Illinois General Assembly - Full Text of SB1919
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Full Text of SB1919  102nd General Assembly

SB1919 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1919

 

Introduced 2/26/2021, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment. Provides that if a mandated reporter has reason to believe an elderly person's death may be the result of abuse, abandonment, or neglect, the matter shall be reported for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Requires a mandated reporter to testify in any resulting administrative hearing. Requires the Department on Aging to offer an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to and prevent adult abuse, neglect, exploitation, or abandonment. Requires the Department to implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons who may be experiencing elder abuse, abandonment, neglect, or exploitation. Amends the Criminal Code of 2012. Provides that a prosecution for theft by deception of a victim age 60 or older or a person with a disability may be commenced within 7 (rather than 3) years of the last act committed in furtherance of the crime. Concerning the offense of financial exploitation of an elderly person or a person with a disability, expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust. Amends the Home Repair Fraud Act. Provides that a person commits aggravated home repair fraud when he or she promises a performance that he or she knows will not be completed at any time during the performance of the service.


LRB102 17284 KTG 22761 b

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

 

 

A BILL FOR

 

SB1919LRB102 17284 KTG 22761 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adult Protective Services Act is amended by
5changing Sections 2, 3, 3.5, 4, 4.1, 4.2, 5, 7.1, 7.5, 8, 9,
613, and 15 and by adding Sections 3.3 and 3.6 as follows:
 
7    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
8    Sec. 2. Definitions. As used in this Act, unless the
9context requires otherwise:
10    (a) "Abandonment" means the desertion or willful forsaking
11of an eligible adult by anyone having care or custody of that
12eligible adult under circumstances in which a reasonable
13person would continue to provide care and custody.
14    (a-1) (a) "Abuse" means causing any physical, mental or
15sexual injury to an eligible adult, including exploitation of
16such adult's financial resources, and abandonment.
17    Nothing in this Act shall be construed to mean that an
18eligible adult is a victim of abuse, abandonment, neglect, or
19self-neglect for the sole reason that he or she is being
20furnished with or relies upon treatment by spiritual means
21through prayer alone, in accordance with the tenets and
22practices of a recognized church or religious denomination.
23    Nothing in this Act shall be construed to mean that an

 

 

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1eligible adult is a victim of abuse because of health care
2services provided or not provided by licensed health care
3professionals.
4    (a-5) "Abuser" means a person who abuses, abandons,
5neglects, or financially exploits an eligible adult.
6    (a-6) "Adult with disabilities" means a person aged 18
7through 59 who resides in a domestic living situation and
8whose disability as defined in subsection (c-5) impairs his or
9her ability to seek or obtain protection from abuse,
10abandonment, neglect, or exploitation.
11    (a-7) "Caregiver" means a person who either as a result of
12a family relationship, voluntarily, or in exchange for
13compensation has assumed responsibility for all or a portion
14of the care of an eligible adult who needs assistance with
15activities of daily living or instrumental activities of daily
16living.
17    (b) "Department" means the Department on Aging of the
18State of Illinois.
19    (c) "Director" means the Director of the Department.
20    (c-5) "Disability" means a physical or mental disability,
21including, but not limited to, a developmental disability, an
22intellectual disability, a mental illness as defined under the
23Mental Health and Developmental Disabilities Code, or dementia
24as defined under the Alzheimer's Disease Assistance Act.
25    (d) "Domestic living situation" means a residence where
26the eligible adult at the time of the report lives alone or

 

 

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1with his or her family or a caregiver, or others, or other
2community-based unlicensed facility, but is not:
3        (1) A licensed facility as defined in Section 1-113 of
4    the Nursing Home Care Act;
5        (1.5) A facility licensed under the ID/DD Community
6    Care Act;
7        (1.6) A facility licensed under the MC/DD Act;
8        (1.7) A facility licensed under the Specialized Mental
9    Health Rehabilitation Act of 2013;
10        (2) A "life care facility" as defined in the Life Care
11    Facilities Act;
12        (3) A home, institution, or other place operated by
13    the federal government or agency thereof or by the State
14    of Illinois;
15        (4) A hospital, sanitarium, or other institution, the
16    principal activity or business of which is the diagnosis,
17    care, and treatment of human illness through the
18    maintenance and operation of organized facilities
19    therefor, which is required to be licensed under the
20    Hospital Licensing Act;
21        (5) A "community living facility" as defined in the
22    Community Living Facilities Licensing Act;
23        (6) (Blank);
24        (7) A "community-integrated living arrangement" as
25    defined in the Community-Integrated Living Arrangements
26    Licensure and Certification Act or a "community

 

 

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1    residential alternative" as licensed under that Act;
2        (8) An assisted living or shared housing establishment
3    as defined in the Assisted Living and Shared Housing Act;
4    or
5        (9) A supportive living facility as described in
6    Section 5-5.01a of the Illinois Public Aid Code.
7    (e) "Eligible adult" means either an adult with
8disabilities aged 18 through 59 or a person aged 60 or older
9who resides in a domestic living situation and is, or is
10alleged to be, abused, abandoned, neglected, or financially
11exploited by another individual or who neglects himself or
12herself. "Eligible adult" also includes an adult who resides
13in any of the facilities that are excluded from the definition
14of "domestic living situation" under paragraphs (1) through
15(9) of subsection (d), if either: (i) the alleged abuse,
16abandonment, or neglect occurs outside of the facility and not
17under facility supervision and the alleged abuser is a family
18member, caregiver, or another person who has a continuing
19relationship with the adult; or (ii) the alleged financial
20exploitation is perpetrated by a family member, caregiver, or
21another person who has a continuing relationship with the
22adult, but who is not an employee of the facility where the
23adult resides.
24    (f) "Emergency" means a situation in which an eligible
25adult is living in conditions presenting a risk of death or
26physical, mental or sexual injury and the provider agency has

 

 

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1reason to believe the eligible adult is unable to consent to
2services which would alleviate that risk.
3    (f-1) "Financial exploitation" means the use of an
4eligible adult's resources by another to the disadvantage of
5that adult or the profit or advantage of a person other than
6that adult.
7    (f-5) "Mandated reporter" means any of the following
8persons while engaged in carrying out their professional
9duties:
10        (1) a professional or professional's delegate while
11    engaged in: (i) social services, (ii) law enforcement,
12    (iii) education, (iv) the care of an eligible adult or
13    eligible adults, or (v) any of the occupations required to
14    be licensed under the Clinical Psychologist Licensing Act,
15    the Clinical Social Work and Social Work Practice Act, the
16    Illinois Dental Practice Act, the Dietitian Nutritionist
17    Practice Act, the Marriage and Family Therapy Licensing
18    Act, the Medical Practice Act of 1987, the Naprapathic
19    Practice Act, the Nurse Practice Act, the Nursing Home
20    Administrators Licensing and Disciplinary Act, the
21    Illinois Occupational Therapy Practice Act, the Illinois
22    Optometric Practice Act of 1987, the Pharmacy Practice
23    Act, the Illinois Physical Therapy Act, the Physician
24    Assistant Practice Act of 1987, the Podiatric Medical
25    Practice Act of 1987, the Respiratory Care Practice Act,
26    the Professional Counselor and Clinical Professional

 

 

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1    Counselor Licensing and Practice Act, the Illinois
2    Speech-Language Pathology and Audiology Practice Act, the
3    Veterinary Medicine and Surgery Practice Act of 2004, and
4    the Illinois Public Accounting Act;
5        (1.5) an employee of an entity providing developmental
6    disabilities services or service coordination funded by
7    the Department of Human Services;
8        (2) an employee of a vocational rehabilitation
9    facility prescribed or supervised by the Department of
10    Human Services;
11        (3) an administrator, employee, or person providing
12    services in or through an unlicensed community based
13    facility;
14        (4) any religious practitioner who provides treatment
15    by prayer or spiritual means alone in accordance with the
16    tenets and practices of a recognized church or religious
17    denomination, except as to information received in any
18    confession or sacred communication enjoined by the
19    discipline of the religious denomination to be held
20    confidential;
21        (5) field personnel of the Department of Healthcare
22    and Family Services, Department of Public Health, and
23    Department of Human Services, and any county or municipal
24    health department;
25        (6) personnel of the Department of Human Services, the
26    Guardianship and Advocacy Commission, the State Fire

 

 

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1    Marshal, local fire departments, the Department on Aging
2    and its subsidiary Area Agencies on Aging and provider
3    agencies, and the Office of State Long Term Care
4    Ombudsman;
5        (7) any employee of the State of Illinois not
6    otherwise specified herein who is involved in providing
7    services to eligible adults, including professionals
8    providing medical or rehabilitation services and all other
9    persons having direct contact with eligible adults;
10        (8) a person who performs the duties of a coroner or
11    medical examiner; or
12        (9) a person who performs the duties of a paramedic or
13    an emergency medical technician.
14    (g) "Neglect" means another individual's failure to
15provide an eligible adult with or willful withholding from an
16eligible adult the necessities of life including, but not
17limited to, food, clothing, shelter or health care. This
18subsection does not create any new affirmative duty to provide
19support to eligible adults. Nothing in this Act shall be
20construed to mean that an eligible adult is a victim of neglect
21because of health care services provided or not provided by
22licensed health care professionals.
23    (h) "Provider agency" means any public or nonprofit agency
24in a planning and service area that is selected by the
25Department or appointed by the regional administrative agency
26with prior approval by the Department on Aging to receive and

 

 

