Illinois General Assembly - Full Text of HB1588
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Full Text of HB1588  99th General Assembly

HB1588sam001 99TH GENERAL ASSEMBLY

Sen. Jason A. Barickman

Filed: 5/8/2015

 

 


 

 


 
09900HB1588sam001LRB099 06361 RLC 35370 a

1
AMENDMENT TO HOUSE BILL 1588

2    AMENDMENT NO. ______. Amend House Bill 1588 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 17-56 as follows:
 
6    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
7    Sec. 17-56. Financial exploitation of an elderly person or
8a person with a disability.
9    (a) A person commits financial exploitation of an elderly
10person or a person with a disability when he or she stands in a
11position of trust or confidence with the elderly person or a
12person with a disability and he or she knowingly and by
13deception or intimidation obtains control over the property of
14an elderly person or a person with a disability or illegally
15uses the assets or resources of an elderly person or a person
16with a disability.

 

 

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

 

 

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

 

 

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1    (d) Limitations. Nothing in this Section shall be construed
2to limit the remedies available to the victim under the
3Illinois Domestic Violence Act of 1986.
4    (e) Good faith efforts. Nothing in this Section shall be
5construed to impose criminal liability on a person who has made
6a good faith effort to assist the elderly person or person with
7a disability in the management of his or her property, but
8through no fault of his or her own has been unable to provide
9such assistance.
10    (f) Not a defense. It shall not be a defense to financial
11exploitation of an elderly person or person with a disability
12that the accused reasonably believed that the victim was not an
13elderly person or person with a disability.
14    (g) Civil Liability. A civil cause of action exists for
15financial exploitation of an elderly person or a person with a
16disability as described in subsection (a) of this Section. A
17person against whom a civil judgment has been entered for who
18is charged by information or indictment with the offense of
19financial exploitation of an elderly person or person with a
20disability and who fails or refuses to return the victim's
21property within 60 days following a written demand from the
22victim or the victim's legal representative shall be liable to
23the victim or to the estate of the victim in damages of treble
24the amount of the value of the property obtained, plus
25reasonable attorney fees and court costs. In a civil action
26under this subsection, the The burden of proof that the

 

 

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1defendant committed financial exploitation of an elderly
2person or a person with a disability as described in subsection
3(a) of this Section unlawfully obtained the victim's property
4shall be by a preponderance of the evidence. This subsection
5shall be operative whether or not the defendant has been
6charged or convicted of the criminal offense as described in
7subsection (a) of this Section. This subsection (g) shall not
8limit or affect the right of any person to bring any cause of
9action or seek any remedy available under the common law, or
10other applicable law, arising out of the financial exploitation
11of an elderly person or a person with a disability.
12    (h) If a person is charged with financial exploitation of
13an elderly person or a person with a disability that involves
14the taking or loss of property valued at more than $5,000, a
15prosecuting attorney may file a petition with the circuit court
16of the county in which the defendant has been charged to freeze
17the assets of the defendant in an amount equal to but not
18greater than the alleged value of lost or stolen property in
19the defendant's pending criminal proceeding for purposes of
20restitution to the victim. The burden of proof required to
21freeze the defendant's assets shall be by a preponderance of
22the evidence.
23(Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12;
2497-865, eff. 1-1-13.)".