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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html


97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1112

Introduced 2/7/2011, by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:
725 ILCS 240/8 from Ch. 70, par. 508
725 ILCS 240/10 from Ch. 70, par. 510

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.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Violent Crime Victims Assistance Act is
5amended by changing Sections 8 and 10 as follows:
6 (725 ILCS 240/8) (from Ch. 70, par. 508)
7 Sec. 8. Centers - Services provided. (a) Each center shall
8provide one or more of the following services:
9 (1) Coordinate volunteers to work with criminal justice
10agencies to provide direct victim services or to establish
11community support;
12 (2) Provide assistance to victims of violent crime and
13their families in obtaining assistance through other official
14or community resources;
15 (3) Provide elderly victims of crime with services
16appropriate to their special needs;
17 (4) Provide transportation and/or household assistance to
18those victims participating in the criminal justice process;
19 (5) Provide victims of domestic and sexual violence and
20sexual harassment with services appropriate to their special
21needs;
22 (6) Provide courthouse reception and guidance, including
23explanation of unfamiliar procedures and bilingual

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1information;
2 (7) Provide in-person or telephone hot-line assistance to
3victims;
4 (8) Provide special counseling facilities and
5rehabilitation services to victims;
6 (9) Provide other services as the Commission shall deem
7appropriate to further the purposes of this Act;
8 (10) Provide public education on crime and crime victims;
9 (11) Provide training and sensitization for persons who
10work with victims of crime;
11 (12) Provide special counseling facilities and
12rehabilitation services for child victims of sex offenses;
13 (13) When applicable, centers shall enter into written
14networking agreements to provide for the special needs of child
15victims of violent crimes; .
16 (14) Provide assistance in exercising rights provided in
17the Roadside Memorial Act for the families of victims of fatal
18injury crashes on roadways.
19 (b) Such centers may provide one or more of the services
20enumerated in subparagraph (a) of this section for witnesses of
21crime.
22(Source: P.A. 87-1257.)
23 (725 ILCS 240/10) (from Ch. 70, par. 510)
24 Sec. 10. Violent Crime Victims Assistance Fund.
25 (a) The "Violent Crime Victims Assistance Fund" is created

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1as a special fund in the State Treasury to provide monies for
2the grants to be awarded under this Act.
3 (b) On and after September 18, 1986, there shall be an
4additional penalty collected from each defendant upon
5conviction of any felony or upon conviction of or disposition
6of supervision for any misdemeanor, or upon conviction of or
7disposition of supervision for any offense under the Illinois
8Vehicle Code, exclusive of offenses enumerated in paragraph
9(a)(2) of Section 6-204 of that Code, and exclusive of any
10offense enumerated in Article VI of Chapter 11 of that Code
11relating to restrictions, regulations and limitations on the
12speed at which a motor vehicle is driven or operated, an
13additional penalty of $4 for each $40, or fraction thereof, of
14fine imposed. Notwithstanding any other provision of this
15Section, the penalty established in this Section shall be
16assessed for any violation of Section 11-601.5, 11-605.2, or
1711-605.3 of the Illinois Vehicle Code. Such additional amounts
18shall be collected by the Clerk of the Circuit Court in
19addition to the fine and costs in the case. Each such
20additional penalty collected under this subsection (b) or
21subsection (c) of this Section shall be remitted by the Clerk
22of the Circuit Court within one month after receipt to the
23State Treasurer for deposit into the Violent Crime Victims
24Assistance Fund, except as provided in subsection (g) of this
25Section. Such additional penalty shall not be considered a part
26of the fine for purposes of any reduction made in the fine for

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1time served either before or after sentencing. Not later than
2March 1 of each year the Clerk of the Circuit Court shall
3submit to the State Comptroller a report of the amount of funds
4remitted by him to the State Treasurer under this Section
5during the preceding calendar year. Except as otherwise
6provided by Supreme Court Rules, if a court in sentencing an
7offender levies a gross amount for fine, costs, fees and
8penalties, the amount of the additional penalty provided for
9herein shall be computed on the amount remaining after
10deducting from the gross amount levied all fees of the Circuit
11Clerk, the State's Attorney and the Sheriff. After deducting
12from the gross amount levied the fees and additional penalty
13provided for herein, less any other additional penalties
14provided by law, the clerk shall remit the net balance
15remaining to the entity authorized by law to receive the fine
16imposed in the case. For purposes of this Section "fees of the
17Circuit Clerk" shall include, if applicable, the fee provided
18for under Section 27.3a of the Clerks of Courts Act and the
19fee, if applicable, payable to the county in which the
20violation occurred pursuant to Section 5-1101 of the Counties
21Code.
22 (c) When any person is convicted in Illinois on or after
23August 28, 1986, of an offense listed below, or placed on
24supervision for such an offense on or after September 18, 1986,
25and no other fine is imposed, the following penalty shall be
26collected by the Circuit Court Clerk:

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1 (1) $25, for any crime of violence as defined in
2 subsection (c) of Section 2 of the Crime Victims
3 Compensation Act; and
4 (2) $20, for any other felony or misdemeanor, excluding
5 any conservation offense.
6 Such charge shall not be subject to the provisions of
7Section 110-14 of the Code of Criminal Procedure of 1963.
8 (d) Monies forfeited, and proceeds from the sale of
9property forfeited and seized, under the forfeiture provisions
10set forth in Part 500 of Article 124B of the Code of Criminal
11Procedure of 1963 shall be accepted for the Violent Crime
12Victims Assistance Fund.
13 (e) Investment income which is attributable to the
14investment of monies in the Violent Crime Victims Assistance
15Fund shall be credited to that fund for uses specified in this
16Act. The Treasurer shall provide the Attorney General a monthly
17status report on the amount of money in the Fund.
18 (f) Monies from the fund may be granted on and after July
191, 1984.
20 (g) All amounts and charges imposed under this Section for
21any violation of Chapters 3, 4, 6, and 11 of the Illinois
22Vehicle Code, or a similar provision of a local ordinance, or
23any violation of the Child Passenger Protection Act, or a
24similar provision of a local ordinance, shall be collected and
25disbursed by the circuit clerk as provided under Section 27.5
26of the Clerks of Courts Act.

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1(Source: P.A. 96-712, eff. 1-1-10.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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