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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 1961 is amended by changing | ||||||
5 | Sections 12-21 and 16-1.3 as follows:
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6 | (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
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7 | Sec. 12-21. Criminal abuse or neglect of an elderly person | ||||||
8 | or person
with a disability.
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9 | (a) A person commits the offense of criminal abuse or | ||||||
10 | neglect of an
elderly person or person with a disability when | ||||||
11 | he or she is a caregiver and he
or she knowingly:
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12 | (1) performs acts that cause the elderly person or | ||||||
13 | person with a
disability's life to be
endangered, health to | ||||||
14 | be injured, or pre-existing physical or mental
condition to | ||||||
15 | deteriorate; or
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16 | (2) fails to perform acts that he or she knows or
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17 | reasonably should know are
necessary to maintain or | ||||||
18 | preserve the life or health of the elderly person
or person | ||||||
19 | with a disability and such failure causes the elderly
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20 | person or person with a disability's
life to be endangered, | ||||||
21 | health to be injured or pre-existing physical or
mental | ||||||
22 | condition to deteriorate; or
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23 | (3) abandons the elderly person or person with a
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1 | disability; or
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2 | (4) physically abuses, harasses, intimidates, or | ||||||
3 | interferes with the
personal liberty of the elderly person | ||||||
4 | or person with a
disability or exposes the
elderly person | ||||||
5 | or person with a disability to willful
deprivation.
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6 | Criminal abuse or neglect of an elderly person or
person | ||||||
7 | with a disability is a Class 3 felony.
Criminal neglect of an | ||||||
8 | elderly person or person with a disability is a Class
2 felony | ||||||
9 | if the criminal
neglect results in the death of the person | ||||||
10 | neglected for which the defendant,
if sentenced to a term of | ||||||
11 | imprisonment, shall be sentenced
to a term of not less than 3 | ||||||
12 | years and not more than 14 years.
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13 | (b) For purposes of this Section:
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14 | (1) "Elderly person" means a person 60
years of age or | ||||||
15 | older who is incapable of
adequately providing for his own | ||||||
16 | health and personal care.
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17 | (2) "Person with a disability" means a person who
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18 | suffers from a permanent physical or mental impairment, | ||||||
19 | resulting from
disease, injury, functional disorder or | ||||||
20 | congenital condition which renders
such person incapable | ||||||
21 | of adequately providing for his own health and personal
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22 | care.
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23 | (3) "Caregiver" means a person who
has a duty to | ||||||
24 | provide for an elderly person or person with a
disability's | ||||||
25 | health and
personal care, at such person's place of | ||||||
26 | residence, including but not
limited to, food and |
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1 | nutrition, shelter, hygiene, prescribed medication and
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2 | medical care and treatment.
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3 | "Caregiver" shall include:
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4 | (A) a parent, spouse, adult child or other relative | ||||||
5 | by blood or marriage
who resides with or resides in the | ||||||
6 | same building with or regularly
visits
the elderly | ||||||
7 | person or person with a disability, knows
or reasonably | ||||||
8 | should know of such person's physical or mental | ||||||
9 | impairment
and knows or reasonably should know that | ||||||
10 | such person is unable to
adequately provide for his own | ||||||
11 | health and personal care;
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12 | (B) a person who is employed by the elderly person | ||||||
13 | or
person with a disability or by
another to reside | ||||||
14 | with or regularly visit the elderly person or person | ||||||
15 | with a disability
and provide for such person's health | ||||||
16 | and personal care;
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17 | (C) a person who has agreed for consideration to | ||||||
18 | reside with or
regularly visit the elderly person or | ||||||
19 | person with a
disability and provide for such
person's | ||||||
20 | health and personal care; and
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21 | (D) a person who has been appointed by a private or | ||||||
22 | public agency or by
a court of competent jurisdiction | ||||||
23 | to provide for the elderly person or
person with a | ||||||
24 | disability's health and personal care.
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25 | "Caregiver" shall not include a long-term care | ||||||
26 | facility licensed or
certified under the Nursing Home Care |
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1 | Act or any administrative, medical or
other personnel of | ||||||
2 | such a facility, or a health care provider who is licensed
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3 | under the Medical Practice Act of 1987 and renders care in | ||||||
4 | the ordinary
course of his profession.
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5 | (4) "Abandon" means to desert or knowingly forsake an
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6 | elderly person or person with a disability under
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7 | circumstances in which a reasonable person
would continue | ||||||
8 | to provide care and custody.
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9 | (5) "Willful deprivation" has the meaning ascribed to | ||||||
10 | it in paragraph
(15) of Section 103 of the Illinois | ||||||
11 | Domestic Violence Act of 1986.
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12 | (c) Nothing in this Section shall be construed to limit the | ||||||
13 | remedies
available to the victim under the Illinois Domestic | ||||||
14 | Violence Act.
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15 | (d) Nothing in this Section shall be construed to impose | ||||||
16 | criminal
liability on a person who has made a good faith effort | ||||||
17 | to provide for the
health and personal care of an elderly | ||||||
18 | person or person
with
a disability, but through no
fault of his | ||||||
19 | own has been unable to provide such care.
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20 | (e) Nothing in this Section shall be construed as | ||||||
21 | prohibiting a person
from providing treatment by spiritual | ||||||
22 | means through prayer alone and care
consistent therewith in | ||||||
23 | lieu of medical care and treatment in accordance
with the | ||||||
24 | tenets and practices of any church or religious denomination of
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25 | which the elderly person or person with a disability is a
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26 | member.
