HB4736sam001 102ND GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 3/31/2022

10200HB4736sam001 LRB102 24374 RLC 38408 a

AMENDMENT TO HOUSE BILL 4736

AMENDMENT NO. ______. Amend House Bill 4736 by replacing everything after the enacting clause with the following:

"Article 1.

Section 1-1. Short title. This Article may be cited as the Crime Reduction Task Force Act. References in this Article to "this Act" mean this Article.

Section 1-5. Crime Reduction Task Force; creation; purpose. The Crime Reduction Task Force is created. The purpose of the Task Force is to develop and propose policies and procedures to reduce crime in the State of Illinois.

Section 1-10. Task Force members.

(a) The Crime Reduction Task Force shall be composed of the following members:

(1) two State Senators, appointed by the President of the Senate;

(2) two State Representatives, appointed by the Speaker of the House of Representatives;

(3) one State Senator, appointed by the Minority Leader of the Senate;

(4) one State Representative, appointed by the Minority Leader of the House of Representatives;

(5) the Director of the Illinois State Police, or his or her designee;

(6) the Attorney General, or his or her designee;

(7) a retired judge, appointed by the Governor;

(8) a representative of a statewide association representing State's Attorneys, appointed by the Governor;

(9) a representative of a statewide association representing public defenders, appointed by the Governor;

(10) the executive director of a statewide association representing county sheriffs or his or her designee, appointed by the Governor;

(11) the executive director of a statewide association representing chiefs of police, appointed by the Governor;

(12) a representative of a statewide organization protecting civil liberties, appointed by the Governor;

(13) one justice-involved member of the public, appointed by the Governor; and

(14) four justice-involved members of the public, appointed one each by the President of the Senate, Speaker of the House of Representatives, Minority Leader of the Senate, and Minority Leader of the House of Representatives.

As used in this Act, "justice-involved" means having had interactions with the criminal justice system as a defendant, victim, or witness or immediate family member of a defendant, victim, or witness.

(b) The President of the Senate and the Speaker of the House shall appoint co-chairpersons for the Task Force. The Task Force shall have all appointments made within 30 days of the effective date of this Act.

(c) The Illinois Criminal Justice Information Authority shall provide administrative and technical support to the Task Force and be responsible for administering its operations and ensuring that the requirements of the Task Force are met. The members of the Task Force shall serve without compensation.

Section 1-15. Meetings; report.

(a) The Task Force shall meet at least 4 times with the first meeting occurring within 60 days after the effective date of this Act.

(b) The Task Force shall review available research and best practices and take expert and witness testimony.

(c) The Task Force shall produce and submit a report detailing the Task Force's findings, recommendations, and needed resources to the General Assembly and the Governor on or before March 1, 2023.

Section 1-20. Repeal. This Act is repealed on March 1, 2024.

Article 2.

Section 2-90. The Illinois Criminal Justice Information Act is amended by adding Section 7.10 as follows:

(20 ILCS 3930/7.10 new)

Sec. 7.10. Grant program. Subject to appropriation, the Illinois Criminal Justice Information Authority shall establish a grant program for organizations and units of local government for the purposes of providing a tip hotline or other system for crime victims and witnesses that:

(1) allows the callers or participants to remain anonymous; and

(2) provides cash rewards for tips that lead to arrest.

Section 2-95. The Gang Crime Witness Protection Act of 2013 is amended by changing Sections 1, 5, 10, 15, 20, and 25 as follows:

(725 ILCS 173/1)

Sec. 1. Short title. This Act may be cited as the Violent Gang Crime Witness Protection Act of 2013.

(Source: P.A. 98-58, eff. 7-8-13.)

(725 ILCS 173/5)

Sec. 5. Definition. As used in this Act, "violent crime" means a violent crime as that term is defined in Section 3 of the Rights of Crime Victims and Witnesses Act "gang crime" means any criminal offense committed by a member of a "gang" as that term is defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act when the offense is in furtherance of any activity, enterprise, pursuit, or undertaking of a gang.

(Source: P.A. 98-58, eff. 7-8-13.)

(725 ILCS 173/10)

Sec. 10. Financial Assistance Program. No later than January 1, 2023 Subject to appropriation, the Illinois Criminal Justice Information Authority, in consultation with the Office of the Attorney General, shall establish and administer a program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of violent gang crime, and appropriate related persons or victims and witnesses determined by the Authority to be at risk of a discernible threat of violent crime. The program shall be administered by the Illinois Criminal Justice Information Authority. The program shall offer, among other things, financial Financial assistance, including financial assistance on an emergency basis, that may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Violent Gang Crime Witness Protection Program Fund and appropriated from that Fund for the purposes of this Act.

(Source: P.A. 98-58, eff. 7-8-13.)

(725 ILCS 173/15)

Sec. 15. Funding. The Illinois Criminal Justice Information Authority, in consultation with the Office of the Attorney General, shall adopt rules for the implementation of the Violent Gang Crime Witness Protection Program. Assistance shall be subject to the following limitations:

(a) Funds shall be limited to payment of the following:

(1) emergency or temporary living costs;

(2) moving expenses;

(3) rent;

(3.5) utilities;

(4) security deposits for rent and utilities; and

(5) other appropriate expenses of relocation or transition;

(6) mental health treatment; and

(7) lost wage assistance.

(b) Approval of applications made by State's Attorneys shall be conditioned upon county funding for costs at a level of at least 25%, unless this requirement is waived by the administrator, in accordance with adopted rules, for good cause shown. ;

(c) Counties providing assistance consistent with the limitations in this Act may apply for reimbursement of up to 75% of their costs. ;

(d) No more than 50% of funding available in any given fiscal year may be used for costs associated with any single county. ; and

(e) Before the Illinois Criminal Justice Information Authority distributes moneys from the Violent Gang Crime Witness Protection Program Fund as provided in this Section, it shall retain 5% 2% of those moneys for administrative purposes.

(f) Direct reimbursement is allowed in whole or in part.

(g) Implementation of the Violent Crime Witness Protection Program is contingent upon and subject to there being made sufficient appropriations for implementation of that program.

(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)

(725 ILCS 173/20)

Sec. 20. Violent Gang Crime Witness Protection Program Fund. There is created in the State treasury Treasury the Violent Gang Crime Witness Protection Program Fund into which shall be deposited appropriated funds, grants, or other funds made available to the Illinois Criminal Justice Information Authority to assist State's Attorneys and the Attorney General in protecting victims and witnesses who are aiding in the prosecution of perpetrators of violent gang crime, and appropriate related persons or victims and witnesses determined by the Authority to be at risk of a discernible threat of violent crime.

(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)

(725 ILCS 173/25)

Sec. 25. Beginning of operation. Subject to appropriation, the The program created by this Act shall begin operation on January 1, 2023 July 1, 2013.

(Source: P.A. 98-58, eff. 7-8-13.)

Section 2-100. The State Finance Act is amended by changing Section 5.833 as follows:

(30 ILCS 105/5.833)

Sec. 5.833. The Violent Gang Crime Witness Protection Program Fund.

(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)

Article 99.

Section 99-99. Effective date. This Act takes effect upon becoming law.".