Bill Text: IL HB1112 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Violent Crime Victims Assistance Act. Provides that the victim and witness assistance centers shall provide assistance in exercising rights provided in the Roadside Memorial Act for the families of victims of fatal injury crashes on roadways. Provides that the offenses for which the additional penalty shall be assessed for deposit into the Violent Crime Victims Assistance Fund include the offenses of driving 30 miles per hour or more in excess of the applicable speed limit, driving in excess of the speed limit in a construction or maintenance zone, or in a park zones. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0108 [HB1112 Detail]

Download: Illinois-2011-HB1112-Chaptered.html



Public Act 097-0108
HB1112 EnrolledLRB097 06793 RLC 46884 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Violent Crime Victims Assistance Act is
amended by changing Sections 8 and 10 as follows:
(725 ILCS 240/8) (from Ch. 70, par. 508)
Sec. 8. Centers - Services provided. (a) Each center shall
provide one or more of the following services:
(1) Coordinate volunteers to work with criminal justice
agencies to provide direct victim services or to establish
community support;
(2) Provide assistance to victims of violent crime and
their families in obtaining assistance through other official
or community resources;
(3) Provide elderly victims of crime with services
appropriate to their special needs;
(4) Provide transportation and/or household assistance to
those victims participating in the criminal justice process;
(5) Provide victims of domestic and sexual violence and
sexual harassment with services appropriate to their special
needs;
(6) Provide courthouse reception and guidance, including
explanation of unfamiliar procedures and bilingual
information;
(7) Provide in-person or telephone hot-line assistance to
victims;
(8) Provide special counseling facilities and
rehabilitation services to victims;
(9) Provide other services as the Commission shall deem
appropriate to further the purposes of this Act;
(10) Provide public education on crime and crime victims;
(11) Provide training and sensitization for persons who
work with victims of crime;
(12) Provide special counseling facilities and
rehabilitation services for child victims of sex offenses;
(13) When applicable, centers shall enter into written
networking agreements to provide for the special needs of child
victims of violent crimes; .
(14) Provide assistance in exercising rights provided in
the Roadside Memorial Act for the families of victims of fatal
injury crashes on roadways.
(b) Such centers may provide one or more of the services
enumerated in subparagraph (a) of this section for witnesses of
crime.
(Source: P.A. 87-1257.)
(725 ILCS 240/10) (from Ch. 70, par. 510)
Sec. 10. Violent Crime Victims Assistance Fund.
(a) The "Violent Crime Victims Assistance Fund" is created
as a special fund in the State Treasury to provide monies for
the grants to be awarded under this Act.
(b) On and after September 18, 1986, there shall be an
additional penalty collected from each defendant upon
conviction of any felony or upon conviction of or disposition
of supervision for any misdemeanor, or upon conviction of or
disposition of supervision for any offense under the Illinois
Vehicle Code, exclusive of offenses enumerated in paragraph
(a)(2) of Section 6-204 of that Code, and exclusive of any
offense enumerated in Article VI of Chapter 11 of that Code
relating to restrictions, regulations and limitations on the
speed at which a motor vehicle is driven or operated, an
additional penalty of $4 for each $40, or fraction thereof, of
fine imposed. Notwithstanding any other provision of this
Section, the penalty established in this Section shall be
assessed for any violation of Section 11-601.5, 11-605.2, or
11-605.3 of the Illinois Vehicle Code. Such additional amounts
shall be collected by the Clerk of the Circuit Court in
addition to the fine and costs in the case. Each such
additional penalty collected under this subsection (b) or
subsection (c) of this Section shall be remitted by the Clerk
of the Circuit Court within one month after receipt to the
State Treasurer for deposit into the Violent Crime Victims
Assistance Fund, except as provided in subsection (g) of this
Section. Such additional penalty shall not be considered a part
of the fine for purposes of any reduction made in the fine for
time served either before or after sentencing. Not later than
March 1 of each year the Clerk of the Circuit Court shall
submit to the State Comptroller a report of the amount of funds
remitted by him to the State Treasurer under this Section
during the preceding calendar year. Except as otherwise
provided by Supreme Court Rules, if a court in sentencing an
offender levies a gross amount for fine, costs, fees and
penalties, the amount of the additional penalty provided for
herein shall be computed on the amount remaining after
deducting from the gross amount levied all fees of the Circuit
Clerk, the State's Attorney and the Sheriff. After deducting
from the gross amount levied the fees and additional penalty
provided for herein, less any other additional penalties
provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine
imposed in the case. For purposes of this Section "fees of the
Circuit Clerk" shall include, if applicable, the fee provided
for under Section 27.3a of the Clerks of Courts Act and the
fee, if applicable, payable to the county in which the
violation occurred pursuant to Section 5-1101 of the Counties
Code.
(c) When any person is convicted in Illinois on or after
August 28, 1986, of an offense listed below, or placed on
supervision for such an offense on or after September 18, 1986,
and no other fine is imposed, the following penalty shall be
collected by the Circuit Court Clerk:
(1) $25, for any crime of violence as defined in
subsection (c) of Section 2 of the Crime Victims
Compensation Act; and
(2) $20, for any other felony or misdemeanor, excluding
any conservation offense.
Such charge shall not be subject to the provisions of
Section 110-14 of the Code of Criminal Procedure of 1963.
(d) Monies forfeited, and proceeds from the sale of
property forfeited and seized, under the forfeiture provisions
set forth in Part 500 of Article 124B of the Code of Criminal
Procedure of 1963 shall be accepted for the Violent Crime
Victims Assistance Fund.
(e) Investment income which is attributable to the
investment of monies in the Violent Crime Victims Assistance
Fund shall be credited to that fund for uses specified in this
Act. The Treasurer shall provide the Attorney General a monthly
status report on the amount of money in the Fund.
(f) Monies from the fund may be granted on and after July
1, 1984.
(g) All amounts and charges imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, or
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(Source: P.A. 96-712, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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