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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Gang | ||||||
| 5 | Crime
Witness
Protection Act of 2013.
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| 6 | Section 5. Definition. As used in this Act, "gang crime" | ||||||
| 7 | means any
criminal offense committed by a member of a "gang" as | ||||||
| 8 | that term is defined in
Section 10 of the Illinois Streetgang | ||||||
| 9 | Terrorism Omnibus Prevention Act when
the offense is in | ||||||
| 10 | furtherance of any activity, enterprise, pursuit, or
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| 11 | undertaking of a gang.
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| 12 | Section 10. Program. The Illinois Criminal Justice | ||||||
| 13 | Information Authority shall establish
and administer a program | ||||||
| 14 | to assist victims and witnesses who are actively
aiding in the | ||||||
| 15 | prosecution of perpetrators of gang crime, and appropriate
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| 16 | related persons. Financial assistance may be provided, upon | ||||||
| 17 | application by a
State's Attorney or the Attorney General, or a | ||||||
| 18 | chief executive of a police
agency with the approval from the | ||||||
| 19 | State's
Attorney or Attorney General,
investigating or | ||||||
| 20 | prosecuting a gang
crime occurring under the State's Attorney's | ||||||
| 21 | or Attorney General's respective
jurisdiction, from funds | ||||||
| 22 | deposited in the Gang Crime Witness Protection Program Fund
and | ||||||
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| 1 | appropriated from that Fund for the purposes of this Act.
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| 2 | Section 15. Funding. The Illinois Criminal Justice | ||||||
| 3 | Information Authority, in consultation with
the Attorney | ||||||
| 4 | General, shall adopt rules for the implementation of the Gang
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| 5 | Crime Witness Protection Program. Assistance shall be subject | ||||||
| 6 | to the following
limitations:
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| 7 | (a) Funds shall be limited to payment of the following:
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| 8 | (1) temporary living costs;
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| 9 | (2) moving expenses;
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| 10 | (3) rent;
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| 11 | (4) security deposits; and
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| 12 | (5) other appropriate expenses of relocation or | ||||||
| 13 | transition;
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| 14 | (b) Approval of applications made by State's Attorneys | ||||||
| 15 | shall be
conditioned upon county funding for costs at a | ||||||
| 16 | level of at least 25%, unless
this requirement is waived by | ||||||
| 17 | the administrator, in accordance with adopted
rules, for | ||||||
| 18 | good cause shown;
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| 19 | (c) Counties providing assistance consistent with the | ||||||
| 20 | limitations in this
Act may apply for reimbursement of up | ||||||
| 21 | to 75% of their costs; and
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| 22 | (d) No more than 50% of funding available in any given | ||||||
| 23 | fiscal year may be
used for costs associated with any | ||||||
| 24 | single county.
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| 25 | (e) Before the Illinois Criminal Justice Information | ||||||
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| 1 | Authority distributes moneys from the Gang Crime Witness | ||||||
| 2 | Protection Program Fund as provided in this Section, it | ||||||
| 3 | shall retain 2% of those moneys for administrative | ||||||
| 4 | purposes.
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| 5 | Section 20. Gang Crime Witness Protection Program Fund. | ||||||
| 6 | There is created in the
State Treasury the Gang Crime Witness | ||||||
| 7 | Protection Program Fund into which shall be
deposited | ||||||
| 8 | appropriated funds, grants, or other funds made available to | ||||||
| 9 | the
Illinois Criminal Justice Information Authority to assist | ||||||
| 10 | State's Attorneys and the Attorney General
in protecting | ||||||
| 11 | victims and witnesses who are aiding in the prosecution of
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| 12 | perpetrators of gang crime, and appropriate related persons.
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| 13 | Within 30 days after the effective date of this Act, all moneys | ||||||
| 14 | in the Gang Crime Witness Protection Fund shall be transferred | ||||||
| 15 | into the Gang Crime Witness Protection Program Fund.
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| 16 | Section 25. Beginning of operation. The program created by | ||||||
| 17 | this Act shall
begin operation on July 1, 2013.
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| 18 | Section 90. The State Finance Act is amended by adding | ||||||
| 19 | Section 5.826 as follows:
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| 20 | (30 ILCS 105/5.826 new) | ||||||
| 21 | Sec. 5.826. The Gang Crime Witness Protection Program Fund.
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| 22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
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