Bill Text: IL HB1139 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Creates the Gang Crime Witness Protection Act of 2013. Provides that the Department of State Police shall establish and administer a program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Program Fund and appropriated from that Fund for the purposes of the Act. Provides that within 30 days after the effective date of the Act, all moneys in the Gang Crime Witness Protection Fund shall be transferred into the Gang Crime Witness Protection Program Fund. Provides that the program shall begin operation on July 1, 2013. Amends the State Finance Act. Creates the Gang Crime Witness Protection Program Fund in the State treasury. Effective July 1, 2013.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0058 [HB1139 Detail]
Download: Illinois-2013-HB1139-Chaptered.html
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| Public Act 098-0058 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Gang | ||||
Crime
Witness
Protection Act of 2013.
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Section 5. Definition. As used in this Act, "gang crime" | ||||
means any
criminal offense committed by a member of a "gang" as | ||||
that term is defined in
Section 10 of the Illinois Streetgang | ||||
Terrorism Omnibus Prevention Act when
the offense is in | ||||
furtherance of any activity, enterprise, pursuit, or
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undertaking of a gang.
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Section 10. Program. Subject to appropriation, the | ||||
Illinois Criminal Justice Information Authority shall | ||||
establish
and administer a program to assist victims and | ||||
witnesses who are actively
aiding in the prosecution of | ||||
perpetrators of gang crime, and appropriate
related persons. | ||||
Financial assistance may be provided, upon application by a
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State's Attorney or the Attorney General, or a chief executive | ||||
of a police
agency with the approval from the State's
Attorney | ||||
or Attorney General,
investigating or prosecuting a gang
crime | ||||
occurring under the State's Attorney's or Attorney General's | ||||
respective
jurisdiction, from funds deposited in the Gang Crime | ||||
Witness Protection Program Fund
and appropriated from that Fund | ||
for the purposes of this Act.
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Section 15. Funding. The Illinois Criminal Justice | ||
Information Authority, in consultation with
the Attorney | ||
General, shall adopt rules for the implementation of the Gang
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Crime Witness Protection Program. Assistance shall be subject | ||
to the following
limitations:
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(a) Funds shall be limited to payment of the following:
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(1) temporary living costs;
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(2) moving expenses;
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(3) rent;
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(4) security deposits; and
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(5) other appropriate expenses of relocation or | ||
transition;
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(b) Approval of applications made by State's Attorneys | ||
shall be
conditioned upon county funding for costs at a | ||
level of at least 25%, unless
this requirement is waived by | ||
the administrator, in accordance with adopted
rules, for | ||
good cause shown;
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(c) Counties providing assistance consistent with the | ||
limitations in this
Act may apply for reimbursement of up | ||
to 75% of their costs; and
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(d) No more than 50% of funding available in any given | ||
fiscal year may be
used for costs associated with any | ||
single county.
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(e) Before the Illinois Criminal Justice Information | ||
Authority distributes moneys from the Gang Crime Witness | ||
Protection Program Fund as provided in this Section, it | ||
shall retain 2% of those moneys for administrative | ||
purposes.
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Section 20. Gang Crime Witness Protection Program Fund. | ||
There is created in the
State Treasury the Gang Crime Witness | ||
Protection Program Fund into which shall be
deposited | ||
appropriated funds, grants, or other funds made available to | ||
the
Illinois Criminal Justice Information Authority to assist | ||
State's Attorneys and the Attorney General
in protecting | ||
victims and witnesses who are aiding in the prosecution of
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perpetrators of gang crime, and appropriate related persons.
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Within 30 days after the effective date of this Act, all moneys | ||
in the Gang Crime Witness Protection Fund shall be transferred | ||
into the Gang Crime Witness Protection Program Fund.
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Section 25. Beginning of operation. The program created by | ||
this Act shall
begin operation on July 1, 2013.
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Section 90. The State Finance Act is amended by adding | ||
Section 5.826 as follows:
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(30 ILCS 105/5.826 new) | ||
Sec. 5.826. The Gang Crime Witness Protection Program Fund.
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