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1assess reports of alleged or suspected abuse, abandonment,
2neglect, or financial exploitation. A provider agency is also
3referenced as a "designated agency" in this Act.
4    (i) "Regional administrative agency" means any public or
5nonprofit agency in a planning and service area that provides
6regional oversight and performs functions as set forth in
7subsection (b) of Section 3 of this Act. The Department shall
8designate an Area Agency on Aging as the regional
9administrative agency or, in the event the Area Agency on
10Aging in that planning and service area is deemed by the
11Department to be unwilling or unable to provide those
12functions, the Department may serve as the regional
13administrative agency or designate another qualified entity to
14serve as the regional administrative agency; any such
15designation shall be subject to terms set forth by the
16Department.
17    (i-5) "Self-neglect" means a condition that is the result
18of an eligible adult's inability, due to physical or mental
19impairments, or both, or a diminished capacity, to perform
20essential self-care tasks that substantially threaten his or
21her own health, including: providing essential food, clothing,
22shelter, and health care; and obtaining goods and services
23necessary to maintain physical health, mental health,
24emotional well-being, and general safety. The term includes
25compulsive hoarding, which is characterized by the acquisition
26and retention of large quantities of items and materials that

 

 

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1produce an extensively cluttered living space, which
2significantly impairs the performance of essential self-care
3tasks or otherwise substantially threatens life or safety.
4    (j) "Substantiated case" means a reported case of alleged
5or suspected abuse, abandonment, neglect, financial
6exploitation, or self-neglect in which a provider agency,
7after assessment, determines that there is reason to believe
8abuse, abandonment, neglect, or financial exploitation has
9occurred.
10    (k) "Verified" means a determination that there is "clear
11and convincing evidence" that the specific injury or harm
12alleged was the result of abuse, abandonment, neglect, or
13financial exploitation.
14(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 
15    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
16    Sec. 3. Responsibilities.
17    (a) The Department shall establish, design, and manage a
18protective services program for eligible adults who have been,
19or are alleged to be, victims of abuse, abandonment, neglect,
20financial exploitation, or self-neglect. The Department shall
21contract with or fund, or contract with and fund, regional
22administrative agencies, provider agencies, or both, for the
23provision of those functions, and, contingent on adequate
24funding, with attorneys or legal services provider agencies
25for the provision of legal assistance pursuant to this Act.

 

 

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1For self-neglect, the program shall include the following
2services for eligible adults who have been removed from their
3residences for the purpose of cleanup or repairs: temporary
4housing; counseling; and caseworker services to try to ensure
5that the conditions necessitating the removal do not reoccur.
6    (a-1) The Department shall by rule develop standards for
7minimum staffing levels and staff qualifications. The
8Department shall by rule establish mandatory standards for the
9investigation of abuse, abandonment, neglect, financial
10exploitation, or self-neglect of eligible adults and mandatory
11procedures for linking eligible adults to appropriate services
12and supports.
13    (a-5) A provider agency shall, in accordance with rules
14promulgated by the Department, establish a multi-disciplinary
15team to act in an advisory role for the purpose of providing
16professional knowledge and expertise in the handling of
17complex abuse cases involving eligible adults. Each
18multi-disciplinary team shall consist of one volunteer
19representative from the following professions: banking or
20finance; disability care; health care; law; law enforcement;
21mental health care; and clergy. A provider agency may also
22choose to add representatives from the fields of substance
23abuse, domestic violence, sexual assault, or other related
24fields. To support multi-disciplinary teams in this role, law
25enforcement agencies and coroners or medical examiners shall
26supply records as may be requested in particular cases.

 

 

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1    (b) Each regional administrative agency shall designate
2provider agencies within its planning and service area with
3prior approval by the Department on Aging, monitor the use of
4services, provide technical assistance to the provider
5agencies and be involved in program development activities.
6    (c) Provider agencies shall assist, to the extent
7possible, eligible adults who need agency services to allow
8them to continue to function independently. Such assistance
9shall include, but not be limited to, receiving reports of
10alleged or suspected abuse, abandonment, neglect, financial
11exploitation, or self-neglect, conducting face-to-face
12assessments of such reported cases, determination of
13substantiated cases, referral of substantiated cases for
14necessary support services, referral of criminal conduct to
15law enforcement in accordance with Department guidelines, and
16provision of case work and follow-up services on substantiated
17cases. In the case of a report of alleged or suspected abuse,
18abandonment, or neglect that places an eligible adult at risk
19of injury or death, a provider agency shall respond to the
20report on an emergency basis in accordance with guidelines
21established by the Department by administrative rule and shall
22ensure that it is capable of responding to such a report 24
23hours per day, 7 days per week. A provider agency may use an
24on-call system to respond to reports of alleged or suspected
25abuse, abandonment, or neglect after hours and on weekends.
26    (c-5) Where a provider agency has reason to believe that

 

 

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1the death of an eligible adult may be the result of abuse,
2abandonment, or neglect, including any reports made after
3death, the agency shall immediately report the matter to both
4the appropriate law enforcement agency and the coroner or
5medical examiner. Between 30 and 45 days after making such a
6report, the provider agency again shall contact the law
7enforcement agency and coroner or medical examiner to
8determine whether any further action was taken. Upon request
9by a provider agency, a law enforcement agency and coroner or
10medical examiner shall supply a summary of its action in
11response to a reported death of an eligible adult. A copy of
12the report shall be maintained and all subsequent follow-up
13with the law enforcement agency and coroner or medical
14examiner shall be documented in the case record of the
15eligible adult. If the law enforcement agency, coroner, or
16medical examiner determines the reported death was caused by
17abuse, abandonment, or neglect by a caregiver, the law
18enforcement agency, coroner, or medical examiner shall inform
19the Department, and the Department shall report the
20caregiver's identity on the Registry as described in Section
217.5 of this Act.
22    (d) Upon sufficient appropriations to implement a
23statewide program, the Department shall implement a program,
24based on the recommendations of the Self-Neglect Steering
25Committee, for (i) responding to reports of possible
26self-neglect, (ii) protecting the autonomy, rights, privacy,

 

 

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1and privileges of adults during investigations of possible
2self-neglect and consequential judicial proceedings regarding
3competency, (iii) collecting and sharing relevant information
4and data among the Department, provider agencies, regional
5administrative agencies, and relevant seniors, (iv) developing
6working agreements between provider agencies and law
7enforcement, where practicable, and (v) developing procedures
8for collecting data regarding incidents of self-neglect.
9(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
10    (320 ILCS 20/3.3 new)
11    Sec. 3.3. Adult protective services trauma-informed
12training.
13    (a) This Section applies to any employee in the Office of
14Adult Protective Services who works on the development and
15implementation of social services to respond to and prevent
16adult abuse, neglect, exploitation, or abandonment.
17    (b) Subject to appropriation, the Department shall offer
18an annual trauma-informed training program that includes (i)
19instruction on how trauma impacts caseworkers and other
20employees who respond to and prevent adult abuse, neglect,
21exploitation, or abandonment, (ii) a review of the meaning and
22impact of secondary trauma, and (iii) information about
23strategies to identify and address secondary trauma in
24caseworkers and other employees who work with adults who may
25have experienced abuse, neglect, exploitation, or abandonment.

 

 

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1    (c) Any trauma-informed training offered by the Department
2shall cover the following:
3        (1) The widespread impact of secondary trauma on
4    caseworkers and other employees who work with adults who
5    may have experienced abuse, neglect, exploitation, or
6    abandonment.
7        (2) An understanding of who is at risk for developing
8    secondary trauma.
9        (3) Relevant and realistic case studies involving
10    traumatic situations that other caseworkers and employees
11    who work with adults who may have experienced abuse,
12    neglect, exploitation, or abandonment have encountered in
13    their work.
14        (4) Symptoms and causes of secondary trauma in
15    caseworkers and other employees who work with adults who
16    may have experienced abuse, neglect, exploitation, or
17    abandonment.
18        (5) Strategies for prevention and intervention in
19    cases of secondary trauma involving caseworkers or other
20    employees who work with adults who may have experienced
21    abuse, neglect, exploitation, or abandonment, including
22    the development of a self-care plan.
23        (6) How to incorporate monitoring and support
24    techniques for employees experiencing secondary trauma
25    into departmental policies, guidelines, and protocols.
26    (d) This Section is designed to address gaps in current

 

 

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1trauma-informed training requirements for employees of the
2Office of Adult Protective Services and to improve the quality
3of training. If any law or rule existing on the effective date
4of this amendatory Act of the 102nd General Assembly contains
5more rigorous training requirements for employees of the
6Office of Adult Protective Services, then that law or rule
7shall apply. If there is overlap between this Section and
8other laws and rules, the Department shall interpret this
9Section to avoid duplication of requirements while ensuring
10that the minimum requirements set in this Section are met.
11    (e) The Department may adopt rules to implement this
12Section.
 
