[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] |
90_SB1835enr
SEE INDEX
Amends the Elder Abuse and Neglect Act. Adds specific
examples to the definition of abuse, includes financial
exploitation as an abusive behavior, identifies certain
persons as mandated reporters of abuse, neglect, or
exploitation of eligible adults, and expands the Department
on Aging's responsibilities to include promotion of awareness
of elder abuse issues, coordination of efforts with other
agencies, and other duties. Includes those not defined as
eligible for services under this Act as persons, reports of
abuse of whom, the Department shall respond to under this
Act. Makes other changes. Amends the Code of Criminal
Procedure. Creates a hearsay exception for out of court
statements made by an eligible adult, as defined in the Elder
Abuse and Neglect Act, regarding abuse, neglect, or
exploitation in the prosecution for a number of acts
perpetrated against an eligible adult. Amends the Code of
Civil Procedure to create a similar hearsay exception in all
civil cases. Amends the Probate Act of 1975 to exclude, in
addition to the Office of State Guardian, elder abuse
provider agencies from the requirement of paying guardian ad
litem fees, and to exclude the Office of State Guardian and
elder abuse provider agencies from the requirement of paying
legal fees, when the respondent is unable to pay and the
elder abuse provider agency is the petitioner.
LRB9009206SMdvA
SB1835 Enrolled LRB9009206SMdvA
1 AN ACT regarding elder abuse, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Elder Abuse and Neglect Act is amended by
5 changing Sections 2, 3, 4, 5, 7, 8, 9, and 11, and by adding
6 Sections 3.5, 4.1, 4.2, and 13 as follows:
7 (320 ILCS 20/2) (from Ch. 23, par. 6602)
8 Sec. 2. Definitions. As used in this Act, unless the
9 context requires otherwise:
10 (a) "Abuse" means causing any physical, mental or sexual
11 injury to an eligible adult, including exploitation of such
12 adult's financial resources.
13 Nothing in this Act shall be construed to mean that an
14 eligible adult is a victim of abuse or neglect for the sole
15 reason that he or she is being furnished with or relies upon
16 treatment by spiritual means through prayer alone, in
17 accordance with the tenets and practices of a recognized
18 church or religious denomination.
19 Nothing in this Act shall be construed to mean that an
20 eligible adult is a victim of abuse because of health care
21 services provided or not provided by licensed health care
22 professionals.
23 (a-5) "Abuser" means a person who abuses, neglects, or
24 financially exploits an eligible adult.
25 (a-7) "Caregiver" means a person who either as a result
26 of a family relationship, voluntarily, or in exchange for
27 compensation has assumed responsibility for all or a portion
28 of the care of an eligible adult who needs assistance with
29 activities of daily living.
30 (b) "Department" means the Department on Aging of the
31 State of Illinois.
SB1835 Enrolled -2- LRB9009206SMdvA
1 (c) "Director" means the Director of the Department.
2 (d) "Domestic living situation" means a residence where
3 the eligible adult lives alone or with his or her family or a
4 caregiver caretaker, or others, or a board and care home or
5 other community-based unlicensed facility, but is not:
6 (1) A licensed facility as defined in Section
7 1-113 of the Nursing Home Care Act;
8 (2) A "life care facility" as defined in the Life
9 Care Facilities Act;
10 (3) A home, institution, or other place operated by
11 the federal government or agency thereof or by the State
12 of Illinois;
13 (4) A hospital, sanitarium, or other institution,
14 the principal activity or business of which is the
15 diagnosis, care, and treatment of human illness through
16 the maintenance and operation of organized facilities
17 therefor, which is required to be licensed under the
18 Hospital Licensing Act;
19 (5) A "community living facility" as defined in the
20 Community Living Facilities Licensing Act;
21 (6) A "community residential alternative" as
22 defined in the Community Residential Alternatives
23 Licensing Act; and
24 (7) A "community-integrated living arrangement" as
25 defined in the Community-Integrated Living Arrangements
26 Licensure and Certification Act.
27 (e) "Eligible adult" means a person 60 years of age or
28 older who resides in a domestic living situation setting and
29 is, or is alleged to be, abused, or neglected, or financially
30 exploited by another individual.
31 (f) "Emergency" means a situation in which an eligible
32 adult is living in conditions presenting a risk of death or
33 physical, mental or sexual injury and the provider agency has
34 reason to believe the eligible adult is unable to consent to
SB1835 Enrolled -3- LRB9009206SMdvA
1 services which would alleviate that risk.