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1 | (f) It is not a defense to criminal abuse or neglect of an | ||||||
2 | elderly person or
person with a disability that the accused | ||||||
3 | reasonably believed that the victim
was not an elderly person | ||||||
4 | or person with a disability.
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5 | (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
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6 | (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
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7 | Sec. 16-1.3. Financial exploitation of an elderly person or | ||||||
8 | a
person with a disability.
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9 | (a) A person commits the offense of financial exploitation | ||||||
10 | of an elderly
person or a person with a disability when he or | ||||||
11 | she stands in a
position of trust
or confidence with the
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12 | elderly person or a person with a disability
and he
or she | ||||||
13 | knowingly and by
deception or
intimidation obtains control over | ||||||
14 | the property of an elderly person or
a person
with a disability
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15 | or illegally uses the assets or resources of an elderly person | ||||||
16 | or a
person with a disability. The illegal use of the assets or | ||||||
17 | resources of an
elderly person or a person with a disability | ||||||
18 | includes, but is not limited
to, the misappropriation of those | ||||||
19 | assets or resources by undue influence,
breach of a fiduciary | ||||||
20 | relationship, fraud, deception, extortion, or
use of the assets | ||||||
21 | or resources contrary to law.
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22 | Financial exploitation of an elderly person or a person
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23 | with a
disability is a Class 4
felony if the value of the | ||||||
24 | property is $300 or less, a Class 3 felony if
the value of the | ||||||
25 | property is more than $300 but less than $5,000, a Class 2
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1 | felony if the value of the property is $5,000 or more but less | ||||||
2 | than
$100,000 and a Class 1 felony if the value of the property | ||||||
3 | is $100,000 or more
or if the elderly person is over 70 years | ||||||
4 | of age and the value of the
property is $15,000 or more or if | ||||||
5 | the elderly person is 80 years of age or
older and the value of | ||||||
6 | the property is $5,000 or more.
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7 | (b) For purposes of this Section:
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8 | (1) "Elderly person" means a person 60
years of age or | ||||||
9 | older.
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10 | (2) "Person with a disability" means a person who
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11 | suffers from a permanent physical or mental impairment | ||||||
12 | resulting from
disease, injury, functional disorder or | ||||||
13 | congenital condition that impairs the
individual's mental | ||||||
14 | or physical ability to independently manage his or her
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15 | property or financial resources, or both.
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16 | (3) "Intimidation" means the communication to an | ||||||
17 | elderly person or a
person with a disability that he or she | ||||||
18 | shall be deprived of food and
nutrition,
shelter, | ||||||
19 | prescribed
medication or medical care and treatment.
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20 | (4) "Deception" means, in addition to its meaning as | ||||||
21 | defined in Section
15-4 of this Code,
a misrepresentation | ||||||
22 | or concealment of material fact
relating to the terms of a | ||||||
23 | contract or agreement entered into with the
elderly person | ||||||
24 | or person with a disability or to the
existing or
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25 | pre-existing condition of
any of the property involved in | ||||||
26 | such contract or agreement; or the use or
employment of any |
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1 | misrepresentation, false pretense or false promise in
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2 | order to induce, encourage or solicit the elderly person or
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3 | person with
a disability to
enter into a contract or | ||||||
4 | agreement.
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5 | (c) For purposes of this Section, a person stands in a | ||||||
6 | position of
trust and confidence with an elderly person or | ||||||
7 | person with a
disability when he (1) is a
parent, spouse, adult | ||||||
8 | child or other relative by blood or marriage of the
elderly | ||||||
9 | person or person with a disability, (2) is a joint
tenant or
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10 | tenant in common with
the elderly person or person with a | ||||||
11 | disability, (3) has
a legal or
fiduciary relationship
with the | ||||||
12 | elderly person or person with a disability, or (4) is a | ||||||
13 | financial
planning or investment professional.
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14 | (d) Nothing in this Section shall be construed to limit the | ||||||
15 | remedies
available to the victim under the Illinois Domestic | ||||||
16 | Violence Act of 1986.
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17 | (e) Nothing in this Section shall be construed to impose | ||||||
18 | criminal
liability on a person who has made a good faith effort | ||||||
19 | to assist the
elderly person or person with a disability in the
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20 | management of his or her
property, but through
no fault of his | ||||||
21 | or her own has been unable to provide such assistance.
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22 | (f) It shall not be a defense to financial exploitation of | ||||||
23 | an elderly
person or person with a disability that the accused | ||||||
24 | reasonably believed
that the victim was
not an elderly person | ||||||
25 | or person with a disability.
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26 | (g) Civil Liability. A person who is charged by information |
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1 | or
indictment with the offense of financial exploitation of an | ||||||
2 | elderly person
or person with a disability and who fails or | ||||||
3 | refuses to return
the victim's property
within 60 days | ||||||
4 | following a written demand from the victim or the victim's
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5 | legal representative shall be liable to the victim or to the | ||||||
6 | estate of the
victim in damages of treble the amount of the | ||||||
7 | value of the property
obtained, plus reasonable attorney fees | ||||||
8 | and court costs. The burden of
proof that the defendant | ||||||
9 | unlawfully obtained the victim's property shall be
by a | ||||||
10 | preponderance of the evidence. This subsection shall be | ||||||
11 | operative
whether or not the defendant has been convicted of | ||||||
12 | the offense.
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13 | (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
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