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| Public Act 093-0810 | ||||
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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, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
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 | ||||
other penalty
imposed, a fine of $200
$100 shall be imposed | ||||
upon any person who
pleads guilty
or no contest to or who is | ||||
convicted of murder, voluntary manslaughter,
involuntary | ||||
manslaughter, burglary, residential burglary, criminal | ||||
trespass
to residence, criminal trespass to vehicle, criminal | ||||
trespass to land,
criminal damage to property, telephone | ||||
harassment, kidnapping, aggravated
kidnapping, unlawful | ||||
restraint, forcible detention, child abduction,
indecent | ||||
solicitation of a child, sexual relations between siblings,
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exploitation of a child, child pornography, assault, | ||||
aggravated assault,
battery, aggravated battery, heinous | ||||
battery, aggravated battery of a
child, domestic battery, | ||||
reckless conduct, intimidation, criminal sexual
assault, | ||||
predatory criminal sexual assault of a child, aggravated | ||||
criminal
sexual assault, criminal sexual abuse,
aggravated | ||||
criminal sexual abuse, violation of an order of protection,
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disorderly conduct, endangering the life or health of a child, | ||||
child
abandonment, contributing to dependency or neglect of | ||||
child, or cruelty to
children and others; provided that the | ||||
offender and victim are family or
household members as defined | ||||
in Section 103 of the Illinois Domestic Violence
Act of 1986. | ||||
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 | ||||
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. The circuit clerk shall
remit each fine within one | ||
month of its receipt to the State Treasurer for
deposit as | ||
follows: (i) for sexual assault, as defined in Section 5-9-1.7, | ||
when
the offender and victim are family members, one-half to | ||
the Domestic Violence
Shelter and Service Fund, and one-half to | ||
the Sexual Assault Services Fund;
(ii) for the remaining | ||
offenses to the Domestic Violence 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 | ||
the following
meanings ascribed to them:
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(1) "Sexual assault" means the commission or attempted | ||
commission of
the following: 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,
as those offenses | ||
are defined in the Criminal Code of 1961.
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(2) "Family member" shall have the meaning ascribed to | ||
it in Section
12-12 of the Criminal Code of 1961.
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(3) "Sexual assault organization" means any | ||
not-for-profit organization
providing comprehensive, | ||
community-based services to victims of sexual assault.
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"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.
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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 | ||
$200
$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.
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(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
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Treasurer for deposit as follows:
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(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
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(ii) for other than family member offenders, the | ||
full amount to the
Sexual Assault Services Fund.
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(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
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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. | ||
5-29-96.)
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