SB3500ham001 100TH GENERAL ASSEMBLY

Rep. Litesa E. Wallace

Filed: 11/27/2018

10000SB3500ham001 LRB100 20828 SLF 43552 a

AMENDMENT TO SENATE BILL 3500

AMENDMENT NO. ______. Amend Senate Bill 3500 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal and Traffic Assessment Act is amended by changing Sections 15-20 and 15-40 as follows:

(705 ILCS 135/15-20)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on January 1, 2021)

Sec. 15-20. SCHEDULE 4; felony sex offenses.

SCHEDULE 4: For a felony or attempted felony under Article 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,414 $1,314 and remit as follows:

(1) As the county's portion, $354 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $255 into the county's General Fund;

(E) $10 into the Child Advocacy Center Fund;

(F) $2 into the State's Attorney Records Automation Fund;

(G) $2 into the Public Defender Records Automation Fund;

(H) $20 into the County Jail Medical Costs Fund; and

(I) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $1,060 $960 to the State Treasurer, who shall deposit the money as follows:

(A) $520 into the State Police Operations Assistance Fund;

(B) $100 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Services Fund;

(E) $5 into the State Police Merit Board Public Safety Fund; and

(F) $35 into the Traffic and Criminal Conviction Surcharge Fund; and .

(G) $100 into the State Crime Laboratory Fund, to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under Section 15 of the Sexual Assault Evidence Submission Act to assist in reduction of the number of un-analyzed and unprocessed Kits.

(Source: P.A. 100-987, eff. 7-1-19.)

(705 ILCS 135/15-40)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on January 1, 2021)

Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.

SCHEDULE 8: For a misdemeanor or attempted misdemeanor under Article 11 of the Criminal Code of 2012, the Clerk of the Circuit Court shall collect $1,284 $1,184 and remit as follows:

(1) As the county's portion, $282 to the county treasurer, who shall deposit the money as follows:

(A) $20 into the Court Automation Fund;

(B) $20 into the Court Document Storage Fund;

(C) $5 into the Circuit Court Clerk Operation and Administrative Fund;

(D) $8 into the Circuit Court Clerk Electronic Citation Fund;

(E) $185 into the county's General Fund;

(F) $10 into the Child Advocacy Center Fund;

(G) $2 into the State's Attorney Records Automation Fund;

(H) $2 into the Public Defenders Records Automation Fund;

(I) $10 into the County Jail Medical Costs Fund; and

(J) $20 into the Probation and Court Services Fund.

(2) As the State's portion, $1,000 $900 to the State Treasurer, who shall deposit the money as follows:

(A) $500 into the State Police Operations Assistance Fund;

(B) $75 into the Violent Crime Victims Assistance Fund;

(C) $200 into the Sexual Assault Services Fund;

(D) $100 into the Domestic Violence Shelter and Service Fund;

(E) $5 into the State Police Merit Board Public Safety Fund; and

(F) $20 into the Traffic and Criminal Conviction Surcharge Fund; and .

(G) $100 into the State Crime Laboratory Fund, to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under Section 15 of the Sexual Assault Evidence Submission Act to assist in reduction of the number of un-analyzed and unprocessed Kits.

(3) As the arresting agency's portion, $2, to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the E-citation Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally.

(Source: P.A. 100-987, eff. 7-1-19.)

Section 10. The Criminal Code of 2012 is amended by changing Section 33-5 as follows:

(720 ILCS 5/33-5)

Sec. 33-5. Preservation of evidence.

(a) It is unlawful for a law enforcement agency or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsections subsection (a) or (a-5) of Section 116-4 of the Code of Criminal Procedure of 1963.

(b) Sentence. A person who violates this Section is guilty of a Class 4 felony.

(c) For purposes of this Section, "law enforcement agency" has the meaning ascribed to it in subsection (e) of Section 116-4 of the Code of Criminal Procedure of 1963.

(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)

Section 15. The Code of Criminal Procedure of 1963 is amended by changing Section 116-4 as follows:

(725 ILCS 5/116-4)

Sec. 116-4. Preservation of evidence for forensic testing.

(a) Before or after the trial in a prosecution for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 or in a prosecution for an offense defined in Article 9 of that Code, or in a prosecution for an attempt in violation of Section 8-4 of that Code of any of the above-enumerated offenses, unless otherwise provided herein under subsection (b) or (c) this Section, a law enforcement agency or an agent acting on behalf of the law enforcement agency shall preserve, subject to a continuous chain of custody, any physical evidence in their possession or control that is reasonably likely to contain forensic evidence, including, but not limited to, fingerprints or biological material secured in relation to a trial and with sufficient documentation to locate that evidence.

