HB5653 EnrolledLRB097 18560 RLC 66006 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 17-56 as follows:
 
6    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
7    Sec. 17-56. Financial exploitation of an elderly person or
8a person with a disability.
9    (a) A person commits financial exploitation of an elderly
10person or a person with a disability when he or she stands in a
11position of trust or confidence with the elderly person or a
12person with a disability and he or she knowingly and by
13deception or intimidation obtains control over the property of
14an elderly person or a person with a disability or illegally
15uses the assets or resources of an elderly person or a person
16with a disability.
17    (b) Sentence. Financial exploitation of an elderly person
18or a person with a disability is: (1) a Class 4 felony if the
19value of the property is $300 or less, (2) a Class 3 felony if
20the value of the property is more than $300 but less than
21$5,000, (3) a Class 2 felony if the value of the property is
22$5,000 or more but less than $50,000, and (4) a Class 1 felony
23if the value of the property is $50,000 or more or if the

 

 

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1elderly person is over 70 years of age and the value of the
2property is $15,000 or more or if the elderly person is 80
3years of age or older and the value of the property is $5,000
4or more.
5    (c) For purposes of this Section:
6        (1) "Elderly person" means a person 60 years of age or
7    older.
8        (2) "Person with a disability" means a person who
9    suffers from a physical or mental impairment resulting from
10    disease, injury, functional disorder or congenital
11    condition that impairs the individual's mental or physical
12    ability to independently manage his or her property or
13    financial resources, or both.
14        (3) "Intimidation" means the communication to an
15    elderly person or a person with a disability that he or she
16    shall be deprived of food and nutrition, shelter,
17    prescribed medication or medical care and treatment or
18    conduct as provided in Section 12-6 of this Code.
19        (4) "Deception" means, in addition to its meaning as
20    defined in Section 15-4 of this Code, a misrepresentation
21    or concealment of material fact relating to the terms of a
22    contract or agreement entered into with the elderly person
23    or person with a disability or to the existing or
24    pre-existing condition of any of the property involved in
25    such contract or agreement; or the use or employment of any
26    misrepresentation, false pretense or false promise in

 

 

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1    order to induce, encourage or solicit the elderly person or
2    person with a disability to enter into a contract or
3    agreement.
4    The illegal use of the assets or resources of an elderly
5person or a person with a disability includes, but is not
6limited to, the misappropriation of those assets or resources
7by undue influence, breach of a fiduciary relationship, fraud,
8deception, extortion, or use of the assets or resources
9contrary to law.
10    A person stands in a position of trust and confidence with
11an elderly person or person with a disability when he (i) is a
12parent, spouse, adult child or other relative by blood or
13marriage of the elderly person or person with a disability,
14(ii) is a joint tenant or tenant in common with the elderly
15person or person with a disability, (iii) has a legal or
16fiduciary relationship with the elderly person or person with a
17disability, or (iv) is a financial planning or investment
18professional, or (v) is a paid or unpaid caregiver for the
19elderly person or person with a disability.
20    (d) Limitations. Nothing in this Section shall be construed
21to limit the remedies available to the victim under the
22Illinois Domestic Violence Act of 1986.
23    (e) Good faith efforts. Nothing in this Section shall be
24construed to impose criminal liability on a person who has made
25a good faith effort to assist the elderly person or person with
26a disability in the management of his or her property, but

 

 

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1through no fault of his or her own has been unable to provide
2such assistance.
3    (f) Not a defense. It shall not be a defense to financial
4exploitation of an elderly person or person with a disability
5that the accused reasonably believed that the victim was not an
6elderly person or person with a disability.
7    (g) Civil Liability. A person who is charged by information
8or indictment with the offense of financial exploitation of an
9elderly person or person with a disability and who fails or
10refuses to return the victim's property within 60 days
11following a written demand from the victim or the victim's
12legal representative shall be liable to the victim or to the
13estate of the victim in damages of treble the amount of the
14value of the property obtained, plus reasonable attorney fees
15and court costs. The burden of proof that the defendant
16unlawfully obtained the victim's property shall be by a
17preponderance of the evidence. This subsection shall be
18operative whether or not the defendant has been convicted of
19the offense.
20    (h) If a person is charged with financial exploitation of
21an elderly person or a person with a disability that involves
22the taking or loss of property valued at more than $5,000, a
23prosecuting attorney may file a petition with the circuit court
24of the county in which the defendant has been charged to freeze
25the assets of the defendant in an amount equal to but not
26greater than the alleged value of lost or stolen property in

 

 

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1the defendant's pending criminal proceeding for purposes of
2restitution to the victim. The burden of proof required to
3freeze the defendant's assets shall be by a preponderance of
4the evidence.
5(Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12.)