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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 12-4.4a and 17-56 as follows: | ||||||
6 | (720 ILCS 5/12-4.4a)
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7 | Sec. 12-4.4a. Abuse or criminal neglect of a long term | ||||||
8 | care facility resident; criminal abuse or neglect of an | ||||||
9 | elderly person or person with a disability. | ||||||
10 | (a) Abuse or criminal neglect of a long term care facility | ||||||
11 | resident. | ||||||
12 | (1) A person or an owner or licensee commits abuse of a | ||||||
13 | long term care facility resident when he or she knowingly | ||||||
14 | causes any physical or mental injury to, or commits any | ||||||
15 | sexual offense in this Code against, a resident. | ||||||
16 | (2) A person or an owner or licensee commits criminal | ||||||
17 | neglect of a long term care facility resident when he or | ||||||
18 | she recklessly: | ||||||
19 | (A) performs acts that cause a resident's life to | ||||||
20 | be endangered, health to be injured, or pre-existing | ||||||
21 | physical or mental condition to deteriorate, or that | ||||||
22 | create the substantial likelihood
that a resident's an | ||||||
23 | elderly person's or person with a disability's life
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1 | will be endangered, health will be injured, or | ||||||
2 | pre-existing
physical or mental condition will | ||||||
3 | deteriorate; | ||||||
4 | (B) fails to perform acts that he or she knows or | ||||||
5 | reasonably should know are necessary to maintain or | ||||||
6 | preserve the life or health of a resident, and that | ||||||
7 | failure causes the resident's life to be endangered, | ||||||
8 | health to be injured, or pre-existing physical or | ||||||
9 | mental condition to deteriorate, or that create the | ||||||
10 | substantial likelihood
that a resident's an elderly | ||||||
11 | person's or person with a disability's life
will be | ||||||
12 | endangered, health will be injured, or pre-existing
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13 | physical or mental condition will deteriorate; or | ||||||
14 | (C) abandons a resident. | ||||||
15 | (3) A person or an owner or licensee commits neglect | ||||||
16 | of a long term care facility resident when he or she | ||||||
17 | negligently fails to provide adequate medical care, | ||||||
18 | personal care, or maintenance to the resident which | ||||||
19 | results in physical or mental injury or deterioration of | ||||||
20 | the resident's physical or mental condition. An owner or | ||||||
21 | licensee is guilty under this subdivision (a)(3), however, | ||||||
22 | only if the owner or licensee failed to exercise | ||||||
23 | reasonable care in the hiring, training, supervising, or | ||||||
24 | providing of staff or other related routine administrative | ||||||
25 | responsibilities. | ||||||
26 | (b) Criminal abuse or neglect of an elderly person or |
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1 | person with a disability. | ||||||
2 | (1) A caregiver commits criminal abuse or neglect of | ||||||
3 | an elderly person or person with a disability when he or | ||||||
4 | she knowingly does any of the following: | ||||||
5 | (A) performs acts that cause the person's life to | ||||||
6 | be endangered, health to be injured, or pre-existing | ||||||
7 | physical or mental condition to deteriorate; | ||||||
8 | (B) fails to perform acts that he or she knows or | ||||||
9 | reasonably should know are necessary to maintain or | ||||||
10 | preserve the life or health of the person, and that | ||||||
11 | failure causes the person's life to be endangered, | ||||||
12 | health to be injured, or pre-existing physical or | ||||||
13 | mental condition to deteriorate; | ||||||
14 | (C) abandons the person; | ||||||
15 | (D) physically abuses, harasses, intimidates, or | ||||||
16 | interferes with the personal liberty of the person; or | ||||||
17 | (E) exposes the person to willful deprivation. | ||||||
18 | (2) It is not a defense to criminal abuse or neglect of | ||||||
19 | an elderly person or person with a disability that the | ||||||
20 | caregiver reasonably believed that the victim was not an | ||||||
21 | elderly person or person with a disability. | ||||||
22 | (c) Offense not applicable. | ||||||
23 | (1) Nothing in this Section applies to a physician | ||||||
24 | licensed to practice medicine in all its branches or a | ||||||
25 | duly licensed nurse providing care within the scope of his | ||||||
26 | or her professional judgment and within the accepted |
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1 | standards of care within the community. | ||||||
2 | (2) Nothing in this Section imposes criminal liability | ||||||
3 | on a caregiver who made a good faith effort to provide for | ||||||
4 | the health and personal care of an elderly person or | ||||||
5 | person with a disability, but through no fault of his or | ||||||
6 | her own was unable to provide such care. | ||||||
7 | (3) Nothing in this Section applies to the medical | ||||||
8 | supervision, regulation, or control of the remedial care | ||||||
9 | or treatment of residents in a long term care facility | ||||||
10 | conducted for those who rely upon treatment by prayer or | ||||||