13    (320 ILCS 20/3.5)
14    Sec. 3.5. Other responsibilities. The Department shall
15also be responsible for the following activities, contingent
16upon adequate funding; implementation shall be expanded to
17adults with disabilities upon the effective date of this
18amendatory Act of the 98th General Assembly, except those
19responsibilities under subsection (a), which shall be
20undertaken as soon as practicable:
21        (a) promotion of a wide range of endeavors for the
22    purpose of preventing abuse, abandonment, neglect,
23    financial exploitation, and self-neglect, including, but
24    not limited to, promotion of public and professional
25    education to increase awareness of abuse, abandonment,

 

 

SB1919- 16 -LRB102 17284 KTG 22761 b

1    neglect, financial exploitation, and self-neglect; to
2    increase reports; to establish access to and use of the
3    Registry established under Section 7.5; and to improve
4    response by various legal, financial, social, and health
5    systems;
6        (b) coordination of efforts with other agencies,
7    councils, and like entities, to include but not be limited
8    to, the Administrative Office of the Illinois Courts, the
9    Office of the Attorney General, the State Police, the
10    Illinois Law Enforcement Training Standards Board, the
11    State Triad, the Illinois Criminal Justice Information
12    Authority, the Departments of Public Health, Healthcare
13    and Family Services, and Human Services, the Illinois
14    Guardianship and Advocacy Commission, the Family Violence
15    Coordinating Council, the Illinois Violence Prevention
16    Authority, and other entities which may impact awareness
17    of, and response to, abuse, abandonment, neglect,
18    financial exploitation, and self-neglect;
19        (c) collection and analysis of data;
20        (d) monitoring of the performance of regional
21    administrative agencies and adult protective services
22    agencies;
23        (e) promotion of prevention activities;
24        (f) establishing and coordinating an aggressive
25    training program on the unique nature of adult abuse cases
26    with other agencies, councils, and like entities, to

 

 

SB1919- 17 -LRB102 17284 KTG 22761 b

1    include but not be limited to the Office of the Attorney
2    General, the State Police, the Illinois Law Enforcement
3    Training Standards Board, the State Triad, the Illinois
4    Criminal Justice Information Authority, the State
5    Departments of Public Health, Healthcare and Family
6    Services, and Human Services, the Family Violence
7    Coordinating Council, the Illinois Violence Prevention
8    Authority, the agency designated by the Governor under
9    Section 1 of the Protection and Advocacy for Persons with
10    Developmental Disabilities Act, and other entities that
11    may impact awareness of and response to abuse,
12    abandonment, neglect, financial exploitation, and
13    self-neglect;
14        (g) solicitation of financial institutions for the
15    purpose of making information available to the general
16    public warning of financial exploitation of adults and
17    related financial fraud or abuse, including such
18    information and warnings available through signage or
19    other written materials provided by the Department on the
20    premises of such financial institutions, provided that the
21    manner of displaying or distributing such information is
22    subject to the sole discretion of each financial
23    institution;
24        (g-1) developing by joint rulemaking with the
25    Department of Financial and Professional Regulation
26    minimum training standards which shall be used by

 

 

SB1919- 18 -LRB102 17284 KTG 22761 b

1    financial institutions for their current and new employees
2    with direct customer contact; the Department of Financial
3    and Professional Regulation shall retain sole visitation
4    and enforcement authority under this subsection (g-1); the
5    Department of Financial and Professional Regulation shall
6    provide bi-annual reports to the Department setting forth
7    aggregate statistics on the training programs required
8    under this subsection (g-1); and
9        (h) coordinating efforts with utility and electric
10    companies to send notices in utility bills to explain to
11    persons 60 years of age or older their rights regarding
12    telemarketing and home repair fraud.
13(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1499-143, eff. 7-27-15.)
 
15    (320 ILCS 20/3.6 new)
16    Sec. 3.6. Elder abuse risk assessment tool.
17    (a) The Department shall develop and implement a
18demonstration project to allow for the use of a risk
19assessment tool to assist in identifying elderly persons,
20including homebound persons, who may be experiencing elder
21abuse, abandonment, neglect, or exploitation and providing the
22necessary support to address elder abuse, abandonment,
23neglect, or exploitation. The Department shall finalize
24planning on the demonstration project by December 1, 2022 with
25implementation beginning on January 1, 2023. The risk

 

 

SB1919- 19 -LRB102 17284 KTG 22761 b

1assessment tool shall identify (i) the level of risk for elder
2abuse, abandonment, neglect, or exploitation; (ii) risk
3factors causing the abuse, abandonment, neglect, or
4exploitation; and (iii) appropriate follow-up and action in
5response to any suspected abuse, abandonment, neglect, or
6exploitation. In identifying a risk assessment tool, the
7Department shall coordinate with all of the following:
8        (1) The Department of Healthcare and Family Services.
9        (2) A hospital, hospital system, or a statewide
10    association representing hospitals.
11        (3) A managed care organization or a statewide
12    association representing managed care organizations.
13        (4) A Care Coordination Unit.
14        (5) An Area Agency on Aging or a statewide association
15    representing Area Agencies on Aging.
16        (6) Legal aid providers.
17        (7) A financial institution or a statewide association
18    representing financial institutions.
19        (8) Adult Protective Services providers.
20    (b) The risk assessment tool shall be comprehensive and
21include all of the following components:
22        (1) Client demographics.
23        (2) Indicators of elder abuse, abandonment, neglect,
24    or exploitation.
25        (3) Contributing risk factors for abuse, abandonment,
26    neglect, or exploitation.

 

 

SB1919- 20 -LRB102 17284 KTG 22761 b

1        (4) Overall level of risk on a scale of low, medium,
2    and high-risk level.
3        (5) Appropriate follow-up and action.
4        (6) Client outcomes.
5    (c) If any hospital employee, social worker, or other
6employee utilizing the risk assessment tool identifies that an
7elderly person is at risk for elder abuse, abandonment,
8neglect, or exploitation, the employee shall utilize the risk
9assessment tool to refer the elderly person to a managed care
10organization, legal aid service, Adult Protective Services
11provider, or other needed services and supports.
12    (d) The Department may adopt rules to implement this
13Section.
 
14    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
15    Sec. 4. Reports of abuse, abandonment, or neglect.
16    (a) Any person who suspects the abuse, abandonment,
17neglect, financial exploitation, or self-neglect of an
18eligible adult may report this suspicion or information about
19the suspicious death of an eligible adult to an agency
20designated to receive such reports under this Act or to the
21Department.
22    (a-5) If any mandated reporter has reason to believe that
23an eligible adult, who because of a disability or other
24condition or impairment is unable to seek assistance for
25himself or herself, has, within the previous 12 months, been

 

 

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1subjected to abuse, abandonment, neglect, or financial
2exploitation, the mandated reporter shall, within 24 hours
3after developing such belief, report this suspicion to an
4agency designated to receive such reports under this Act or to
5the Department. The agency designated to receive such reports
6under this Act or the Department may establish a manner in
7which a mandated reporter can make the required report through
8an Internet reporting tool. Information sent and received
9through the Internet reporting tool is subject to the same
10rules in this Act as other types of confidential reporting
11established by the designated agency or the Department.
12Whenever a mandated reporter is required to report under this
13Act in his or her capacity as a member of the staff of a
14medical or other public or private institution, facility, or
15agency, he or she shall make a report to an agency designated
16to receive such reports under this Act or to the Department in
17accordance with the provisions of this Act and may also notify
18the person in charge of the institution, facility, or agency
19or his or her designated agent that the report has been made.
20Under no circumstances shall any person in charge of such
21institution, facility, or agency, or his or her designated
22agent to whom the notification has been made, exercise any
23control, restraint, modification, or other change in the
24report or the forwarding of the report to an agency designated
25to receive such reports under this Act or to the Department.
26The privileged quality of communication between any

 

 

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1professional person required to report and his or her patient
2or client shall not apply to situations involving abused,
3abandoned, neglected, or financially exploited eligible adults
4and shall not constitute grounds for failure to report as
5required by this Act.
6    (a-6) If a mandated reporter has reason to believe that
7the death of an eligible adult may be the result of abuse,
8abandonment, or neglect, the matter shall be reported to an
9agency designated to receive such reports under this Act or to
10the Department for subsequent referral to the appropriate law
11enforcement agency and the coroner or medical examiner in
12accordance with subsection (c-5) of Section 3.
13    (a-7) A person making a report under this Act in the belief
14that it is in the alleged victim's best interest shall be
15immune from criminal or civil liability or professional
16disciplinary action on account of making the report,
17notwithstanding any requirements concerning the
18confidentiality of information with respect to such eligible
19adult which might otherwise be applicable.
20    (a-9) Law enforcement officers shall continue to report
21incidents of alleged abuse pursuant to the Illinois Domestic
22Violence Act of 1986, notwithstanding any requirements under
23this Act.
24    (b) Any person, institution or agency participating in the
25making of a report, providing information or records related
26to a report, assessment, or services, or participating in the

 

 

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1investigation of a report under this Act in good faith, or
2taking photographs or x-rays as a result of an authorized
3assessment, shall have immunity from any civil, criminal or
4other liability in any civil, criminal or other proceeding
5brought in consequence of making such report or assessment or
6on account of submitting or otherwise disclosing such
7photographs or x-rays to any agency designated to receive
8reports of alleged or suspected abuse, abandonment, or
9neglect. Any person, institution or agency authorized by the
10Department to provide assessment, intervention, or
11administrative services under this Act shall, in the good
12faith performance of those services, have immunity from any
13civil, criminal or other liability in any civil, criminal, or
14other proceeding brought as a consequence of the performance
15of those services. For the purposes of any civil, criminal, or
16other proceeding, the good faith of any person required to
17report, permitted to report, or participating in an
18investigation of a report of alleged or suspected abuse,
19abandonment, neglect, financial exploitation, or self-neglect
20shall be presumed.
21    (c) The identity of a person making a report of alleged or
22suspected abuse, abandonment, neglect, financial exploitation,
23or self-neglect or a report concerning information about the
24suspicious death of an eligible adult under this Act may be
25disclosed by the Department or other agency provided for in
26this Act only with such person's written consent or by court

 

 

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1order, but is otherwise confidential.
2    (d) The Department shall by rule establish a system for
3filing and compiling reports made under this Act.
4    (e) Any physician who willfully fails to report as
5required by this Act shall be referred to the Illinois State
6Medical Disciplinary Board for action in accordance with
7subdivision (A)(22) of Section 22 of the Medical Practice Act
8of 1987. Any dentist or dental hygienist who willfully fails
9to report as required by this Act shall be referred to the
10Department of Professional Regulation for action in accordance
11with paragraph 19 of Section 23 of the Illinois Dental
12Practice Act. Any optometrist who willfully fails to report as
13required by this Act shall be referred to the Department of
14Financial and Professional Regulation for action in accordance
15with paragraph (15) of subsection (a) of Section 24 of the
16Illinois Optometric Practice Act of 1987. Any other mandated
17reporter required by this Act to report suspected abuse,
18abandonment, neglect, or financial exploitation who willfully
19fails to report the same is guilty of a Class A misdemeanor.
20(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
2198-1039, eff. 8-25-14.)
 
