Full Text of HB5061 93rd General Assembly
HB5061enr 93RD GENERAL ASSEMBLY
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HB5061 Enrolled |
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LRB093 18421 RLC 46885 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 110-14 as follows:
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| (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
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| 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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| (Source: P.A. 88-287.)
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| Section 10. The Unified Code of Corrections is amended by | 19 |
| changing Section 5-9-1.7 as follows:
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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 | 23 |
| the following
meanings ascribed to them:
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| (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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| 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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LRB093 18421 RLC 46885 b |
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| prostitute, keeping a place of juvenile
prostitution, | 2 |
| patronizing a juvenile prostitute, juvenile pimping,
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| exploitation of a child, obscenity, child pornography, or
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| harmful material,
or ritualized abuse of a child, as those | 5 |
| offenses are defined in the Criminal Code of 1961.
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| (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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| (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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| "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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| (b) Sexual assault fine; collection by clerk.
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| (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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| 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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| (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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| Treasurer for deposit as follows:
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| (i) for family member offenders, one-half to the |
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LRB093 18421 RLC 46885 b |
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| Sexual Assault
Services Fund, and one-half to the | 2 |
| Domestic Violence Shelter and Service
Fund; and
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| (ii) for other than family member offenders, the | 4 |
| full amount to the
Sexual Assault Services Fund.
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| (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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| 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. | 17 |
| 5-29-96.)
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