98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0979
 
Introduced 1/29/2013, by Rep. Emanuel Welch
 
SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.826 new

    Creates the Gang Crime
Witness
Protection Act of 2013.     Provides that the Department of State Police shall establish
and administer a program to assist victims and witnesses who are actively
aiding in the prosecution of perpetrators of gang crime, and appropriate
related persons.  Financial assistance 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 Gang Crime Witness Protection Program Fund
and appropriated from that Fund for the purposes of the Act.  Provides that within 30 days after the effective date of the Act, all moneys in the Gang Crime Witness Protection Fund shall be transferred into the Gang Crime Witness Protection Program Fund.  Provides that the program shall
begin operation on July 1, 2013.     Amends the State Finance Act.  Creates the Gang Crime Witness Protection Program Fund in the State treasury.  Effective immediately.


LRB098 05568 RLC 35605 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 



HB0979LRB098 05568 RLC 35605 b



1    AN ACT concerning criminal law. 

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



 
4    Section 1. Short title. This Act may be cited as the Gang 
5Crime
Witness
Protection Act of 2013.
 
6    Section 5. Definition. As used in this Act, "gang crime" 
7means any
criminal offense committed by a member of a "gang" as 
8that term is defined in
Section 10 of the Illinois Streetgang 
9Terrorism Omnibus Prevention Act when
the offense is in 
10furtherance of any activity, enterprise, pursuit, or

11undertaking of a gang.

 
12    Section 10. Program. The Department of State Police shall 
13establish
and administer a program to assist victims and 
14witnesses who are actively
aiding in the prosecution of 
15perpetrators of gang crime, and appropriate
related persons.  
16Financial assistance may be provided, upon application by a

17State's Attorney or the Attorney General, or a chief executive 
18of a police
agency with the approval from the State's
Attorney 
19or Attorney General,
investigating or prosecuting a gang
crime 
20occurring under the State's Attorney's or Attorney General's 
21respective
jurisdiction, from funds deposited in the Gang Crime 
22Witness Protection Fund
and appropriated from that Fund for the 
 
 
HB0979- 2 -LRB098 05568 RLC 35605 b

1purposes of this Act.
 
2    Section 15. Funding.   The Department of State Police, in 
3consultation with
the Attorney General, shall adopt rules for 
4the implementation of the Gang
Crime Witness Protection 
5Program.  Assistance shall be subject to the following

6limitations:


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


8            (1) temporary living costs;


9            (2) moving expenses;


10            (3) rent;


11            (4) security deposits; and


12            (5) other appropriate expenses of relocation or 
13        transition.


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


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


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

 
 
 
HB0979- 3 -LRB098 05568 RLC 35605 b

1    Section 20. Gang Crime Witness Protection Program Fund.   
2There is created in the
State Treasury the Gang Crime Witness 
3Protection Program Fund into which shall be
deposited 
4appropriated funds, grants, or other funds made available to 
5the
Department of State Police to assist State's Attorneys and 
6the Attorney General
in protecting victims and witnesses who 
7are aiding in the prosecution of
perpetrators of gang crime, 
8and appropriate related persons.
Within 30 days after the 
9effective date of this Act, all moneys in the Gang Crime 
10Witness Protection Fund shall be transferred into the Gang 
11Crime Witness Protection Program Fund.
 
12    Section 25. Period of operation. The  program created by 
13this Act shall
begin operation on July 1, 2013.

 
14    Section 90. The State Finance Act is amended by adding 
15Section 5.826 as follows:
 
16    (30 ILCS 105/5.826 new)
17    Sec. 5.826. The Gang Crime Witness Protection Program Fund.
 
18    Section 99. Effective date. This Act takes effect upon 
19becoming law.