11 | spiritual means in accordance with the creed or tenets of | ||||||
12 | any well-recognized church or religious denomination as | ||||||
13 | described in Section 3-803 of the Nursing Home Care Act, | ||||||
14 | Section 1-102 of the Specialized Mental Health | ||||||
15 | Rehabilitation Act of 2013, Section 3-803 of the ID/DD | ||||||
16 | Community Care Act, or Section 3-803 of the MC/DD Act. | ||||||
17 | (4) Nothing in this Section prohibits a caregiver from | ||||||
18 | providing treatment to an elderly person or person with a | ||||||
19 | disability by spiritual means through prayer alone and | ||||||
20 | care consistent therewith in lieu of medical care and | ||||||
21 | treatment in accordance with the tenets and practices of | ||||||
22 | any church or religious denomination of which the elderly | ||||||
23 | person or person with a disability is a member. | ||||||
24 | (5) Nothing in this Section limits the remedies | ||||||
25 | available to the victim under the Illinois Domestic | ||||||
26 | Violence Act of 1986. |
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1 | (d) Sentence. | ||||||
2 | (1) Long term care facility. Abuse of a long term care | ||||||
3 | facility resident is a Class 3 felony. Criminal neglect of | ||||||
4 | a long term care facility resident is a Class 4 felony, | ||||||
5 | unless it results in the resident's death in which case it | ||||||
6 | is a Class 3 felony. Neglect of a long term care facility | ||||||
7 | resident is a petty offense. | ||||||
8 | (2) Caregiver. Criminal abuse or neglect of an elderly | ||||||
9 | person or person with a disability is a Class 3 felony, | ||||||
10 | unless it results in the person's death in which case it is | ||||||
11 | a Class 2 felony, and if imprisonment is imposed it shall | ||||||
12 | be for a minimum term of 3 years and a maximum term of 14 | ||||||
13 | years. | ||||||
14 | (e) Definitions. For the purposes of this Section: | ||||||
15 | "Abandon" means to desert or knowingly forsake a resident | ||||||
16 | or an
elderly person or person with a disability under
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17 | circumstances in which a reasonable person
would continue to | ||||||
18 | provide care and custody. | ||||||
19 | "Caregiver" means a person who has a duty to provide for an | ||||||
20 | elderly person or person with a
disability's health and | ||||||
21 | personal care, at the elderly person or person with a | ||||||
22 | disability's place of residence, including, but not limited | ||||||
23 | to, food and nutrition, shelter, hygiene, prescribed | ||||||
24 | medication, and medical care and treatment, and
includes any | ||||||
25 | of the following: | ||||||
26 | (1) A parent, spouse, adult child, or other relative |
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1 | by blood or marriage
who resides with or resides in the | ||||||
2 | same building with or regularly
visits
the elderly person | ||||||
3 | or person with a disability, knows
or reasonably should | ||||||
4 | know of such person's physical or mental impairment,
and | ||||||
5 | knows or reasonably should know that such person is unable | ||||||
6 | to
adequately provide for his or her own health and | ||||||
7 | personal care. | ||||||
8 | (2) A person who is employed by the elderly person or
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9 | person with a disability or by
another to reside with or | ||||||
10 | regularly visit the elderly person or person with a | ||||||
11 | disability
and provide for such person's health and | ||||||
12 | personal care. | ||||||
13 | (3) A person who has agreed for consideration to | ||||||
14 | reside with or
regularly visit the elderly person or | ||||||
15 | person with a
disability and provide for such
person's | ||||||
16 | health and personal care. | ||||||
17 | (4) A person who has been appointed by a private or | ||||||
18 | public agency or by
a court of competent jurisdiction to | ||||||
19 | provide for the elderly person or
person with a | ||||||
20 | disability's health and personal care. | ||||||
21 | "Caregiver" does not include a long-term care facility | ||||||
22 | licensed or
certified under the Nursing Home Care Act or a | ||||||
23 | facility licensed or certified under the ID/DD Community Care | ||||||
24 | Act, the MC/DD Act, or the Specialized Mental Health | ||||||
25 | Rehabilitation Act of 2013, or any administrative, medical, or
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26 | other personnel of such a facility, or a health care provider |
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1 | who is licensed
under the Medical Practice Act of 1987 and | ||||||
2 | renders care in the ordinary
course of his or her profession. | ||||||
3 | "Elderly person" means a person 60
years of age or older | ||||||
4 | who is incapable of
adequately providing for his or her own | ||||||
5 | health and personal care. | ||||||
6 | "Licensee" means the individual or entity licensed to | ||||||
7 | operate a
facility under the Nursing Home Care Act, the | ||||||
8 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
9 | ID/DD Community Care Act, the MC/DD Act, or the Assisted | ||||||
10 | Living and Shared
Housing Act. | ||||||
11 | "Long term care facility" means a private home,
