(a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
(1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice.
(b) Except as provided in subdivision
(c), every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
(1) Making any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof.
(3) Arresting or causing or seeking the arrest of any person in connection with that victimization.
(c) Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:
(1) Where the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the property of any victim, witness, or any third person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been convicted of any violation of this section, any predecessor law hereto or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation of this section.
(4) Where the act is committed by any person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to such a transaction are guilty of a felony.
(d) Every person attempting the commission of any act described in subdivisions (a), (b), and (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section.
(e) Nothing in this section precludes the imposition of an enhancement for great bodily injury where the injury inflicted is significant or substantial.
(f) The use of force during the commission of any offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section 1170.
(Top)(b) In any investigation or prosecution of a serious felony offense, the prosecutorial official shall review all witnesses to the offense and may identify any witness as a witness at risk of harm. Upon such identification, the prosecutorial official shall then determine whether a witness at risk of harm is critical to a criminal investigation or prosecution. If the witness at risk of harm is determined to be critical to such investigation or prosecution, the prosecutorial official may (1) certify that the witness receive protective services or (2) if the prosecutorial official finds a compelling need to temporarily relocate the witness, certify that the witness receive protective services including temporary relocation services. In determining whether a witness should receive protective services, the prosecutorial official shall give special consideration to a witness who is a child, elderly, or handicapped or otherwise more at risk of being intimidated, harassed, threatened, retaliated against, or subjected to physical violence or who is a witness in a case involving organized crime, gang activities, or drug trafficking or involving a high degree of risk to the witness.
(Top) To assist victims and witnesses in gang crime prosecutions through the administration of funds appropriated from the Gang Violence Victims and Witnesses Fund to the Department. Those funds shall be appropriated to the Department and shall only be used to assist victims and witnesses in gang crime prosecutions. The assistance may include any of the following:
(1) Temporary living costs.
(2) Moving expenses.
(3) Closing costs on the sale of a private residence.
(4) First month's rent.
(5) Security deposits.
(6) Apartment location assistance.
(7) Other expenses that the Department considers appropriate.
(8) Compensation for any loss of or injury to real or personal property resulting from a gang crime to a maximum of $ 5,000, subject to the following provisions:
(A) In the case of loss of property, the amount of compensation shall be measured by the replacement cost of similar or like property that has been incurred by and that is substantiated by the property owner.
(B) In the case of injury to property, the amount of compensation shall be measured by the cost of repair incurred and that can be substantiated by the property owner.
(C) Compensation under this provision is a secondary source of compensation and shall be reduced by any amount the property owner receives from any other source as compensation for the loss or injury, including, but not limited to, personal insurance coverage.
(D) No compensation may be awarded if the property owner was an offender or an accomplice of the offender or if the award would unjustly benefit the offender or offenders or an accomplice of the offender or offenders.
No victim or witness may receive assistance under this Section if he or she is not a part of or fails to fully cooperate in the prosecution of gang crime members by law enforcement authorities.
Illinois § 725 ILCS 172/5-15. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Funding
Sec. 5-15. 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.
Illinois § 725 ILCS 172/5-20. (For postponed repeal of this Act, see 725 ILCS 172/5-30) Gang Crime Witness Protection Fund
Sec. 5-20. 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.
(Top)(a) The gang crime witness protection program is established.
(b) The gang crime witness protection program shall be developed and maintained to assist witnesses of gang crimes with:
(1) Temporary living costs;
(2) Moving expenses;
(3) Rent;
(4) Security deposits; and
(5) Other appropriate expenses of relocation or transitional housing.
(c) The institute shall develop and maintain procedures to award funds for the purposes described in subsection (b) to an individual who witnesses a gang crime.
(a) The gang crime witness protection fund is established. The institute shall administer the fund.
(b) The fund consists of:
(1) Money identified and obtained by the institute under subsection (d);
(2) Appropriations made to the fund by the general assembly; and
(3) Grants, gifts, and donations to the fund.
(c) The institute shall use money in the fund for costs described in section 21(b) [IC 5-2-6-21(b)] of this chapter.
(d) The institute shall identify and obtain grants and other funds that can be used to fund the gang crime witness protection program under section 21 [IC 5-2-6-21] of this chapter.
(e) Money in the gang crime witness protection fund at the end of a state fiscal year does not revert to the state general fund.
In addition to any sentence or fine imposed on a criminal gang member for committing a felony or misdemeanor, the court shall order a criminal gang member convicted of a felony or misdemeanor to make restitution to the victim of the crime under IC 35-50-5-3.
(Top)(A) It is unlawful for a criminal gang member by threat or force to:
(1) prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity; or
(2) attempt to prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity.
(B) A criminal gang member who violates a provision of this section is guilty of a felony and, upon conviction, must be punished by a fine of not more than $10,000 or imprisoned for not more than 10 years, or both.
(C) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of his actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.
(D) Nothing in this section limits prosecution under any other provision of law.
(Top)The legislature recognizes that witnesses are often fearful of testifying against criminal gang members. Witnesses may be subject to harassment, intimidation, and threats. While the state does not ensure protection of witnesses, the state intends to provide resources to assist local prosecutors in combating gang-related crimes and to help citizens perform their civic duty to testify in these cases.