Full Text of SB0117 97th General Assembly
SB0117 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0117 Introduced 1/27/2011, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-21 | from Ch. 38, par. 12-21 |
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Amends the Criminal Code of 1961. Makes a technical change in the Section concerning the offense of criminal abuse or neglect of an
elderly person or person with a disability.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 12-21 as follows:
| 6 | | (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
| 7 | | Sec. 12-21. Criminal abuse or neglect of an elderly person | 8 | | or person
with a disability. | 9 | | (a) A person commits the the offense of criminal abuse or | 10 | | neglect of an
elderly person or person with a disability when | 11 | | he or she is a caregiver and he
or she knowingly:
| 12 | | (1) performs acts that cause the elderly person or | 13 | | person with a
disability's life to be
endangered, health to | 14 | | be injured, or pre-existing physical or mental
condition to | 15 | | deteriorate; or
| 16 | | (2) fails to perform acts that he or she knows or
| 17 | | reasonably should know are
necessary to maintain or | 18 | | preserve the life or health of the elderly person
or person | 19 | | with a disability and such failure causes the elderly
| 20 | | person or person with a disability's
life to be endangered, | 21 | | health to be injured or pre-existing physical or
mental | 22 | | condition to deteriorate; or
| 23 | | (3) abandons the elderly person or person with a
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| 1 | | disability; or
| 2 | | (4) physically abuses, harasses, intimidates, or | 3 | | interferes with the
personal liberty of the elderly person | 4 | | or person with a
disability or exposes the
elderly person | 5 | | or person with a disability to willful
deprivation.
| 6 | | Criminal abuse or neglect of an elderly person or
person | 7 | | with a disability is a Class 3 felony.
Criminal neglect of an | 8 | | elderly person or person with a disability is a Class
2 felony | 9 | | if the criminal
neglect results in the death of the person | 10 | | neglected for which the defendant,
if sentenced to a term of | 11 | | imprisonment, shall be sentenced
to a term of not less than 3 | 12 | | years and not more than 14 years.
| 13 | | (b) For purposes of this Section:
| 14 | | (1) "Elderly person" means a person 60
years of age or | 15 | | older who is incapable of
adequately providing for his own | 16 | | health and personal care.
| 17 | | (2) "Person with a disability" means a person who
| 18 | | suffers from a permanent physical or mental impairment, | 19 | | resulting from
disease, injury, functional disorder or | 20 | | congenital condition which renders
such person incapable | 21 | | of adequately providing for his own health and personal
| 22 | | care.
| 23 | | (3) "Caregiver" means a person who
has a duty to | 24 | | provide for an elderly person or person with a
disability's | 25 | | health and
personal care, at such person's place of | 26 | | residence, including but not
limited to, food and |
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| 1 | | nutrition, shelter, hygiene, prescribed medication and
| 2 | | medical care and treatment.
| 3 | | "Caregiver" shall include:
| 4 | | (A) a parent, spouse, adult child or other relative | 5 | | by blood or marriage
who resides with or resides in the | 6 | | same building with or regularly
visits
the elderly | 7 | | person or person with a disability, knows
or reasonably | 8 | | should know of such person's physical or mental | 9 | | impairment
and knows or reasonably should know that | 10 | | such person is unable to
adequately provide for his own | 11 | | health and personal care;
| 12 | | (B) a person who is employed by the elderly person | 13 | | or
person with a disability or by
another to reside | 14 | | with or regularly visit the elderly person or person | 15 | | with a disability
and provide for such person's health | 16 | | and personal care;
| 17 | | (C) a person who has agreed for consideration to | 18 | | reside with or
regularly visit the elderly person or | 19 | | person with a
disability and provide for such
person's | 20 | | health and personal care; and
| 21 | | (D) a person who has been appointed by a private or | 22 | | public agency or by
a court of competent jurisdiction | 23 | | to provide for the elderly person or
person with a | 24 | | disability's health and personal care.
| 25 | | "Caregiver" shall not include a long-term care | 26 | | facility licensed or
certified under the Nursing Home Care |
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| 1 | | Act or a facility licensed or certified under the MR/DD | 2 | | Community Care Act, or any administrative, medical or
other | 3 | | personnel of such a facility, or a health care provider who | 4 | | is licensed
under the Medical Practice Act of 1987 and | 5 | | renders care in the ordinary
course of his profession.
| 6 | | (4) "Abandon" means to desert or knowingly forsake an
| 7 | | elderly person or person with a disability under
| 8 | | circumstances in which a reasonable person
would continue | 9 | | to provide care and custody.
| 10 | | (5) "Willful deprivation" has the meaning ascribed to | 11 | | it in paragraph
(15) of Section 103 of the Illinois | 12 | | Domestic Violence Act of 1986.
| 13 | | (c) Nothing in this Section shall be construed to limit the | 14 | | remedies
available to the victim under the Illinois Domestic | 15 | | Violence Act.
| 16 | | (d) Nothing in this Section shall be construed to impose | 17 | | criminal
liability on a person who has made a good faith effort | 18 | | to provide for the
health and personal care of an elderly | 19 | | person or person
with
a disability, but through no
fault of his | 20 | | own has been unable to provide such care.
| 21 | | (e) Nothing in this Section shall be construed as | 22 | | prohibiting a person
from providing treatment by spiritual | 23 | | means through prayer alone and care
consistent therewith in | 24 | | lieu of medical care and treatment in accordance
with the | 25 | | tenets and practices of any church or religious denomination of
| 26 | | which the elderly person or person with a disability is a
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| 1 | | member.
| 2 | | (f) It is not a defense to criminal abuse or neglect of an | 3 | | elderly person or
person with a disability that the accused | 4 | | reasonably believed that the victim
was not an elderly person | 5 | | or person with a disability.
| 6 | | (Source: P.A. 96-339, eff. 7-1-10 .)
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