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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB0424
LRB9101902WHdv
1 AN ACT to amend and re-enact the Gang Crime Witness
2 Protection Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Gang Crime Witness Protection Act is
6 amended by adding Section 5-35 as follows:
7 (725 ILCS 172/5-35 new)
8 Sec. 5-35. Continuation of Act; validation.
9 (a) The General Assembly finds and declares that:
10 (1) When the Gang Crime Witness Protection Act was
11 originally enacted by Public Act 89-498, effective June
12 27, 1996, it included a Section 5-30, which repealed the
13 Act on June 30, 1998.
14 (2) Senate Bill 1846 of the 90th General Assembly
15 included a provision that amended the Gang Crime Witness
16 Protection Act by changing Section 5-30 to make the Act's
17 repeal date June 30, 1999. Senate Bill 1846 passed both
18 houses on May 21, 1998. Senate Bill 1846 provided that it
19 took effect upon becoming law. Senate Bill 1846 was sent
20 to the Governor on June 19, 1998. Senate Bill 1846 was
21 not approved by the Governor until August 14, 1998.
22 Senate Bill 1846 became Public Act 90-795.
23 (3) The Statute on Statutes sets forth general
24 rules on the repeal of statutes, but Section 1 of that
25 Act also states that these rules will not be observed
26 when the result would be "inconsistent with the manifest
27 intent of the General Assembly or repugnant to the
28 context of the statute".
29 (4) The actions of the General Assembly clearly
30 manifest the intention of the General Assembly to change
31 the Gang Crime Witness Protection Act's repeal date to
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1 June 30, 1999.
2 (5) Any construction of Section 5-30 of the Gang
3 Crime Witness Protection Act that results in the repeal
4 of the Act on June 30, 1998 would be inconsistent with
5 the manifest intent of the General Assembly.
6 (b) It is hereby declared to have been the intent of the
7 General Assembly, in enacting Public Act 90-795, that Section
8 5-30 of the Gang Crime Witness Protection Act be changed to
9 make June 30, 1999 the repeal date of the Gang Crime Witness
10 Protection Act, and that the Gang Crime Witness Protection
11 Act therefore not be subject to repeal on June 30, 1998.
12 (c) The Gang Crime Witness Protection Act shall be
13 deemed to have been in continuous effect since its original
14 effective date, and it shall continue to be in effect until
15 it is otherwise repealed.
16 (d) All actions taken in reliance on or pursuant to the
17 Gang Crime Witness Protection Act by any officer or agency of
18 State government or any other person or entity are validated.
19 (e) To ensure the continuing effectiveness of the Gang
20 Crime Witness Protection Act, it is set forth in full and
21 re-enacted by this amendatory Act. This re-enactment is
22 intended as a continuation of the Act. It is not intended to
23 supersede any amendment to the Act that is enacted by the
24 General Assembly.
25 (f) This Act applies to all claims, civil actions, and
26 proceedings pending on or filed on, before, or after the
27 effective date of this amendatory Act.
28 (g) The General Assembly also intends in this amendatory
29 Act to change the repeal date of the Gang Crime Witness
30 Protection Act to July 1, 2000.
31 Section 10. The Gang Crime Witness Protection Act is
32 re-enacted and amended by changing Section 5-30 as follows:
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1 (725 ILCS 172/Art. 5 heading)
2 ARTICLE 5.
3 (Public Act 89-498 provided for this Article to be
4 repealed on 6-30-98. Public Act 90-795, which became law and
5 took effect after that date, replaced 6-30-98 with 6-30-99.)
6 (725 ILCS 172/5-1)
7 (Public Act 89-498 provided for this Article to be
8 repealed on 6-30-98. Public Act 90-795, which became law and
9 took effect after that date, replaced 6-30-98 with 6-30-99.)
10 Sec. 5-1. Short title. This Article may be cited as the
11 Gang Crime Witness Protection Act, and references in this
12 Article to "this Act" mean this Article.
13 (Source: P.A. 89-498, eff. 6-27-96.)
14 (725 ILCS 172/5-5)
15 (Public Act 89-498 provided for this Article to be
16 repealed on 6-30-98. Public Act 90-795, which became law and
17 took effect after that date, replaced 6-30-98 with 6-30-99.)
18 Sec. 5-5. Definition. As used in this Act, "gang crime"
19 means any criminal offense committed by a member of a "gang"
20 as that term is defined in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act when the offense
22 is in furtherance of any activity, enterprise, pursuit, or
23 undertaking of a gang.
