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| Public Act 097-1151 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Criminal Justice Information Act is | ||||
amended by changing Sections 2 and 4 and by adding Sections | ||||
10.1 and 10.2 as follows:
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(20 ILCS 3930/2) (from Ch. 38, par. 210-2)
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Sec. 2. Purpose of Act. The purpose of this Act is to | ||||
coordinate the
use of information in the criminal justice | ||||
system; to promulgate effective
criminal justice information | ||||
policy; to encourage the improvement of criminal
justice agency | ||||
procedures and practices with respect to information; to
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provide new information technologies; to permit the evaluation | ||||
of information
practices and programs; to stimulate research | ||||
and development of new methods
and uses of criminal justice | ||||
information for the improvement of the criminal
justice system | ||||
and the reduction of crime; and to protect the integrity
of | ||||
criminal history record information, while protecting the | ||||
citizen's right to privacy; and to coordinate statewide | ||||
violence prevention efforts and develop a statewide plan that | ||||
includes public health and public safety approaches to violence | ||||
prevention in families, communities, and schools.
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(Source: P.A. 82-1039.)
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(20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||
Sec. 4. Illinois Criminal Justice Information Authority; | ||
creation,
membership, and meetings. There is created an | ||
Illinois Criminal Justice
Information Authority consisting of | ||
25 23 members. The membership of
the
Authority shall consist of | ||
the Illinois Attorney General, or his or her
designee, the | ||
Director of the Illinois Department of Corrections, the | ||
Director
of the Illinois Department of State Police, the | ||
Director of Public Health, the Director of Children and Family | ||
Services, the Sheriff of Cook County, the
State's Attorney of | ||
Cook County, the clerk of the circuit court of Cook
County, the | ||
President of the Cook County Board of Commissioners, the | ||
Superintendent of the Chicago Police
Department, the Director | ||
of the Office of the State's Attorneys Appellate
Prosecutor, | ||
the Executive Director of the Illinois Law Enforcement Training
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Standards Board, the State Appellate Defender, the Public | ||
Defender of Cook County, and the following additional
members, | ||
each of whom
shall be appointed by the Governor: a circuit | ||
court clerk, a sheriff,
a State's Attorney of a
county other | ||
than Cook, a Public Defender of a county other than Cook, a | ||
chief of police, and 6 members of the
general public. | ||
The Governor from time to time shall designate a Chairman | ||
of the Authority
from the membership. All members of the | ||
Authority appointed by the Governor
shall serve at the pleasure | ||
of the Governor for a term not to exceed 4 years.
The initial | ||
appointed members of the Authority shall serve from January,
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1983 until the third Monday in January, 1987 or until their | ||
successors are
appointed. | ||
The Authority shall meet at least quarterly, and all | ||
meetings of the
Authority shall be called by the Chairman. | ||
(Source: P.A. 96-1343, eff. 1-1-11.) | ||
(20 ILCS 3930/10.1 new) | ||
Sec. 10.1. Transfer of Illinois Violence Prevention | ||
Authority. | ||
(a) The Illinois Criminal Justice Information Authority, | ||
through its board, existing committees, and any committee or | ||
committees created on or after the effective date of this | ||
amendatory Act of the 97th General Assembly by law or pursuant | ||
to administrative rules of the Authority shall assume the | ||
powers, duties, rights, and responsibilities transferred from | ||
the Illinois Violence Prevention Authority to the Illinois | ||
Criminal Justice Information Authority on the effective date of | ||
this amendatory Act of the 97th General Assembly, including the | ||
powers, duties, rights, and responsibilities: | ||
(1) to coordinate Statewide violence prevention | ||
efforts and development of a Statewide plan that | ||
incorporates public health and public safety approaches to | ||
violence prevention in families, communities, and schools; | ||
(2) to seek and receive funds that may be available | ||
from private and public sources for violence prevention | ||
efforts; | ||
(3) to distribute, pursuant to Authority rules and | ||
subject to available appropriations and other funds | ||
received for the purposes of this Act or the Illinois | ||
Violence Prevention Act of 1995, grants to community and | ||
Statewide organizations, other units of local and State | ||
government, and public school districts that address | ||
violence prevention in a comprehensive and collaborative | ||
manner, including, but not limited to, (A) community-based | ||
youth violence prevention programs, such as mentoring | ||
programs, after-school programs, and job training or | ||
development programs, (B) programs for the implementation | ||