2 (f-5) "Mandated reporter" means any of the following
3 persons while engaged in carrying out their professional
4 duties:
5 (1) a professional or professional's delegate while
6 engaged in: (i) social services, (ii) law enforcement,
7 (iii) education, (iv) the care of an eligible adult or
8 eligible adults, or (v) any of the occupations required
9 to be licensed under the Clinical Psychologist Licensing
10 Act, the Clinical Social Work and Social Work Practice
11 Act, the Illinois Dental Practice Act, the Dietetic and
12 Nutrition Services Practice Act, the Marriage and Family
13 Therapy Licensing Act, the Medical Practice Act of 1987,
14 the Naprapathic Practice Act, the Illinois Nursing Act of
15 1987, the Nursing Home Administrators Licensing and
16 Disciplinary Act, the Illinois Occupational Therapy
17 Practice Act, the Illinois Optometric Practice Act of
18 1987, the Pharmacy Practice Act of 1987, the Illinois
19 Physical Therapy Act, the Physician Assistant Practice
20 Act of 1987, the Podiatric Medical Practice Act of 1987,
21 the Professional Counselor and Clinical Professional
22 Counselor Licensing Act, the Illinois Speech-Language
23 Pathology and Audiology Practice Act, the Veterinary
24 Medicine and Surgery Practice Act of 1994, and the
25 Illinois Public Accounting Act;
26 (2) an employee of a vocational rehabilitation
27 facility prescribed or supervised by the Department of
28 Human Services;
29 (3) an administrator, employee, or person providing
30 services in or through an unlicensed community based
31 facility;
32 (4) a Christian Science Practitioner;
33 (5) field personnel of the Department of Public
34 Aid, Department of Public Health, and Department of Human
SB1835 Enrolled -4- LRB9009206SMdvA
1 Services, and any county or municipal health department;
2 (6) personnel of the Department of Human Services,
3 the Guardianship and Advocacy Commission, the State Fire
4 Marshal, local fire departments, the Department on Aging
5 and its subsidiary Area Agencies on Aging and provider
6 agencies, and the Office of State Long Term Care
7 Ombudsman;
8 (7) any employee of the State of Illinois not
9 otherwise specified herein who is involved in providing
10 services to eligible adults, including professionals
11 providing medical or rehabilitation services and all
12 other persons having direct contact with eligible adults;
13 or
14 (9) a person who performs the duties of a coroner or
15 medical examiner.
16 (g) "Neglect" means another individual's failure to
17 provide an eligible adult with or willful withholding from an
18 eligible adult the necessities of life including, but not
19 limited to, food, clothing, shelter or medical care. This
20 subsection does not create any new affirmative duty to
21 provide support to eligible adults. Nothing in this Act
22 shall be construed to mean that an eligible adult is a victim
23 of neglect because of health care services provided or not
24 provided by licensed health care professionals.
25 (h) "Provider agency" means any public or nonprofit
26 agency in a planning and service area appointed by the
27 regional administrative agency with prior approval by the
28 Department on Aging to receive and assess reports of alleged
29 or suspected abuse, or neglect, or financial exploitation.
30 (i) "Regional administrative agency" means any public or
31 nonprofit agency in a planning and service area so designated
32 by the Department, provided that the designated Area Agency
33 on Aging shall be designated the regional administrative
34 agency if it so requests. The Department shall assume the
SB1835 Enrolled -5- LRB9009206SMdvA
1 functions of the regional administrative agency for any
2 planning and service area where another agency is not so
3 designated.
4 (j) "Substantiated case" means a reported case of
5 alleged or suspected abuse, or neglect, or financial
6 exploitation in which a provider agency, after assessment,
7 determines that there is reason to believe abuse, or neglect,
8 or financial exploitation has occurred.
9 (Source: P.A. 86-820; 87-264.)
10 (320 ILCS 20/3) (from Ch. 23, par. 6603)
11 Sec. 3. Responsibilities.
12 (a) The Department shall establish, design and manage a
13 program of response and services for persons 60 years of age
14 and older who have been, or are alleged to be, victims of
15 elder abuse, or neglect, or financial exploitation. The
16 Department shall contract with or fund or, contract with and
17 fund, regional administrative agencies, or provider agencies,
18 or both, for the provision of those functions, and,
19 contingent on adequate funding, with attorneys or legal
20 services provider agencies for the provision of legal
21 assistance services pursuant to this Act.
22 (b) Each regional administrative agency shall designate
23 provider agencies within its planning and service area with
24 prior approval by the Department on Aging, monitor the use of
25 services, provide technical assistance to the provider
26 agencies and be involved in program development activities.
