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90_HB2669 30 ILCS 105/5.480 new 730 ILCS 5/5-9-1.12 new Amends the State Finance Act. Creates the Senior Citizens and Physically Handicapped Persons Victims Investigation Fund in the State Treasury. Amends the Unified Code of Corrections. Provides that a 10% surcharge shall be added to every penalty for claims committed against persons at least 60 years of age and physically handicapped persons. Provides that the surcharges shall be deposited into the Senior Citizens and Physically Handicapped Persons Victims Investigation Fund. Provides that moneys in the Fund shall be used by the Department of State Police to make grants to local law enforcement agencies to investigate crimes committed against persons at least 60 years of age and physically handicapped persons. LRB9008360RCks LRB9008360RCks 1 AN ACT in relation to offenses committed against persons 2 at least 60 years of age and 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 5.480 as follows: 7 (30 ILCS 105/5.480 new) 8 Sec. 5.480. 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- LRB9008360RCks 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.