Rep. Litesa E. Wallace
Filed: 4/12/2018
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 5623




2    AMENDMENT NO. ______. Amend House Bill 5623 by replacing 
3everything after the enacting clause with the following:

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


6    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)



7    Sec. 5-9-1.7. Sexual assault fines; sex offense 
8assessments. 

9    (a) Definitions. In The terms used in this Section shall 
10have the following
meanings ascribed to them:


11        (1) "Sexual assault" means the commission or attempted 
12    commission of
the following: sexual exploitation of a 
13    child, criminal sexual assault, predatory criminal sexual 
14    assault of
a child, aggravated criminal sexual assault,

15    criminal sexual abuse, aggravated criminal sexual abuse, 
16    indecent
solicitation of a child, public indecency, sexual 
 
 
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1    relations within
families, promoting juvenile 
2    prostitution, soliciting for a juvenile prostitute, 
3    keeping a place of juvenile
prostitution, patronizing a 
4    juvenile prostitute, juvenile pimping,
exploitation of a 
5    child, obscenity, child pornography,
aggravated child 
6    pornography, harmful material,
or ritualized abuse of a 
7    child, as those offenses are defined in the Criminal Code 
8    of 1961 or the Criminal Code of 2012.


9        (2) "Family member" shall have the meaning ascribed to 
10    it in Section 11-0.1
 of the Criminal Code of 2012.


11        (3) "Sexual assault organization" means any 
12    not-for-profit organization
providing comprehensive, 
13    community-based services to victims of sexual assault.
 
14    "Community-based services" include, but are not limited 
15    to, direct crisis
intervention through a 24-hour response, 
16    medical and legal advocacy,
counseling, information and 
17    referral services, training, and community
education.

18        (4) "Sex offense" means the commission or attempted 
19    commission of an offense defined in Article 11 of the 
20    Criminal Code of 1961 or the Criminal Code of 2012, except 
21    prostitution, duty of commercial film and photographic 
22    print processors or computer technicians to report sexual 
23    depiction of children, tie-in
sales of obscene 
24    publications to distributors, public indecency, adultery, 
25    fornication, or bigamy and marrying a bigamist. 
26    (b) Sexual assault fine and sex offense assessment; 
 
 
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1collection by clerk.


2        (1) In addition to any other penalty imposed, a sexual 
3    assault fine of $200 shall be
imposed upon any person who 
4    pleads guilty or who is convicted of, or who
receives a 
5    disposition of court supervision for, a sexual assault or 
6    attempt
of a sexual assault, and a sex offense assessment 
7    of $100 shall be
imposed upon any person who pleads guilty 
8    or who is convicted of, or who
receives a disposition of 
9    court supervision for, a sex offense or attempt
of a sex 
10    offense.  Upon request of the victim or the victim's

11    representative, the court shall determine whether the 
12    fine, assessment, or both will impose an
undue burden on 
13    the victim of the offense.  For purposes of this paragraph,

14    the defendant may not be considered the victim's 
15    representative.  If the
court finds that the fine, 
16    assessment, or both would impose an undue burden on the 
17    victim, the
court may reduce or waive the fine, assessment, 
18    or both.  The court shall order that the
defendant may not 
19    use funds belonging solely to the victim of the offense
for 
20    payment of the fine or assessment.


21        (2) Sexual assault fines and sex offense assessments 
22    shall be assessed by the court imposing the
sentence and 
23    shall be collected by the circuit clerk.  The circuit clerk

24    shall retain 10% of the sexual assault fine penalty to 
25    cover the costs involved in
administering and enforcing 
26    this Section. The circuit court clerk shall remit the sex 
 
 
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1    offense assessment within one month after receipt to the 
2    State Treasurer for deposit in the State Crime Laboratory 
3    Fund to pay for the costs of processing and analyzing the 
4    Illinois State Police Sexual Assault Evidence Collection 
5    Kits  under Section 15 of the Sexual Assault Evidence 
6    Submission Act to assist in reduction of the number of 
7    un-analyzed and unprocessed Kits.  The circuit clerk shall 
8    remit
the remainder of each sexual assault fine within one 
9    month of its receipt to the State
Treasurer for deposit as 
10    follows:


11            (i) for family member offenders, one-half to the 
12        Sexual Assault
Services Fund, and one-half to the 
13        Domestic Violence Shelter and Service
Fund; and


14            (ii) for other than family member offenders, the 
15        full amount to the
Sexual Assault Services Fund.

16    (c) Sexual Assault Services Fund; administration.  There is 
17created a
Sexual Assault Services Fund.  Moneys deposited into 
18the Fund under this
Section shall be appropriated to the 
19Department of Public Health. Upon
appropriation of moneys from 
20the Sexual Assault Services Fund, the Department
of Public 
21Health shall make grants of these moneys from the Fund to 
22sexual
assault organizations with whom the Department has 
23contracts for the purpose of
providing community-based 
24services to victims of sexual assault. Grants made
under this 
25Section are in addition to, and are not substitutes for, other

26grants authorized and made by the Department.

 
 
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1(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; 
297-1150, eff. 1-25-13.)".