|
|
Public Act 093-0699
|
| HB5061 Enrolled |
LRB093 18421 RLC 46885 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 110-14 as follows:
|
(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
|
Sec. 110-14. Credit for Incarceration on Bailable Offense. |
(a) Any person incarcerated on a bailable offense who does |
not supply
bail and against whom a fine is levied on conviction |
of such offense
shall be allowed a credit of $5 for each day so |
incarcerated upon application
of the defendant. However,
in no |
case shall the amount so allowed or
credited exceed the amount |
of the fine. |
(b) Subsection (a) does not apply to a person incarcerated |
for sexual assault as defined in paragraph (1) of subsection |
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
|
(Source: P.A. 88-287.)
|
Section 10. The Unified Code of Corrections is amended by |
changing Section 5-9-1.7 as follows:
|
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
|
Sec. 5-9-1.7. Sexual assault fines.
|
(a) Definitions. The terms used in this Section shall have |
the following
meanings ascribed to them:
|
(1) "Sexual assault" means the commission or attempted |
commission of
the following: sexual exploitation of a |
child, criminal sexual assault, predatory criminal sexual |
assault of
a child, aggravated criminal sexual assault,
|
criminal sexual abuse, aggravated criminal sexual abuse, |
indecent
solicitation of a child, public indecency, sexual |
relations within
families, soliciting for a juvenile |
|
prostitute, keeping a place of juvenile
prostitution, |
patronizing a juvenile prostitute, juvenile pimping,
|
exploitation of a child, obscenity, child pornography, or
|
harmful material,
or ritualized abuse of a child, as those |
offenses are defined in the Criminal Code of 1961.
|
(2) "Family member" shall have the meaning ascribed to |
it in Section
12-12 of the Criminal Code of 1961.
|
(3) "Sexual assault organization" means any |
not-for-profit organization
providing comprehensive, |
community-based services to victims of sexual assault.
|
"Community-based services" include, but are not limited |
to, direct crisis
intervention through a 24-hour response, |
medical and legal advocacy,
counseling, information and |
referral services, training, and community
education.
|
(b) Sexual assault fine; collection by clerk.
|
(1) In addition to any other penalty imposed, a fine of |
$100 shall be
imposed upon any person who pleads guilty or |
who is convicted of, or who
receives a disposition of court |
supervision for, a sexual assault or attempt
of a sexual |
assault. Upon request of the victim or the victim's
|
representative, the court shall determine whether the fine |
will impose an
undue burden on the victim of the offense. |
For purposes of this paragraph,
the defendant may not be |
considered the victim's representative. If the
court finds |
that the fine would impose an undue burden on the victim, |
the
court may reduce or waive the fine. The court shall |
order that the
defendant may not use funds belonging solely |
to the victim of the offense
for payment of the fine.
|
(2) Sexual assault fines shall be assessed by the court |
imposing the
sentence and shall be collected by the circuit |
clerk. The circuit clerk
shall retain 10% of the penalty to |
cover the costs involved in
administering and enforcing |
this Section. The circuit clerk shall remit
the remainder |
of each fine within one month of its receipt to the State
|
Treasurer for deposit as follows:
|
(i) for family member offenders, one-half to the |
|
Sexual Assault
Services Fund, and one-half to the |
Domestic Violence Shelter and Service
Fund; and
|
(ii) for other than family member offenders, the |
full amount to the
Sexual Assault Services Fund.
|
(c) Sexual Assault Services Fund; administration. There is |
created a
Sexual Assault Services Fund. Moneys deposited into |
the Fund under this
Section shall be appropriated to the |
Department of Public Health. Upon
appropriation of moneys from |
the Sexual Assault Services Fund, the Department
of Public |
Health shall make grants of these moneys from the Fund to |
sexual
assault organizations with whom the Department has |
contracts for the purpose of
providing community-based |
services to victims of sexual assault. Grants made
under this |
Section are in addition to, and are not substitutes for, other
|
grants authorized and made by the Department.
|
(Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. |
5-29-96.)
|
Translate
