Full Text of HB4288 93rd General Assembly
HB4288enr 93RD GENERAL ASSEMBLY
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HB4288 Enrolled |
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LRB093 17812 RLC 43493 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing
Sections 5-9-1.5 and 5-9-1.7 as follows:
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| (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
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| Sec. 5-9-1.5. Domestic violence fine. In addition to any | 8 |
| other penalty
imposed, a fine of $200
$100 shall be imposed | 9 |
| upon any person who
pleads guilty
or no contest to or who is | 10 |
| convicted of murder, voluntary manslaughter,
involuntary | 11 |
| manslaughter, burglary, residential burglary, criminal | 12 |
| trespass
to residence, criminal trespass to vehicle, criminal | 13 |
| trespass to land,
criminal damage to property, telephone | 14 |
| harassment, kidnapping, aggravated
kidnapping, unlawful | 15 |
| restraint, forcible detention, child abduction,
indecent | 16 |
| solicitation of a child, sexual relations between siblings,
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| exploitation of a child, child pornography, assault, | 18 |
| aggravated assault,
battery, aggravated battery, heinous | 19 |
| battery, aggravated battery of a
child, domestic battery, | 20 |
| reckless conduct, intimidation, criminal sexual
assault, | 21 |
| predatory criminal sexual assault of a child, aggravated | 22 |
| criminal
sexual assault, criminal sexual abuse,
aggravated | 23 |
| criminal sexual abuse, violation of an order of protection,
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| disorderly conduct, endangering the life or health of a child, | 25 |
| child
abandonment, contributing to dependency or neglect of | 26 |
| child, or cruelty to
children and others; provided that the | 27 |
| offender and victim are family or
household members as defined | 28 |
| in Section 103 of the Illinois Domestic Violence
Act of 1986. | 29 |
| Upon request of the victim or the victim's representative, the
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| court shall determine whether the fine will impose an undue | 31 |
| burden on the
victim of the offense. For purposes of this | 32 |
| paragraph, the defendant may not be
considered the victim's |
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HB4288 Enrolled |
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LRB093 17812 RLC 43493 b |
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| representative. If the court finds that the fine would
impose | 2 |
| an undue burden on the victim, the court may reduce or waive | 3 |
| the fine.
The court shall order that the defendant may not use | 4 |
| funds belonging solely to
the victim of the offense for payment | 5 |
| of the fine. The circuit clerk shall
remit each fine within one | 6 |
| month of its receipt to the State Treasurer for
deposit as | 7 |
| follows: (i) for sexual assault, as defined in Section 5-9-1.7, | 8 |
| when
the offender and victim are family members, one-half to | 9 |
| the Domestic Violence
Shelter and Service Fund, and one-half to | 10 |
| the Sexual Assault Services Fund;
(ii) for the remaining | 11 |
| offenses to the Domestic Violence Shelter and Service
Fund.
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| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
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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 | 16 |
| the following
meanings ascribed to them:
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| (1) "Sexual assault" means the commission or attempted | 18 |
| commission of
the following: criminal sexual assault, | 19 |
| predatory criminal sexual assault of
a child, aggravated | 20 |
| criminal sexual assault,
criminal sexual abuse, aggravated | 21 |
| criminal sexual abuse, indecent
solicitation of a child, | 22 |
| public indecency, sexual relations within
families, | 23 |
| soliciting for a juvenile prostitute, keeping a place of | 24 |
| juvenile
prostitution, patronizing a juvenile prostitute, | 25 |
| juvenile pimping,
exploitation of a child, obscenity, | 26 |
| child pornography, or harmful material,
as those offenses | 27 |
| are defined in the Criminal Code of 1961.
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| (2) "Family member" shall have the meaning ascribed to | 29 |
| it in Section
12-12 of the Criminal Code of 1961.
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| (3) "Sexual assault organization" means any | 31 |
| not-for-profit organization
providing comprehensive, | 32 |
| community-based services to victims of sexual assault.
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| "Community-based services" include, but are not limited | 34 |
| to, direct crisis
intervention through a 24-hour response, | 35 |
| medical and legal advocacy,
counseling, information and |
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HB4288 Enrolled |
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LRB093 17812 RLC 43493 b |
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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 | 4 |
| $200
$100
shall be
imposed upon any person who pleads | 5 |
| guilty or who is convicted of, or who
receives a | 6 |
| disposition of court supervision for, a sexual assault or | 7 |
| attempt
of a sexual assault. Upon request of the victim or | 8 |
| the victim's
representative, the court shall determine | 9 |
| whether the fine will impose an
undue burden on the victim | 10 |
| of the offense. For purposes of this paragraph,
the | 11 |
| defendant may not be considered the victim's | 12 |
| representative. If the
court finds that the fine would | 13 |
| impose an undue burden on the victim, the
court may reduce | 14 |
| or waive the fine. The court shall order that the
defendant | 15 |
| may not use funds belonging solely to the victim of the | 16 |
| offense
for payment of the fine.
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| (2) Sexual assault fines shall be assessed by the court | 18 |
| imposing the
sentence and shall be collected by the circuit | 19 |
| clerk. The circuit clerk
shall retain 10% of the penalty to | 20 |
| cover the costs involved in
administering and enforcing | 21 |
| this Section. The circuit clerk shall remit
the remainder | 22 |
| 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 | 25 |
| Sexual Assault
Services Fund, and one-half to the | 26 |
| Domestic Violence Shelter and Service
Fund; and
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| (ii) for other than family member offenders, the | 28 |
| full amount to the
Sexual Assault Services Fund.
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| (c) Sexual Assault Services Fund; administration. There is | 30 |
| created a
Sexual Assault Services Fund. Moneys deposited into | 31 |
| the Fund under this
Section shall be appropriated to the | 32 |
| Department of Public Health. Upon
appropriation of moneys from | 33 |
| the Sexual Assault Services Fund, the Department
of Public | 34 |
| Health shall make grants of these moneys from the Fund to | 35 |
| sexual
assault organizations with whom the Department has | 36 |
| contracts for the purpose of
providing community-based |
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HB4288 Enrolled |
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LRB093 17812 RLC 43493 b |
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| services to victims of sexual assault. Grants made
under this | 2 |
| 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. | 5 |
| 5-29-96.)
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