24 (Source: P.A. 89-498, eff. 6-27-96.)
25 (725 ILCS 172/5-10)
26 (Public Act 89-498 provided for this Article to be
27 repealed on 6-30-98. Public Act 90-795, which became law and
28 took effect after that date, replaced 6-30-98 with 6-30-99.)
29 Sec. 5-10. Pilot program. The Department of State
30 Police shall establish and administer a pilot program to
31 assist victims and witnesses who are actively aiding in the
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1 prosecution of perpetrators of gang crime, and appropriate
2 related persons. Financial assistance may be provided, upon
3 application by a State's Attorney or the Attorney General
4 investigating or prosecuting a gang crime occurring under the
5 State's Attorney's or Attorney General's respective
6 jurisdiction, from funds deposited in the Gang Crime Witness
7 Protection Fund and appropriated from that Fund for the
8 purposes of this Act.
9 (Source: P.A. 89-498, eff. 6-27-96.)
10 (725 ILCS 172/5-15)
11 (Public Act 89-498 provided for this Article to be
12 repealed on 6-30-98. Public Act 90-795, which became law and
13 took effect after that date, replaced 6-30-98 with 6-30-99.)
14 Sec. 5-15. Funding. The Department of State Police, in
15 consultation with the Attorney General, shall promulgate
16 rules for the implementation of the Gang Crime Witness
17 Protection Program. Assistance shall be subject to the
18 following limitations:
19 (a) Funds shall be limited to payment of the
20 following:
21 (1) temporary living costs;
22 (2) moving expenses;
23 (3) rent;
24 (4) security deposits; and
25 (5) other appropriate expenses of relocation
26 or transition;
27 (b) Approval of applications made by State's
28 Attorneys shall be conditioned upon county funding for
29 costs at a level of at least 25%, unless this requirement
30 is waived by the administrator, in accordance with
31 promulgated rules, for good cause shown;
32 (c) Counties providing assistance consistent with
33 the limitations in this Act may apply for reimbursement
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1 of up to 75% of their costs; and
2 (d) No more than 50% of funding available in any
3 given fiscal year may be used for costs associated with
4 any single county.
5 (Source: P.A. 89-498, eff. 6-27-96.)
6 (725 ILCS 172/5-20)
7 (Public Act 89-498 provided for this Article to be
8 repealed on 6-30-98. Public Act 90-795, which became law and
9 took effect after that date, replaced 6-30-98 with 6-30-99.)
10 Sec. 5-20. Gang Crime Witness Protection Fund. There is
11 created in the State Treasury the Gang Crime Witness
12 Protection Fund into which shall be deposited appropriated
13 funds, grants, or other funds made available to the
14 Department of State Police to assist State's Attorneys and
15 the Attorney General in protecting victims and witnesses who
16 are aiding in the prosecution of perpetrators of gang crime,
17 and appropriate related persons.
18 (Source: P.A. 89-498, eff. 6-27-96.)
19 (725 ILCS 172/5-25)
20 (Public Act 89-498 provided for this Article to be
21 repealed on 6-30-98. Public Act 90-795, which became law and
22 took effect after that date, replaced 6-30-98 with 6-30-99.)
23 Sec. 5-25. Period of operation. The pilot program
24 created by this Act shall begin operation on July 1, 1996 and
25 shall continue through June 30, 1998. The Illinois Criminal
26 Justice Information Authority shall undertake a complete
27 evaluation of the first 12 months of the program's operation,
28 and shall report to the General Assembly on the effectiveness
29 and necessity of the program no later than December 31, 1997.
30 (Source: P.A. 89-498, eff. 6-27-96.)
31 (725 ILCS 172/5-30)
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1 (Public Act 89-498 provided for this Article to be
2 repealed on 6-30-98. Public Act 90-795, which became law and
3 took effect after that date, replaced 6-30-98 with 6-30-99.)
4 Sec. 5-30. Repeal. This Act is repealed on July 1, 2000
5 June 30, 1999.
6 (Source: P.A. 89-498, eff. 6-27-96; 90-795, eff. 8-14-98.)
7 (725 ILCS 172/Art. 99 heading)
8 ARTICLE 99.
9 (725 ILCS 172/99-5)
10 Sec. 99-5. Effective date. This Act takes effect upon
11 becoming law.
12 (Source: P.A. 89-498, eff. 6-27-96.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.