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12 | institution, building, residence, or other place, whether | ||||||
13 | operated for
profit or not, or a county home for the infirm and | ||||||
14 | chronically ill operated
pursuant to Division 5-21 or 5-22 of | ||||||
15 | the Counties Code, or any similar
institution operated by
the | ||||||
16 | State of Illinois or a political subdivision thereof, which | ||||||
17 | provides,
through its ownership or management, personal care, | ||||||
18 | sheltered care, or
nursing for 3 or more persons not related to | ||||||
19 | the owner by blood or
marriage. The term also includes skilled | ||||||
20 | nursing facilities and
intermediate care facilities as defined | ||||||
21 | in Titles XVIII and XIX of the
federal Social Security Act and | ||||||
22 | assisted living establishments and shared
housing | ||||||
23 | establishments licensed under the Assisted Living and Shared | ||||||
24 | Housing
Act. | ||||||
25 | "Owner" means the owner of a long term care facility as
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26 | provided in the Nursing Home Care Act, the owner of a facility |
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1 | as provided under the Specialized Mental Health Rehabilitation | ||||||
2 | Act of 2013, the owner of a facility as provided in the ID/DD | ||||||
3 | Community Care Act, the owner of a facility as provided in the | ||||||
4 | MC/DD Act, or the owner of an assisted living or shared
housing | ||||||
5 | establishment as provided in the Assisted Living and Shared | ||||||
6 | Housing Act. | ||||||
7 | "Person with a disability" means a person who
suffers from | ||||||
8 | a permanent physical or mental impairment, resulting from
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9 | disease, injury, functional disorder, or congenital condition, | ||||||
10 | which renders
the person incapable of adequately providing for | ||||||
11 | his or her own health and personal
care. | ||||||
12 | "Resident" means a person residing in a long term care | ||||||
13 | facility. | ||||||
14 | "Willful deprivation" has the meaning ascribed to it in | ||||||
15 | paragraph
(15) of Section 103 of the Illinois Domestic | ||||||
16 | Violence Act of 1986.
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17 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||||||
18 | 99-642, eff. 7-28-16.)
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19 | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
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20 | Sec. 17-56. Financial exploitation of an elderly person or | ||||||
21 | a
person with a disability.
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22 | (a) A person commits financial exploitation of an elderly
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23 | person or a person with a disability when he or she stands in a
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24 | position of trust
or confidence with the
elderly person or a | ||||||
25 | person with a disability
and he
or she knowingly: |
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1 | (1) by
deception or
intimidation obtains control over | ||||||
2 | the property of an elderly person or
a person
with a | ||||||
3 | disability;
or | ||||||
4 | (2) illegally uses the assets or resources of an | ||||||
5 | elderly person or a
person with a disability.
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6 | (b) Sentence. Financial exploitation of an elderly person | ||||||
7 | or a person
with a
disability is: (1) a Class 4
felony if the | ||||||
8 | value of the property is $300 or less, (2) a Class 3 felony if
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9 | the value of the property is more than $300 but less than | ||||||
10 | $5,000, (3) a Class 2
felony if the value of the property is | ||||||
11 | $5,000 or more but less than
$50,000, and (4) a Class 1 felony | ||||||
12 | if the value of the property is $50,000 or more
or if the | ||||||
13 | elderly person is over 70 years of age or older and the value | ||||||
14 | of the
property is $15,000 or more or if the elderly person is | ||||||
15 | 80 years of age or
older and the value of the property is | ||||||
16 | $5,000 or more.
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17 | (c) For purposes of this Section:
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18 | (1) "Elderly person" means a person 60
years of age or | ||||||
19 | older.
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20 | (2) "Person with a disability" means a person who
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21 | suffers from a physical or mental impairment resulting | ||||||
22 | from
disease, injury, functional disorder or congenital | ||||||
23 | condition that impairs the
individual's mental or physical | ||||||
24 | ability to independently manage his or her
property or | ||||||
25 | financial resources, or both.
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26 | (3) "Intimidation" means the communication to an |
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1 | elderly person or a
person with a disability that he or she | ||||||
2 | shall be deprived of food and
nutrition,
shelter, | ||||||
3 | prescribed
medication or medical care and treatment or | ||||||
4 | conduct as provided in Section 12-6 of this Code.
