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| Public Act 097-1151
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| HB3816 Enrolled | LRB097 13548 PJG 58069 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Criminal Justice Information Act is |
amended by changing Sections 2 and 4 and by adding Sections |
10.1 and 10.2 as follows:
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(20 ILCS 3930/2) (from Ch. 38, par. 210-2)
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Sec. 2. Purpose of Act. The purpose of this Act is to |
coordinate the
use of information in the criminal justice |
system; to promulgate effective
criminal justice information |
policy; to encourage the improvement of criminal
justice agency |
procedures and practices with respect to information; to
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provide new information technologies; to permit the evaluation |
of information
practices and programs; to stimulate research |
and development of new methods
and uses of criminal justice |
information for the improvement of the criminal
justice system |
and the reduction of crime; and to protect the integrity
of |
criminal history record information, while protecting the |
citizen's right to privacy; and to coordinate statewide |
violence prevention efforts and develop a statewide plan that |
includes public health and public safety approaches to violence |
prevention in families, communities, and schools.
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(Source: P.A. 82-1039.)
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(20 ILCS 3930/4) (from Ch. 38, par. 210-4) |
Sec. 4. Illinois Criminal Justice Information Authority; |
creation,
membership, and meetings. There is created an |
Illinois Criminal Justice
Information Authority consisting of |
25 23 members. The membership of
the
Authority shall consist of |
the Illinois Attorney General, or his or her
designee, the |
Director of the Illinois Department of Corrections, the |
Director
of the Illinois Department of State Police, the |
Director of Public Health, the Director of Children and Family |
Services, the Sheriff of Cook County, the
State's Attorney of |
Cook County, the clerk of the circuit court of Cook
County, the |
President of the Cook County Board of Commissioners, the |
Superintendent of the Chicago Police
Department, the Director |
of the Office of the State's Attorneys Appellate
Prosecutor, |
the Executive Director of the Illinois Law Enforcement Training
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Standards Board, the State Appellate Defender, the Public |
Defender of Cook County, and the following additional
members, |
each of whom
shall be appointed by the Governor: a circuit |
court clerk, a sheriff,
a State's Attorney of a
county other |
than Cook, a Public Defender of a county other than Cook, a |
chief of police, and 6 members of the
general public. |
The Governor from time to time shall designate a Chairman |
of the Authority
from the membership. All members of the |
Authority appointed by the Governor
shall serve at the pleasure |
of the Governor for a term not to exceed 4 years.
The initial |
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appointed members of the Authority shall serve from January,
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1983 until the third Monday in January, 1987 or until their |
successors are
appointed. |
The Authority shall meet at least quarterly, and all |
meetings of the
Authority shall be called by the Chairman. |
(Source: P.A. 96-1343, eff. 1-1-11.)
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(20 ILCS 3930/10.1 new) |
Sec. 10.1. Transfer of Illinois Violence Prevention |
Authority. |
(a) The Illinois Criminal Justice Information Authority, |
through its board, existing committees, and any committee or |
committees created on or after the effective date of this |
amendatory Act of the 97th General Assembly by law or pursuant |
to administrative rules of the Authority shall assume the |
powers, duties, rights, and responsibilities transferred from |
the Illinois Violence Prevention Authority to the Illinois |
Criminal Justice Information Authority on the effective date of |
this amendatory Act of the 97th General Assembly, including the |
powers, duties, rights, and responsibilities: |
(1) to coordinate Statewide violence prevention |
efforts and development of a Statewide plan that |
incorporates public health and public safety approaches to |
violence prevention in families, communities, and schools; |
(2) to seek and receive funds that may be available |
from private and public sources for violence prevention |
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efforts; |
(3) to distribute, pursuant to Authority rules and |
subject to available appropriations and other funds |
received for the purposes of this Act or the Illinois |
Violence Prevention Act of 1995, grants to community and |
Statewide organizations, other units of local and State |
government, and public school districts that address |
violence prevention in a comprehensive and collaborative |
manner, including, but not limited to, (A) community-based |
youth violence prevention programs, such as mentoring |
programs, after-school programs, and job training or |
development programs, (B) programs for the implementation |
and evaluation of comprehensive school-based violence |
prevention programs from prekindergarten through 12th |
grade, (C) early childhood intervention programs designed |
to prevent violence and identify and serve young children |
and families at risk, (D) family violence and sexual |
assault prevention initiatives, (E) programs that |
integrate violence prevention initiatives with alcohol and |
substance abuse prevention efforts, (F) programs that |
integrate violence prevention services with health care |
