Full Text of SB3500 100th General Assembly
SB3500ham001 100TH GENERAL ASSEMBLY | Rep. Litesa E. Wallace Filed: 11/27/2018
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| 1 | | AMENDMENT TO SENATE BILL 3500
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3500 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal and Traffic Assessment Act is | 5 | | amended by changing Sections 15-20 and 15-40 as follows: | 6 | | (705 ILCS 135/15-20) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date )
| 9 | | (Section scheduled to be repealed on January 1, 2021) | 10 | | Sec. 15-20. SCHEDULE 4; felony sex offenses. | 11 | | SCHEDULE 4: For a felony or attempted felony under Article | 12 | | 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of | 13 | | the Circuit Court shall collect $1,414 $1,314 and remit as | 14 | | follows: | 15 | | (1)
As the county's portion, $354 to the county treasurer, | 16 | | who shall deposit the money as follows: |
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| 1 | | (A) $20 into the Court Automation Fund; | 2 | | (B) $20 into the Court Document Storage Fund; | 3 | | (C) $5 into the Circuit Court Clerk Operation and | 4 | | Administrative Fund; | 5 | | (D) $255 into the county's General Fund; | 6 | | (E)
$10 into the Child Advocacy Center Fund; | 7 | | (F)
$2 into the State's Attorney Records Automation | 8 | | Fund; | 9 | | (G)
$2 into the Public Defender Records Automation | 10 | | Fund; | 11 | | (H) $20 into the County Jail Medical Costs Fund; and | 12 | | (I)
$20 into the Probation and Court Services Fund. | 13 | | (2)
As the State's portion, $1,060 $960 to the State | 14 | | Treasurer, who shall deposit the money as follows:
| 15 | | (A)
$520 into the State Police Operations Assistance | 16 | | Fund; | 17 | | (B)
$100 into the Violent Crime Victims Assistance | 18 | | Fund; | 19 | | (C)
$200 into the Sexual Assault Services Fund; | 20 | | (D) $100 into the Domestic Violence Shelter and | 21 | | Services Fund; | 22 | | (E) $5 into the State Police Merit Board Public Safety | 23 | | Fund; and | 24 | | (F) $35 into the Traffic and Criminal Conviction | 25 | | Surcharge Fund ; and . | 26 | | (G) $100 into the State Crime Laboratory Fund, to pay |
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| 1 | | for the costs of processing and analyzing the Illinois | 2 | | State Police Sexual Assault Evidence Collection Kits under | 3 | | Section 15 of the Sexual Assault Evidence Submission Act to | 4 | | assist in reduction of the number of un-analyzed and | 5 | | unprocessed Kits.
| 6 | | (Source: P.A. 100-987, eff. 7-1-19.) | 7 | | (705 ILCS 135/15-40) | 8 | | (This Section may contain text from a Public Act with a | 9 | | delayed effective date )
| 10 | | (Section scheduled to be repealed on January 1, 2021) | 11 | | Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.
