HB1112 97TH GENERAL ASSEMBLY

LRB097 06793 RLC 46884 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1112

Introduced 02/07/11, by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

725 ILCS 240/8	from Ch. 70, par. 508
725 ILCS 240/10	from Ch. 70, par. 510

Amends the Violent Crime Victims Assistance Act. Provides that the victim and witness assistance centers shall provide assistance in exercising rights provided in the Roadside Memorial Act for the families of victims of fatal injury crashes on roadways. Provides that the offenses for which the additional penalty shall be assessed for deposit into the Violent Crime Victims Assistance Fund include the offenses of driving 30 miles per hour or more in excess of the applicable speed limit, driving in excess of the speed limit in a construction or maintenance zone, or in a park zones. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Violent Crime Victims Assistance Act is amended by changing Sections 8 and 10 as follows:

(725 ILCS 240/8) (from Ch. 70, par. 508)

Sec. 8. Centers - Services provided. (a) Each center shall provide one or more of the following services:

(1) Coordinate volunteers to work with criminal justice agencies to provide direct victim services or to establish community support;

(2) Provide assistance to victims of violent crime and their families in obtaining assistance through other official or community resources;

(3) Provide elderly victims of crime with services appropriate to their special needs;

(4) Provide transportation and/or household assistance to those victims participating in the criminal justice process;

(5) Provide victims of domestic and sexual violence and sexual harassment with services appropriate to their special needs;

(6) Provide courthouse reception and guidance, including explanation of unfamiliar procedures and bilingual information;

(7) Provide in-person or telephone hot-line assistance to victims;

(8) Provide special counseling facilities and rehabilitation services to victims;

(9) Provide other services as the Commission shall deem appropriate to further the purposes of this Act;

(10) Provide public education on crime and crime victims;

(11) Provide training and sensitization for persons who work with victims of crime;

(12) Provide special counseling facilities and rehabilitation services for child victims of sex offenses;

(13) When applicable, centers shall enter into written networking agreements to provide for the special needs of child victims of violent crimes; .

(14) Provide assistance in exercising rights provided in the Roadside Memorial Act for the families of victims of fatal injury crashes on roadways.

(b) Such centers may provide one or more of the services enumerated in subparagraph (a) of this section for witnesses of crime.

(Source: P.A. 87-1257.)

(725 ILCS 240/10) (from Ch. 70, par. 510)

Sec. 10. Violent Crime Victims Assistance Fund.

(a) The "Violent Crime Victims Assistance Fund" is created as a special fund in the State Treasury to provide monies for the grants to be awarded under this Act.

(b) On and after September 18, 1986, there shall be an additional penalty collected from each defendant upon conviction of any felony or upon conviction of or disposition of supervision for any misdemeanor, or upon conviction of or disposition of supervision for any offense under the Illinois Vehicle Code, exclusive of offenses enumerated in paragraph (a)(2) of Section 6-204 of that Code, and exclusive of any offense enumerated in Article VI of Chapter 11 of that Code relating to restrictions, regulations and limitations on the speed at which a motor vehicle is driven or operated, an additional penalty of $4 for each $40, or fraction thereof, of fine imposed. Notwithstanding any other provision of this Section, the penalty established in this Section shall be assessed for any violation of Section 11-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code. Such additional amounts shall be collected by the Clerk of the Circuit Court in addition to the fine and costs in the case. Each such additional penalty collected under this subsection (b) or subsection (c) of this Section shall be remitted by the Clerk of the Circuit Court within one month after receipt to the State Treasurer for deposit into the Violent Crime Victims Assistance Fund, except as provided in subsection (g) of this Section. Such additional penalty shall not be considered a part of the fine for purposes of any reduction made in the fine for time served either before or after sentencing. Not later than March 1 of each year the Clerk of the Circuit Court shall submit to the State Comptroller a report of the amount of funds remitted by him to the State Treasurer under this Section during the preceding calendar year. Except as otherwise provided by Supreme Court Rules, if a court in sentencing an offender levies a gross amount for fine, costs, fees and penalties, the amount of the additional penalty provided for herein shall be computed on the amount remaining after deducting from the gross amount levied all fees of the Circuit Clerk, the State's Attorney and the Sheriff. After deducting from the gross amount levied the fees and additional penalty provided for herein, less any other additional penalties provided by law, the clerk shall remit the net balance remaining to the entity authorized by law to receive the fine imposed in the case. For purposes of this Section "fees of the Circuit Clerk" shall include, if applicable, the fee provided for under Section 27.3a of the Clerks of Courts Act and the fee, if applicable, payable to the county in which the violation occurred pursuant to Section 5-1101 of the Counties Code.

(c) When any person is convicted in Illinois on or after August 28, 1986, of an offense listed below, or placed on supervision for such an offense on or after September 18, 1986, and no other fine is imposed, the following penalty shall be collected by the Circuit Court Clerk:

(1) $25, for any crime of violence as defined in subsection (c) of Section 2 of the Crime Victims Compensation Act; and

(2) $20, for any other felony or misdemeanor, excluding any conservation offense.

Such charge shall not be subject to the provisions of Section 110-14 of the Code of Criminal Procedure of 1963.

(d) Monies forfeited, and proceeds from the sale of property forfeited and seized, under the forfeiture provisions set forth in Part 500 of Article 124B of the Code of Criminal Procedure of 1963 shall be accepted for the Violent Crime Victims Assistance Fund.

(e) Investment income which is attributable to the investment of monies in the Violent Crime Victims Assistance Fund shall be credited to that fund for uses specified in this Act. The Treasurer shall provide the Attorney General a monthly status report on the amount of money in the Fund.

(f) Monies from the fund may be granted on and after July 1, 1984.

(g) All amounts and charges imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.

(Source: P.A. 96-712, eff. 1-1-10.)

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