[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_SB0599enr
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 Enrolled LRB9002834RCks
1 AN ACT in relation to consumer fraud.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Sections 5.449 and 5.450 as follows:
6 (30 ILCS 105/5.449 new)
7 Sec. 5.449. The Elderly Victim Fund.
8 (30 ILCS 105/5.450 new)
9 Sec. 5.450. The Attorney General Court Ordered and
10 Voluntary Compliance Payment Projects Fund.
11 Section 10. The Consumer Fraud and Deceptive Business
12 Practices Act is amended by changing Section 7 as follows:
13 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
14 Sec. 7. Injunctive relief; restitution; and civil
15 penalties.
16 (a) Whenever the Attorney General or a State's Attorney
17 has reason to believe that any person is using, has used, or
18 is about to use any method, act or practice declared by this
19 Act to be unlawful, and that proceedings would be in the
20 public interest, he or she may bring an action in the name of
21 the People of the State against such person to restrain by
22 preliminary or permanent injunction the use of such method,
23 act or practice. The Court, in its discretion, may exercise
24 all powers necessary, including but not limited to:
25 injunction; revocation, forfeiture or suspension of any
26 license, charter, franchise, certificate or other evidence of
27 authority of any person to do business in this State;
28 appointment of a receiver; dissolution of domestic
SB599 Enrolled -2- LRB9002834RCks
1 corporations or association suspension or termination of the
2 right of foreign corporations or associations to do business
3 in this State; and restitution.
4 (b) In addition to the remedies provided herein, the
5 Attorney General or State's Attorney may request and the
6 Court may impose a civil penalty in a sum not to exceed
7 $50,000 against any person found by the Court to have engaged
8 in any method, act or practice declared unlawful under this
9 Act. In the event the court finds the method, act or
10 practice to have been entered into with the intent to
11 defraud, the court has the authority to impose a civil
12 penalty in a sum not to exceed $50,000 per violation.
13 (c) In addition to any other civil penalty provided in
14 this Section, if a person is found by the court to have
15 engaged in any method, act, or practice declared unlawful
16 under this Act, and the violation was committed against a
17 person 65 years of age or older, the court may impose an
18 additional civil penalty not to exceed $10,000 for each
19 violation.
20 A civil penalty imposed under this subsection (c) shall
21 be paid to the State treasurer who shall deposit the money in
22 the State treasury in a special fund designated the Elderly
23 Victim Fund. Fifty percent of all moneys deposited in the
24 Fund shall be appropriated to the Attorney General for the
25 investigation and prosecution of frauds against persons 65
26 years of age or older and 50% of all moneys in the Fund shall
27 be appropriated to the Attorney General to develop and
28 implement State-wide education initiatives to inform persons
29 65 years of age or older, law enforcement agencies, the
30 judicial system, social service professionals, and the
31 general public about prevention of consumer crimes against
32 persons 65 years of age or older, and about the provisions of
33 this Section, the penalties for violations of this Section,
34 and the remedies available for victims of those violations.
SB599 Enrolled -3- LRB9002834RCks
1 An award of restitution under subsection (a) has priority
2 over a civil penalty imposed by the court under this
3 subsection.
4 In determining whether to impose a civil penalty under
5 this subsection and the amount of any penalty, the court
6 shall consider the following:
7 (1) Whether the defendant's conduct was in willful
8 disregard of the rights of the person 65 years of age or
9 older.
10 (2) Whether the defendant knew or should have known
11 that the defendant's conduct was directed to a person 65
12 years of age or older.
13 (3) Whether the person 65 years of age or older was
14 substantially more vulnerable to the defendant's conduct
15 because of age, poor health, infirmity, impaired
16 understanding, restricted mobility, or disability, than
17 other persons.
18 (4) Any other factors the court deems appropriate.
19 (d) This Section applies if: (i) a court orders a party
20 to make payments to the Attorney General and the payments are
21 to be used for the operations of the Office of the Attorney
22 General or (ii) a party agrees, in an Assurance of Voluntary
23 Compliance under this Act, to make payments to the Attorney
24 General for the operations of the Office of the Attorney
25 General.
26 (e) Moneys paid under any of the conditions described in
27 subsection (d) shall be deposited into the Attorney General
28 Court Ordered and Voluntary Compliance Payment Projects Fund,
29 which is created as a special fund in the State Treasury.
30 Moneys in the Fund shall be used, subject to appropriation,
31 for the performance of any function pertaining to the
32 exercise of the duties of the Attorney General including but
33 not limited to enforcement of any law of this State and
34 conducting public education programs; however, any moneys in
SB599 Enrolled -4- LRB9002834RCks
1 the Fund that are required by the court or by an agreement to
2 be used for a particular purpose shall be used for that
3 purpose.
4 (Source: P.A. 85-1209.)