22    (320 ILCS 20/4.1)
23    Sec. 4.1. Employer discrimination. No employer shall
24discharge, demote or suspend, or threaten to discharge, demote
25or suspend, or in any manner discriminate against any

 

 

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1employee: (i) who makes any good faith oral or written report
2of suspected abuse, abandonment, neglect, or financial
3exploitation; (ii) who makes any good faith oral or written
4report concerning information about the suspicious death of an
5eligible adult; or (iii) who is or will be a witness or testify
6in any investigation or proceeding concerning a report of
7suspected abuse, abandonment, neglect, or financial
8exploitation.
9(Source: P.A. 98-49, eff. 7-1-13.)
 
10    (320 ILCS 20/4.2)
11    Sec. 4.2. Testimony by mandated reporter and investigator.
12Any mandated reporter who makes a report or any person who
13investigates a report under this Act shall testify fully in
14any judicial proceeding resulting from such report, as to any
15evidence of abuse, abandonment, neglect, or financial
16exploitation or the cause thereof. Any mandated reporter who
17is required to report a suspected case of or a suspicious death
18due to abuse, abandonment, neglect, or financial exploitation
19under Section 4 of this Act shall testify fully in any
20administrative hearing resulting from such report, as to any
21evidence of abuse, abandonment, neglect, or financial
22exploitation or the cause thereof. No evidence shall be
23excluded by reason of any common law or statutory privilege
24relating to communications between the alleged abuser or the
25eligible adult subject of the report under this Act and the

 

 

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1person making or investigating the report.
2(Source: P.A. 90-628, eff. 1-1-99.)
 
3    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
4    Sec. 5. Procedure.
5    (a) A provider agency designated to receive reports of
6alleged or suspected abuse, abandonment, neglect, financial
7exploitation, or self-neglect under this Act shall, upon
8receiving such a report, conduct a face-to-face assessment
9with respect to such report, in accord with established law
10and Department protocols, procedures, and policies.
11Face-to-face assessments, casework, and follow-up of reports
12of self-neglect by the provider agencies designated to receive
13reports of self-neglect shall be subject to sufficient
14appropriation for statewide implementation of assessments,
15casework, and follow-up of reports of self-neglect. In the
16absence of sufficient appropriation for statewide
17implementation of assessments, casework, and follow-up of
18reports of self-neglect, the designated adult protective
19services provider agency shall refer all reports of
20self-neglect to the appropriate agency or agencies as
21designated by the Department for any follow-up. The assessment
22shall include, but not be limited to, a visit to the residence
23of the eligible adult who is the subject of the report and
24shall include interviews or consultations regarding the
25allegations with service agencies, immediate family members,

 

 

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1and individuals who may have knowledge of the eligible adult's
2circumstances based on the consent of the eligible adult in
3all instances, except where the provider agency is acting in
4the best interest of an eligible adult who is unable to seek
5assistance for himself or herself and where there are
6allegations against a caregiver who has assumed
7responsibilities in exchange for compensation. If, after the
8assessment, the provider agency determines that the case is
9substantiated it shall develop a service care plan for the
10eligible adult and may report its findings at any time during
11the case to the appropriate law enforcement agency in accord
12with established law and Department protocols, procedures, and
13policies. In developing a case plan, the provider agency may
14consult with any other appropriate provider of services, and
15such providers shall be immune from civil or criminal
16liability on account of such acts. The plan shall include
17alternative suggested or recommended services which are
18appropriate to the needs of the eligible adult and which
19involve the least restriction of the eligible adult's
20activities commensurate with his or her needs. Only those
21services to which consent is provided in accordance with
22Section 9 of this Act shall be provided, contingent upon the
23availability of such services.
24    (b) A provider agency shall refer evidence of crimes
25against an eligible adult to the appropriate law enforcement
26agency according to Department policies. A referral to law

 

 

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1enforcement may be made at intake, at or any time during the
2case, or after a report of a suspicious death, depending upon
3the circumstances. Where a provider agency has reason to
4believe the death of an eligible adult may be the result of
5abuse, abandonment, or neglect, the agency shall immediately
6report the matter to the coroner or medical examiner and shall
7cooperate fully with any subsequent investigation.
8    (c) If any person other than the alleged victim refuses to
9allow the provider agency to begin an investigation,
10interferes with the provider agency's ability to conduct an
11investigation, or refuses to give access to an eligible adult,
12the appropriate law enforcement agency must be consulted
13regarding the investigation.
14(Source: P.A. 101-496, eff. 1-1-20.)
 
15    (320 ILCS 20/7.1)
16    Sec. 7.1. Final investigative report. A provider agency
17shall prepare a final investigative report, upon the
18completion or closure of an investigation, in all cases of
19reported abuse, abandonment, neglect, financial exploitation,
20or self-neglect of an eligible adult, whether or not there is a
21substantiated finding.
22(Source: P.A. 98-49, eff. 7-1-13.)
 
23    (320 ILCS 20/7.5)
24    Sec. 7.5. Registry.

 

 

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1    (a) To protect individuals receiving in-home and
2community-based services, the Department on Aging shall
3establish an Adult Protective Service Registry that will be
4hosted by the Department of Public Health on its website
5effective January 1, 2015, and, if practicable, shall propose
6rules for the Registry by January 1, 2015.
7    (a-5) The Registry shall identify caregivers against whom
8a verified and substantiated finding was made under this Act
9of abuse, abandonment, neglect, or financial exploitation.
10    The information in the Registry shall be confidential
11except as specifically authorized in this Act and shall not be
12deemed a public record.
13    (a-10) Reporting to the Registry. The Department on Aging
14shall report to the Registry the identity of the caregiver
15when a verified and substantiated finding of abuse,
16abandonment, neglect, or financial exploitation of an eligible
17adult under this Act is made against a caregiver, and all
18appeals, challenges, and reviews, if any, have been completed
19and a finding for placement on the Registry has been sustained
20or upheld.
21    A finding against a caregiver that is placed in the
22Registry shall preclude that caregiver from providing direct
23care, as defined in this Section, in a position with or that is
24regulated by or paid with public funds from the Department on
25Aging, the Department of Healthcare and Family Services, the
26Department of Human Services, or the Department of Public

 

 

SB1919- 30 -LRB102 17284 KTG 22761 b

1Health or with an entity or provider licensed, certified, or
2regulated by or paid with public funds from any of these State
3agencies.
4    (b) Definitions. As used in this Section:
5    "Direct care" includes, but is not limited to, direct
6access to a person aged 60 or older or to an adult with
7disabilities aged 18 through 59, his or her living quarters,
8or his or her personal, financial, or medical records for the
9purpose of providing nursing care or assistance with feeding,
10dressing, movement, bathing, toileting, other personal needs
11and activities of daily living or instrumental activities of
12daily living, or assistance with financial transactions.
13    "Participant" means an individual who uses the services of
14an in-home care program funded through the Department on
15Aging, the Department of Healthcare and Family Services, the
16Department of Human Services, or the Department of Public
17Health.
18    (c) Access to and use of the Registry. Access to the
19Registry shall be limited to the Department on Aging, the
20Department of Healthcare and Family Services, the Department
21of Human Services, and the Department of Public Health and
22providers of direct care as described in subsection (a-10) of
23this Section. These State agencies and providers shall not
24hire, compensate either directly or on behalf of a
25participant, or utilize the services of any person seeking to
26provide direct care without first conducting an online check

 

 

SB1919- 31 -LRB102 17284 KTG 22761 b

1of whether the person has been placed on the Registry. These
2State agencies and providers shall maintain a copy of the
3results of the online check to demonstrate compliance with
4this requirement. These State agencies and providers are
5prohibited from retaining, hiring, compensating either
6directly or on behalf of a participant, or utilizing the
7services of a person to provide direct care if the online check
8of the person reveals a verified and substantiated finding of
9abuse, abandonment, neglect, or financial exploitation that
10has been placed on the Registry or when the State agencies or
11providers otherwise gain knowledge of such placement on the
12Registry. Failure to comply with this requirement may subject
13such a provider to corrective action by the appropriate
14regulatory agency or other lawful remedies provided under the
15applicable licensure, certification, or regulatory laws and
16rules.
17    (d) Notice to caregiver. The Department on Aging shall
18establish rules concerning notice to the caregiver in cases of
19a verified and substantiated finding of abuse, abandonment,
20neglect, or financial exploitation against him or her that may
21make him or her eligible for placement on the Registry.
22    (e) Notification to eligible adults, guardians, or agents.
23As part of its investigation, the Department on Aging shall
24notify an eligible adult, or an eligible adult's guardian or
25agent, that his or her caregiver's name may be placed on the
26Registry based on a finding as described in subsection (a-10)

 

 

