Bill Status of HB 1588   99th General Assembly

Short Description:  CRIMINAL LAW-TECH

House Sponsors
Rep. Thomas M. Bennett-Christine Winger-Elaine Nekritz-Robert Martwick-Ron Sandack, Pamela Reaves-Harris, André Thapedi, Jay Hoffman, Peter Breen, Steven A. Andersson, Dwight Kay, Terri Bryant, Jack D. Franks, Carol Ammons, Carol Sente and Linda Chapa LaVia

Senate Sponsors
(Sen. Jason A. Barickman)


Last Action  View All Actions

DateChamber Action
  8/5/2015HousePublic Act . . . . . . . . . 99-0272

Statutes Amended In Order of Appearance
720 ILCS 5/1-1from Ch. 38, par. 1-1

Synopsis As Introduced
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.

House Floor Amendment No. 2
Deletes reference to:
720 ILCS 5/1-1
Adds reference to:
720 ILCS 5/17-56was 720 ILCS 5/16-1.3

Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Replaces the current civil liability provision. Provides that an elderly person or a person with a disability who suffers injury, damage, or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse. Provides that the court shall award the following to a plaintiff who prevails in an action: (1) an amount equal to 3 times all economic damages resulting from the physical or financial abuse, or $500, whichever amount is greater; (2) an amount equal to 3 times all non-economic damages resulting from the physical or financial abuse; (3) reasonable attorney's fees incurred by the plaintiff; and (4) reasonable fees for the services of a guardian or guardian ad litem incurred by reason of the litigation of a claim brought under this provision. Provides that a person commencing an action under this provision must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced. Defines "financial abuse, and "physical abuse".

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Changes the civil liability provision of financial exploitation of an elderly person or a person with a disability. Deletes provision that civil liability only attaches if the person is charged by information or indictment with the offense and fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative. Provides that the civil liability provision shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. Provides that the civil provision applies whether or not the defendant has been charged or convicted of the criminal offense. Provides that in a civil action for financial exploitation of an elderly person or a person with a disability, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability (rather than unlawfully obtained the victim's property) shall be by a preponderance of the evidence.

Actions 
DateChamber Action
  2/10/2015HouseFiled with the Clerk by Rep. Jim Durkin
  2/17/2015HouseFirst Reading
  2/17/2015HouseReferred to Rules Committee
  2/17/2015HouseAssigned to Executive Committee
  3/27/2015HouseCommittee Deadline Extended-Rule 9(b) April 30, 2015
  4/14/2015HouseDo Pass / Short Debate Executive Committee; 011-000-000
  4/14/2015HousePlaced on Calendar 2nd Reading - Short Debate **
  4/15/2015HouseChief Sponsor Changed to Rep. Thomas M. Bennett
  4/15/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Thomas M. Bennett
  4/15/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/15/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/17/2015HouseAdded Chief Co-Sponsor Rep. Christine Winger
  4/20/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Thomas M. Bennett
  4/20/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/21/2015HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/22/2015HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Robert Martwick
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Ron Sandack
  4/23/2015HouseAdded Co-Sponsor Rep. Pamela Reaves-Harris
  4/23/2015HouseAdded Co-Sponsor Rep. André Thapedi
  4/23/2015HouseAdded Co-Sponsor Rep. Jay Hoffman
  4/23/2015HouseAdded Co-Sponsor Rep. Peter Breen
  4/23/2015HouseAdded Co-Sponsor Rep. Steven A. Andersson
  4/23/2015HouseAdded Co-Sponsor Rep. Dwight Kay
  4/23/2015HouseAdded Co-Sponsor Rep. Terri Bryant
  4/24/2015HouseHouse Floor Amendment No. 2 Adopted
  4/24/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2015HouseThird Reading - Short Debate - Passed 110-000-000
  4/24/2015HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/24/2015HouseAdded Co-Sponsor Rep. Carol Ammons
  4/24/2015HouseAdded Co-Sponsor Rep. Carol Sente
  4/24/2015HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/28/2015SenateArrive in Senate
  4/28/2015SenatePlaced on Calendar Order of First Reading
  4/28/2015SenateChief Senate Sponsor Sen. Jason A. Barickman
  4/28/2015SenateFirst Reading
  4/28/2015SenateReferred to Assignments
  4/29/2015SenateAssigned to Judiciary
  5/6/2015SenatePostponed - Judiciary
  5/8/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
  5/8/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/12/2015SenateSenate Committee Amendment No. 1 Adopted
  5/13/2015SenateDo Pass as Amended Judiciary; 008-000-000
  5/13/2015SenatePlaced on Calendar Order of 2nd Reading May 14, 2015
  5/14/2015SenateSecond Reading
  5/14/2015SenatePlaced on Calendar Order of 3rd Reading May 18, 2015
  5/19/2015SenateThird Reading - Passed; 055-000-000
  5/19/2015HouseArrived in House
  5/19/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/19/2015HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Thomas M. Bennett
  5/19/2015HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2015HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
  5/27/2015HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
  5/31/2015HouseSenate Committee Amendment No. 1 House Concurs 112-000-000
  5/31/2015HouseHouse Concurs
  5/31/2015HousePassed Both Houses
  6/29/2015HouseSent to the Governor
  8/5/2015HouseGovernor Approved
  8/5/2015HouseEffective Date January 1, 2016
  8/5/2015HousePublic Act . . . . . . . . . 99-0272

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