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Public Act 101-0182 |
HB0347 Enrolled | LRB101 04884 LNS 49893 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Section 2-6.2 as follows:
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(755 ILCS 5/2-6.2)
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Sec. 2-6.2. Financial exploitation, abuse, or neglect of an |
elderly person
or a person with a disability. |
(a) In this Section:
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"Abuse" means any offense described in Section 12-1, 12-2, |
12-3, 12-3.05, or 12-21 or subsection (b) of Section 12-4.4a of |
the Criminal Code of
1961 or the Criminal Code of 2012.
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"Elderly person" has the meaning provided in subsection (e) |
of Section 12-4.4a of the Criminal Code of 2012. |
"Financial exploitation" means any offense or act |
described or defined in Section 16-1.3 or 17-56 of the
Criminal |
Code of 1961 or the Criminal Code of 2012, and, in the context |
of civil proceedings, the taking, use, or other |
misappropriation of the assets or resources of an elderly |
person or a person with a disability contrary to law, |
including, but not limited to, misappropriation of assets or |
resources by undue influence, breach of a fiduciary |
relationship, fraud, deception, extortion, and conversion.
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"Neglect" means any offense described in Section 12-19 or |
subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 |
or the Criminal Code of 2012.
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(b) Persons convicted of financial exploitation,
abuse, or |
neglect of an elderly person or a person with a disability or |
persons who have been found by a preponderance of the evidence |
to be civilly liable for financial exploitation shall not
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receive
any property, benefit, or other interest by reason of |
the
death of that elderly person or person with a disability, |
whether as heir,
legatee,
beneficiary, survivor, appointee, |
claimant under Section 18-1.1, or in any other capacity
and |
whether the property, benefit, or other interest passes
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pursuant to any form of title registration, testamentary or
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nontestamentary instrument, intestacy, renunciation, or any
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other circumstance. Except as provided in subsection (f) of |
this Section, the property, benefit, or other
interest shall |
pass as if the person convicted of the
financial exploitation, |
abuse, or neglect or person found civilly liable for financial |
exploitation died before the
decedent, provided that with |
respect to joint tenancy
property the interest possessed prior |
to the death by the
person convicted of the financial |
exploitation, abuse, or
neglect shall not be
diminished by the |
application of this Section. Notwithstanding the
foregoing, a |
person convicted of financial exploitation, abuse, or neglect |
of
an elderly person or a person with a disability or a person |
who has been found by a preponderance of the evidence to be |
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civilly liable for financial exploitation shall be entitled to |
receive
property, a benefit, or an
interest in any capacity and |
under any circumstances described in this
subsection (b) if it |
is demonstrated by clear and convincing evidence that the
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victim of that offense knew of the conviction or finding of |
civil liability and subsequent to the
conviction or finding of |
civil liability expressed or ratified his or her intent to |
transfer the property,
benefit, or interest to the person |
convicted of financial exploitation, abuse,
or
neglect of an |
elderly person or a person with a disability or the person |
found by a preponderance of the evidence to be civilly liable |
for financial exploitation in any manner
contemplated by this |
subsection
(b).
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(c)(1) The holder of any property subject to the
provisions |
of this Section shall not be liable for
distributing or |
releasing the property to the person
convicted of financial |
exploitation, abuse, or neglect of
an elderly person or a |
person with a disability or the person who has been found by a |
preponderance of the evidence to be civilly liable for |
financial exploitation if the distribution or release
occurs
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prior to the conviction or finding of civil liability.
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(2) If the holder is a financial institution, trust |
company, trustee, or
similar entity or person, the holder shall |
not be liable for any distribution
or
release of the property, |
benefit, or other interest to the person convicted of
a
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violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
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subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 or the Criminal Code of 2012 or the person who has been |
found by a preponderance of the evidence to be civilly liable |
for financial exploitation
unless the holder knowingly |
distributes or releases the property, benefit, or
other |
interest to the person so convicted or found civilly liable |
after first having received actual
written notice of the |
conviction in sufficient time to act upon the notice.
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(d) If the holder of any property subject to the
provisions |
of this Section knows that a potential beneficiary has been
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convicted of financial
exploitation, abuse, or neglect of an |
elderly person or a person with a
disability or has been found |
by a preponderance of the evidence to be civilly liable for |
financial exploitation within
the scope of this Section, the |
holder shall fully cooperate
with law enforcement authorities |
and judicial officers in
connection with any investigation of |
the financial
exploitation, abuse, or neglect. If the holder is |
a person or entity that is
subject to regulation by a |
regulatory agency pursuant to the laws of this or
any other |
state or pursuant to the laws of the United States, including |
but not
limited to the business of a financial institution, |
corporate fiduciary, or
insurance company, then such person or |
entity shall not be deemed to be in
violation of this Section |
to the extent that privacy laws and regulations
applicable to |
such person or entity prevent it from voluntarily providing law
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enforcement authorities or judicial officers with information.
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(e) A civil action against a person for financial |
exploitation may be brought by an interested person, pursuant |
to this Section, after the death of the victim or during the |
lifetime of the victim if the victim is adjudicated a person |
with a disability. A guardian is under no duty to bring a civil |
action under this subsection during the ward's lifetime, but |
may do so if the guardian believes it is in the best interests |
of the ward. |
(f) The court may, in its discretion, consider such facts |
and circumstances as it deems appropriate to allow the person |
found civilly liable for financial exploitation to receive a |
reduction in interest or benefit rather than no interest or |
benefit as stated under subsection (b) of this Section. |
(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)
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