Bill Text: IL HB2769 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Crime and Traffic Assessment Act. Provides that an additional assessment of $100 shall be imposed upon any person who pleads guilty, is convicted of, or who receives a disposition of court supervision for, a sex offense or an attempted sex offense. Provides that the funds shall be deposited in the State Crime Laboratory Fund to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under the Sexual Assault Evidence Submission Act to assist in reduction of the number of unanalyzed and unprocessed Kits. Amends the Unified Code of Corrections. Defines "sex offense".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2769 Detail]

Download: Illinois-2019-HB2769-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2769 Introduced , by Rep. Maurice A. West II SYNOPSIS AS INTRODUCED:
705 ILCS 135/15-20
705 ILCS 135/15-40
730 ILCS 5/5-9-1.7 from Ch. 38, par. 1005-9-1.7
Amends the Crime and Traffic Assessment Act. Provides that an additional assessment of $100 shall be imposed upon any person who pleads guilty, is convicted of, or who receives a disposition of court supervision for, a sex offense or an attempted sex offense. Provides that the funds shall be deposited in the State Crime Laboratory Fund to pay for the costs of processing and analyzing the Illinois State Police Sexual Assault Evidence Collection Kits under the Sexual Assault Evidence Submission Act to assist in reduction of the number of unanalyzed and unprocessed Kits. Amends the Unified Code of Corrections. Defines "sex offense".
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2769 LRB101 08351 SLF 53420 b
AN ACT concerning sexual assault assessments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal and Traffic Assessment Act is
amended by changing Sections 15-20 and 15-40 as follows:
(705 ILCS 135/15-20)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-20. SCHEDULE 4; felony sex offenses.
SCHEDULE 4: For a felony or attempted felony under Article
11 or Section 12-33 of the Criminal Code of 2012, the Clerk of
the Circuit Court shall collect $1,414 $1,314 and remit as
follows:
(1) As the county's portion, $354 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $255 into the county's General Fund;
(E) $10 into the Child Advocacy Center Fund;
(F) $2 into the State's Attorney Records Automation

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Fund;
(G) $2 into the Public Defender Records Automation
Fund;
(H) $20 into the County Jail Medical Costs Fund; and
(I) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $1,060 $960 to the State
Treasurer, who shall deposit the money as follows:
(A) $520 into the State Police Operations Assistance
Fund;
(B) $100 into the Violent Crime Victims Assistance
Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and
Services Fund;
(E) $5 into the State Police Merit Board Public Safety
Fund; and
(F) $35 into the Traffic and Criminal Conviction
Surcharge Fund; and .
(G) $100 into the State Crime Laboratory Fund, to pay
for the costs of processing and analyzing the Illinois
State Police Sexual Assault Evidence Collection Kits under
Section 15 of the Sexual Assault Evidence Submission Act to
assist in reduction of the number of un-analyzed and
unprocessed Kits.
(Source: P.A. 100-987, eff. 7-1-19.)

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(705 ILCS 135/15-40)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-40. SCHEDULE 8; misdemeanor sex offenses.
SCHEDULE 8: For a misdemeanor or attempted misdemeanor
under Article 11 of the Criminal Code of 2012, the Clerk of the
Circuit Court shall collect $1,284 $1,184 and remit as follows:
(1) As the county's portion, $282 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund;
(E) $185 into the county's General Fund;
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $1,000 $900 to the State
Treasurer, who shall deposit the money as follows:

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(A) $500 into the State Police Operations Assistance
Fund;
(B) $75 into the Violent Crime Victims Assistance Fund;
(C) $200 into the Sexual Assault Services Fund;
(D) $100 into the Domestic Violence Shelter and Service
Fund;
(E) $5 into the State Police Merit Board Public Safety
Fund; and
(F) $20 into the Traffic and Criminal Conviction
Surcharge Fund; and .
(G) $100 into the State Crime Laboratory Fund, to pay
for the costs of processing and analyzing the Illinois
State Police Sexual Assault Evidence Collection Kits under
Section 15 of the Sexual Assault Evidence Submission Act to
assist in reduction of the number of unanalyzed and
unprocessed Kits.
(3) As the arresting agency's portion, $2, to the treasurer
of the unit of local government of the arresting agency, who
shall deposit the money into the E-citation Fund of that unit
of local government or as provided in subsection (c) of Section
10-5 of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally.
(Source: P.A. 100-987, eff. 7-1-19.)