| 12 | | SCHEDULE 8: For a misdemeanor or attempted misdemeanor | 13 | | under Article 11 of the Criminal Code of 2012, the Clerk of the | 14 | | Circuit Court shall collect $1,284 $1,184 and remit as follows: | 15 | | (1)
As the county's portion, $282 to the county treasurer, | 16 | | who shall deposit the money as follows: | 17 | | (A) $20 into the Court Automation Fund; | 18 | | (B) $20 into the Court Document Storage Fund; | 19 | | (C) $5 into the Circuit Court Clerk Operation and | 20 | | Administrative Fund; | 21 | | (D) $8 into the Circuit Court Clerk Electronic Citation | 22 | | Fund; | 23 | | (E) $185 into the county's General Fund; | 24 | | (F)
$10 into the Child Advocacy Center Fund; | 25 | | (G) $2 into the State's Attorney Records Automation |
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| 1 | | Fund; | 2 | | (H) $2 into the Public Defenders Records Automation | 3 | | Fund; | 4 | | (I)
$10 into the County Jail Medical Costs Fund; and
| 5 | | (J) $20 into the Probation and Court Services Fund. | 6 | | (2)
As the State's portion, $1,000 $900 to the State | 7 | | Treasurer, who shall deposit the money as follows: | 8 | | (A)
$500 into the State Police Operations Assistance | 9 | | Fund; | 10 | | (B)
$75 into the Violent Crime Victims Assistance Fund; | 11 | | (C)
$200 into the Sexual Assault Services Fund; | 12 | | (D) $100 into the Domestic Violence Shelter and Service | 13 | | Fund; | 14 | | (E) $5 into the State Police Merit Board Public Safety | 15 | | Fund; and | 16 | | (F) $20 into the Traffic and Criminal Conviction | 17 | | Surcharge Fund ; and . | 18 | | (G) $100 into the State Crime Laboratory Fund, to pay | 19 | | for the costs of processing and analyzing the Illinois | 20 | | State Police Sexual Assault Evidence Collection Kits under | 21 | | Section 15 of the Sexual Assault Evidence Submission Act to | 22 | | assist in reduction of the number of un-analyzed and | 23 | | unprocessed Kits. | 24 | | (3) As the arresting agency's portion, $2, to the treasurer | 25 | | of the unit of local government of the arresting agency, who | 26 | | shall deposit the money into the E-citation Fund of that unit |
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| 1 | | of local government or as provided in subsection (c) of Section | 2 | | 10-5 of this Act if the arresting agency is a State agency, | 3 | | unless more than one agency is responsible for the arrest in | 4 | | which case the amount shall be remitted to each unit of | 5 | | government equally.
| 6 | | (Source: P.A. 100-987, eff. 7-1-19.) | 7 | | Section 10. The Criminal Code of 2012 is amended by | 8 | | changing Section 33-5 as follows:
| 9 | | (720 ILCS 5/33-5)
| 10 | | Sec. 33-5. Preservation of evidence.
| 11 | | (a) It is unlawful for a
law enforcement agency
or an agent | 12 | | acting on behalf of the law enforcement agency to intentionally | 13 | | fail to comply with the provisions of subsections subsection | 14 | | (a)
or (a-5) of
Section 116-4 of
the Code of Criminal Procedure | 15 | | of 1963.
| 16 | | (b) Sentence. A person who violates this Section is guilty | 17 | | of a Class 4
felony.
| 18 | | (c) For purposes of this Section, "law enforcement agency" | 19 | | has the meaning
ascribed to it in subsection (e) of Section | 20 | | 116-4 of the Code of Criminal
Procedure of 1963.
| 21 | | (Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
| 22 | | Section 15. The Code of Criminal Procedure of 1963 is | 23 | | amended by changing Section 116-4 as follows:
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| 1 | | (725 ILCS 5/116-4)
| 2 | | Sec. 116-4. Preservation of evidence for forensic testing.
| 3 | | (a) Before or after the trial in a prosecution for a | 4 | | violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 5 | | 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal | 6 | | Code of 1961 or the Criminal Code of 2012 or in a prosecution | 7 | | for an offense defined in Article 9
of
that Code,
or in a | 8 | | prosecution for an attempt in violation of Section 8-4 of that | 9 | | Code
of any of the above-enumerated
offenses, unless otherwise | 10 | | provided herein under subsection (b) or (c) this Section , a law
| 11 | | enforcement agency
or an agent acting on behalf of the law | 12 | | enforcement agency shall
preserve, subject to a continuous | 13 | | chain of
custody, any
physical evidence
in their possession or | 14 | | control that is reasonably likely to contain forensic
evidence,
| 15 | | including, but not limited to, fingerprints or biological | 16 | | material
secured in relation to a trial and with sufficient
| 17 | | documentation to locate
that evidence.
