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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 110-14 as follows:
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6 | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
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7 | Sec. 110-14. Credit for Incarceration on Bailable Offense. | ||||||
8 | (a) Any person incarcerated on a bailable offense who does | ||||||
9 | not supply
bail and against whom a fine is levied on conviction | ||||||
10 | of such offense
shall be allowed a credit of $5 for each day so | ||||||
11 | incarcerated upon application
of the defendant. However,
in no | ||||||
12 | case shall the amount so allowed or
credited exceed the amount | ||||||
13 | of the fine. | ||||||
14 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
15 | for sexual assault as defined in paragraph (1) of subsection | ||||||
16 | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
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17 | (Source: P.A. 88-287.)
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18 | Section 10. The Unified Code of Corrections is amended by | ||||||
19 | changing Section 5-9-1.7 as follows:
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20 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
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21 | Sec. 5-9-1.7. Sexual assault fines.
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22 | (a) Definitions. The terms used in this Section shall have | ||||||
23 | the following
meanings ascribed to them:
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24 | (1) "Sexual assault" means the commission or attempted | ||||||
25 | commission of
the following: sexual exploitation of a | ||||||
26 | child, criminal sexual assault, predatory criminal sexual | ||||||
27 | assault of
a child, aggravated criminal sexual assault,
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28 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
29 | indecent
solicitation of a child, public indecency, sexual | ||||||
30 | relations within
families, soliciting for a juvenile |
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1 | prostitute, keeping a place of juvenile
prostitution, | ||||||
2 | patronizing a juvenile prostitute, juvenile pimping,
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3 | exploitation of a child, obscenity, child pornography, or
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4 | harmful material,
or ritualized abuse of a child, as those | ||||||
5 | offenses are defined in the Criminal Code of 1961.
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6 | (2) "Family member" shall have the meaning ascribed to | ||||||
7 | it in Section
12-12 of the Criminal Code of 1961.
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8 | (3) "Sexual assault organization" means any | ||||||
9 | not-for-profit organization
providing comprehensive, | ||||||
10 | community-based services to victims of sexual assault.
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11 | "Community-based services" include, but are not limited | ||||||
12 | to, direct crisis
intervention through a 24-hour response, | ||||||
13 | medical and legal advocacy,
counseling, information and | ||||||
14 | referral services, training, and community
education.
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15 | (b) Sexual assault fine; collection by clerk.
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16 | (1) In addition to any other penalty imposed, a fine of | ||||||
17 | $100 shall be
imposed upon any person who pleads guilty or | ||||||
18 | who is convicted of, or who
receives a disposition of court | ||||||
19 | supervision for, a sexual assault or attempt
of a sexual | ||||||
20 | assault. Upon request of the victim or the victim's
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21 | representative, the court shall determine whether the fine | ||||||
22 | will impose an
undue burden on the victim of the offense. | ||||||
23 | For purposes of this paragraph,
the defendant may not be | ||||||
24 | considered the victim's representative. If the
court finds | ||||||
25 | that the fine would impose an undue burden on the victim, | ||||||
26 | the
court may reduce or waive the fine. The court shall | ||||||
27 | order that the
defendant may not use funds belonging solely | ||||||
28 | to the victim of the offense
for payment of the fine.
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29 | (2) Sexual assault fines shall be assessed by the court | ||||||
30 | imposing the
sentence and shall be collected by the circuit | ||||||
31 | clerk. The circuit clerk
shall retain 10% of the penalty to | ||||||
32 | cover the costs involved in
administering and enforcing | ||||||
33 | this Section. The circuit clerk shall remit
the remainder | ||||||
34 | of each fine within one month of its receipt to the State
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35 | Treasurer for deposit as follows:
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36 | (i) for family member offenders, one-half to the |
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1 | Sexual Assault
Services Fund, and one-half to the | ||||||
2 | Domestic Violence Shelter and Service
Fund; and
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3 | (ii) for other than family member offenders, the | ||||||
4 | full amount to the
Sexual Assault Services Fund.
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5 | (c) Sexual Assault Services Fund; administration. There is | ||||||
6 | created a
Sexual Assault Services Fund. Moneys deposited into | ||||||
7 | the Fund under this
Section shall be appropriated to the | ||||||
8 | Department of Public Health. Upon
appropriation of moneys from | ||||||
9 | the Sexual Assault Services Fund, the Department
of Public | ||||||
10 | Health shall make grants of these moneys from the Fund to | ||||||
11 | sexual
assault organizations with whom the Department has | ||||||
12 | contracts for the purpose of
providing community-based | ||||||
13 | services to victims of sexual assault. Grants made
under this | ||||||
14 | Section are in addition to, and are not substitutes for, other
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15 | grants authorized and made by the Department.
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16 | (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. | ||||||
17 | 5-29-96.)
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