99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6079

 

Introduced 2/11/2016, by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-56  was 720 ILCS 5/16-1.3

    Amends the Criminal Code of 2012. Provides that any person who assumes the responsibility of managing the financial affairs of an elderly person who is a resident of a facility licensed under the Nursing Home Care Act or person with a disability who is a resident of a facility licensed under the Nursing Home Care Act commits financial exploitation of an elderly person or person with a disability if that person assumes the responsibility of managing the financial affairs of the elderly person or person with a disability and fails to pay for the facility care of the elderly person or person with a disability from the assets or income of the elderly person or person with a disability. Provides that evidence of misappropriating funds and failure to pay for the care of an elderly or disabled person may include proof that the facility has sent to the person who has assumed responsibility of managing the financial affairs of an elderly person or person with a disability, by certified mail with confirmation receipt requested, notification of failure to pay facility care expenses incurred by the elderly person or person with a disability. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 2012 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    (a-5) A person commits financial exploitation of an elderly
18person or a person with a disability when he or she assumes the
19responsibility of managing the financial affairs of an elderly
20person who is a resident of a facility licensed under the
21Nursing Home Care Act or person with a disability who is a
22resident of a facility licensed under the Nursing Home Care Act
23and fails to pay for the facility care of the elderly person or

 

 

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1person with a disability from the assets and income of the
2elderly person or person with a disability. For purposes of
3this subsection (a-5), a person assumes the responsibility of
4managing the financial affairs of an elderly person or a person
5with a disability when he or she receives, has access to,
6handles, or controls the funds of the elderly person or person
7with a disability, including, but not limited to, benefits
8under the federal Social Security Act, pension, cash, or other
9income.
10    (b) Sentence. Financial exploitation of an elderly person
11or a person with a disability is: (1) a Class 4 felony if the
12value of the property is $300 or less, (2) a Class 3 felony if
13the value of the property is more than $300 but less than
14$5,000, (3) a Class 2 felony if the value of the property is
15$5,000 or more but less than $50,000, and (4) a Class 1 felony
16if the value of the property is $50,000 or more or if the
17elderly person is over 70 years of age and the value of the
18property is $15,000 or more or if the elderly person is 80
19years of age or older and the value of the property is $5,000
20or more.
21    (c) For purposes of this Section:
22        (1) "Elderly person" means a person 60 years of age or
23    older.
24        (2) "Person with a disability" means a person who
25    suffers from a physical or mental impairment resulting from
26    disease, injury, functional disorder or congenital

 

 

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1    condition that impairs the individual's mental or physical
2    ability to independently manage his or her property or
3    financial resources, or both.
4        (3) "Intimidation" means the communication to an
5    elderly person or a person with a disability that he or she
6    shall be deprived of food and nutrition, shelter,
7    prescribed medication or medical care and treatment or
8    conduct as provided in Section 12-6 of this Code.
9        (4) "Deception" means, in addition to its meaning as
10    defined in Section 15-4 of this Code, a misrepresentation
11    or concealment of material fact relating to the terms of a
12    contract or agreement entered into with the elderly person
13    or person with a disability or to the existing or
14    pre-existing condition of any of the property involved in
15    such contract or agreement; or the use or employment of any
16    misrepresentation, false pretense or false promise in
17    order to induce, encourage or solicit the elderly person or
18    person with a disability to enter into a contract or
19    agreement.
20    The illegal use of the assets or resources of an elderly
21person or a person with a disability includes, but is not
22limited to, the misappropriation of those assets or resources
23by undue influence, breach of a fiduciary relationship, fraud,
24deception, extortion, or use of the assets or resources
25contrary to law.
26    A person stands in a position of trust and confidence with

 

 

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1an elderly person or person with a disability when he (i) is a
2parent, spouse, adult child or other relative by blood or
3marriage of the elderly person or person with a disability,
4(ii) is a joint tenant or tenant in common with the elderly
5person or person with a disability, (iii) has a legal or
6fiduciary relationship with the elderly person or person with a
7disability, (iv) is a financial planning or investment
8professional, or (v) is a paid or unpaid caregiver for the
9elderly person or person with a disability.
10    (d) Limitations. Nothing in this Section shall be construed
11to limit the remedies available to the victim under the
12Illinois Domestic Violence Act of 1986.
13    (e) Good faith efforts. Nothing in this Section shall be
14construed to impose criminal liability on a person who has made
15a good faith effort to assist the elderly person or person with
16a disability in the management of his or her property, but
17through no fault of his or her own has been unable to provide
18such assistance.
19    (f) Not a defense. It shall not be a defense to financial
20exploitation of an elderly person or person with a disability
21that the accused reasonably believed that the victim was not an
22elderly person or person with a disability.
23    (g) Civil Liability. A civil cause of action exists for
24financial exploitation of an elderly person or a person with a
25disability as described in subsection (a) of this Section. A
26person against whom a civil judgment has been entered for

 

 

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1financial exploitation of an elderly person or person with a
2disability shall be liable to the victim or to the estate of
3the victim in damages of treble the amount of the value of the
4property obtained, plus reasonable attorney fees and court
5costs. In a civil action under this subsection, the burden of
6proof that the defendant committed financial exploitation of an
7elderly person or a person with a disability as described in
8subsection (a) of this Section shall be by a preponderance of
9the evidence. This subsection shall be operative whether or not
10the defendant has been charged or convicted of the criminal
11offense as described in subsection (a) of this Section. This
12subsection (g) shall not limit or affect the right of any
13person to bring any cause of action or seek any remedy
14available under the common law, or other applicable law,
15arising out of the financial exploitation of an elderly person
16or a person with a disability.
17    (h) If a person is charged with financial exploitation of
18an elderly person or a person with a disability that involves
19the taking or loss of property valued at more than $5,000, a
20prosecuting attorney may file a petition with the circuit court
21of the county in which the defendant has been charged to freeze
22the assets of the defendant in an amount equal to but not
23greater than the alleged value of lost or stolen property in
24the defendant's pending criminal proceeding for purposes of
25restitution to the victim. The burden of proof required to
26freeze the defendant's assets shall be by a preponderance of

 

 

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1the evidence.
2    (i) Evidence of misappropriating funds and failure to pay
3for the facility care of an elderly person or person with a
4disability may include, but is not limited to, proof that the
5facility has sent to the person who has assumed responsibility
6of managing the financial affairs of an elderly person or
7person with a disability, by certified mail with confirmation
8receipt requested, notification of failure to pay facility care
9expenses incurred by the elderly person or person with a
10disability.
11(Source: P.A. 99-272, eff. 1-1-16.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.