and evaluation of comprehensive school-based violence | ||
prevention programs from prekindergarten through 12th | ||
grade, (C) early childhood intervention programs designed | ||
to prevent violence and identify and serve young children | ||
and families at risk, (D) family violence and sexual | ||
assault prevention initiatives, (E) programs that | ||
integrate violence prevention initiatives with alcohol and | ||
substance abuse prevention efforts, (F) programs that | ||
integrate violence prevention services with health care | ||
provisions, and (G) programs to support innovative | ||
community policing or law enforcement approaches to | ||
violence prevention; and | ||
(4) to provide technical assistance and training to | ||
help build the capacity of communities, organizations, and | ||
systems to develop, implement, and evaluate violence | ||
prevention programs. | ||
(b) As soon as practicable after the effective date of this | ||
amendatory Act of the 97th General Assembly, the personnel of | ||
the Illinois Violence Prevention Authority shall be | ||
transferred to the Illinois Criminal Justice Information | ||
Authority. The status and rights of those employees under the | ||
Personnel Code shall not be affected by the transfer. The | ||
rights of the employees and the State of Illinois and its | ||
agencies under the Personnel Code and applicable collective | ||
bargaining agreements or under any pension, retirement, or | ||
annuity plan shall not be affected by this amendatory Act. | ||
(c) As soon as practicable after the effective date of this | ||
amendatory Act of the 97th General Assembly, all books, | ||
records, papers, documents, property (real and personal), | ||
contracts, causes of action, and pending business pertaining to | ||
the powers, duties, rights, and responsibilities transferred | ||
by this amendatory Act of the 97th General Assembly from the | ||
Illinois Violence Prevention Authority to the Illinois | ||
Criminal Justice Information Authority, including, but not | ||
limited to, material in electronic or magnetic format and | ||
necessary computer hardware and software, shall be transferred | ||
to the Illinois Criminal Justice Information Authority. | ||
(d) As soon as practicable after the effective date of this | ||
amendatory Act of the 97th General Assembly, all unexpended | ||
appropriations and balances and other funds available for use | ||
by the Illinois Violence Prevention Authority shall be | ||
transferred for use by the Illinois Criminal Justice | ||
Information Authority. Unexpended balances so transferred | ||
shall be expended only for the purpose for which the | ||
appropriations were originally made. | ||
(e) The powers, duties, rights, and responsibilities | ||
transferred from the Illinois Violence Prevention Authority by | ||
this amendatory Act of the 97th General Assembly shall be | ||
vested in and shall be exercised by the Illinois Criminal | ||
Justice Information Authority. | ||
(f) Whenever reports or notices are now required to be made | ||
or given or papers or documents furnished or served by any | ||
person to or upon the Illinois Violence Prevention Authority in | ||
connection with any of the powers, duties, rights, and | ||
responsibilities transferred by this amendatory Act of the 97th | ||
General Assembly, the same shall be made, given, furnished, or | ||
served in the same manner to or upon the Illinois Criminal | ||
Justice Information Authority. | ||
(g) This amendatory Act of the 97th General Assembly does | ||
not affect any act done, ratified, or canceled or any right | ||
occurring or established or any action or proceeding had or | ||
commenced in an administrative, civil, or criminal cause by the | ||
Illinois Violence Prevention Authority before this amendatory | ||
Act of the 97th General Assembly takes effect; such actions or | ||
proceedings may be prosecuted and continued by the Illinois | ||
Criminal Justice Information Authority. | ||
(h) Any rules of the Illinois Violence Prevention Authority | ||
that relate to its powers, duties,
rights, and responsibilities | ||
and are in full force on the effective date of this amendatory | ||
Act of the 97th General Assembly shall become the rules of the | ||
Illinois Criminal Justice Information Authority. This | ||
amendatory Act of the 97th General Assembly does not affect the | ||
legality of any such rules in the Illinois Administrative Code. | ||
Illinois Criminal Justice Information Authority rules shall | ||
control in instances where the rules overlap or are otherwise | ||
inconsistent. | ||
Any proposed rules filed with the Secretary of State by the | ||
Illinois Violence Prevention Authority that are pending in the | ||
rulemaking process on the effective date of this amendatory Act | ||
of the 97th General Assembly and pertain to the powers, duties,
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rights, and responsibilities transferred, shall be deemed to | ||
have been filed by the Illinois Criminal Justice Information | ||
Authority. As soon as practicable after the effective date of | ||
this amendatory Act of the 97th General Assembly, the Illinois | ||
Criminal Justice Information Authority shall revise and | ||
clarify the rules transferred to it under this amendatory Act | ||
to reflect the reorganization of powers, duties,
rights, and | ||
