Rep. Milton Patterson

Filed: 3/14/2008

 

 


 

 


 
09500HB4506ham001 LRB095 18288 RLC 48350 a

1
AMENDMENT TO HOUSE BILL 4506

2     AMENDMENT NO. ______. Amend House Bill 4506 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 16-1.3 as follows:
 
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

 

 

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1 resources of an elderly person or a person with a disability
2 includes, but is not limited to, the misappropriation of those
3 assets or resources by undue influence, breach of a fiduciary
4 relationship, fraud, deception, extortion, or use of the assets
5 or resources contrary to law.
6     Financial exploitation of an elderly person or a person
7 with a disability is a Class 4 felony if the value of the
8 property is $300 or less, a Class 3 felony if the value of the
9 property is more than $300 but less than $5,000, a Class 2
10 felony if the value of the property is $5,000 or more but less
11 than $100,000 and a Class 1 felony if the value of the property
12 is $100,000 or more or if the elderly person is over 70 years
13 of age and the value of the property is $15,000 or more or if
14 the elderly person is 80 years of age or older and the value of
15 the property is $5,000 or more.
16     (b) For purposes of this Section:
17         (1) "Elderly person" means a person 60 years of age or
18     older.
19         (2) "Person with a disability" means a person who
20     suffers from a permanent physical or mental impairment
21     resulting from disease, injury, functional disorder or
22     congenital condition that impairs the individual's mental
23     or physical ability to independently manage his or her
24     property or financial resources, or both.
25         (3) "Intimidation" means the communication to an
26     elderly person or a person with a disability that he or she

 

 

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1     shall be deprived of food and nutrition, shelter,
2     prescribed medication or medical care and treatment.
3         (4) "Deception" means, in addition to its meaning as
4     defined in Section 15-4 of this Code, a misrepresentation
5     or concealment of material fact relating to the terms of a
6     contract or agreement entered into with the elderly person
7     or person with a disability or to the existing or
8     pre-existing condition of any of the property involved in
9     such contract or agreement; or the use or employment of any
10     misrepresentation, false pretense or false promise in
11     order to induce, encourage or solicit the elderly person or
12     person with a disability to enter into a contract or
13     agreement.
14     (c) For purposes of this Section, a person stands in a
15 position of trust and confidence with an elderly person or
16 person with a disability when he (1) is a parent, spouse, adult
17 child or other relative by blood or marriage of the elderly
18 person or person with a disability, (2) is a joint tenant or
19 tenant in common with the elderly person or person with a
20 disability, (3) has a legal or fiduciary relationship with the
21 elderly person or person with a disability, or (4) is a
22 financial planning or investment professional.
23     (d) Nothing in this Section shall be construed to limit the
24 remedies available to the victim under the Illinois Domestic
25 Violence Act of 1986.
26     (e) Nothing in this Section shall be construed to impose

 

 

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1 criminal liability on a person who has made a good faith effort
2 to assist the elderly person or person with a disability in the
3 management of his or her property, but through no fault of his
4 or her own has been unable to provide such assistance.
5     (f) It shall not be a defense to financial exploitation of
6 an elderly person or person with a disability that the accused
7 reasonably believed that the victim was not an elderly person
8 or person with a disability.
9     (g) Civil Liability. A person who is charged by information
10 or indictment with the offense of financial exploitation of an
11 elderly person or person with a disability and who fails or
12 refuses to return the victim's property within 60 days
13 following a written demand from the victim or the victim's
14 legal representative shall be liable to the victim or to the
15 estate of the victim in damages of treble the amount of the
16 value of the property obtained, plus reasonable attorney fees
17 and court costs. The burden of proof that the defendant
18 unlawfully obtained the victim's property shall be by a
19 preponderance of the evidence. This subsection shall be
20 operative whether or not the defendant has been convicted of
21 the offense.
22 (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)".