State of Illinois
91st General Assembly

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HB2813 Engrossed                               LRB9104973DJcd

 1        AN ACT concerning consumer fraud, amending named Acts.

 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 changing
 5    Section 5.467 as follows:

 6        (30 ILCS 105/5.467)
 7        Sec. 5.467.  The Elderly and Disabled Victim Fund.
 8    (Source: P.A. 90-414, eff. 1-1-98; 90-655, eff. 7-30-98.)

 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.
HB2813 Engrossed            -2-                LRB9104973DJcd
 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 or against a disabled person
15    as defined in the Probate Act of 1975, the court  may  impose
16    an additional civil penalty not to exceed $15,000 $10,000 for
17    each violation.
18        A  civil  penalty imposed under this subsection (c) shall
19    be paid to the State Treasurer, who shall deposit  the  money
20    in  the  State  treasury  in  a  special  fund designated the
21    Elderly and Disabled  Victim  Fund.   Fifty  percent  of  all
22    moneys  deposited  in  the  Fund shall be appropriated to the
23    Attorney General for the  investigation  and  prosecution  of
24    frauds  against  persons 65 years of age or older or disabled
25    as defined in Probate Act of 1975 and 50% of  all  moneys  in
26    the  Fund  shall  be  appropriated to the Attorney General to
27    develop and implement  State-wide  education  initiatives  to
28    inform  persons  65  years of age or older, disabled persons,
29    law enforcement agencies, the judicial system, social service
30    professionals, and the general  public  about  prevention  of
31    consumer  crimes against persons 65 years of age or older and
32    disabled persons, and about the provisions of  this  Section,
33    the  penalties  for  violations  of  this  Section,  and  the
34    remedies available for victims of those violations.
HB2813 Engrossed            -3-                LRB9104973DJcd
 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  disabled  person  or  the
 9        person 65 years of age or older.
10             (2)  Whether the defendant knew or should have known
11        that  the  defendant's conduct was directed to a disabled
12        person or a person 65 years of age or older.
13             (3)  Whether the disabled person or  the  person  65
14        years  of  age or older was substantially more vulnerable
15        to the defendant's conduct because of age,  poor  health,
16        infirmity,  impaired  understanding, restricted mobility,
17        or disability, than 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
HB2813 Engrossed            -4-                LRB9104973DJcd
 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. 90-414, eff. 1-1-98.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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