provisions, and (G) programs to support innovative |
community policing or law enforcement approaches to |
violence prevention; and |
(4) to provide technical assistance and training to |
help build the capacity of communities, organizations, and |
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systems to develop, implement, and evaluate violence |
prevention programs. |
(b) As soon as practicable after the effective date of this |
amendatory Act of the 97th General Assembly, the personnel of |
the Illinois Violence Prevention Authority shall be |
transferred to the Illinois Criminal Justice Information |
Authority. The status and rights of those employees under the |
Personnel Code shall not be affected by the transfer. The |
rights of the employees and the State of Illinois and its |
agencies under the Personnel Code and applicable collective |
bargaining agreements or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act. |
(c) As soon as practicable after the effective date of this |
amendatory Act of the 97th General Assembly, all books, |
records, papers, documents, property (real and personal), |
contracts, causes of action, and pending business pertaining to |
the powers, duties, rights, and responsibilities transferred |
by this amendatory Act of the 97th General Assembly from the |
Illinois Violence Prevention Authority to the Illinois |
Criminal Justice Information Authority, including, but not |
limited to, material in electronic or magnetic format and |
necessary computer hardware and software, shall be transferred |
to the Illinois Criminal Justice Information Authority. |
(d) As soon as practicable after the effective date of this |
amendatory Act of the 97th General Assembly, all unexpended |
appropriations and balances and other funds available for use |
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by the Illinois Violence Prevention Authority shall be |
transferred for use by the Illinois Criminal Justice |
Information Authority. Unexpended balances so transferred |
shall be expended only for the purpose for which the |
appropriations were originally made. |
(e) The powers, duties, rights, and responsibilities |
transferred from the Illinois Violence Prevention Authority by |
this amendatory Act of the 97th General Assembly shall be |
vested in and shall be exercised by the Illinois Criminal |
Justice Information Authority. |
(f) Whenever reports or notices are now required to be made |
or given or papers or documents furnished or served by any |
person to or upon the Illinois Violence Prevention Authority in |
connection with any of the powers, duties, rights, and |
responsibilities transferred by this amendatory Act of the 97th |
General Assembly, the same shall be made, given, furnished, or |
served in the same manner to or upon the Illinois Criminal |
Justice Information Authority. |
(g) This amendatory Act of the 97th General Assembly does |
not affect any act done, ratified, or canceled or any right |
occurring or established or any action or proceeding had or |
commenced in an administrative, civil, or criminal cause by the |
Illinois Violence Prevention Authority before this amendatory |
Act of the 97th General Assembly takes effect; such actions or |
proceedings may be prosecuted and continued by the Illinois |
Criminal Justice Information Authority. |
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(h) Any rules of the Illinois Violence Prevention Authority |
that relate to its powers, duties,
rights, and responsibilities |
and are in full force on the effective date of this amendatory |
Act of the 97th General Assembly shall become the rules of the |
Illinois Criminal Justice Information Authority. This |
amendatory Act of the 97th General Assembly does not affect the |
legality of any such rules in the Illinois Administrative Code. |
Illinois Criminal Justice Information Authority rules shall |
control in instances where the rules overlap or are otherwise |
inconsistent. |
Any proposed rules filed with the Secretary of State by the |
Illinois Violence Prevention Authority that are pending in the |
rulemaking process on the effective date of this amendatory Act |
of the 97th General Assembly and pertain to the powers, duties,
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rights, and responsibilities transferred, shall be deemed to |
have been filed by the Illinois Criminal Justice Information |
Authority. As soon as practicable after the effective date of |
this amendatory Act of the 97th General Assembly, the Illinois |
Criminal Justice Information Authority shall revise and |
clarify the rules transferred to it under this amendatory Act |
to reflect the reorganization of powers, duties,
rights, and |
responsibilities affected by this amendatory Act, using the |
procedures for recodification of rules available under the |
Illinois Administrative Procedure Act, except that existing |
title, part, and section numbering for the affected rules may |
be retained. The Illinois Criminal Justice Information |
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Authority may propose and adopt under the Illinois |
Administrative Procedure Act such other rules of the Illinois |
Violence Prevention Authority that will now be administered by |
the Illinois Criminal Justice Information Authority. |
(i) To the extent that, prior to the effective date of this |
amendatory Act of the 97th General Assembly, the Executive |
Director of the Illinois Violence Prevention Authority had been |
empowered to prescribe rules with regard to the powers, duties,
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rights, and responsibilities of the Illinois Violence |
Prevention Authority, such duties shall be exercised solely by |
the Executive Director of the Illinois Criminal Justice |
Information Authority, beginning on the effective date of this |
amendatory Act of the 97th General Assembly.
