Bill Status of HB 5653   97th General Assembly

Short Description:  CRIM CD-FINANCIAL EXPLOITATION

House Sponsors
Rep. Emily McAsey, Karen A. Yarbrough, Jack D. Franks, Keith Farnham, Carol A. Sente, Linda Chapa LaVia, Al Riley, Camille Y. Lilly, Eddie Lee Jackson, Sr., Elizabeth Hernandez and Kay Hatcher

Senate Sponsors
(Sen. Toi W. Hutchinson, Heather A. Steans-Jacqueline Y. Collins-Kimberly A. Lightford, John G. Mulroe, Ira I. Silverstein, Terry Link, Martin A. Sandoval, David Koehler, Antonio Muņoz and Dan Kotowski)


Last Action  View All Actions

DateChamber Action
  7/30/2012HousePublic Act . . . . . . . . . 97-0865

Statutes Amended In Order of Appearance
720 ILCS 5/17-56was 720 ILCS 5/16-1.3

Synopsis As Introduced
Amends the Criminal Code of 1961 concerning financial exploitation of an elderly person or a person with a disability. Includes in the definition of intimidation, criminal intimidation. Includes in the definition of a person who stands in a position of trust and confidence with an elderly person or person with a disability, a paid or unpaid caregiver for the elderly person or person with a disability. Provides that if a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant for purposes of restitution to the victim. Provides that the burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. Provides that this provision is operative whether or not the defendant has been convicted of the offense.

Senate Committee Amendment No. 1
Provides that if a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. Provides that the burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.

Actions 
DateChamber Action
  2/15/2012HouseFiled with the Clerk by Rep. Emily McAsey
  2/15/2012HouseFirst Reading
  2/15/2012HouseReferred to Rules Committee
  2/22/2012HouseAssigned to Judiciary II - Criminal Law Committee
  3/1/2012HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 008-000-000
  3/1/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/6/2012HouseSecond Reading - Short Debate
  3/6/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/8/2012HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/8/2012HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/8/2012HouseAdded Co-Sponsor Rep. Keith Farnham
  3/8/2012HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/8/2012HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/9/2012HouseThird Reading - Short Debate - Passed 099-001-000
  3/9/2012HouseAdded Co-Sponsor Rep. Al Riley
  3/9/2012HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/9/2012HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  3/9/2012HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/9/2012HouseAdded Co-Sponsor Rep. Kay Hatcher
  3/21/2012SenateArrive in Senate
  3/21/2012SenatePlaced on Calendar Order of First Reading
  3/21/2012SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  3/21/2012SenateFirst Reading
  3/21/2012SenateReferred to Assignments
  3/28/2012SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  3/28/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/28/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  3/28/2012SenateAdded as Alternate Co-Sponsor Sen. John G. Mulroe
  3/28/2012SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  3/28/2012SenateAdded as Alternate Co-Sponsor Sen. Terry Link
  3/29/2012SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  3/29/2012SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  3/30/2012SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  4/11/2012SenateAssigned to Criminal Law
  4/12/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
  4/12/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/17/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/18/2012SenateAdded as Alternate Co-Sponsor Sen. Dan Kotowski
  4/18/2012SenateSenate Committee Amendment No. 1 Held in Criminal Law
  4/18/2012SenateHeld in Criminal Law
  4/25/2012SenateSenate Committee Amendment No. 1 Adopted
  4/26/2012SenateDo Pass as Amended Criminal Law; 008-000-000
  4/26/2012SenatePlaced on Calendar Order of 2nd Reading May 1, 2012
  5/2/2012SenateSecond Reading
  5/2/2012SenatePlaced on Calendar Order of 3rd Reading May 3, 2012
  5/22/2012SenateThird Reading - Passed; 058-000-000
  5/22/2012HouseArrived in House
  5/22/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Emily McAsey
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/30/2012HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/30/2012HousePassed Both Houses
  6/28/2012HouseSent to the Governor
  7/30/2012HouseGovernor Approved
  7/30/2012HouseEffective Date January 1, 2013
  7/30/2012HousePublic Act . . . . . . . . . 97-0865

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