responsibilities affected by this amendatory Act, using the | ||
procedures for recodification of rules available under the | ||
Illinois Administrative Procedure Act, except that existing | ||
title, part, and section numbering for the affected rules may | ||
be retained. The Illinois Criminal Justice Information | ||
Authority may propose and adopt under the Illinois | ||
Administrative Procedure Act such other rules of the Illinois | ||
Violence Prevention Authority that will now be administered by | ||
the Illinois Criminal Justice Information Authority. | ||
(i) To the extent that, prior to the effective date of this | ||
amendatory Act of the 97th General Assembly, the Executive | ||
Director of the Illinois Violence Prevention Authority had been | ||
empowered to prescribe rules with regard to the powers, duties,
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rights, and responsibilities of the Illinois Violence | ||
Prevention Authority, such duties shall be exercised solely by | ||
the Executive Director of the Illinois Criminal Justice | ||
Information Authority, beginning on the effective date of this | ||
amendatory Act of the 97th General Assembly. | ||
(20 ILCS 3930/10.2 new) | ||
Sec. 10.2. ICJIA Violence Prevention Fund. | ||
(a) The ICJIA Violence Prevention Fund is hereby | ||
established as a special fund in the State Treasury into which | ||
funds received from private, state, or federal sources | ||
specifically for violence prevention may be deposited, and from | ||
which funds shall be appropriated to the Authority for the | ||
purpose of exercising the powers specified in items (1) through | ||
(4) of subsection (a) of Section 10.1 of this Act. | ||
(b) The Fund is a continuation of the Violence Prevention | ||
Fund, which was created under Section 20 of the Illinois | ||
Violence Prevention Act and repealed by this amendatory Act of | ||
the 97th General Assembly. | ||
(c) Unexpended balances transferred by this amendatory Act | ||
of the 97th General Assembly may be expended by the Authority | ||
but only for the purpose for which the appropriation was | ||
originally made.
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(20 ILCS 4027/5 rep.)
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(20 ILCS 4027/10 rep.)
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(20 ILCS 4027/15 rep.)
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Section 10. The Illinois Violence Prevention Act of 1995 is | ||
amended by repealing Sections 5, 10, and 15. | ||
(20 ILCS 4027/Act rep.) | ||
Section 15. The Illinois Violence Prevention Act of 1995 is | ||
repealed. | ||
Section 20. The State Finance Act is amended by changing | ||
Section 5.424 as follows:
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(30 ILCS 105/5.424)
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Sec. 5.424. The ICJIA Violence Prevention Fund. | ||
(Source: P.A. 89-353, eff. 8-17-95; 89-626, eff. 8-9-96.)
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Section 35. The Illinois Vehicle Code is amended by | ||
changing Section 3-630 as follows:
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(625 ILCS 5/3-630)
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Sec. 3-630. Violence prevention license plate.
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(a) The Secretary, upon receipt of an application made in | ||
the form
prescribed by the Secretary of State, may issue | ||
special registration plates
designated to be Violence | ||
Prevention plates. The special plates issued under
this Section | ||
shall be affixed only to passenger vehicles of the first | ||
division
or motor vehicles of the second division weighing not | ||
more than 8,000 pounds.
Plates issued under this Section shall | ||
expire according to the multi-year
procedure established by | ||
Section 3-414.1 of this Code.
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(b) The design and color of the plates shall be wholly | ||
within the discretion
of the Secretary of State. Appropriate | ||
documentation, as determined by the
Secretary, shall accompany | ||
the application.
Beginning January 1, 1999, the Secretary may, | ||
in his or her discretion, allow
the plates to be issued as | ||
vanity plates or personalized in accordance with
Section | ||
3-405.1 of this Code.
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(c) An applicant shall be charged a $40 dollar fee for | ||
original issuance
in addition to the appropriate registration | ||
fee, if applicable. Of this fee,
$25 shall be deposited into | ||
the ICJIA Violence Prevention Fund as created by this Act
and | ||
$15 shall be deposited into the Secretary of State Special | ||
License Plate
Fund to be used by the Secretary of State to help | ||
defray the administrative
processing costs. For each | ||
registration renewal period a $27 fee, in addition
to the | ||
appropriate registration fee, shall be charged. Of this fee, | ||
$25 shall
be deposited into the ICJIA Violence Prevention Fund | ||
and $2 shall be deposited into
the Secretary of State Special | ||
License Plate Fund.
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(Source: P.A. 89-353, eff. 8-17-95; 89-626, eff. 8-9-96; | ||
90-619, eff. 1-1-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law, except that Section 15 takes effect on June 30, | ||
2013.
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