| 18 | | (a-5) Notwithstanding any provision of this Code to the | 19 | | contrary, forensic testing that would result in the complete | 20 | | consumption of an evidentiary sample shall be permitted if the | 21 | | forensic testing utilizes methods sufficiently established in | 22 | | the particular field that have gained general acceptance and | 23 | | the forensic testing was not conducted in bad faith. | 24 | | (b) After a judgment of conviction is entered,
the evidence | 25 | | shall
either be impounded
with the Clerk of the Circuit Court |
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| 1 | | or shall be securely retained by a law
enforcement agency.
| 2 | | Retention shall be
permanent in cases where a sentence of death | 3 | | is imposed. Retention shall be
until the
completion of the | 4 | | sentence, including the period of mandatory supervised
release | 5 | | for the
offense, or January 1, 2006, whichever is later, for | 6 | | any conviction for an
offense or an attempt of an offense | 7 | | defined
in Article 9 of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, | 9 | | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012 or for 7 | 11 | | years following any conviction for any other felony for which
| 12 | | the
defendant's
genetic profile may be taken by a law | 13 | | enforcement agency and submitted for
comparison in a forensic | 14 | | DNA database for unsolved offenses.
| 15 | | (c) After a judgment of conviction is entered, the
law
| 16 | | enforcement agency
required to retain evidence described in | 17 | | subsection
(a) may petition the court
with notice to the
| 18 | | defendant or, in cases where the defendant has died, his or her | 19 | | estate, his or her attorney
of record, or an attorney appointed | 20 | | for that purpose by the court
for entry
of an order allowing it | 21 | | to dispose of evidence if, after a
hearing, the court
| 22 | | determines by a preponderance of the evidence that:
| 23 | | (1) it has no significant value for forensic science | 24 | | analysis and
should
be
returned to its rightful owner, | 25 | | destroyed, used for training purposes, or as
otherwise | 26 | | provided by law; or
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| 1 | | (2) it has no significant value for forensic science | 2 | | analysis and is of
a size,
bulk, or physical character not | 3 | | usually retained by the law enforcement
agency and cannot | 4 | | practicably be retained by the law enforcement
agency; or
| 5 | | (3) there no longer exists a reasonable basis to | 6 | | require the
preservation of the
evidence because of the | 7 | | death of the defendant; however, this paragraph (3)
does | 8 | | not
apply if a sentence of death was imposed.
| 9 | | (d) The court may order the disposition of the evidence if | 10 | | the
defendant is allowed
the opportunity to take reasonable | 11 | | measures to remove or preserve portions of
the evidence in
| 12 | | question for future testing.
| 13 | | (d-5) Any order allowing the disposition of evidence | 14 | | pursuant to
subsection (c)
or (d)
shall be a final and | 15 | | appealable order. No evidence shall be disposed of until
30 | 16 | | days after
the order is entered, and if a notice of appeal is | 17 | | filed, no evidence shall be
disposed of
until the mandate has | 18 | | been received by the circuit court from the appellate
court.
| 19 | | (d-10) All records documenting the possession,
control, | 20 | | storage, and destruction of evidence and all police reports, | 21 | | evidence
control or inventory records, and other reports cited | 22 | | in this Section,
including computer records, must be
retained | 23 | | for as
long as the evidence exists and may not be disposed of | 24 | | without the approval of
the Local
Records Commission.
| 25 | | (e) In this Section, "law enforcement agency"
includes any | 26 | | of the following or an agent acting on behalf of any of the
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| 1 | | following:
a municipal police department, county sheriff's | 2 | | office, any prosecuting
authority,
the Department of State | 3 | | Police, or any other State, university, county,
federal, or
| 4 | | municipal police
unit or police force.
| 5 | | "Biological material" includes, but is not limited to, any | 6 | | blood, hair,
saliva, or semen from which
genetic marker | 7 | | groupings may be obtained.
| 8 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 9 | | Section 20. The Unified Code of Corrections is amended by | 10 | | changing Section 5-9-1.7 as follows:
| 11 | | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| 12 | | (Text of Section before amendment by P.A. 100-987 )
| 13 | | Sec. 5-9-1.7. Sexual assault fines ; sex offense | 14 | | assessments .
