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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_SB0599eng
30 ILCS 105/5.449 new
815 ILCS 505/7 from Ch. 121 1/2, par. 267
Amends the State Finance Act and the Consumer Fraud and
Deceptive Business Practices Act. Provides that if a person
engages in an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act and the victim is at least
65 years of age, the court may impose an additional civil
penalty not to exceed $5,000 for each violation. Creates the
Elderly Victim Fund in the State treasury administered by the
Attorney General. Provides that moneys in the Fund shall be
used for the investigation and prosecution of frauds against
persons at least 65 years of age. Provides that an award of
restitution has priority over the additional civil penalty.
LRB9002834RCks
SB599 Engrossed LRB9002834RCks
1 AN ACT in relation to consumer fraud committed against
2 persons at least 65 years of age, amending named Acts.
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 5.449 as follows:
7 (30 ILCS 105/5.449 new)
8 Sec. 5.449. The Elderly Victim Fund.
9 Section 10. The Consumer Fraud and Deceptive Business
10 Practices Act is amended by changing Section 7 as follows:
11 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
12 Sec. 7. Injunctive relief; restitution; and civil
13 penalties.
14 (a) Whenever the Attorney General or a State's Attorney
15 has reason to believe that any person is using, has used, or
16 is about to use any method, act or practice declared by this
17 Act to be unlawful, and that proceedings would be in the
18 public interest, he or she may bring an action in the name of
19 the People of the State against such person to restrain by
20 preliminary or permanent injunction the use of such method,
21 act or practice. The Court, in its discretion, may exercise
22 all powers necessary, including but not limited to:
23 injunction; revocation, forfeiture or suspension of any
24 license, charter, franchise, certificate or other evidence of
25 authority of any person to do business in this State;
26 appointment of a receiver; dissolution of domestic
27 corporations or association suspension or termination of the
28 right of foreign corporations or associations to do business
29 in this State; and restitution.
SB599 Engrossed -2- LRB9002834RCks
1 (b) In addition to the remedies provided herein, the
2 Attorney General or State's Attorney may request and the
3 Court may impose a civil penalty in a sum not to exceed
4 $50,000 against any person found by the Court to have engaged
5 in any method, act or practice declared unlawful under this
6 Act. In the event the court finds the method, act or
7 practice to have been entered into with the intent to
8 defraud, the court has the authority to impose a civil
9 penalty in a sum not to exceed $50,000 per violation.
10 (c) In addition to any other civil penalty provided in
11 this Section, if a person is found by the court to have
12 engaged in any method, act, or practice declared unlawful
13 under this Act, and the violation was committed against a
14 person 65 years of age or older, the court may impose an
15 additional civil penalty not to exceed $10,000 for each
16 violation.
17 A civil penalty imposed under this subsection (c) shall
18 be paid to the State treasurer who shall deposit the money in
19 the State treasury in a special fund designated the Elderly
20 Victim Fund. Fifty percent of all moneys deposited in the
21 Fund shall be appropriated to the Attorney General for the
22 investigation and prosecution of frauds against persons 65
23 years of age or older and 50% of all moneys in the Fund shall
24 be appropriated to the Attorney General to develop and
25 implement State-wide education initiatives to inform persons
26 65 years of age or older, law enforcement agencies, the
27 judicial system, social service professionals, and the
28 general public about prevention of consumer crimes against
29 persons 65 years of age or older, and about the provisions of
30 this Section, the penalties for violations of this Section,
31 and the remedies available for victims of those violations.
32 An award of restitution under subsection (a) has priority
33 over a civil penalty imposed by the court under this
34 subsection.
SB599 Engrossed -3- LRB9002834RCks
1 In determining whether to impose a civil penalty under
2 this subsection and the amount of any penalty, the court
3 shall consider the following:
4 (1) Whether the defendant's conduct was in willful
5 disregard of the rights of the person 65 years of age or
6 older.
7 (2) Whether the defendant knew or should have known
8 that the defendant's conduct was directed to a person 65
9 years of age or older.
10 (3) Whether the person 65 years of age or older was
11 substantially more vulnerable to the defendant's conduct
12 because of age, poor health, infirmity, impaired
13 understanding, restricted mobility, or disability, than
14 other persons.
15 (4) Any other factors the court deems appropriate.
16 (Source: P.A. 85-1209.)