SB1919- 32 -LRB102 17284 KTG 22761 b

1of this Section.
2    (f) Notification to employer. The Department on Aging
3shall notify the appropriate State agency or provider of
4direct care, as described in subsection (a-10), when there is
5a verified and substantiated finding of abuse, abandonment,
6neglect, or financial exploitation in a case under this Act
7that is reported on the Registry and that involves one of its
8caregivers. That State agency or provider is prohibited from
9retaining or compensating that individual in a position that
10involves direct care, and if there is an imminent risk of
11danger to the victim or an imminent risk of misuse of personal,
12medical, or financial information, that caregiver shall
13immediately be barred from providing direct care to the victim
14pending the outcome of any challenge, appeal, criminal
15prosecution, or other type of collateral action.
16    (g) Challenges and appeals. The Department on Aging shall
17establish, by rule, procedures concerning challenges and
18appeals to placement on the Registry pursuant to legislative
19intent. The Department shall not make any report to the
20Registry pending challenges or appeals.
21    (h) Caregiver's rights to collateral action. The
22Department on Aging shall not make any report to the Registry
23if a caregiver notifies the Department in writing that he or
24she is formally challenging an adverse employment action
25resulting from a verified and substantiated finding of abuse,
26abandonment, neglect, or financial exploitation by complaint

 

 

SB1919- 33 -LRB102 17284 KTG 22761 b

1filed with the Illinois Civil Service Commission, or by
2another means which seeks to enforce the caregiver's rights
3pursuant to any applicable collective bargaining agreement. If
4an action taken by an employer against a caregiver as a result
5of such a finding is overturned through an action filed with
6the Illinois Civil Service Commission or under any applicable
7collective bargaining agreement after that caregiver's name
8has already been sent to the Registry, the caregiver's name
9shall be removed from the Registry.
10    (i) Removal from Registry. At any time after a report to
11the Registry, but no more than once in each successive 3-year
12period thereafter, for a maximum of 3 such requests, a
13caregiver may request removal of his or her name from the
14Registry in relationship to a single incident. The caregiver
15shall bear the burden of establishing, by a preponderance of
16the evidence, that removal of his or her name from the Registry
17is in the public interest. Upon receiving such a request, the
18Department on Aging shall conduct an investigation and
19consider any evidentiary material provided. The Department
20shall issue a decision either granting or denying removal to
21the caregiver and report it to the Registry. The Department
22shall, by rule, establish standards and a process for
23requesting the removal of a name from the Registry.
24    (j) Referral of Registry reports to health care
25facilities. In the event an eligible adult receiving services
26from a provider agency changes his or her residence from a

 

 

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1domestic living situation to that of a health care or long term
2care facility, the provider agency shall use reasonable
3efforts to promptly inform the facility and the appropriate
4Regional Long Term Care Ombudsman about any Registry reports
5relating to the eligible adult. For purposes of this Section,
6a health care or long term care facility includes, but is not
7limited to, any residential facility licensed, certified, or
8regulated by the Department of Public Health, Healthcare and
9Family Services, or Human Services.
10    (k) The Department on Aging and its employees and agents
11shall have immunity, except for intentional willful and wanton
12misconduct, from any liability, civil, criminal, or otherwise,
13for reporting information to and maintaining the Registry.
14(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;
1598-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
16    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
17    Sec. 8. Access to records. All records concerning reports
18of abuse, abandonment, neglect, financial exploitation, or
19self-neglect or reports of suspicious deaths due to abuse,
20abandonment, neglect, financial exploitation, or self-neglect
21and all records generated as a result of such reports shall be
22confidential and shall not be disclosed except as specifically
23authorized by this Act or other applicable law. In accord with
24established law and Department protocols, procedures, and
25policies, access to such records, but not access to the

 

 

SB1919- 35 -LRB102 17284 KTG 22761 b

1identity of the person or persons making a report of alleged
2abuse, abandonment, neglect, financial exploitation, or
3self-neglect as contained in such records, shall be provided,
4upon request, to the following persons and for the following
5persons:
6        (1) Department staff, provider agency staff, other
7    aging network staff, and regional administrative agency
8    staff, including staff of the Chicago Department on Aging
9    while that agency is designated as a regional
10    administrative agency, in the furtherance of their
11    responsibilities under this Act;
12        (1.5) A representative of the public guardian acting
13    in the course of investigating the appropriateness of
14    guardianship for the eligible adult or while pursuing a
15    petition for guardianship of the eligible adult pursuant
16    to the Probate Act of 1975;
17        (2) A law enforcement agency or State's Attorney's
18    office investigating known or suspected abuse,
19    abandonment, neglect, financial exploitation, or
20    self-neglect. Where a provider agency has reason to
21    believe that the death of an eligible adult may be the
22    result of abuse, abandonment, or neglect, including any
23    reports made after death, the agency shall immediately
24    provide the appropriate law enforcement agency with all
25    records pertaining to the eligible adult;
26        (2.5) A law enforcement agency, fire department

 

 

SB1919- 36 -LRB102 17284 KTG 22761 b

1    agency, or fire protection district having proper
2    jurisdiction pursuant to a written agreement between a
3    provider agency and the law enforcement agency, fire
4    department agency, or fire protection district under which
5    the provider agency may furnish to the law enforcement
6    agency, fire department agency, or fire protection
7    district a list of all eligible adults who may be at
8    imminent risk of abuse, abandonment, neglect, financial
9    exploitation, or self-neglect;
10        (3) A physician who has before him or her or who is
11    involved in the treatment of an eligible adult whom he or
12    she reasonably suspects may be abused, abandoned,
13    neglected, financially exploited, or self-neglected or who
14    has been referred to the Adult Protective Services
15    Program;
16        (4) An eligible adult reported to be abused,
17    abandoned, neglected, financially exploited, or
18    self-neglected, or such adult's authorized guardian or
19    agent, unless such guardian or agent is the abuser or the
20    alleged abuser;
21        (4.5) An executor or administrator of the estate of an
22    eligible adult who is deceased;
23        (5) In cases regarding abuse, abandonment, neglect, or
24    financial exploitation, a court or a guardian ad litem,
25    upon its or his or her finding that access to such records
26    may be necessary for the determination of an issue before

 

 

SB1919- 37 -LRB102 17284 KTG 22761 b

1    the court. However, such access shall be limited to an in
2    camera inspection of the records, unless the court
3    determines that disclosure of the information contained
4    therein is necessary for the resolution of an issue then
5    pending before it;
6        (5.5) In cases regarding self-neglect, a guardian ad
7    litem;
8        (6) A grand jury, upon its determination that access
9    to such records is necessary in the conduct of its
10    official business;
11        (7) Any person authorized by the Director, in writing,
12    for audit or bona fide research purposes;
13        (8) A coroner or medical examiner who has reason to
14    believe that an eligible adult has died as the result of
15    abuse, abandonment, neglect, financial exploitation, or
16    self-neglect. The provider agency shall immediately
17    provide the coroner or medical examiner with all records
18    pertaining to the eligible adult;
19        (8.5) A coroner or medical examiner having proper
20    jurisdiction, pursuant to a written agreement between a
21    provider agency and the coroner or medical examiner, under
22    which the provider agency may furnish to the office of the
23    coroner or medical examiner a list of all eligible adults
24    who may be at imminent risk of death as a result of abuse,
25    abandonment, neglect, financial exploitation, or
26    self-neglect;

 

 

SB1919- 38 -LRB102 17284 KTG 22761 b

1        (9) Department of Financial and Professional
2    Regulation staff and members of the Illinois Medical
3    Disciplinary Board or the Social Work Examining and
4    Disciplinary Board in the course of investigating alleged
5    violations of the Clinical Social Work and Social Work
6    Practice Act by provider agency staff or other licensing
7    bodies at the discretion of the Director of the Department
8    on Aging;
9        (9-a) Department of Healthcare and Family Services
10    staff and provider agency staff when that Department is
11    funding services to the eligible adult, including access
12    to the identity of the eligible adult;
13        (9-b) Department of Human Services staff and provider
14    agency staff when that Department is funding services to
15    the eligible adult or is providing reimbursement for
16    services provided by the abuser or alleged abuser,
17    including access to the identity of the eligible adult;
18        (10) Hearing officers in the course of conducting an
19    administrative hearing under this Act; parties to such
20    hearing shall be entitled to discovery as established by
21    rule;
22        (11) A caregiver who challenges placement on the
23    Registry shall be given the statement of allegations in
24    the abuse report and the substantiation decision in the
25    final investigative report; and
26        (12) The Illinois Guardianship and Advocacy Commission

 

 

SB1919- 39 -LRB102 17284 KTG 22761 b

1    and the agency designated by the Governor under Section 1
2    of the Protection and Advocacy for Persons with
3    Developmental Disabilities Act shall have access, through
4    the Department, to records, including the findings,
5    pertaining to a completed or closed investigation of a
6    report of suspected abuse, abandonment, neglect, financial
7    exploitation, or self-neglect of an eligible adult.
8(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
999-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
107-15-16; 99-642, eff. 7-28-16.)
 
