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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0009eng HB0009 Engrossed LRB9201173RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.545 as follows: 6 (30 ILCS 105/5.545 new) 7 Sec. 5.545. The Children's Advocacy Center Services 8 Fund. 9 Section 10. The Unified Code of Corrections is amended by 10 changing Sections 5-9-1.5 and 5-9-1.7 as follows: 11 (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5) 12 Sec. 5-9-1.5. Domestic violence fine. In addition to 13 any other penalty imposed, a fine of not less than $300 and 14 not more than $1,000$100shall be imposed upon any person 15 who pleads guilty or no contest to or who is convicted of 16 murder, voluntary manslaughter, involuntary manslaughter, 17 burglary, residential burglary, criminal trespass to 18 residence, criminal trespass to vehicle, criminal trespass to 19 land, criminal damage to property, telephone harassment, 20 kidnapping, aggravated kidnapping, unlawful restraint, 21 forcible detention, child abduction, indecent solicitation of 22 a child, sexual relations between siblings, exploitation of a 23 child, child pornography, assault, aggravated assault, 24 battery, aggravated battery, heinous battery, aggravated 25 battery of a child, domestic battery, reckless conduct, 26 intimidation, criminal sexual assault, predatory criminal 27 sexual assault of a child, aggravated criminal sexual 28 assault, criminal sexual abuse, aggravated criminal sexual 29 abuse, violation of an order of protection, disorderly HB0009 Engrossed -2- LRB9201173RCcd 1 conduct, endangering the life or health of a child, child 2 abandonment, contributing to dependency or neglect of child, 3 or cruelty to children and others; provided that the offender 4 and victim are family or household members as defined in 5 Section 103 of the Illinois Domestic Violence Act of 1986. 6 Upon request of the victim or the victim's representative, 7 the court shall determine whether the fine will impose an 8 undue burden on the victim of the offense. For purposes of 9 this paragraph, the defendant may not be considered the 10 victim's representative. If the court finds that the fine 11 would impose an undue burden on the victim, the court may 12 reduce or waive the fine. The court shall order that the 13 defendant may not use funds belonging solely to the victim of 14 the offense for payment of the fine. The circuit clerk shall 15 remit each fine within one month of its receipt to the State 16 Treasurer for deposit as follows: (i) for sexual assault, as 17 defined in Section 5-9-1.7, when the offender and victim are 18 family members, one-thirdone-halfto the Domestic Violence 19 Shelter and Service Fund, one-thirdand one-halfto the 20 Sexual Assault Services Fund, and one-third to the Children's 21 Advocacy Center Services Fund; (ii) for the remaining 22 offenses to the Domestic Violence Shelter and Service Fund. 23 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.) 24 (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7) 25 Sec. 5-9-1.7. Sexual assault fines. 26 (a) Definitions. The terms used in this Section shall 27 have the following meanings ascribed to them: 28 (1) "Sexual assault" means the commission or 29 attempted commission of the following: criminal sexual 30 assault, predatory criminal sexual assault of a child, 31 aggravated criminal sexual assault, criminal sexual 32 abuse, aggravated criminal sexual abuse, indecent 33 solicitation of a child, public indecency, sexual HB0009 Engrossed -3- LRB9201173RCcd 1 relations within families, soliciting for a juvenile 2 prostitute, keeping a place of juvenile prostitution, 3 patronizing a juvenile prostitute, juvenile pimping, 4 exploitation of a child, obscenity, child pornography, or 5 harmful material, as those offenses are defined in the 6 Criminal Code of 1961. 7 (2) "Family member" shall have the meaning ascribed 8 to it in Section 12-12 of the Criminal Code of 1961. 9 (3) "Sexual assault organization" means any 10 not-for-profit organization providing comprehensive, 11 community-based services to victims of sexual assault. 12 "Community-based services" include, but are not limited 13 to, direct crisis intervention through a 24-hour 14 response, medical and legal advocacy, counseling, 15 information and referral services, training, and 16 community education. 17 (4) "Children's Advocacy Center" is any 18 organization that coordinates the multidisciplinary 19 investigation, prosecution, and treatment referral of 20 child sexual abuse and severe physical abuse cases. 21 (b) Sexual assault fine; collection by clerk. 22 (1) In addition to any other penalty imposed, a 23 fine of not less than $300 and not more than $1,000$10024 shall be imposed upon any person who pleads guilty or who 25 is convicted of, or who receives a disposition of court 26 supervision for, a sexual assault or attempt of a sexual 27 assault. Upon request of the victim or the victim's 28 representative, the court shall determine whether the 29 fine will impose an undue burden on the victim of the 30 offense. For purposes of this paragraph, the defendant 31 may not be considered the victim's representative. If 32 the court finds that the fine would impose an undue 33 burden on the victim, the court may reduce or waive the 34 fine. The court shall order that the defendant may not HB0009 Engrossed -4- LRB9201173RCcd 1 use funds belonging solely to the victim of the offense 2 for payment of the fine. 3 (2) Sexual assault fines shall be assessed by the 4 court imposing the sentence and shall be collected by the 5 circuit clerk. The circuit clerk shall retain 10% of the 6 penalty to cover the costs involved in administering and 7 enforcing this Section. The circuit clerk shall remit 8 the remainder of each fine within one month of its 9 receipt to the State Treasurer for deposit as follows: 10 (i) for family member offenders, one-third 11one-halfto the Sexual Assault Services Fund, 12 one-thirdand one-halfto the Domestic Violence 13 Shelter and Service Fund,;and one-third to the 14 Children's Advocacy Center Services Fund. 15 (ii) for other than family member offenders, 16 one-halfthe full amountto the Sexual Assault 17 Services Fund and one-half to the Children's 18 Advocacy Center Services Fund. 19 (c) Sexual Assault Services Fund; administration. There 20 is created a Sexual Assault Services Fund. Moneys deposited 21 into the Fund under this Section shall be appropriated to the 22 Department of Human ServicesPublic Health. Upon 23 appropriation of moneys from the Sexual Assault Services 24 Fund, the Department of Human ServicesPublic Healthshall 25 make grants of these moneys from the Fund to sexual assault 26 organizations with whom the Department has contracts for the 27 purpose of providing community-based services to victims of 28 sexual assault. Grants made under this Section are in 29 addition to, and are not substitutes for, other grants 30 authorized and made by the Department. 31 (d) Children's Advocacy Center Services Fund; 32 administration. There is created a Children's Advocacy 33 Center Services Fund. Moneys deposited into the Fund under 34 this Section shall be appropriated to the Department of HB0009 Engrossed -5- LRB9201173RCcd 1 Children and Family Services. Upon appropriation of moneys 2 from the Children's Advocacy Center Services Fund, the 3 Department of Children and Family Services shall make grants 4 of these moneys from the Fund to Children's Advocacy Centers 5 with whom the Department has contracts for the purpose of 6 providing multidisciplinary investigation, prosecution, and 7 treatment referral of child sexual abuse and severe physical 8 abuse cases. Grants made under this Section are in addition 9 to, and are not substitutes for, other grants authorized and 10 made by the Department. 11 (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. 12 5-29-96.)