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(20 ILCS 3930/10.2 new) |
Sec. 10.2. ICJIA Violence Prevention Fund. |
(a) The ICJIA Violence Prevention Fund is hereby |
established as a special fund in the State Treasury into which |
funds received from private, state, or federal sources |
specifically for violence prevention may be deposited, and from |
which funds shall be appropriated to the Authority for the |
purpose of exercising the powers specified in items (1) through |
(4) of subsection (a) of Section 10.1 of this Act. |
(b) The Fund is a continuation of the Violence Prevention |
Fund, which was created under Section 20 of the Illinois |
Violence Prevention Act and repealed by this amendatory Act of |
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the 97th General Assembly. |
(c) Unexpended balances transferred by this amendatory Act |
of the 97th General Assembly may be expended by the Authority |
but only for the purpose for which the appropriation was |
originally made.
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(20 ILCS 4027/5 rep.)
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(20 ILCS 4027/10 rep.)
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(20 ILCS 4027/15 rep.)
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Section 10. The Illinois Violence Prevention Act of 1995 is |
amended by repealing Sections 5, 10, and 15.
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(20 ILCS 4027/Act rep.) |
Section 15. The Illinois Violence Prevention Act of 1995 is |
repealed.
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Section 20. The State Finance Act is amended by changing |
Section 5.424 as follows:
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(30 ILCS 105/5.424)
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Sec. 5.424. The ICJIA Violence Prevention Fund. |
(Source: P.A. 89-353, eff. 8-17-95; 89-626, eff. 8-9-96.)
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Section 35. The Illinois Vehicle Code is amended by |
changing Section 3-630 as follows:
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(625 ILCS 5/3-630)
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Sec. 3-630. Violence prevention license plate.
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(a) The Secretary, upon receipt of an application made in |
the form
prescribed by the Secretary of State, may issue |
special registration plates
designated to be Violence |
Prevention plates. The special plates issued under
this Section |
shall be affixed only to passenger vehicles of the first |
division
or motor vehicles of the second division weighing not |
more than 8,000 pounds.
Plates issued under this Section shall |
expire according to the multi-year
procedure established by |
Section 3-414.1 of this Code.
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(b) The design and color of the plates shall be wholly |
within the discretion
of the Secretary of State. Appropriate |
documentation, as determined by the
Secretary, shall accompany |
the application.
Beginning January 1, 1999, the Secretary may, |
in his or her discretion, allow
the plates to be issued as |
vanity plates or personalized in accordance with
Section |
3-405.1 of this Code.
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(c) An applicant shall be charged a $40 dollar fee for |
original issuance
in addition to the appropriate registration |
fee, if applicable. Of this fee,
$25 shall be deposited into |
the ICJIA Violence Prevention Fund as created by this Act
and |
$15 shall be deposited into the Secretary of State Special |
License Plate
Fund to be used by the Secretary of State to help |
defray the administrative
processing costs. For each |
registration renewal period a $27 fee, in addition
to the |
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appropriate registration fee, shall be charged. Of this fee, |
$25 shall
be deposited into the ICJIA Violence Prevention Fund |
and $2 shall be deposited into
the Secretary of State Special |
License Plate Fund.
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(Source: P.A. 89-353, eff. 8-17-95; 89-626, eff. 8-9-96; |
90-619, eff. 1-1-99.)
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Section 99. Effective date. This Act takes effect upon |
becoming law, except that Section 15 takes effect on June 30, |
2013.
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