| 15 | | (a) Definitions. In The terms used in this Section shall | 16 | | have the following
meanings ascribed to them :
| 17 | | (1) "Sexual assault" means the commission or attempted | 18 | | commission of
the following: sexual exploitation of a | 19 | | child, criminal sexual assault, predatory criminal sexual | 20 | | assault of
a child, aggravated criminal sexual assault,
| 21 | | criminal sexual abuse, aggravated criminal sexual abuse, | 22 | | indecent
solicitation of a child, public indecency, sexual | 23 | | relations within
families, promoting juvenile | 24 | | prostitution, soliciting for a juvenile prostitute, |
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| 1 | | keeping a place of juvenile
prostitution, patronizing a | 2 | | juvenile prostitute, juvenile pimping,
exploitation of a | 3 | | child, obscenity, child pornography,
aggravated child | 4 | | pornography, harmful material,
or ritualized abuse of a | 5 | | child, as those offenses are defined in the Criminal Code | 6 | | of 1961 or the Criminal Code of 2012.
| 7 | | (2) "Family member" shall have the meaning ascribed to | 8 | | it in Section 11-0.1
of the Criminal Code of 2012.
| 9 | | (3) "Sexual assault organization" means any | 10 | | not-for-profit organization
providing comprehensive, | 11 | | community-based services to victims of sexual assault.
| 12 | | "Community-based services" include, but are not limited | 13 | | to, direct crisis
intervention through a 24-hour response, | 14 | | medical and legal advocacy,
counseling, information and | 15 | | referral services, training, and community
education.
| 16 | | (4) "Sex offense" means the commission or attempted | 17 | | commission of an offense defined in Article 11 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012, except | 19 | | prostitution, duty of commercial film and photographic | 20 | | print processors or computer technicians to report sexual | 21 | | depiction of children, tie-in
sales of obscene | 22 | | publications to distributors, public indecency, adultery, | 23 | | fornication, bigamy, or marrying a bigamist. | 24 | | (b) Sexual assault fine and sex offense assessment ; | 25 | | collection by clerk.
| 26 | | (1) In addition to any other penalty imposed, a sexual |
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| 1 | | assault fine of $200 shall be
imposed upon any person who | 2 | | pleads guilty or who is convicted of, or who
receives a | 3 | | disposition of court supervision for, a sexual assault or | 4 | | attempt
of a sexual assault , and a sex offense assessment | 5 | | of $100 shall be
imposed upon any person who pleads guilty | 6 | | or who is convicted of, or who
receives a disposition of | 7 | | court supervision for, a sex offense or attempt
of a sex | 8 | | offense . Upon request of the victim or the victim's
| 9 | | representative, the court shall determine whether the | 10 | | fine , assessment, or both, will impose an
undue burden on | 11 | | the victim of the offense. For purposes of this paragraph,
| 12 | | the defendant may not be considered the victim's | 13 | | representative. If the
court finds that the fine , | 14 | | assessment, or both, would impose an undue burden on the | 15 | | victim, the
court may reduce or waive the fine , assessment, | 16 | | or both . The court shall order that the
defendant may not | 17 | | use funds belonging solely to the victim of the offense
for | 18 | | payment of the fine or assessment .
| 19 | | (2) Sexual assault fines and sex offense assessments | 20 | | shall be assessed by the court imposing the
sentence and | 21 | | shall be collected by the circuit clerk. The circuit clerk
| 22 | | shall retain 10% of the sexual assault fine penalty to | 23 | | cover the costs involved in
administering and enforcing | 24 | | this Section. The circuit court clerk shall remit the sex | 25 | | offense assessment within one month after receipt to the | 26 | | State Treasurer for deposit in the State Crime Laboratory |
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| 1 | | Fund to pay for the costs of processing and analyzing the | 2 | | Illinois State Police Sexual Assault Evidence Collection | 3 | | Kits under Section 15 of the Sexual Assault Evidence | 4 | | Submission Act to assist in reduction of the number of | 5 | | un-analyzed and unprocessed Kits. The circuit clerk shall | 6 | | remit
the remainder of each sexual assault fine within one | 7 | | month of its receipt to the State
Treasurer for deposit as | 8 | | follows:
| 9 | | (i) for family member offenders, one-half to the | 10 | | Sexual Assault
Services Fund, and one-half to the | 11 | | Domestic Violence Shelter and Service
Fund; and
| 12 | | (ii) for other than family member offenders, the | 13 | | full amount to the
Sexual Assault Services Fund.
