) No more than 50% of funding available in any given | 9 | | fiscal year may be
used for costs associated with any | 10 | | single county . ; and
| 11 | | (e) Before the Illinois Criminal Justice Information | 12 | | Authority distributes moneys from the Violent Gang Crime | 13 | | Witness Protection Program Fund as provided in this | 14 | | Section, it shall retain 5% 2% of those moneys for | 15 | | administrative purposes. | 16 | | (f) Direct reimbursement is allowed in whole or in | 17 | | part. | 18 | | (g) Implementation of the Violent Crime Witness | 19 | | Protection Program is contingent upon and subject to there | 20 | | being made sufficient appropriations for implementation of | 21 | | that program.
| 22 | | (Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.) | 23 | | (725 ILCS 173/20)
| 24 | | Sec. 20. Violent Gang Crime Witness Protection Program | 25 | | Fund. There is created in the
State treasury Treasury the |
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| 1 | | Violent Gang Crime Witness Protection Program Fund into which | 2 | | shall be
deposited appropriated funds, grants, or other funds | 3 | | made available to the
Illinois Criminal Justice Information | 4 | | Authority to assist State's Attorneys and the Attorney General
| 5 | | in protecting victims and witnesses who are aiding in the | 6 | | prosecution of
perpetrators of violent gang crime, and | 7 | | appropriate related persons or victims and witnesses | 8 | | determined by the Authority to be at risk of a discernible | 9 | | threat of violent crime .
| 10 | | (Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.) | 11 | | (725 ILCS 173/25)
| 12 | | Sec. 25. Beginning of operation. Subject to appropriation, | 13 | | the The program created by this Act shall
begin operation on | 14 | | January 1, 2023 July 1, 2013 .
| 15 | | (Source: P.A. 98-58, eff. 7-8-13.)
| 16 | | Section 2-100. The State Finance Act is amended by | 17 | | changing Section 5.833 as follows: | 18 | | (30 ILCS 105/5.833) | 19 | | Sec. 5.833. The Violent Gang Crime Witness Protection | 20 | | Program Fund. | 21 | | (Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.) | 22 | | Article 99. |
| | | 10200HB4736sam003 | - 24 - | LRB102 24374 AWJ 38914 a |
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| 1 | | Section 99-99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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