2005 Illinois Code - 725 ILCS 172/ Gang Crime Witness Protection Act. Article 5
(725 ILCS 172/Art. 5 heading)
ARTICLE 5.
(725 ILCS 172/5‑1)
(Section scheduled to be repealed July 1, 2012)
Sec. 5‑1.
Short title.
This Article may be cited as the Gang Crime
Witness Protection Act, and references in this Article to "this Act" mean
this Article.
(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑5)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑5.
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.
(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑10)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑10.
Pilot program.
The Department of State Police shall establish
and administer a pilot 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 Fund
and appropriated from that Fund for the purposes of this Act.
(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑15)
(Section scheduled to be repealed July 1, 2012)
Sec. 5‑15.
Funding.
The Department of State Police, in consultation with
the Attorney General, shall promulgate 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 |
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(1) temporary living costs;
(2) moving expenses;
(3) rent;
(4) security deposits; and
(5) other appropriate expenses of relocation or
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(b) Approval of applications made by State's
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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 promulgated rules, for good cause shown;
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(c) Counties providing assistance consistent with
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the limitations in this Act may apply for reimbursement of up to 75% of their costs; and
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(d) No more than 50% of funding available in any
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given fiscal year may be used for costs associated with any single county.
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(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑20)
(Section scheduled to be repealed July 1, 2012)
Sec. 5‑20.
Gang Crime Witness Protection Fund.
There is created in the
State Treasury the Gang Crime Witness Protection Fund into which shall be
deposited appropriated funds, grants, or other funds made available to the
Department of State Police 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.
(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑25)
(Section scheduled to be repealed July 1, 2012)
Sec. 5‑25.
Period of operation.
The pilot program created by this Act shall
begin operation on July 1, 1996 and shall continue through June 30, 1998. The
Illinois Criminal Justice Information Authority shall undertake a complete
evaluation of the first 12 months of the program's operation, and shall report
to the General Assembly on the effectiveness and necessity of the program no
later than December 31, 1997.
(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑30)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑30.
Repeal.
This Act is repealed on July 1, 2012.
(Source: P.A. 93‑257, eff. 7‑22‑03.)
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(725 ILCS 172/5‑35)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑35.
Continuation of Act; validation.
(a) The General Assembly finds and declares that:
(1) When the Gang Crime Witness Protection Act was |
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originally enacted by Public Act 89‑498, effective June 27, 1996, it included a Section 5‑30, which repealed the Act on June 30, 1998.
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(2) Senate Bill 1846 of the 90th General Assembly
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included a provision that amended the Gang Crime Witness Protection Act by changing Section 5‑30 to make the Act's repeal date June 30, 1999. Senate Bill 1846 passed both houses on May 21, 1998. Senate Bill 1846 provided that it took effect upon becoming law. Senate Bill 1846 was sent to the Governor on June 19, 1998. Senate Bill 1846 was not approved by the Governor until August 14, 1998. Senate Bill 1846 became Public Act 90‑795.
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(3) The Statute on Statutes sets forth general rules
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on the repeal of statutes, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".
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(4) The actions of the General Assembly clearly
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manifest the intention of the General Assembly to change the Gang Crime Witness Protection Act's repeal date to June 30, 1999.
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(5) Any construction of Section 5‑30 of the Gang
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Crime Witness Protection Act that results in the repeal of the Act on June 30, 1998 would be inconsistent with the manifest intent of the General Assembly.
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(b) It is hereby declared to have been the intent of the General Assembly,
in enacting Public Act 90‑795, that Section 5‑30 of the Gang Crime Witness
Protection Act be changed to make June 30, 1999 the repeal date of the Gang
Crime Witness Protection Act, and that the Gang Crime Witness Protection Act
therefore not be subject to repeal on June 30, 1998.
(c) The Gang Crime Witness Protection Act shall be deemed to have been in
continuous effect since its original effective date, and it shall continue to
be in effect
until it is otherwise repealed.
(d) All actions taken in reliance on or pursuant to the Gang Crime Witness
Protection Act by any officer or agency of State government or any other person
or entity are validated.
(e) To ensure the continuing effectiveness of the Gang Crime Witness
Protection
Act, it is set forth in full and re‑enacted by this amendatory Act. This
re‑enactment is intended as a continuation of the Act. It is not intended to
supersede any amendment to the Act that is enacted by the General
Assembly.
(f) This Act applies to all claims, civil actions, and
proceedings pending on or filed on, before, or after the effective date of this
amendatory Act.
(g) The General Assembly also intends in this amendatory Act to change the
repeal date of the Gang Crime Witness Protection Act to July 1, 2004.
(Source: P.A. 91‑42, eff. 6‑30‑99.)
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(725 ILCS 172/5‑105)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑105.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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(725 ILCS 172/5‑110)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑110.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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(725 ILCS 172/5‑115)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑115.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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(725 ILCS 172/5‑120)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑120.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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(725 ILCS 172/5‑125)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑125.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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(725 ILCS 172/5‑130)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑130.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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(725 ILCS 172/5‑135)
(Section scheduled to be repealed on July 1, 2012)
Sec. 5‑135.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑498, eff. 6‑27‑96; text omitted.)
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