11    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
12    Sec. 9. Authority to consent to services.
13    (a) If an eligible adult consents to an assessment of a
14reported incident of suspected abuse, abandonment, neglect,
15financial exploitation, or self-neglect and, following the
16assessment of such report, consents to services being provided
17according to the case plan, such services shall be arranged to
18meet the adult's needs, based upon the availability of
19resources to provide such services. If an adult withdraws his
20or her consent for an assessment of the reported incident or
21withdraws his or her consent for services and refuses to
22accept such services, the services shall not be provided.
23    (b) If it reasonably appears to the Department or other
24agency designated under this Act that a person is an eligible
25adult and lacks the capacity to consent to an assessment of a

 

 

SB1919- 40 -LRB102 17284 KTG 22761 b

1reported incident of suspected abuse, abandonment, neglect,
2financial exploitation, or self-neglect or to necessary
3services, the Department or other agency shall take
4appropriate action necessary to ameliorate risk to the
5eligible adult if there is a threat of ongoing harm or another
6emergency exists. The Department or other agency shall be
7authorized to seek the appointment of a temporary guardian as
8provided in Article XIa of the Probate Act of 1975 for the
9purpose of consenting to an assessment of the reported
10incident and such services, together with an order for an
11evaluation of the eligible adult's physical, psychological,
12and medical condition and decisional capacity.
13    (c) A guardian of the person of an eligible adult may
14consent to an assessment of the reported incident and to
15services being provided according to the case plan. If an
16eligible adult lacks capacity to consent, an agent having
17authority under a power of attorney may consent to an
18assessment of the reported incident and to services. If the
19guardian or agent is the suspected abuser and he or she
20withdraws consent for the assessment of the reported incident,
21or refuses to allow services to be provided to the eligible
22adult, the Department, an agency designated under this Act, or
23the office of the Attorney General may request a court order
24seeking appropriate remedies, and may in addition request
25removal of the guardian and appointment of a successor
26guardian or request removal of the agent and appointment of a

 

 

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1guardian.
2    (d) If an emergency exists and the Department or other
3agency designated under this Act reasonably believes that a
4person is an eligible adult and lacks the capacity to consent
5to necessary services, the Department or other agency may
6request an ex parte order from the circuit court of the county
7in which the petitioner or respondent resides or in which the
8alleged abuse, abandonment, neglect, financial exploitation,
9or self-neglect occurred, authorizing an assessment of a
10report of alleged or suspected abuse, abandonment, neglect,
11financial exploitation, or self-neglect or the provision of
12necessary services, or both, including relief available under
13the Illinois Domestic Violence Act of 1986 in accord with
14established law and Department protocols, procedures, and
15policies. Petitions filed under this subsection shall be
16treated as expedited proceedings. When an eligible adult is at
17risk of serious injury or death and it reasonably appears that
18the eligible adult lacks capacity to consent to necessary
19services, the Department or other agency designated under this
20Act may take action necessary to ameliorate the risk in
21accordance with administrative rules promulgated by the
22Department.
23    (d-5) For purposes of this Section, an eligible adult
24"lacks the capacity to consent" if qualified staff of an
25agency designated under this Act reasonably determine, in
26accordance with administrative rules promulgated by the

 

 

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1Department, that he or she appears either (i) unable to
2receive and evaluate information related to the assessment or
3services or (ii) unable to communicate in any manner decisions
4related to the assessment of the reported incident or
5services.
6    (e) Within 15 days after the entry of the ex parte
7emergency order, the order shall expire, or, if the need for
8assessment of the reported incident or services continues, the
9provider agency shall petition for the appointment of a
10guardian as provided in Article XIa of the Probate Act of 1975
11for the purpose of consenting to such assessment or services
12or to protect the eligible adult from further harm.
13    (f) If the court enters an ex parte order under subsection
14(d) for an assessment of a reported incident of alleged or
15suspected abuse, abandonment, neglect, financial exploitation,
16or self-neglect, or for the provision of necessary services in
17connection with alleged or suspected self-neglect, or for
18both, the court, as soon as is practicable thereafter, shall
19appoint a guardian ad litem for the eligible adult who is the
20subject of the order, for the purpose of reviewing the
21reasonableness of the order. The guardian ad litem shall
22review the order and, if the guardian ad litem reasonably
23believes that the order is unreasonable, the guardian ad litem
24shall file a petition with the court stating the guardian ad
25litem's belief and requesting that the order be vacated.
26    (g) In all cases in which there is a substantiated finding

 

 

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1of abuse, abandonment, neglect, or financial exploitation by a
2guardian, the Department shall, within 30 days after the
3finding, notify the Probate Court with jurisdiction over the
4guardianship.
5(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
6    (320 ILCS 20/13)
7    Sec. 13. Access.
8    (a) In accord with established law and Department
9protocols, procedures, and policies, the designated provider
10agencies shall have access to eligible adults who have been
11reported or found to be victims of abuse, abandonment,
12neglect, financial exploitation, or self-neglect in order to
13assess the validity of the report, assess other needs of the
14eligible adult, and provide services in accordance with this
15Act.
16    (a-5) A representative of the Department or a designated
17provider agency that is actively involved in an abuse,
18abandonment, neglect, financial exploitation, or self-neglect
19investigation under this Act shall be allowed access to the
20financial records, mental and physical health records, and
21other relevant evaluative records of the eligible adult which
22are in the possession of any individual, financial
23institution, health care provider, mental health provider,
24educational facility, or other facility if necessary to
25complete the investigation mandated by this Act. The provider

 

 

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1or facility shall provide such records to the representative
2upon receipt of a written request and certification from the
3Department or designated provider agency that an investigation
4is being conducted under this Act and the records are
5pertinent to the investigation.
6    Any records received by such representative, the
7confidentiality of which is protected by another law or rule,
8shall be maintained as confidential, except for such use as
9may be necessary for any administrative or other legal
10proceeding.
11    (b) Where access to an eligible adult is denied, including
12the refusal to provide requested records, the Office of the
13Attorney General, the Department, or the provider agency may
14petition the court for an order to require appropriate access
15where:
16        (1) a caregiver or third party has interfered with the
17    assessment or service plan, or
18        (2) the agency has reason to believe that the eligible
19    adult is denying access because of coercion, extortion, or
20    justifiable fear of future abuse, abandonment, neglect, or
21    financial exploitation.
22    (c) The petition for an order requiring appropriate access
23shall be afforded an expedited hearing in the circuit court.
24    (d) If the provider agency has substantiated financial
25exploitation against an eligible adult, and has documented a
26reasonable belief that the eligible adult will be irreparably

 

 

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1harmed as a result of the financial exploitation, the Office
2of the Attorney General, the Department, or the provider
3agency may petition for an order freezing the assets of the
4eligible adult. The petition shall be filed in the county or
5counties in which the assets are located. The court's order
6shall prohibit the sale, gifting, transfer, or wasting of the
7assets of the eligible adult, both real and personal, owned
8by, or vested in, the eligible adult, without the express
9permission of the court. The petition to freeze the assets of
10the eligible adult shall be afforded an expedited hearing in
11the circuit court.
12(Source: P.A. 98-1039, eff. 8-25-14.)
 
13    (320 ILCS 20/15)
14    Sec. 15. Fatality review teams.
15    (a) State policy.
16        (1) Both the State and the community maintain a
17    commitment to preventing the abuse, abandonment, neglect,
18    and financial exploitation of at-risk adults. This
19    includes a charge to bring perpetrators of crimes against
20    at-risk adults to justice and prevent untimely deaths in
21    the community.
22        (2) When an at-risk adult dies, the response to the
23    death by the community, law enforcement, and the State
24    must include an accurate and complete determination of the
25    cause of death, and the development and implementation of

 

 

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1    measures to prevent future deaths from similar causes.
2        (3) Multidisciplinary and multi-agency reviews of
3    deaths can assist the State and counties in developing a
4    greater understanding of the incidence and causes of
5    premature deaths and the methods for preventing those
6    deaths, improving methods for investigating deaths, and
7    identifying gaps in services to at-risk adults.
8        (4) Access to information regarding the deceased
9    person and his or her family by multidisciplinary and
10    multi-agency fatality review teams is necessary in order
11    to fulfill their purposes and duties.
12    (a-5) Definitions. As used in this Section:
13        "Advisory Council" means the Illinois Fatality Review
14    Team Advisory Council.
15        "Review Team" means a regional interagency fatality
16    review team.
17    (b) The Director, in consultation with the Advisory
18Council, law enforcement, and other professionals who work in
19the fields of investigating, treating, or preventing abuse,
20abandonment, or neglect of at-risk adults, shall appoint
21members to a minimum of one review team in each of the
22Department's planning and service areas. Each member of a
23review team shall be appointed for a 2-year term and shall be
24eligible for reappointment upon the expiration of the term. A
25review team's purpose in conducting review of at-risk adult
26deaths is: (i) to assist local agencies in identifying and

 

 

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1reviewing suspicious deaths of adult victims of alleged,
2suspected, or substantiated abuse, abandonment, or neglect in
3domestic living situations; (ii) to facilitate communications
4between officials responsible for autopsies and inquests and
5persons involved in reporting or investigating alleged or
6suspected cases of abuse, abandonment, neglect, or financial
7exploitation of at-risk adults and persons involved in
8providing services to at-risk adults; (iii) to evaluate means
9by which the death might have been prevented; and (iv) to
10report its findings to the appropriate agencies and the
11Advisory Council and make recommendations that may help to
12reduce the number of at-risk adult deaths caused by abuse,
13abandonment, and neglect and that may help to improve the
14investigations of deaths of at-risk adults and increase
15prosecutions, if appropriate.
16    (b-5) Each such team shall be composed of representatives
17of entities and individuals including, but not limited to:
18        (1) the Department on Aging;
19        (2) coroners or medical examiners (or both);
20        (3) State's Attorneys;
21        (4) local police departments;
22        (5) forensic units;
23        (6) local health departments;
24        (7) a social service or health care agency that
25    provides services to persons with mental illness, in a
26    program whose accreditation to provide such services is

 

 

