Illinois General Assembly - Full Text of Public Act 098-0058

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Public Act 098-0058

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Public Act 0058 98TH GENERAL ASSEMBLY

Public Act 098-0058

HB1139 Enrolled LRB098 04311 RLC 34338 b

    AN ACT concerning criminal law.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 1. Short title. This Act may be cited as the Gang
Crime Witness Protection Act of 2013.

    Section 5. Definition. As used in this Act, "gang crime"
means any criminal offense committed by a member of a "gang" as
that term is defined in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act when the offense is in
furtherance of any activity, enterprise, pursuit, or
undertaking of a gang.

    Section 10. Program. Subject to appropriation, the
Illinois Criminal Justice Information Authority shall
establish and administer a program to assist victims and
witnesses who are actively aiding in the prosecution of
perpetrators of gang crime, and appropriate related persons.
Financial assistance may be provided, upon application by a
State's Attorney or the Attorney General, or a chief executive
of a police agency with the approval from the State's Attorney
or Attorney General, investigating or prosecuting a gang crime
occurring under the State's Attorney's or Attorney General's
respective jurisdiction, from funds deposited in the Gang Crime
Witness Protection Program Fund and appropriated from that Fund
for the purposes of this Act.

    Section 15. Funding. The Illinois Criminal Justice
Information Authority, in consultation with the Attorney
General, shall adopt rules for the implementation of the Gang
Crime Witness Protection Program. Assistance shall be subject
to the following limitations:
        (a) Funds shall be limited to payment of the following:
            (1) temporary living costs;
            (2) moving expenses;
            (3) rent;
            (4) security deposits; and
            (5) other appropriate expenses of relocation or
        transition;
        (b) Approval of applications made by State's Attorneys
    shall be conditioned upon county funding for costs at a
    level of at least 25%, unless this requirement is waived by
    the administrator, in accordance with adopted rules, for
    good cause shown;
        (c) Counties providing assistance consistent with the
    limitations in this Act may apply for reimbursement of up
    to 75% of their costs; and
        (d) No more than 50% of funding available in any given
    fiscal year may be used for costs associated with any
    single county.
        (e) Before the Illinois Criminal Justice Information
    Authority distributes moneys from the Gang Crime Witness
    Protection Program Fund as provided in this Section, it
    shall retain 2% of those moneys for administrative
    purposes.

    Section 20. Gang Crime Witness Protection Program Fund.
There is created in the State Treasury the Gang Crime Witness
Protection Program Fund into which shall be deposited
appropriated funds, grants, or other funds made available to
the Illinois Criminal Justice Information Authority to assist
State's Attorneys and the Attorney General in protecting
victims and witnesses who are aiding in the prosecution of
perpetrators of gang crime, and appropriate related persons.
Within 30 days after the effective date of this Act, all moneys
in the Gang Crime Witness Protection Fund shall be transferred
into the Gang Crime Witness Protection Program Fund.

    Section 25. Beginning of operation. The program created by
this Act shall begin operation on July 1, 2013.

    Section 90. The State Finance Act is amended by adding
Section 5.826 as follows:

    (30 ILCS 105/5.826 new)
    Sec. 5.826. The Gang Crime Witness Protection Program Fund.

    Section 99. Effective date. This Act takes effect July 1,
2013.

Effective Date: 07/08/2013

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