HB1398 Engrossed LRB095 06656 RLC 26764 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 12-21 and 16-1.3 as follows:
 
6     (720 ILCS 5/12-21)  (from Ch. 38, par. 12-21)
7     Sec. 12-21. Criminal abuse or neglect of an elderly person
8 or person with a disability.
9     (a) A person commits the offense of criminal abuse or
10 neglect of an elderly person or person with a disability when
11 he or she is a caregiver and he or she knowingly:
12         (1) performs acts that cause the elderly person or
13     person with a disability's life to be endangered, health to
14     be injured, or pre-existing physical or mental condition to
15     deteriorate; or
16         (2) fails to perform acts that he or she knows or
17     reasonably should know are necessary to maintain or
18     preserve the life or health of the elderly person or person
19     with a disability and such failure causes the elderly
20     person or person with a disability's life to be endangered,
21     health to be injured or pre-existing physical or mental
22     condition to deteriorate; or
23         (3) abandons the elderly person or person with a

 

 

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1     disability; or
2         (4) physically abuses, harasses, intimidates, or
3     interferes with the personal liberty of the elderly person
4     or person with a disability or exposes the elderly person
5     or person with a disability to willful deprivation.
6     Criminal abuse or neglect of an elderly person or person
7 with a disability is a Class 3 felony. Criminal neglect of an
8 elderly person or person with a disability is a Class 2 felony
9 if the criminal neglect results in the death of the person
10 neglected for which the defendant, if sentenced to a term of
11 imprisonment, shall be sentenced to a term of not less than 3
12 years and not more than 14 years.
13     (b) For purposes of this Section:
14         (1) "Elderly person" means a person 60 years of age or
15     older who is incapable of adequately providing for his own
16     health and personal care.
17         (2) "Person with a disability" means a person who
18     suffers from a permanent physical or mental impairment,
19     resulting from disease, injury, functional disorder or
20     congenital condition which renders such person incapable
21     of adequately providing for his own health and personal
22     care.
23         (3) "Caregiver" means a person who has a duty to
24     provide for an elderly person or person with a disability's
25     health and personal care, at such person's place of
26     residence, including but not limited to, food and

 

 

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1     nutrition, shelter, hygiene, prescribed medication and
2     medical care and treatment.
3         "Caregiver" shall include:
4             (A) a parent, spouse, adult child or other relative
5         by blood or marriage who resides with or resides in the
6         same building with or regularly visits the elderly
7         person or person with a disability, knows or reasonably
8         should know of such person's physical or mental
9         impairment and knows or reasonably should know that
10         such person is unable to adequately provide for his own
11         health and personal care;
12             (B) a person who is employed by the elderly person
13         or person with a disability or by another to reside
14         with or regularly visit the elderly person or person
15         with a disability and provide for such person's health
16         and personal care;
17             (C) a person who has agreed for consideration to
18         reside with or regularly visit the elderly person or
19         person with a disability and provide for such person's
20         health and personal care; and
21             (D) a person who has been appointed by a private or
22         public agency or by a court of competent jurisdiction
23         to provide for the elderly person or person with a
24         disability's health and personal care.
25         "Caregiver" shall not include a long-term care
26     facility licensed or certified under the Nursing Home Care

 

 

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1     Act or any administrative, medical or other personnel of
2     such a facility, or a health care provider who is licensed
3     under the Medical Practice Act of 1987 and renders care in
4     the ordinary course of his profession.
5         (4) "Abandon" means to desert or knowingly forsake an
6     elderly person or person with a disability under
7     circumstances in which a reasonable person would continue
8     to provide care and custody.
9         (5) "Willful deprivation" has the meaning ascribed to
10     it in paragraph (15) of Section 103 of the Illinois
11     Domestic Violence Act of 1986.
12     (c) Nothing in this Section shall be construed to limit the
13 remedies available to the victim under the Illinois Domestic
14 Violence Act.
15     (d) Nothing in this Section shall be construed to impose
16 criminal liability on a person who has made a good faith effort
17 to provide for the health and personal care of an elderly
18 person or person with a disability, but through no fault of his
19 own has been unable to provide such care.
20     (e) Nothing in this Section shall be construed as
21 prohibiting a person from providing treatment by spiritual
22 means through prayer alone and care consistent therewith in
23 lieu of medical care and treatment in accordance with the
24 tenets and practices of any church or religious denomination of
25 which the elderly person or person with a disability is a
26 member.