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1    recognized by the Division of Mental Health within the
2    Department of Human Services;
3        (8) a social service or health care agency that
4    provides services to persons with developmental
5    disabilities, in a program whose accreditation to provide
6    such services is recognized by the Division of
7    Developmental Disabilities within the Department of Human
8    Services;
9        (9) a local hospital, trauma center, or provider of
10    emergency medicine;
11        (10) providers of services for eligible adults in
12    domestic living situations; and
13        (11) a physician, psychiatrist, or other health care
14    provider knowledgeable about abuse, abandonment, and
15    neglect of at-risk adults.
16    (c) A review team shall review cases of deaths of at-risk
17adults occurring in its planning and service area (i)
18involving blunt force trauma or an undetermined manner or
19suspicious cause of death; (ii) if requested by the deceased's
20attending physician or an emergency room physician; (iii) upon
21referral by a health care provider; (iv) upon referral by a
22coroner or medical examiner; (v) constituting an open or
23closed case from an adult protective services agency, law
24enforcement agency, State's Attorney's office, or the
25Department of Human Services' Office of the Inspector General
26that involves alleged or suspected abuse, abandonment,

 

 

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1neglect, or financial exploitation; or (vi) upon referral by a
2law enforcement agency or State's Attorney's office. If such a
3death occurs in a planning and service area where a review team
4has not yet been established, the Director shall request that
5the Advisory Council or another review team review that death.
6A team may also review deaths of at-risk adults if the alleged
7abuse, abandonment, or neglect occurred while the person was
8residing in a domestic living situation.
9    A review team shall meet not less than 4 times a year to
10discuss cases for its possible review. Each review team, with
11the advice and consent of the Department, shall establish
12criteria to be used in discussing cases of alleged, suspected,
13or substantiated abuse, abandonment, or neglect for review and
14shall conduct its activities in accordance with any applicable
15policies and procedures established by the Department.
16    (c-5) The Illinois Fatality Review Team Advisory Council,
17consisting of one member from each review team in Illinois,
18shall be the coordinating and oversight body for review teams
19and activities in Illinois. The Director may appoint to the
20Advisory Council any ex-officio members deemed necessary.
21Persons with expertise needed by the Advisory Council may be
22invited to meetings. The Advisory Council must select from its
23members a chairperson and a vice-chairperson, each to serve a
242-year term. The chairperson or vice-chairperson may be
25selected to serve additional, subsequent terms. The Advisory
26Council must meet at least 4 times during each calendar year.

 

 

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1    The Department may provide or arrange for the staff
2support necessary for the Advisory Council to carry out its
3duties. The Director, in cooperation and consultation with the
4Advisory Council, shall appoint, reappoint, and remove review
5team members.
6    The Advisory Council has, but is not limited to, the
7following duties:
8        (1) To serve as the voice of review teams in Illinois.
9        (2) To oversee the review teams in order to ensure
10    that the review teams' work is coordinated and in
11    compliance with State statutes and the operating protocol.
12        (3) To ensure that the data, results, findings, and
13    recommendations of the review teams are adequately used in
14    a timely manner to make any necessary changes to the
15    policies, procedures, and State statutes in order to
16    protect at-risk adults.
17        (4) To collaborate with the Department in order to
18    develop any legislation needed to prevent unnecessary
19    deaths of at-risk adults.
20        (5) To ensure that the review teams' review processes
21    are standardized in order to convey data, findings, and
22    recommendations in a usable format.
23        (6) To serve as a link with review teams throughout
24    the country and to participate in national review team
25    activities.
26        (7) To provide the review teams with the most current

 

 

SB1919- 51 -LRB102 17284 KTG 22761 b

1    information and practices concerning at-risk adult death
2    review and related topics.
3        (8) To perform any other functions necessary to
4    enhance the capability of the review teams to reduce and
5    prevent at-risk adult fatalities.
6    The Advisory Council may prepare an annual report, in
7consultation with the Department, using aggregate data
8gathered by review teams and using the review teams'
9recommendations to develop education, prevention, prosecution,
10or other strategies designed to improve the coordination of
11services for at-risk adults and their families.
12    In any instance where a review team does not operate in
13accordance with established protocol, the Director, in
14consultation and cooperation with the Advisory Council, must
15take any necessary actions to bring the review team into
16compliance with the protocol.
17    (d) Any document or oral or written communication shared
18within or produced by the review team relating to a case
19discussed or reviewed by the review team is confidential and
20is not admissible as evidence in any civil or criminal
21proceeding, except for use by a State's Attorney's office in
22prosecuting a criminal case against a caregiver. Those records
23and information are, however, subject to discovery or
24subpoena, and are admissible as evidence, to the extent they
25are otherwise available to the public.
26    Any document or oral or written communication provided to

 

 

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1a review team by an individual or entity, and created by that
2individual or entity solely for the use of the review team, is
3confidential, is not subject to disclosure to or discoverable
4by another party, and is not admissible as evidence in any
5civil or criminal proceeding, except for use by a State's
6Attorney's office in prosecuting a criminal case against a
7caregiver. Those records and information are, however, subject
8to discovery or subpoena, and are admissible as evidence, to
9the extent they are otherwise available to the public.
10    Each entity or individual represented on the fatality
11review team may share with other members of the team
12information in the entity's or individual's possession
13concerning the decedent who is the subject of the review or
14concerning any person who was in contact with the decedent, as
15well as any other information deemed by the entity or
16individual to be pertinent to the review. Any such information
17shared by an entity or individual with other members of the
18review team is confidential. The intent of this paragraph is
19to permit the disclosure to members of the review team of any
20information deemed confidential or privileged or prohibited
21from disclosure by any other provision of law. Release of
22confidential communication between domestic violence advocates
23and a domestic violence victim shall follow subsection (d) of
24Section 227 of the Illinois Domestic Violence Act of 1986
25which allows for the waiver of privilege afforded to
26guardians, executors, or administrators of the estate of the

 

 

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1domestic violence victim. This provision relating to the
2release of confidential communication between domestic
3violence advocates and a domestic violence victim shall
4exclude adult protective service providers.
5    A coroner's or medical examiner's office may share with
6the review team medical records that have been made available
7to the coroner's or medical examiner's office in connection
8with that office's investigation of a death.
9    Members of a review team and the Advisory Council are not
10subject to examination, in any civil or criminal proceeding,
11concerning information presented to members of the review team
12or the Advisory Council or opinions formed by members of the
13review team or the Advisory Council based on that information.
14A person may, however, be examined concerning information
15provided to a review team or the Advisory Council.
16    (d-5) Meetings of the review teams and the Advisory
17Council may be closed to the public under the Open Meetings
18Act. Records and information provided to a review team and the
19Advisory Council, and records maintained by a team or the
20Advisory Council, are exempt from release under the Freedom of
21Information Act.
22    (e) A review team's recommendation in relation to a case
23discussed or reviewed by the review team, including, but not
24limited to, a recommendation concerning an investigation or
25prosecution, may be disclosed by the review team upon the
26completion of its review and at the discretion of a majority of

 

 

SB1919- 54 -LRB102 17284 KTG 22761 b

1its members who reviewed the case.
2    (e-5) The State shall indemnify and hold harmless members
3of a review team and the Advisory Council for all their acts,
4omissions, decisions, or other conduct arising out of the
5scope of their service on the review team or Advisory Council,
6except those involving willful or wanton misconduct. The
7method of providing indemnification shall be as provided in
8the State Employee Indemnification Act.
9    (f) The Department, in consultation with coroners, medical
10examiners, and law enforcement agencies, shall use aggregate
11data gathered by and recommendations from the Advisory Council
12and the review teams to create an annual report and may use
13those data and recommendations to develop education,
14prevention, prosecution, or other strategies designed to
15improve the coordination of services for at-risk adults and
16their families. The Department or other State or county
17agency, in consultation with coroners, medical examiners, and
18law enforcement agencies, also may use aggregate data gathered
19by the review teams to create a database of at-risk
20individuals.
21    (g) The Department shall adopt such rules and regulations
22as it deems necessary to implement this Section.
23(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2499-78, eff. 7-20-15; 99-530, eff. 1-1-17.)
 
25    Section 10. The Criminal Code of 2012 is amended by

 

 

SB1919- 55 -LRB102 17284 KTG 22761 b

1changing Sections 3-5 and 17-56 as follows:
 
2    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
3    Sec. 3-5. General limitations.
4    (a) A prosecution for: (1) first degree murder, attempt to
5commit first degree murder, second degree murder, involuntary
6manslaughter, reckless homicide, a violation of subparagraph
7(F) of paragraph (1) of subsection (d) of Section 11-501 of the
8Illinois Vehicle Code for the offense of aggravated driving
9under the influence of alcohol, other drug or drugs, or
10intoxicating compound or compounds, or any combination thereof
11when the violation was a proximate cause of a death, leaving
12the scene of a motor vehicle accident involving death or
13personal injuries under Section 11-401 of the Illinois Vehicle
14Code, failing to give information and render aid under Section
1511-403 of the Illinois Vehicle Code, concealment of homicidal
16death, treason, arson, residential arson, aggravated arson,
17forgery, child pornography under paragraph (1) of subsection
18(a) of Section 11-20.1, or aggravated child pornography under
19paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
20any offense involving sexual conduct or sexual penetration, as
21defined by Section 11-0.1 of this Code may be commenced at any
22time.
23    (a-5) A prosecution for theft of property exceeding
24$100,000 in value under Section 16-1, identity theft under
25subsection (a) of Section 16-30, aggravated identity theft

 

 

SB1919- 56 -LRB102 17284 KTG 22761 b

1under subsection (b) of Section 16-30, financial exploitation
2of an elderly person or a person with a disability under
3Section 17-56; theft by deception of a victim 60 years of age
4or older or a person with a disability under Section 16-1; or
5any offense set forth in Article 16H or Section 17-10.6 may be
6commenced within 7 years of the last act committed in
7furtherance of the crime.
8    (b) Unless the statute describing the offense provides
9otherwise, or the period of limitation is extended by Section
103-6, a prosecution for any offense not designated in
11subsection (a) or (a-5) must be commenced within 3 years after
12the commission of the offense if it is a felony, or within one
13year and 6 months after its commission if it is a misdemeanor.
14(Source: P.A. 100-149, eff. 1-1-18; 100-863, eff. 8-14-18;
15101-130, eff. 1-1-20.)
 
