093_HB0087ham001
LRB093 02293 DRJ 11218 a
1 AMENDMENT TO HOUSE BILL 87
2 AMENDMENT NO. . Amend House Bill 87 on page 2, by
3 replacing lines 15 through 20 with the following:
4 "(g) solicitation of financial institutions for the
5 purpose of making information available to the general public
6 warning of financial exploitation of the elderly and related
7 financial fraud or abuse, including such information and
8 warnings available through signage or other written materials
9 provided by the Department on the premises of such financial
10 institutions, provided that the manner of displaying or
11 distributing such information is subject to the sole
12 discretion of each financial institution; and"; and
13 by replacing lines 33 and 34 on page 4 and lines 1 and 2 on
14 page 5 with the following:
15 "(e) Any physician who willfully fails to report as
16 required by this Act shall be referred to the Illinois State
17 Medical Disciplinary Board for action in accordance with
18 subdivision (A)(22) of Section 22 of the Medical Practice Act
19 of 1987. Any dentist or dental hygienist who willfully fails
20 to report as required by this Act shall be referred to the
21 Department of Professional Regulation for action in
22 accordance with paragraph 19 of Section 23 of the Illinois
23 Dental Practice Act. Any other mandated reporter required by
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1 this Act to report suspected abuse, neglect, or financial
2 exploitation who willfully fails to report the same is guilty
3 of a Class A misdemeanor."; and
4 on page 6, by replacing lines 3 through 10 with the
5 following:
6 "neglects a long term care facility resident is guilty of a
7 Class 4 felony. A person whose criminal neglect of a long
8 term care facility resident results in the resident's death
9 is guilty of a Class 3 felony. However, nothing herein shall
10 be deemed to"; and
11 on page 7, by replacing lines 4 through 7 with the following:
12 "(2) "Criminal neglect" means an act whereby a
13 person recklessly (i) performs acts that cause an elderly
14 person's or person with a disability's life to be
15 endangered, health to be injured, or pre-existing
16 physical or mental condition to deteriorate, or (ii)
17 fails to perform acts that he or she knows or reasonably
18 should know are necessary to maintain or preserve the
19 life or health of an elderly person or person with a
20 disability, and that failure causes the elderly person's
21 or person with a disability's life to be endangered,
22 health to be injured, or pre-existing physical or mental
23 condition to deteriorate, or (iii) abandons an an elderly
24 person or person with a disability. "Gross neglect" means
25 recklessly failing to provide adequate medical or
26 personal care or maintenance, which failure results in
27 physical or mental injury or the deterioration of a
28 physical or mental condition."; and
29 on page 32, by replacing line 26 with the following:
30 "be diminished by the application of this Section.
31 Notwithstanding the foregoing, a person convicted of a
32 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
33 Code of 1961 shall be entitled to receive property, a
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1 benefit, or an interest in any capacity and under any
2 circumstances described in this Section if it is demonstrated
3 by clear and convincing evidence that the victim of that
4 offense knew of the conviction and subsequent to the
5 conviction expressed or ratified his or her intent to
6 transfer the property, benefit, or interest to the person
7 convicted of a violation of Section 12-19, 12-21, or 16-1.3
8 of the Criminal Code of 1961 in any manner contemplated by
9 this Section."; and
10 on page 32, between lines 30 and 31, by inserting the
11 following:
12 "If the holder is a financial institution, trust company,
13 trustee, or similar entity or person, the holder shall not be
14 liable for any distribution or release of the property,
15 benefit, or other interest to the person convicted of a
16 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
17 Code of 1961 unless the holder knowingly distributes or
18 releases the property, benefit, or other interest to the
19 person so convicted after first having received actual
20 written notice of the conviction in sufficient time to act
21 upon the notice.".