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91_HB0405
LRB9102071RCpcA
1 AN ACT in relation to offenses committed against persons
2 at least 60 years of age or physically handicapped persons.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by adding
6 Section 5.490 as follows:
7 (30 ILCS 105/5.490 new)
8 Sec. 5.490. The Senior Citizens and Physically
9 Handicapped Persons Victims Investigation Fund.
10 Section 10. The Unified Code of Corrections is amended
11 by adding Section 5-9-1.12 as follows:
12 (730 ILCS 5/5-9-1.12 new)
13 Sec. 5-9-1.12. Surcharge for offenses against a person
14 at least 60 years of age or a physically handicapped person.
15 (a) There shall be added to every penalty imposed in
16 sentencing for an offense in which the victim was a person at
17 least 60 years of age or a physically handicapped person an
18 additional surcharge in an amount equal to 10% of the fine
19 imposed by the court upon a person who pleads guilty or who
20 is convicted of, or who receives a disposition of court
21 supervision for that offense.
22 (b) The additional surcharge shall be assessed by the
23 court imposing sentence and shall be collected by the Circuit
24 Clerk in addition to the fine, if any, and costs in the case.
25 Each such additional surcharge shall be remitted by the
26 Circuit Clerk within one month after receipt to the State
27 Treasurer for deposit into the Senior Citizens and Physically
28 Handicapped Persons Victims Investigation Fund that is
29 created in the State Treasury.
-2- LRB9102071RCpcA
1 Moneys in the Fund shall be used by the Department of
2 State Police to make grants to local law enforcement agencies
3 for the investigation of crimes committed against persons at
4 least 60 years of age and against physically handicapped
5 persons. The Circuit Clerk shall retain 10% of such
6 surcharge to cover the costs incurred in administering and
7 enforcing this Section. The additional surcharge shall not
8 be considered a part of the fine for purposes of any
9 reduction in the fine for time served either before or after
10 sentencing.
11 Not later than March 1 of each year the Clerk of the
12 Circuit Court shall submit to the State Comptroller a report
13 of the amount of funds remitted by him to the State Treasurer
14 under this Section during the preceding calendar year.
15 Except as otherwise provided by Supreme Court Rules, if a
16 court in sentencing an offender levies a gross amount for
17 fine, costs, fees and penalties, the amount of the additional
18 surcharge provided for in this Section shall be collected
19 from the amount remaining after deducting from the gross
20 amount levied all fees of the Circuit Clerk, the State's
21 Attorney, and the Sheriff. After deducting from the gross
22 amount levied the fees and additional surcharge provided for
23 in this Section less any other additional penalties provided
24 by law, the clerk shall remit the net balance remaining to
25 the entity authorized by law to receive the fine imposed in
26 the case. For purposes of this Section "fees of the Circuit
27 Clerk" shall include, if applicable, the fee provided for
28 under Section 27.3a of the Clerks of Courts Act and the fee,
29 if applicable, payable to the county in which the violation
30 occurred under Section 5-1101 of the Counties Code.