Full Text of HB6699 093rd General Assembly
HB6699 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6699
Introduced 02/09/04, by Raymond Poe - Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/5.625 new |
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730 ILCS 5/5-9-1.5 |
from Ch. 38, par. 1005-9-1.5 |
730 ILCS 5/5-9-1.7 |
from Ch. 38, par. 1005-9-1.7 |
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Amends the State Finance Act. Creates the Domestic Violence Healthcare Response Training Fund in the State Treasury. Amends the Unified Code of Corrections. Increases the domestic violence fine
and the sexual assault fine from $100 to $200.
Provides that when the offender and victim are family members, one-quarter of the fine shall be deposited into the Sexual Assault Services Fund and one-quarter into the Domestic Violence Healthcare Response Training Fund. Establishes the purposes for which moneys may be appropriated from the Domestic Violence Healthcare Response Training Fund. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6699 |
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LRB093 18062 RLC 43749 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 State Finance Act is amended by adding | 5 |
| Section 5.625 as follows: | 6 |
| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Domestic Violence Healthcare Response | 8 |
| Training Fund.
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| Section 10. The Unified Code of Corrections is amended by | 10 |
| 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 | 13 |
| other penalty
imposed, a fine of $200
$100 shall be imposed | 14 |
| upon any person who
pleads guilty
or no contest to or who is | 15 |
| convicted of murder, voluntary manslaughter,
involuntary | 16 |
| manslaughter, burglary, residential burglary, criminal | 17 |
| trespass
to residence, criminal trespass to vehicle, criminal | 18 |
| trespass to land,
criminal damage to property, telephone | 19 |
| harassment, kidnapping, aggravated
kidnapping, unlawful | 20 |
| restraint, forcible detention, child abduction,
indecent | 21 |
| solicitation of a child, sexual relations between siblings,
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| exploitation of a child, child pornography, assault, | 23 |
| aggravated assault,
battery, aggravated battery, heinous | 24 |
| battery, aggravated battery of a
child, domestic battery, | 25 |
| reckless conduct, intimidation, criminal sexual
assault, | 26 |
| predatory criminal sexual assault of a child, aggravated | 27 |
| criminal
sexual assault, criminal sexual abuse,
aggravated | 28 |
| criminal sexual abuse, violation of an order of protection,
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| disorderly conduct, endangering the life or health of a child, | 30 |
| child
abandonment, contributing to dependency or neglect of |
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HB6699 |
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LRB093 18062 RLC 43749 b |
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| child, or cruelty to
children and others; provided that the | 2 |
| offender and victim are family or
household members as defined | 3 |
| in Section 103 of the Illinois Domestic Violence
Act of 1986. | 4 |
| 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 | 6 |
| burden on the
victim of the offense. For purposes of this | 7 |
| paragraph, the defendant may not be
considered the victim's | 8 |
| representative. If the court finds that the fine would
impose | 9 |
| an undue burden on the victim, the court may reduce or waive | 10 |
| the fine.
The court shall order that the defendant may not use | 11 |
| funds belonging solely to
the victim of the offense for payment | 12 |
| of the fine. The circuit clerk shall
remit each fine within one | 13 |
| month of its receipt to the State Treasurer for
deposit as | 14 |
| follows: (i) for sexual assault, as defined in Section 5-9-1.7, | 15 |
| when
the offender and victim are family members, one-half to | 16 |
| the Domestic Violence
Shelter and Service Fund, one-quarter
and | 17 |
| one-half to the Sexual Assault Services Fund , and one-quarter | 18 |
| to the Domestic Violence Healthcare Response Training Fund ;
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| (ii) for the remaining offenses to the Domestic Violence | 20 |
| 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 | 25 |
| the following
meanings ascribed to them:
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| (1) "Sexual assault" means the commission or attempted | 27 |
| commission of
the following: criminal sexual assault, | 28 |
| predatory criminal sexual assault of
a child, aggravated | 29 |
| criminal sexual assault,
criminal sexual abuse, aggravated | 30 |
| criminal sexual abuse, indecent
solicitation of a child, | 31 |
| public indecency, sexual relations within
families, | 32 |
| soliciting for a juvenile prostitute, keeping a place of | 33 |
| juvenile
prostitution, patronizing a juvenile prostitute, | 34 |
| juvenile pimping,
exploitation of a child, obscenity, | 35 |
| child pornography, or harmful material,
as those offenses |
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HB6699 |
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LRB093 18062 RLC 43749 b |
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| are defined in the Criminal Code of 1961.