(a-5) Notwithstanding any provision of this Code to the contrary, forensic testing that would result in the complete consumption of an evidentiary sample shall be permitted if the forensic testing utilizes methods sufficiently established in the particular field that have gained general acceptance and the forensic testing was not conducted in bad faith.

(b) After a judgment of conviction is entered, the evidence shall either be impounded with the Clerk of the Circuit Court or shall be securely retained by a law enforcement agency. Retention shall be permanent in cases where a sentence of death is imposed. Retention shall be until the completion of the sentence, including the period of mandatory supervised release for the offense, or January 1, 2006, whichever is later, for any conviction for an offense or an attempt of an offense defined in Article 9 of the Criminal Code of 1961 or the Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 or for 7 years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison in a forensic DNA database for unsolved offenses.

(c) After a judgment of conviction is entered, the law enforcement agency required to retain evidence described in subsection (a) may petition the court with notice to the defendant or, in cases where the defendant has died, his or her estate, his or her attorney of record, or an attorney appointed for that purpose by the court for entry of an order allowing it to dispose of evidence if, after a hearing, the court determines by a preponderance of the evidence that:

(1) it has no significant value for forensic science analysis and should be returned to its rightful owner, destroyed, used for training purposes, or as otherwise provided by law; or

(2) it has no significant value for forensic science analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the law enforcement agency; or

(3) there no longer exists a reasonable basis to require the preservation of the evidence because of the death of the defendant; however, this paragraph (3) does not apply if a sentence of death was imposed.

(d) The court may order the disposition of the evidence if the defendant is allowed the opportunity to take reasonable measures to remove or preserve portions of the evidence in question for future testing.

(d-5) Any order allowing the disposition of evidence pursuant to subsection (c) or (d) shall be a final and appealable order. No evidence shall be disposed of until 30 days after the order is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the appellate court.

(d-10) All records documenting the possession, control, storage, and destruction of evidence and all police reports, evidence control or inventory records, and other reports cited in this Section, including computer records, must be retained for as long as the evidence exists and may not be disposed of without the approval of the Local Records Commission.

(e) In this Section, "law enforcement agency" includes any of the following or an agent acting on behalf of any of the following: a municipal police department, county sheriff's office, any prosecuting authority, the Department of State Police, or any other State, university, county, federal, or municipal police unit or police force.

"Biological material" includes, but is not limited to, any blood, hair, saliva, or semen from which genetic marker groupings may be obtained.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 20. 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)

(Text of Section before amendment by P.A. 100-987)

Sec. 5-9-1.7. Sexual assault fines; sex offense assessments.

(a) Definitions. In 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, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.

(2) "Family member" shall have the meaning ascribed to it in Section 11-0.1 of the Criminal Code of 2012.

(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.

(4) "Sex offense" means the commission or attempted commission of an offense defined in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012, except prostitution, duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children, tie-in sales of obscene publications to distributors, public indecency, adultery, fornication, bigamy, or marrying a bigamist.

(b) Sexual assault fine and sex offense assessment; collection by clerk.

(1) In addition to any other penalty imposed, a sexual assault fine of $200 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, and a sex offense assessment 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 sex offense or attempt of a sex offense. Upon request of the victim or the victim's representative, the court shall determine whether the fine, assessment, or both, 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, assessment, or both, would impose an undue burden on the victim, the court may reduce or waive the fine, assessment, or both. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fine or assessment.

(2) Sexual assault fines and sex offense assessments 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 sexual assault fine penalty to cover the costs involved in administering and enforcing this Section. The circuit court clerk shall remit the sex offense assessment within one month after receipt to the State Treasurer for deposit in the State Crime Laboratory Fund to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under Section 15 of the Sexual Assault Evidence Submission Act to assist in reduction of the number of un-analyzed and unprocessed Kits. The circuit clerk shall remit the remainder of each sexual assault 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. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(Text of Section after amendment by P.A. 100-987)

Sec. 5-9-1.7. Sexual assault fines; sex offense assessments.

(a) Definitions. In 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, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.

(2) (Blank).

(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.

(4) "Sex offense" means the commission or attempted commission of an offense defined in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012, except prostitution, duty of commercial film and photographic print processors or computer technicians to report sexual depiction of children, tie-in sales of obscene publications to distributors, public indecency, adultery, fornication, bigamy, or marrying a bigamist.

(b) (Blank).

(c) Sexual Assault Services Fund; administration. There is created a Sexual Assault Services Fund. Moneys deposited into the Fund under Section 15-20 and 15-40 of the Criminal and Traffic Assessment Act 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. 100-987, eff. 7-1-19.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.".