State Codes and Statutes

Statutes > Illinois > Chapter725 > 1982 > 072501720HArt_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    (Section scheduled to be repealed July 1, 2012)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.)

    (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    (Section scheduled to be repealed on July 1, 2012)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.)

    (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    (Section scheduled to be repealed on July 1, 2012)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.)

    (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    (Section scheduled to be repealed July 1, 2012)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

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 promulgated 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.

(Source: P.A. 91‑42, eff. 6‑30‑99.)

    (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.)

    (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.)

    (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.)

    (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

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.

(2) Senate Bill 1846 of the 90th General Assembly

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.

(3) The Statute on Statutes sets forth general rules

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".

(4) The actions of the General Assembly clearly

manifest the intention of the General Assembly to change the Gang Crime Witness Protection Act's repeal date to June 30, 1999.

(5) Any construction of Section 5‑30 of the Gang

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.

(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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)