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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 $100 shall 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-third one-half to the Domestic Violence
19 Shelter and Service Fund, one-third and one-half to 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 $100
24 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
11 one-half to the Sexual Assault Services Fund,
12 one-third and one-half to 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-half the full amount to 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 Services Public Health. Upon
23 appropriation of moneys from the Sexual Assault Services
24 Fund, the Department of Human Services Public Health shall
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.)
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