Public Act 093-0699
 
HB5061 Enrolled LRB093 18421 RLC 46885 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-14 as follows:
 
    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
    Sec. 110-14. Credit for Incarceration on Bailable Offense.
    (a) Any person incarcerated on a bailable offense who does
not supply bail and against whom a fine is levied on conviction
of such offense shall be allowed a credit of $5 for each day so
incarcerated upon application of the defendant. However, in no
case shall the amount so allowed or credited exceed the amount
of the fine.
    (b) Subsection (a) does not apply to a person incarcerated
for sexual assault as defined in paragraph (1) of subsection
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
(Source: P.A. 88-287.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-1.7 as follows:
 
    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
    Sec. 5-9-1.7. Sexual assault fines.
    (a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
        (1) "Sexual assault" means the commission or attempted
    commission of the following: sexual exploitation of a
    child, criminal sexual assault, predatory criminal sexual
    assault of a child, aggravated criminal sexual assault,
    criminal sexual abuse, aggravated criminal sexual abuse,
    indecent solicitation of a child, public indecency, sexual
    relations within families, soliciting for a juvenile
    prostitute, keeping a place of juvenile prostitution,
    patronizing a juvenile prostitute, juvenile pimping,
    exploitation of a child, obscenity, child pornography, or
    harmful material, or ritualized abuse of a child, as those
    offenses are defined in the Criminal Code of 1961.
        (2) "Family member" shall have the meaning ascribed to
    it in Section 12-12 of the Criminal Code of 1961.
        (3) "Sexual assault organization" means any
    not-for-profit organization providing comprehensive,
    community-based services to victims of sexual assault.
    "Community-based services" include, but are not limited
    to, direct crisis intervention through a 24-hour response,
    medical and legal advocacy, counseling, information and
    referral services, training, and community education.
    (b) Sexual assault fine; collection by clerk.
        (1) In addition to any other penalty imposed, a fine of
    $100 shall be imposed upon any person who pleads guilty or
    who is convicted of, or who receives a disposition of court
    supervision for, a sexual assault or attempt of a sexual
    assault. Upon request of the victim or the victim's
    representative, the court shall determine whether the fine
    will impose an undue burden on the victim of the offense.
    For purposes of this paragraph, the defendant may not be
    considered the victim's representative. If the court finds
    that the fine would impose an undue burden on the victim,
    the court may reduce or waive the fine. The court shall
    order that the defendant may not use funds belonging solely
    to the victim of the offense for payment of the fine.
        (2) Sexual assault fines shall be assessed by the court
    imposing the sentence and shall be collected by the circuit
    clerk. The circuit clerk shall retain 10% of the penalty to
    cover the costs involved in administering and enforcing
    this Section. The circuit clerk shall remit the remainder
    of each fine within one month of its receipt to the State
    Treasurer for deposit as follows:
            (i) for family member offenders, one-half to the
        Sexual Assault Services Fund, and one-half to the
        Domestic Violence Shelter and Service Fund; and
            (ii) for other than family member offenders, the
        full amount to the Sexual Assault Services Fund.
    (c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under this Section shall be appropriated to the
Department of Public Health. Upon appropriation of moneys from
the Sexual Assault Services Fund, the Department of Public
Health shall make grants of these moneys from the Fund to
sexual assault organizations with whom the Department has
contracts for the purpose of providing community-based
services to victims of sexual assault. Grants made under this
Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)