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HB5061 Enrolled |
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LRB093 18421 RLC 46885 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 110-14 as follows:
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| (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
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| Sec. 110-14. Credit for Incarceration on Bailable Offense. |
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| (a) Any person incarcerated on a bailable offense who does |
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| not supply
bail and against whom a fine is levied on conviction |
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| of such offense
shall be allowed a credit of $5 for each day so |
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| incarcerated upon application
of the defendant. However,
in no |
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| case shall the amount so allowed or
credited exceed the amount |
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| of the fine. |
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| (b) Subsection (a) does not apply to a person incarcerated |
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| for sexual assault as defined in paragraph (1) of subsection |
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| (a) of Section 5-9-1.7 of the Unified Code of Corrections.
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| (Source: P.A. 88-287.)
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| Section 10. The Unified Code of Corrections is amended by |
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| changing Section 5-9-1.7 as follows:
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| (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
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| Sec. 5-9-1.7. Sexual assault fines.
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| (a) Definitions. The terms used in this Section shall have |
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| the following
meanings ascribed to them:
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| (1) "Sexual assault" means the commission or attempted |
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| commission of
the following: sexual exploitation of a |
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| child, criminal sexual assault, predatory criminal sexual |
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| assault of
a child, aggravated criminal sexual assault,
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| criminal sexual abuse, aggravated criminal sexual abuse, |
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| indecent
solicitation of a child, public indecency, sexual |
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| relations within
families, soliciting for a juvenile |
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HB5061 Enrolled |
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LRB093 18421 RLC 46885 b |
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| prostitute, keeping a place of juvenile
prostitution, |
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| patronizing a juvenile prostitute, juvenile pimping,
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| exploitation of a child, obscenity, child pornography, or
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| harmful material,
or ritualized abuse of a child, as those |
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| offenses are defined in the Criminal Code of 1961.
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| (2) "Family member" shall have the meaning ascribed to |
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| it in Section
12-12 of the Criminal Code of 1961.
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| (3) "Sexual assault organization" means any |
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| not-for-profit organization
providing comprehensive, |
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| community-based services to victims of sexual assault.
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| "Community-based services" include, but are not limited |
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| to, direct crisis
intervention through a 24-hour response, |
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| medical and legal advocacy,
counseling, information and |
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| referral services, training, and community
education.
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| (b) Sexual assault fine; collection by clerk.
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| (1) In addition to any other penalty imposed, a fine of |
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| $100 shall be
imposed upon any person who pleads guilty or |
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| who is convicted of, or who
receives a disposition of court |
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| supervision for, a sexual assault or attempt
of a sexual |
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| assault. Upon request of the victim or the victim's
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| representative, the court shall determine whether the fine |
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| will impose an
undue burden on the victim of the offense. |
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| For purposes of this paragraph,
the defendant may not be |
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| considered the victim's representative. If the
court finds |
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| that the fine would impose an undue burden on the victim, |
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| the
court may reduce or waive the fine. The court shall |
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| order that the
defendant may not use funds belonging solely |
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| to the victim of the offense
for payment of the fine.
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| (2) Sexual assault fines shall be assessed by the court |
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| imposing the
sentence and shall be collected by the circuit |
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| clerk. The circuit clerk
shall retain 10% of the penalty to |
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| cover the costs involved in
administering and enforcing |
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| this Section. The circuit clerk shall remit
the remainder |
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| of each fine within one month of its receipt to the State
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| Treasurer for deposit as follows:
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| (i) for family member offenders, one-half to the |
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HB5061 Enrolled |
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LRB093 18421 RLC 46885 b |
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| Sexual Assault
Services Fund, and one-half to the |
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| Domestic Violence Shelter and Service
Fund; and
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| (ii) for other than family member offenders, the |
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| full amount to the
Sexual Assault Services Fund.
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| (c) Sexual Assault Services Fund; administration. There is |
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| created a
Sexual Assault Services Fund. Moneys deposited into |
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| the Fund under this
Section shall be appropriated to the |
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| Department of Public Health. Upon
appropriation of moneys from |
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| the Sexual Assault Services Fund, the Department
of Public |
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| Health shall make grants of these moneys from the Fund to |
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| sexual
assault organizations with whom the Department has |
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| contracts for the purpose of
providing community-based |
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| services to victims of sexual assault. Grants made
under this |
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| Section are in addition to, and are not substitutes for, other
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| grants authorized and made by the Department.
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| (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. |
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| 5-29-96.)
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