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Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-1.7 as follows:
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
(1) "Sexual assault" means the commission or attempted
commission of the following: sexual exploitation of a
child, criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
indecent solicitation of a child, public indecency, sexual
relations within families, promoting juvenile
prostitution, soliciting for a juvenile prostitute,
keeping a place of juvenile prostitution, patronizing a
juvenile prostitute, juvenile pimping, exploitation of a
child, obscenity, child pornography, aggravated child
pornography, harmful material, or ritualized abuse of a
child, as those offenses are defined in the Criminal Code
of 1961 or the Criminal Code of 2012.
(2) "Family member" shall have the meaning ascribed to
it in Section 11-0.1 of the Criminal Code of 2012.
(3) "Sexual assault organization" means any
not-for-profit organization providing comprehensive,

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community-based services to victims of sexual assault.
"Community-based services" include, but are not limited
to, direct crisis intervention through a 24-hour response,
medical and legal advocacy, counseling, information and
referral services, training, and community education.
(b) Sexual assault fine; collection by clerk.
(1) In addition to any other penalty imposed, a fine of
$200 shall be imposed upon any person who pleads guilty or
who is convicted of, or who receives a disposition of court
supervision for, a sexual assault or attempt of a sexual
assault. Upon request of the victim or the victim's
representative, the court shall determine whether the fine
will impose an undue burden on the victim of the offense.
For purposes of this paragraph, the defendant may not be
considered the victim's representative. If the court finds
that the fine would impose an undue burden on the victim,
the court may reduce or waive the fine. The court shall
order that the defendant may not use funds belonging solely
to the victim of the offense for payment of the fine.
(2) Sexual assault fines shall be assessed by the court
imposing the sentence and shall be collected by the circuit
clerk. The circuit clerk shall retain 10% of the penalty to
cover the costs involved in administering and enforcing
this Section. The circuit clerk shall remit the remainder
of each fine within one month of its receipt to the State
Treasurer for deposit as follows:

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(i) for family member offenders, one-half to the
Sexual Assault Services Fund, and one-half to the
Domestic Violence Shelter and Service Fund; and
(ii) for other than family member offenders, the
full amount to the Sexual Assault Services Fund.
(c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under this Section shall be appropriated to the
Department of Public Health. Upon appropriation of moneys from
the Sexual Assault Services Fund, the Department of Public
Health shall make grants of these moneys from the Fund to
sexual assault organizations with whom the Department has
contracts for the purpose of providing community-based
services to victims of sexual assault. Grants made under this
Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. In The terms used in this Section shall
have the following meanings ascribed to them:
(1) "Sexual assault" means the commission or attempted
commission of the following: sexual exploitation of a
child, criminal sexual assault, predatory criminal sexual

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assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
indecent solicitation of a child, public indecency, sexual
relations within families, promoting juvenile
prostitution, soliciting for a juvenile prostitute,
keeping a place of juvenile prostitution, patronizing a
juvenile prostitute, juvenile pimping, exploitation of a
child, obscenity, child pornography, aggravated child
pornography, harmful material, or ritualized abuse of a
child, as those offenses are defined in the Criminal Code
of 1961 or the Criminal Code of 2012.
(2) (Blank).
(3) "Sexual assault organization" means any
not-for-profit organization providing comprehensive,
community-based services to victims of sexual assault.
"Community-based services" include, but are not limited
to, direct crisis intervention through a 24-hour response,
medical and legal advocacy, counseling, information and
referral services, training, and community education.
(4) "Sex offense" means the commission or attempted
commission of an offense defined in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012, except
prostitution, duty of commercial film and photographic
print processors or computer technicians to report sexual
depiction of children, tie-in sales of obscene
publications to distributors, public indecency, adultery,

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fornication, bigamy, or marrying a bigamist.
(b) (Blank).
(c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under Section 15-20 and 15-40 of the Criminal and
Traffic Assessment Act shall be appropriated to the Department
of Public Health. Upon appropriation of moneys from the Sexual
Assault Services Fund, the Department of Public Health shall
make grants of these moneys from the Fund to sexual assault
organizations with whom the Department has contracts for the
purpose of providing community-based services to victims of
sexual assault. Grants made under this Section are in addition
to, and are not substitutes for, other grants authorized and
made by the Department.
(Source: P.A. 100-987, eff. 7-1-19.)