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| (2) "Family member" shall have the meaning ascribed to | 3 |
| it in Section
12-12 of the Criminal Code of 1961.
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| (3) "Sexual assault organization" means any | 5 |
| not-for-profit organization
providing comprehensive, | 6 |
| community-based services to victims of sexual assault.
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| "Community-based services" include, but are not limited | 8 |
| to, direct crisis
intervention through a 24-hour response, | 9 |
| medical and legal advocacy,
counseling, information and | 10 |
| 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 | 13 |
| $200
$100
shall be
imposed upon any person who pleads | 14 |
| guilty or who is convicted of, or who
receives a | 15 |
| disposition of court supervision for, a sexual assault or | 16 |
| attempt
of a sexual assault. Upon request of the victim or | 17 |
| the victim's
representative, the court shall determine | 18 |
| whether the fine will impose an
undue burden on the victim | 19 |
| of the offense. For purposes of this paragraph,
the | 20 |
| defendant may not be considered the victim's | 21 |
| representative. If the
court finds that the fine would | 22 |
| impose an undue burden on the victim, the
court may reduce | 23 |
| or waive the fine. The court shall order that the
defendant | 24 |
| may not use funds belonging solely to the victim of the | 25 |
| offense
for payment of the fine.
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| (2) Sexual assault fines shall be assessed by the court | 27 |
| imposing the
sentence and shall be collected by the circuit | 28 |
| clerk. The circuit clerk
shall retain 10% of the penalty to | 29 |
| cover the costs involved in
administering and enforcing | 30 |
| this Section. The circuit clerk shall remit
the remainder | 31 |
| 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-quarter
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| one-half to the Sexual Assault
Services Fund, one | 35 |
| quarter to the Domestic Violence Healthcare Response | 36 |
| Training Fund, and one-half to the Domestic Violence |
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HB6699 |
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LRB093 18062 RLC 43749 b |
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| Shelter and Service
Fund; and
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| (ii) for other than family member offenders, the | 3 |
| full amount to the
Sexual Assault Services Fund.
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| (c) Sexual Assault Services Fund; administration. There is | 5 |
| created a
Sexual Assault Services Fund. Moneys deposited into | 6 |
| the Fund under this
Section shall be appropriated to the | 7 |
| Department of Public Health. Upon
appropriation of moneys from | 8 |
| the Sexual Assault Services Fund, the Department
of Public | 9 |
| Health shall make grants of these moneys from the Fund to | 10 |
| sexual
assault organizations with whom the Department has | 11 |
| contracts for the purpose of
providing community-based | 12 |
| services to victims of sexual assault. Grants made
under this | 13 |
| Section are in addition to, and are not substitutes for, other
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| grants authorized and made by the Department. | 15 |
| (d) The Domestic Violence Healthcare Response Training | 16 |
| Fund is created as a special fund in the State treasury. Moneys | 17 |
| deposited into the Fund under this
Section and Section 5-9-1.5 | 18 |
| shall be appropriated to the Department of Public Health. Upon
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| appropriation of moneys from the Domestic Violence Healthcare | 20 |
| Response Training Fund, the Department
of Public Health shall | 21 |
| make grants of these moneys from the Fund to sexual
assault | 22 |
| organizations with whom the Department has contracts for the | 23 |
| purpose of
providing training to persons who provide healthcare | 24 |
| services to victims of sexual assault. Grants made
under this | 25 |
| 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. | 28 |
| 5-29-96.)
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