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| Public Act 098-0058 | ||||
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AN ACT concerning 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 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
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undertaking of a gang.
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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
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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
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Crime Witness Protection Program. Assistance shall be subject | ||
to the following
limitations:
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(a) Funds shall be limited to payment of the following:
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(1) temporary living costs;
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(2) moving expenses;
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(3) rent;
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(4) security deposits; and
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(5) other appropriate expenses of relocation or | ||
transition;
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(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;
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(c) Counties providing assistance consistent with the | ||
limitations in this
Act may apply for reimbursement of up | ||
to 75% of their costs; and
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(d) No more than 50% of funding available in any given | ||
fiscal year may be
used for costs associated with any | ||
single county.
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(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
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perpetrators of gang crime, and appropriate related persons.
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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.
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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. | ||