State of Illinois
91st General Assembly

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 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.

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