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91_HB0424eng HB0424 Engrossed 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9 (a) The General Assembly finds and declares that: 10 (1) When the Gang Crime Witness Protection Act was 11 originally enacted by Public Act 89-498, effective June 12 27, 1996, it included a Section 5-30, which repealed the 13 Act on June 30, 1998. 14 (2) Senate Bill 1846 of the 90th General Assembly 15 included a provision that amended the Gang Crime Witness 16 Protection Act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 HB0424 Engrossed -2- LRB9101902WHdv 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: HB0424 Engrossed -3- LRB9101902WHdv 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 HB0424 Engrossed -4- LRB9101902WHdv 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 HB0424 Engrossed -5- LRB9101902WHdv 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) HB0424 Engrossed -6- LRB9101902WHdv 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 5June 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.