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5 | (4) "Deception" means, in addition to its meaning as | ||||||
6 | defined in Section
15-4 of this Code,
a misrepresentation | ||||||
7 | or concealment of material fact
relating to the terms of a | ||||||
8 | contract or agreement entered into with the
elderly person | ||||||
9 | or person with a disability or to the
existing or
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10 | pre-existing condition of
any of the property involved in | ||||||
11 | such contract or agreement; or the use or
employment of | ||||||
12 | any misrepresentation, false pretense or false promise in
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13 | order to induce, encourage or solicit the elderly person | ||||||
14 | or
person with
a disability to
enter into a contract or | ||||||
15 | agreement.
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16 | The illegal use of the assets or resources of an
elderly | ||||||
17 | person or a person with a disability includes, but is not | ||||||
18 | limited
to, the misappropriation of those assets or resources | ||||||
19 | by undue influence,
breach of a fiduciary relationship, fraud, | ||||||
20 | deception, extortion, or
use of the assets or resources | ||||||
21 | contrary to law. | ||||||
22 | A person stands in a position of
trust and confidence with | ||||||
23 | an elderly person or person with a
disability when he (i) is a
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24 | parent, spouse, adult child or other relative by blood or | ||||||
25 | marriage of the
elderly person or person with a disability, | ||||||
26 | (ii) is a joint
tenant or
tenant in common with
the elderly |
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1 | person or person with a disability, (iii) has
a legal or
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2 | fiduciary relationship
with the elderly person or person with | ||||||
3 | a disability, (iv) is a financial
planning or investment | ||||||
4 | professional, (v) is a paid or unpaid caregiver for the | ||||||
5 | elderly person or person with a disability, or (vi) is a friend | ||||||
6 | or acquaintance in a position of trust.
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7 | (d) Limitations. Nothing in this Section shall be | ||||||
8 | construed to limit the remedies
available to the victim under | ||||||
9 | the Illinois Domestic Violence Act of 1986.
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10 | (e) Good faith efforts. Nothing in this Section shall be | ||||||
11 | construed to impose criminal
liability on a person who has | ||||||
12 | made a good faith effort to assist the
elderly person or person | ||||||
13 | with a disability in the
management of his or her
property, but | ||||||
14 | through
no fault of his or her own has been unable to provide | ||||||
15 | such assistance.
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16 | (f) Not a defense. It shall not be a defense to financial | ||||||
17 | exploitation of an elderly
person or person with a disability | ||||||
18 | that the accused reasonably believed
that the victim was
not | ||||||
19 | an elderly person or person with a disability. Consent is not a | ||||||
20 | defense to financial exploitation of an elderly person or a | ||||||
21 | person with a disability if the accused knew or had reason to | ||||||
22 | know that the elderly person or a person with a disability | ||||||
23 | lacked capacity to consent.
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24 | (g) Civil Liability. A civil cause of action exists for | ||||||
25 | financial exploitation of an elderly person or a
person with a | ||||||
26 | disability as described in subsection (a) of this Section. A |
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1 | person against whom a civil judgment has been entered for | ||||||
2 | financial exploitation of an elderly person
or person with a | ||||||
3 | disability shall be liable to the victim or to the estate of | ||||||
4 | the
victim in damages of treble the amount of the value of the | ||||||
5 | property
obtained, plus reasonable attorney fees and court | ||||||
6 | costs. In a civil action under this subsection, the burden of
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7 | proof that the defendant committed financial exploitation of | ||||||
8 | an elderly person or a
person with a disability as described in | ||||||
9 | subsection (a) of this Section shall be
by a preponderance of | ||||||
10 | the evidence. This subsection shall be operative
whether or | ||||||
11 | not the defendant has been charged or convicted of the | ||||||
12 | criminal offense as described in subsection (a) of this | ||||||
13 | Section. This subsection (g) shall not limit or affect the | ||||||
14 | right of any person to bring any cause of action or seek any | ||||||
15 | remedy available under the common law, or other applicable | ||||||
16 | law, arising out of the financial exploitation of an elderly | ||||||
17 | person or a person with a disability.
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18 | (h) If a person is charged with financial exploitation of | ||||||
19 | an elderly person or a person with a disability that involves | ||||||
20 | the taking or loss of property valued at more than $5,000, a | ||||||
21 | prosecuting attorney may file a petition with the circuit | ||||||
22 | court of the county in which the defendant has been charged to | ||||||
23 | freeze the assets of the defendant in an amount equal to but | ||||||
24 | not greater than the alleged value of lost or stolen property | ||||||
25 | in the defendant's pending criminal proceeding for purposes of | ||||||
26 | restitution to the victim. The burden of proof required to |
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1 | freeze the defendant's assets shall be by a preponderance of | ||||||
2 | the evidence. | ||||||
3 | (Source: P.A. 101-394, eff. 1-1-20; 102-244, eff. 1-1-22 .)
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