| 14 | | (c) Sexual Assault Services Fund; administration. There is | 15 | | created a
Sexual Assault Services Fund. Moneys deposited into | 16 | | the Fund under this
Section shall be appropriated to the | 17 | | Department of Public Health. Upon
appropriation of moneys from | 18 | | the Sexual Assault Services Fund, the Department
of Public | 19 | | Health shall make grants of these moneys from the Fund to | 20 | | sexual
assault organizations with whom the Department has | 21 | | contracts for the purpose of
providing community-based | 22 | | services to victims of sexual assault. Grants made
under this | 23 | | Section are in addition to, and are not substitutes for, other
| 24 | | grants authorized and made by the Department.
| 25 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; | 26 | | 97-1150, eff. 1-25-13.)
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| 1 | | (Text of Section after amendment by P.A. 100-987 )
| 2 | | Sec. 5-9-1.7. Sexual assault fines ; sex offense | 3 | | assessments .
| 4 | | (a) Definitions. In The terms used in this Section shall | 5 | | have the following
meanings ascribed to them :
| 6 | | (1) "Sexual assault" means the commission or attempted | 7 | | commission of
the following: sexual exploitation of a | 8 | | child, criminal sexual assault, predatory criminal sexual | 9 | | assault of
a child, aggravated criminal sexual assault,
| 10 | | criminal sexual abuse, aggravated criminal sexual abuse, | 11 | | indecent
solicitation of a child, public indecency, sexual | 12 | | relations within
families, promoting juvenile | 13 | | prostitution, soliciting for a juvenile prostitute, | 14 | | keeping a place of juvenile
prostitution, patronizing a | 15 | | juvenile prostitute, juvenile pimping,
exploitation of a | 16 | | child, obscenity, child pornography,
aggravated child | 17 | | pornography, harmful material,
or ritualized abuse of a | 18 | | child, as those offenses are defined in the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012.
| 20 | | (2) (Blank).
| 21 | | (3) "Sexual assault organization" means any | 22 | | not-for-profit organization
providing comprehensive, | 23 | | community-based services to victims of sexual assault.
| 24 | | "Community-based services" include, but are not limited | 25 | | to, direct crisis
intervention through a 24-hour response, |
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| 1 | | medical and legal advocacy,
counseling, information and | 2 | | referral services, training, and community
education.
| 3 | | (4) "Sex offense" means the commission or attempted | 4 | | commission of an offense defined in Article 11 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, except | 6 | | prostitution, duty of commercial film and photographic | 7 | | print processors or computer technicians to report sexual | 8 | | depiction of children, tie-in
sales of obscene | 9 | | publications to distributors, public indecency, adultery, | 10 | | fornication, bigamy, or marrying a bigamist. | 11 | | (b) (Blank).
| 12 | | (c) Sexual Assault Services Fund; administration. There is | 13 | | created a
Sexual Assault Services Fund. Moneys deposited into | 14 | | the Fund under Section 15-20 and 15-40 of the Criminal and | 15 | | Traffic Assessment Act shall be appropriated to the Department | 16 | | of Public Health. Upon
appropriation of moneys from the Sexual | 17 | | Assault Services Fund, the Department
of Public Health shall | 18 | | make grants of these moneys from the Fund to sexual
assault | 19 | | organizations with whom the Department has contracts for the | 20 | | purpose of
providing community-based services to victims of | 21 | | sexual assault. Grants made
under this Section are in addition | 22 | | to, and are not substitutes for, other
grants authorized and | 23 | | made by the Department.
| 24 | | (Source: P.A. 100-987, eff. 7-1-19.)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.".
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