16    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
17    Sec. 17-56. Financial exploitation of an elderly person or
18a person with a disability.
19    (a) A person commits financial exploitation of an elderly
20person or a person with a disability when he or she stands in a
21position of trust or confidence with the elderly person or a
22person with a disability and he or she knowingly:
23        (1) by deception or intimidation obtains control over
24    the property of an elderly person or a person with a
25    disability; or

 

 

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1        (2) illegally uses the assets or resources of an
2    elderly person or a person with a disability.
3    (b) Sentence. Financial exploitation of an elderly person
4or a person with a disability is: (1) a Class 4 felony if the
5value of the property is $300 or less, (2) a Class 3 felony if
6the value of the property is more than $300 but less than
7$5,000, (3) a Class 2 felony if the value of the property is
8$5,000 or more but less than $50,000, and (4) a Class 1 felony
9if the value of the property is $50,000 or more or if the
10elderly person is over 70 years of age and the value of the
11property is $15,000 or more or if the elderly person is 80
12years of age or older and the value of the property is $5,000
13or more.
14    (c) For purposes of this Section:
15        (1) "Elderly person" means a person 60 years of age or
16    older.
17        (2) "Person with a disability" means a person who
18    suffers from a physical or mental impairment resulting
19    from disease, injury, functional disorder or congenital
20    condition that impairs the individual's mental or physical
21    ability to independently manage his or her property or
22    financial resources, or both.
23        (3) "Intimidation" means the communication to an
24    elderly person or a person with a disability that he or she
25    shall be deprived of food and nutrition, shelter,
26    prescribed medication or medical care and treatment or

 

 

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1    conduct as provided in Section 12-6 of this Code.
2        (4) "Deception" means, in addition to its meaning as
3    defined in Section 15-4 of this Code, a misrepresentation
4    or concealment of material fact relating to the terms of a
5    contract or agreement entered into with the elderly person
6    or person with a disability or to the existing or
7    pre-existing condition of any of the property involved in
8    such contract or agreement; or the use or employment of
9    any misrepresentation, false pretense or false promise in
10    order to induce, encourage or solicit the elderly person
11    or person with a disability to enter into a contract or
12    agreement.
13    The illegal use of the assets or resources of an elderly
14person or a person with a disability includes, but is not
15limited to, the misappropriation of those assets or resources
16by undue influence, breach of a fiduciary relationship, fraud,
17deception, extortion, or use of the assets or resources
18contrary to law.
19    A person stands in a position of trust and confidence with
20an elderly person or person with a disability when he (i) is a
21parent, spouse, adult child or other relative by blood or
22marriage of the elderly person or person with a disability,
23(ii) is a joint tenant or tenant in common with the elderly
24person or person with a disability, (iii) has a legal or
25fiduciary relationship with the elderly person or person with
26a disability, (iv) is a financial planning or investment

 

 

SB1919- 59 -LRB102 17284 KTG 22761 b

1professional, or (v) is a paid or unpaid caregiver for the
2elderly person or person with a disability, or (vi) is a friend
3or acquaintance in a position of trust.
4    (d) Limitations. Nothing in this Section shall be
5construed to limit the remedies available to the victim under
6the Illinois Domestic Violence Act of 1986.
7    (e) Good faith efforts. Nothing in this Section shall be
8construed to impose criminal liability on a person who has
9made a good faith effort to assist the elderly person or person
10with a disability in the management of his or her property, but
11through no fault of his or her own has been unable to provide
12such assistance.
13    (f) Not a defense. It shall not be a defense to financial
14exploitation of an elderly person or person with a disability
15that the accused reasonably believed that the victim was not
16an elderly person or person with a disability. Consent is not a
17defense to financial exploitation of an elderly person or a
18person with a disability if the accused knew or had reason to
19know that the elderly person or a person with a disability
20lacked capacity to consent.
21    (g) Civil Liability. A civil cause of action exists for
22financial exploitation of an elderly person or a person with a
23disability as described in subsection (a) of this Section. A
24person against whom a civil judgment has been entered for
25financial exploitation of an elderly person or person with a
26disability shall be liable to the victim or to the estate of

 

 

SB1919- 60 -LRB102 17284 KTG 22761 b

1the victim in damages of treble the amount of the value of the
2property obtained, plus reasonable attorney fees and court
3costs. In a civil action under this subsection, the burden of
4proof that the defendant committed financial exploitation of
5an elderly person or a person with a disability as described in
6subsection (a) of this Section shall be by a preponderance of
7the evidence. This subsection shall be operative whether or
8not the defendant has been charged or convicted of the
9criminal offense as described in subsection (a) of this
10Section. This subsection (g) shall not limit or affect the
11right of any person to bring any cause of action or seek any
12remedy available under the common law, or other applicable
13law, arising out of the financial exploitation of an elderly
14person or a person with a disability.
15    (h) If a person is charged with financial exploitation of
16an elderly person or a person with a disability that involves
17the taking or loss of property valued at more than $5,000, a
18prosecuting attorney may file a petition with the circuit
19court of the county in which the defendant has been charged to
20freeze the assets of the defendant in an amount equal to but
21not greater than the alleged value of lost or stolen property
22in the defendant's pending criminal proceeding for purposes of
23restitution to the victim. The burden of proof required to
24freeze the defendant's assets shall be by a preponderance of
25the evidence.
26(Source: P.A. 101-394, eff. 1-1-20.)
 

 

 

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1    Section 15. The Home Repair Fraud Act is amended by
2changing Section 5 as follows:
 
3    (815 ILCS 515/5)  (from Ch. 121 1/2, par. 1605)
4    Sec. 5. Aggravated Home Repair Fraud. A person commits the
5offense of aggravated home repair fraud when he commits home
6repair fraud:
7        (i) against an elderly person or a person with a
8    disability as defined in Section 17-56 of the Criminal
9    Code of 2012; or
10        (ii) in connection with a home repair project intended
11    to assist a person with a disability.
12    A person commits aggravated home repair fraud when he or
13she misrepresents a material fact to an elderly person or
14person with a disability relating to the terms of a contract or
15agreement or a preexisting or existing condition of any
16portion of a property involved, or creates or confirms an
17impression which is false and which he or she does not believe
18to be true, or promises performance which he or she does not
19intend to perform or knows will not be performed or completed
20at any time during the performance of the service.
21    (a) Aggravated violation of paragraphs (1) or (2) of
22subsection (a) of Section 3 of this Act shall be a Class 2
23felony when the amount of the contract or agreement is more
24than $500, a Class 3 felony when the amount of the contract or

 

 

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1agreement is $500 or less, and a Class 2 felony for a second or
2subsequent offense when the amount of the contract or
3agreement is $500 or less. If 2 or more contracts or agreements
4for home repair exceed an aggregate amount of $500 or more and
5such contracts or agreements are entered into with the same
6victim by one or more of the defendants as part of or in
7furtherance of a common fraudulent scheme, design or
8intention, the violation shall be a Class 2 felony.
9    (b) Aggravated violation of paragraph (3) of subsection
10(a) of Section 3 of this Act shall be a Class 2 felony when the
11amount of the contract or agreement is more than $5,000 and a
12Class 3 felony when the amount of the contract or agreement is
13$5,000 or less.
14    (c) Aggravated violation of paragraph (4) of subsection
15(a) of Section 3 of this Act shall be a Class 3 felony when the
16amount of the contract or agreement is more than $500, a Class
174 felony when the amount of the contract or agreement is $500
18or less and a Class 3 felony for a second or subsequent offense
19when the amount of the contract or agreement is $500 or less.
20    (d) Aggravated violation of paragraphs (1) or (2) of
21subsection (b) of Section 3 of this Act shall be a Class 3
22felony.
23    (e) If a person commits aggravated home repair fraud, then
24any State or local license or permit held by that person that
25relates to the business of home repair may be appropriately
26suspended or revoked by the issuing authority, commensurate

 

 

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1with the severity of the offense.
2    (f) A defense to aggravated home repair fraud does not
3exist merely because the accused reasonably believed the
4victim to be a person less than 60 years of age.
5(Source: P.A. 99-143, eff. 7-27-15.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    320 ILCS 20/2from Ch. 23, par. 6602
4    320 ILCS 20/3from Ch. 23, par. 6603
5    320 ILCS 20/3.3 new
6    320 ILCS 20/3.5
7    320 ILCS 20/3.6 new
8    320 ILCS 20/4from Ch. 23, par. 6604
9    320 ILCS 20/4.1
10    320 ILCS 20/4.2
11    320 ILCS 20/5from Ch. 23, par. 6605
12    320 ILCS 20/7.1
13    320 ILCS 20/7.5
14    320 ILCS 20/8from Ch. 23, par. 6608
15    320 ILCS 20/9from Ch. 23, par. 6609
16    320 ILCS 20/13
17    320 ILCS 20/15
18    720 ILCS 5/3-5from Ch. 38, par. 3-5
19    720 ILCS 5/17-56was 720 ILCS 5/16-1.3
20    815 ILCS 515/5from Ch. 121 1/2, par. 1605