Bill Status of HB 4676   94th General Assembly

Short Description:  ELDER ABUSE AND NEGLECT

House Sponsors
Rep. Julie Hamos-John A. Fritchey-Kevin Joyce-Deborah L. Graham-Karen A. Yarbrough, Monique D. Davis, Karen May, Cynthia Soto, Robin Kelly, David E. Miller, Jack McGuire, Patrick J Verschoore, Mary E. Flowers, Jack D. Franks, Linda Chapa LaVia, Naomi D. Jakobsson, John E. Bradley, Charles E. Jefferson, Careen M Gordon, Brandon W. Phelps, Robert F. Flider, Kurt M. Granberg, Daniel V. Beiser, Mike Boland, Michelle Chavez, Maria Antonia Berrios and Esther Golar

Senate Sponsors
(Sen. Mattie Hunter, John J. Cullerton-Iris Y. Martinez-M. Maggie Crotty-Jacqueline Y. Collins-Edward D. Maloney, Ira I. Silverstein, William R. Haine and Martin A. Sandoval)


Last Action  View All Actions

DateChamber Action
  8/1/2006HousePublic Act . . . . . . . . . 94-1064

Statutes Amended In Order of Appearance
320 ILCS 20/2from Ch. 23, par. 6602
320 ILCS 20/3from Ch. 23, par. 6603
320 ILCS 20/3.5
320 ILCS 20/4from Ch. 23, par. 6604
320 ILCS 20/4.2
320 ILCS 20/5from Ch. 23, par. 6605
320 ILCS 20/8from Ch. 23, par. 6608
320 ILCS 20/9from Ch. 23, par. 6609
320 ILCS 20/13

Synopsis As Introduced
Amends the Elder Abuse and Neglect Act. Provides that a "domestic living situation" includes an assisted living or shared housing establishment or a supportive living facility. Provides that an "eligible adult" includes one who neglects himself or herself, and adds a definition of "self-neglect". Provides for immunity from criminal or civil liability and from professional disciplinary action for a mandated reporter who does not make a report of self-neglect as required under the Act. Provides that face-to-face assessments, casework, and follow-up of reports of self-neglect by the provider agencies designated to receive reports of self-neglect shall be subject to sufficient appropriation for statewide implementation. Provides that the Department on Aging shall collaborate with representatives of regional administrative agencies and others to develop a protocol that outlines the procedure for referral of cases involving elder abuse, neglect, financial exploitation, and self-neglect and other matters, and makes other changes in connection with investigations of reports under the Act. Provides for access to records by staff of the Chicago Department on Aging while that agency is designated as a regional administrative agency. Makes other changes.

House Amendment No. 1
Deletes reference to:
320 ILCS 20/4.2

Provides that nothing in the Elder Abuse and Neglect Act shall be construed to mean that an eligible adult is a victim of self-neglect for the sole reason that he or she is being furnished with or relies upon treatment by spiritual means through prayer alone. In the definitions of "neglect" and "self-neglect", changes "medical care" to "health care". Deletes references to self-neglect from provisions concerning mandated reporters. Provides for a designated elder abuse provider agency's referral of reports of self-neglect to the appropriate agency or agencies as designated by the Department on Aging for any follow-up (instead of to the designated case management agency for any appropriate follow-up). Provides that the Department on Aging's protocol shall include the procedure for data collection of incidents of self-neglect.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause with provisions substantially similar to those of the engrossed bill, amending the Elder Abuse and Neglect Act, but with changes that include the following: (1) provides that by January 1, 2008, the Department on Aging, in cooperation with an Elder Self-Neglect Steering Committee, shall by rule develop protocols, procedures, and policies concerning certain matters in connection with elder self-neglect; (2) provides that certain actions of provider agencies shall be done in accord with established law and Department on Aging protocols, procedures, and policies; (3) deletes provisions concerning (i) Department on Aging collaboration with certain entities to develop a protocol, (ii) the taking of photographs, videotapes, and digital or electronic recordings in connection with an investigation, and (iii) a provider agency's petition for a subpoena to obtain records; (4) provides for access to records, in cases regarding self-neglect, by a guardian ad litem; and (5) adds a January 1, 2007 effective date. Effective January 1, 2007.

Senate Floor Amendment No. 2
Provides that if a court enters an ex parte order for an assessment of a report of alleged or suspected self-neglect, or for the provision of necessary services in connection with alleged or suspected self-neglect, or for both, the court must appoint a guardian ad litem (GAL) for the eligible adult who is the subject of the order for the purpose of reviewing the reasonableness of the order. Provides that if the GAL reasonably believes that the ex parte order is unreasonable, the GAL shall file a petition with the court requesting that the ex parte order be vacated.

