Bill Text: IL HB1139 | 2013-2014 | 98th General Assembly | Engrossed

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

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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-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Gang
Crime Witness Protection Act of 2013.
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
undertaking of a gang.
Section 10. Program. 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 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

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appropriated from that Fund for the purposes of this Act.
Section 15. Funding. The Illinois Criminal Justice
Information Authority, in consultation with the Attorney
General, shall adopt rules for the implementation of the Gang
Crime Witness Protection Program. Assistance shall be subject
to the following limitations:
(a) Funds shall be limited to payment of the following:
(1) temporary living costs;
(2) moving expenses;
(3) rent;
(4) security deposits; and
(5) other appropriate expenses of relocation or
transition;
(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;
(c) Counties providing assistance consistent with the
limitations in this Act may apply for reimbursement of up
to 75% of their costs; and
(d) No more than 50% of funding available in any given
fiscal year may be used for costs associated with any
single county.
(e) Before the Illinois Criminal Justice Information

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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.
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
perpetrators of gang crime, and appropriate related persons.
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.
Section 25. Beginning of operation. The program created by
this Act shall begin operation on July 1, 2013.
Section 90. The State Finance Act is amended by adding
Section 5.826 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Gang Crime Witness Protection Program Fund.
Section 99. Effective date. This Act takes effect July 1,

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