 

 

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1     (f) It is not a defense to criminal abuse or neglect of an
2 elderly person or person with a disability that the accused
3 reasonably believed that the victim was not an elderly person
4 or person with a disability.
5 (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
 
6     (720 ILCS 5/16-1.3)  (from Ch. 38, par. 16-1.3)
7     Sec. 16-1.3. Financial exploitation of an elderly person or
8 a person with a disability.
9     (a) A person commits the offense of financial exploitation
10 of an elderly person or a person with a disability when he or
11 she stands in a position of trust or confidence with the
12 elderly person or a person with a disability and he or she
13 knowingly and by deception or intimidation obtains control over
14 the property of an elderly person or a person with a disability
15 or illegally uses the assets or resources of an elderly person
16 or a person with a disability. The illegal use of the assets or
17 resources of an elderly person or a person with a disability
18 includes, but is not limited to, the misappropriation of those
19 assets or resources by undue influence, breach of a fiduciary
20 relationship, fraud, deception, extortion, or use of the assets
21 or resources contrary to law.
22     Financial exploitation of an elderly person or a person
23 with a disability is a Class 4 felony if the value of the
24 property is $300 or less, a Class 3 felony if the value of the
25 property is more than $300 but less than $5,000, a Class 2

 

 

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1 felony if the value of the property is $5,000 or more but less
2 than $100,000 and a Class 1 felony if the value of the property
3 is $100,000 or more or if the elderly person is over 70 years
4 of age and the value of the property is $15,000 or more or if
5 the elderly person is 80 years of age or older and the value of
6 the property is $5,000 or more.
7     (b) For purposes of this Section:
8         (1) "Elderly person" means a person 60 years of age or
9     older.
10         (2) "Person with a disability" means a person who
11     suffers from a permanent physical or mental impairment
12     resulting from disease, injury, functional disorder or
13     congenital condition that impairs the individual's mental
14     or physical ability to independently manage his or her
15     property or financial resources, or both.
16         (3) "Intimidation" means the communication to an
17     elderly person or a person with a disability that he or she
18     shall be deprived of food and nutrition, shelter,
19     prescribed medication or medical care and treatment.
20         (4) "Deception" means, in addition to its meaning as
21     defined in Section 15-4 of this Code, a misrepresentation
22     or concealment of material fact relating to the terms of a
23     contract or agreement entered into with the elderly person
24     or person with a disability or to the existing or
25     pre-existing condition of any of the property involved in
26     such contract or agreement; or the use or employment of any

 

 

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1     misrepresentation, false pretense or false promise in
2     order to induce, encourage or solicit the elderly person or
3     person with a disability to enter into a contract or
4     agreement.
5     (c) For purposes of this Section, a person stands in a
6 position of trust and confidence with an elderly person or
7 person with a disability when he (1) is a parent, spouse, adult
8 child or other relative by blood or marriage of the elderly
9 person or person with a disability, (2) is a joint tenant or
10 tenant in common with the elderly person or person with a
11 disability, (3) has a legal or fiduciary relationship with the
12 elderly person or person with a disability, or (4) is a
13 financial planning or investment professional.
14     (d) Nothing in this Section shall be construed to limit the
15 remedies available to the victim under the Illinois Domestic
16 Violence Act of 1986.
17     (e) Nothing in this Section shall be construed to impose
18 criminal liability on a person who has made a good faith effort
19 to assist the elderly person or person with a disability in the
20 management of his or her property, but through no fault of his
21 or her own has been unable to provide such assistance.
22     (f) It shall not be a defense to financial exploitation of
23 an elderly person or person with a disability that the accused
24 reasonably believed that the victim was not an elderly person
25 or person with a disability.
26     (g) Civil Liability. A person who is charged by information

 

 

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1 or indictment with the offense of financial exploitation of an
2 elderly person or person with a disability and who fails or
3 refuses to return the victim's property within 60 days
4 following a written demand from the victim or the victim's
5 legal representative shall be liable to the victim or to the
6 estate of the victim in damages of treble the amount of the
7 value of the property obtained, plus reasonable attorney fees
8 and court costs. The burden of proof that the defendant
9 unlawfully obtained the victim's property shall be by a
10 preponderance of the evidence. This subsection shall be
11 operative whether or not the defendant has been convicted of
12 the offense.
13 (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)