Bill Status of SB 2955   98th General Assembly

Short Description:  PROBATE-FINANCIAL EXPLOITATION

Senate Sponsors
Sen. Ira I. Silverstein, Bill Cunningham, Gary Forby, Mike Jacobs, Julie A. Morrison, Daniel Biss-Jacqueline Y. Collins and Heather A. Steans

House Sponsors
(Rep. Emily McAsey, Jack D. Franks, Linda Chapa LaVia, Carol A. Sente, Lawrence M. Walsh, Jr., Arthur Turner, Fred Crespo and Esther Golar)


Last Action  View All Actions

DateChamber Action
  8/1/2014SenatePublic Act . . . . . . . . . 98-0833

Statutes Amended In Order of Appearance
755 ILCS 5/2-6.2
755 ILCS 5/2-6.6

Synopsis As Introduced
Amends the Probate Act of 1975. Provides that provisions barring certain persons from receiving any property, benefit, or other interest by reason of the death of an elderly person or person with a disability apply also to persons who have been found liable for financial exploitation, abuse, or neglect of an elderly person or a person with a disability by a preponderance of evidence in a civil proceeding. Provides that a civil action against a person for financial exploitation, abuse, or neglect of an elderly person or a person with a disability may be brought after the death of the victim or during the lifetime of the victim if the victim is adjudicated disabled. Provides that the court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person found liable for financial exploitation, abuse, or neglect of an elderly person or a person with a disability to receive a reduction in interest or benefit rather than no interest or benefit.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Probate Act of 1975. Changes the definition of "financial exploitation" to mean any offense or act described or defined in specified provisions of the Criminal Code of 2012, and, in the context of civil proceedings, the taking, use, or other misappropriation of the assets or resources of an elderly person or a person with a disability contrary to law, including, but not limited to, misappropriation of assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, and conversion. Provides that provisions barring specified persons from receiving any property, benefit, or other interest by reason of the death of an elderly person or person with a disability apply also to persons who have been found by a preponderance of the evidence to be civilly liable for financial exploitation. Provides that a civil action against a person for financial exploitation may be brought after the death of the victim or during the lifetime of the victim if the victim is adjudicated disabled. Provides that a guardian is under no duty to bring a civil action for financial exploitation during the ward's lifetime, but may do so if the guardian believes it is in the best interests of the ward. Provides that the court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person found civilly liable for financial exploitation to receive a reduction in interest or benefit rather than no interest or benefit. Effective immediately.

Senate Floor Amendment No. 2
Provides that a civil action against a person for financial exploitation may be brought by an interested person (instead of "brought") after the death of the victim or during the lifetime of the victim if the victim is adjudicated disabled.

Actions 
DateChamber Action
  2/4/2014SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/4/2014SenateFirst Reading
  2/4/2014SenateReferred to Assignments
  2/19/2014SenateAssigned to Judiciary
  2/26/2014SenatePostponed - Judiciary
  3/5/2014SenatePostponed - Judiciary
  3/20/2014SenatePostponed - Judiciary
  3/20/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  3/20/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/25/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/25/2014SenateSenate Committee Amendment No. 1 Adopted
  3/26/2014SenateDo Pass as Amended Judiciary; 009-000-000
  3/26/2014SenatePlaced on Calendar Order of 2nd Reading March 27, 2014
  3/26/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
  3/26/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/1/2014SenateSecond Reading
  4/1/2014SenatePlaced on Calendar Order of 3rd Reading April 2, 2014
  4/1/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/2/2014SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  4/2/2014SenateRecalled to Second Reading
  4/2/2014SenateSenate Floor Amendment No. 2 Adopted; Silverstein
  4/2/2014SenatePlaced on Calendar Order of 3rd Reading April 3, 2014
  4/3/2014SenateThird Reading - Passed; 053-000-000
  4/3/2014HouseArrived in House
  4/3/2014HouseChief House Sponsor Rep. Emily McAsey
  4/3/2014HouseFirst Reading
  4/3/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Judiciary
  4/30/2014HouseDo Pass / Short Debate Judiciary; 015-000-000
  4/30/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/7/2014HouseSecond Reading - Short Debate
  5/7/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/9/2014HouseThird Reading - Short Debate - Passed 101-000-000
  5/9/2014SenatePassed Both Houses
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Lawrence M. Walsh, Jr.
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Fred Crespo
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Esther Golar
  5/29/2014SenateAdded as Co-Sponsor Sen. Bill Cunningham
  5/29/2014SenateAdded as Co-Sponsor Sen. Gary Forby
  5/29/2014SenateAdded as Co-Sponsor Sen. Mike Jacobs
  5/29/2014SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  5/29/2014SenateAdded as Co-Sponsor Sen. Daniel Biss
  5/30/2014SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/30/2014SenateAdded as Co-Sponsor Sen. Heather A. Steans
  6/6/2014SenateSent to the Governor
  8/1/2014SenateGovernor Approved
  8/1/2014SenateEffective Date August 1, 2014
  8/1/2014SenatePublic Act . . . . . . . . . 98-0833

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