Actions 
DateChamber Action
  1/12/2006HouseFiled with the Clerk by Rep. Julie Hamos
  1/12/2006HouseFirst Reading
  1/12/2006HouseReferred to Rules Committee
  2/7/2006HouseAssigned to Judiciary I - Civil Law Committee
  2/15/2006HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/15/2006HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/15/2006HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  2/15/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2006HouseSecond Reading - Short Debate
  2/16/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/16/2006HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Kevin Joyce
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  2/21/2006HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  2/21/2006HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/21/2006HouseAdded Co-Sponsor Rep. Karen May
  2/21/2006HouseAdded Co-Sponsor Rep. Cynthia Soto
  2/21/2006HouseAdded Co-Sponsor Rep. Robin Kelly
  2/21/2006HouseAdded Co-Sponsor Rep. David E. Miller
  2/21/2006HouseAdded Co-Sponsor Rep. Jack McGuire
  2/21/2006HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  2/21/2006HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/21/2006HouseAdded Co-Sponsor Rep. Jack D. Franks
  2/21/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  2/21/2006HouseThird Reading - Short Debate - Passed 113-000-000
  2/22/2006SenateArrive in Senate
  2/22/2006SenatePlaced on Calendar Order of First Reading
  2/22/2006SenateChief Senate Sponsor Sen. Mattie Hunter
  2/22/2006SenateFirst Reading
  2/22/2006SenateReferred to Rules
  2/27/2006SenateAdded as Alternate Co-Sponsor Sen. John J. Cullerton
  3/1/2006HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/1/2006HouseAdded Co-Sponsor Rep. John E. Bradley
  3/1/2006SenateAssigned to Health & Human Services
  3/15/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  3/15/2006SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  3/15/2006SenateDo Pass Health & Human Services; 009-000-000
  3/15/2006SenatePlaced on Calendar Order of 2nd Reading March 16, 2006
  3/16/2006SenateSecond Reading
  3/16/2006SenatePlaced on Calendar Order of 3rd Reading March 22, 2006
  3/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
  3/20/2006SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  3/28/2006SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  3/30/2006SenateSponsor Removed Sen. William R. Haine
  3/30/2006SenateRule 2-10 Third Reading Deadline Extended to January 9, 2007
  4/6/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Mattie Hunter
  4/6/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  4/6/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Mattie Hunter
  4/6/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  4/6/2006SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  4/6/2006SenateSenate Floor Amendment No. 1 Rules Refers to Health & Human Services
  4/6/2006SenateSenate Floor Amendment No. 2 Rules Refers to Health & Human Services
  4/7/2006SenateSenate Floor Amendment No. 1 Recommend Do Adopt Health & Human Services; 009-000-000
  4/7/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Health & Human Services; 009-000-000
  4/7/2006SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  4/7/2006SenateRecalled to Second Reading
  4/7/2006SenateSenate Floor Amendment No. 1 Adopted; Hunter
  4/7/2006SenateSenate Floor Amendment No. 2 Adopted; Hunter
  4/7/2006SenatePlaced on Calendar Order of 3rd Reading
  4/7/2006SenateThird Reading - Passed; 055-000-000
  4/7/2006HouseArrived in House
  4/7/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  4/10/2006HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Julie Hamos
  4/10/2006HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Julie Hamos
  4/10/2006HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/10/2006HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  4/18/2006HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/19/2006HouseAdded Co-Sponsor Rep. Careen M Gordon
  4/25/2006HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  4/25/2006HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  4/26/2006HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 011-000-000
  4/26/2006HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 011-000-000
  4/26/2006HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  5/1/2006HouseAdded Co-Sponsor Rep. Robert F. Flider
  5/4/2006HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  5/4/2006HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  5/4/2006HouseAdded Co-Sponsor Rep. Mike Boland
  5/4/2006HouseAdded Co-Sponsor Rep. Michelle Chavez
  5/4/2006HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  5/4/2006HouseAdded Co-Sponsor Rep. Esther Golar
  5/4/2006HouseSenate Floor Amendment No. 1 House Concurs 109-000-000
  5/4/2006HouseSenate Floor Amendment No. 2 House Concurs 109-000-000
  5/4/2006HousePassed Both Houses
  6/2/2006HouseSent to the Governor
  8/1/2006HouseGovernor Approved
  8/1/2006HouseEffective Date January 1, 2007
  8/1/2006HousePublic Act . . . . . . . . . 94-1064

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