HB2769 101ST GENERAL ASSEMBLY

LRB101 08351 SLF 53420 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2769

Introduced , by Rep. Maurice A. West II

SYNOPSIS AS INTRODUCED:

705 ILCS 135/15-20
705 ILCS 135/15-40
730 ILCS 5/5-9-1.7	from Ch. 38, par. 1005-9-1.7

Amends the Crime and Traffic Assessment Act. Provides that an additional assessment of $100 shall be imposed upon any person who pleads guilty, is convicted of, or who receives a disposition of court supervision for, a sex offense or an attempted sex offense. Provides that the funds shall be deposited in the State Crime Laboratory Fund to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under the Sexual Assault Evidence Submission Act to assist in reduction of the number of unanalyzed and unprocessed Kits. Amends the Unified Code of Corrections. Defines "sex offense".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sexual assault assessments.

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

Section 5. The Criminal and Traffic Assessment Act is amended by changing Sections 15-20 and 15-40 as follows:

(705 ILCS 135/15-20)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on January 1, 2021)

Sec. 15-20. SCHEDULE 4; felony sex offenses.

SCHEDULE 4: For a felony or attempted felony under Article 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,414 $1,314 and remit as follows:

(1) As the county's portion, $354 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation Fund;

(G) $2 into the Public Defender Records Automation Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $1,060 $960 to the State Treasurer, who shall deposit the money as follows:

(A) $520 into the State Police Operations Assistance Fund;

(B) $100 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Services Fund;

(E) $5 into the State Police Merit Board Public Safety Fund; and

(F) $35 into the Traffic and Criminal Conviction Surcharge Fund; and .

(G) $100 into the State Crime Laboratory Fund, to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under Section 15 of the Sexual Assault Evidence Submission Act to assist in reduction of the number of un-analyzed and unprocessed Kits.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-40)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on January 1, 2021)

Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.

SCHEDULE 8: For a misdemeanor or attempted misdemeanor under Article 11 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,284 $1,184 and remit as follows:

(1) As the county's portion, $282 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation Fund;

(H) $2 into the Public Defenders Records Automation Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $1,000 $900 to the State Treasurer, who shall deposit the money as follows:

(A) $500 into the State Police Operations Assistance Fund;

(B) $75 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Service Fund;

(E) $5 into the State Police Merit Board Public Safety Fund; and

(F) $20 into the Traffic and Criminal Conviction Surcharge Fund; and .

(G) $100 into the State Crime Laboratory Fund, to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under Section 15 of the Sexual Assault Evidence Submission Act to assist in reduction of the number of unanalyzed and unprocessed Kits.

(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

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)

(Text of Section before amendment by P.A. 100-987)

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, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.

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

(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 $200 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. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(Text of Section after amendment by P.A. 100-987)

Sec. 5-9-1.7. Sexual assault fines.

(a) Definitions. In 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, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.

(2) (Blank).

(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.

(4) "Sex offense" means the commission or attempted commission of an offense defined in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012, except prostitution, duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children, tie-in sales of obscene publications to distributors, public indecency, adultery, fornication, bigamy, or marrying a bigamist.

(b) (Blank).

(c) Sexual Assault Services Fund; administration. There is created a Sexual Assault Services Fund. Moneys deposited into the Fund under Section 15-20 and 15-40 of the Criminal and Traffic Assessment Act 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. 100-987, eff. 7-1-19.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.