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HB4506 Engrossed |
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LRB095 18288 RLC 44372 b |
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| AN ACT concerning criminal 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 Criminal Code of 1961 is amended by changing |
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| Section 16-1.3 as follows:
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| (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
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| Sec. 16-1.3. Financial exploitation of an elderly person or |
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| a
person with a disability.
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| (a) A person commits the offense of financial exploitation |
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| of an elderly
person or a person with a disability when he or |
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| she stands in a
position of trust
or confidence with the
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| elderly person or a person with a disability
and he
or she |
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| knowingly and by
deception or
intimidation obtains control over |
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| the property of an elderly person or
a person
with a disability
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| or illegally uses the assets or resources of an elderly person |
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| or a
person with a disability. The illegal use of the assets or |
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| resources of an
elderly person or a person with a disability |
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| includes, but is not limited
to, the misappropriation of those |
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| assets or resources by undue influence,
breach of a fiduciary |
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| relationship, fraud, deception, extortion, or
use of the assets |
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| or resources contrary to law.
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| Financial exploitation of an elderly person or a person
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| with a
disability is a Class 4
felony if the value of the |
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HB4506 Engrossed |
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LRB095 18288 RLC 44372 b |
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| property is $300 or less, a Class 3 felony if
the value of the |
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| property is more than $300 but less than $5,000, a Class 2
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| felony if the value of the property is $5,000 or more but less |
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| than
$100,000 and a Class 1 felony if the value of the property |
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| is $100,000 or more
or if the elderly person is over 70 years |
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| of age and the value of the
property is $15,000 or more or if |
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| the elderly person is 80 years of age or
older and the value of |
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| the property is $5,000 or more.
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| (b) For purposes of this Section:
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| (1) "Elderly person" means a person 60
years of age or |
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| older.
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| (2) "Person with a disability" means a person who
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| suffers from a permanent physical or mental impairment |
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| resulting from
disease, injury, functional disorder or |
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| congenital condition that impairs the
individual's mental |
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| or physical ability to independently manage his or her
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| property or financial resources, or both.
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| (3) "Intimidation" means the communication to an |
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| elderly person or a
person with a disability that he or she |
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| shall be deprived of food and
nutrition,
shelter, |
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| prescribed
medication or medical care and treatment.
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| (4) "Deception" means, in addition to its meaning as |
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| defined in Section
15-4 of this Code,
a misrepresentation |
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| or concealment of material fact
relating to the terms of a |
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| contract or agreement entered into with the
elderly person |
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| or person with a disability or to the
existing or
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HB4506 Engrossed |
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LRB095 18288 RLC 44372 b |
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| pre-existing condition of
any of the property involved in |
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| such contract or agreement; or the use or
employment of any |
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| misrepresentation, false pretense or false promise in
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| order to induce, encourage or solicit the elderly person or
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| person with
a disability to
enter into a contract or |
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| agreement.
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| (c) For purposes of this Section, a person stands in a |
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| position of
trust and confidence with an elderly person or |
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| person with a
disability when he (1) is a
parent, spouse, adult |
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| child or other relative by blood or marriage of the
elderly |
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| person or person with a disability, (2) is a joint
tenant or
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| tenant in common with
the elderly person or person with a |
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| disability, (3) has
a legal or
fiduciary relationship
with the |
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| elderly person or person with a disability, or (4) is a |
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| financial
planning or investment professional.
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| (d) Nothing in this Section shall be construed to limit the |
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| remedies
available to the victim under the Illinois Domestic |
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| Violence Act of 1986.
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| (e) Nothing in this Section shall be construed to impose |
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| criminal
liability on a person who has made a good faith effort |
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| to assist the
elderly person or person with a disability in the
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| management of his or her
property, but through
no fault of his |
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| or her own has been unable to provide such assistance.
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| (f) It shall not be a defense to financial exploitation of |
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| an elderly
person or person with a disability that the accused |
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| reasonably believed
that the victim was
not an elderly person |
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HB4506 Engrossed |
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LRB095 18288 RLC 44372 b |
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| or person with a disability.
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| (g) Civil Liability. A person who is charged by information |
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| or
indictment with the offense of financial exploitation of an |
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| elderly person
or person with a disability and who fails or |
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| refuses to return
the victim's property
within 60 days |
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| following a written demand from the victim or the victim's
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| legal representative shall be liable to the victim or to the |
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| estate of the
victim in damages of treble the amount of the |
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| value of the property
obtained, plus reasonable attorney fees |
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| and court costs. The burden of
proof that the defendant |
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| unlawfully obtained the victim's property shall be
by a |
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| preponderance of the evidence. This subsection shall be |
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| operative
whether or not the defendant has been convicted of |
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| the offense.
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| (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
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