27 (c) Provider agencies shall assist, to the extent
28 possible, eligible adults who need agency services to allow
29 them to continue to function independently. Such assistance
30 shall include but not be limited to receiving reports of
31 alleged or suspected abuse, or neglect, or financial
32 exploitation, conducting face-to-face assessments of such
33 reported cases, determination of substantiated cases,
SB1835 Enrolled -6- LRB9009206SMdvA
1 referral of substantiated cases for necessary support
2 services, referral of criminal conduct to law enforcement in
3 accordance with Department guidelines, and provision of case
4 work and follow-up services on substantiated cases.
5 (Source: P.A. 85-1184.)
6 (320 ILCS 20/3.5 new)
7 Sec. 3.5. Other Responsibilities. The Department shall
8 also be responsible for the following activities, contingent
9 upon adequate funding:
10 (a) promotion of a wide range of endeavors for the
11 purpose of preventing elder abuse, neglect, and financial
12 exploitation in both domestic and institutional settings,
13 including, but not limited to, promotion of public and
14 professional education to increase awareness of elder abuse,
15 neglect, and financial exploitation, to increase reports, and
16 to improve response by various legal, financial, social, and
17 health systems;
18 (b) coordination of efforts with other agencies,
19 councils, and like entities, to include but not be limited
20 to, the Office of the Attorney General, the State Police, the
21 Law Enforcement Training and Standards Board, the State
22 Triad, the Criminal Justice Information Authority, the
23 Departments of Public Health, Public Aid, and Human Services,
24 the Family Violence Coordinating Council, the Violence
25 Prevention Authority, and other entities which may impact
26 awareness of, and response to, elder abuse, neglect, and
27 financial exploitation;
28 (c) collection and analysis of data;
29 (d) monitoring of the performance of regional
30 administrative agencies and elder abuse provider agencies;
31 and
32 (e) promotion of prevention activities.
SB1835 Enrolled -7- LRB9009206SMdvA
1 (320 ILCS 20/4) (from Ch. 23, par. 6604)
2 Sec. 4. Reports of abuse or neglect.
3 (a) Any person who suspects the wishing to report a case
4 of alleged or suspected abuse, or neglect, or financial
5 exploitation of an eligible adult may make such a report this
6 suspicion to an agency designated to receive such reports
7 under this Act or to the Department.
8 (a-5) If any mandated reporter has reason to believe
9 that an eligible adult, who because of dysfunction is unable
10 to seek assistance for himself or herself, has, within the
11 previous 12 months, been subjected to abuse, neglect, or
12 financial exploitation, the mandated reporter shall, within
13 24 hours after developing such belief, report this suspicion
14 to an agency designated to receive such reports under this
15 Act or to the Department. Whenever a mandated reporter is
16 required to report under this Act in his or her capacity as a
17 member of the staff of a medical or other public or private
18 institution, facility, board and care home, or agency, he or
19 she shall make a report to an agency designated to receive
20 such reports under this Act or to the Department in
21 accordance with the provisions of this Act and may also
22 notify the person in charge of the institution, facility,
23 board and care home, or agency or his or her designated agent
24 that the report has been made. Under no circumstances shall
25 any person in charge of such institution, facility, board and
26 care home, or agency, or his or her designated agent to whom
27 the notification has been made, exercise any control,
28 restraint, modification, or other change in the report or the
29 forwarding of the report to an agency designated to receive
30 such reports under this Act or to the Department. The
31 privileged quality of communication between any professional
32 person required to report and his or her patient or client
33 shall not apply to situations involving abused, neglected, or
34 financially exploited eligible adults and shall not
SB1835 Enrolled -8- LRB9009206SMdvA
1 constitute grounds for failure to report as required by this
2 Act.
3 (a-7) A person making a report under this Act in the
4 belief that it is in the alleged victim's best interest shall
5 be immune from criminal or civil liability or professional
6 disciplinary action on account of making the report,
7 notwithstanding any requirements concerning the
8 confidentiality of information with respect to such eligible
9 adult patient which might otherwise be applicable.
10 (a-9) Law enforcement officers shall continue to report
11 incidents of alleged abuse pursuant to the Illinois Domestic
12 Violence Act of 1986, notwithstanding any requirements under
13 this Act.
14 (b) Any person, institution or agency participating in
15 the making of a report, providing information or records
16 related to a report, assessment, or services, or
17 participating in the investigation of a report under this Act
18 in good faith, or taking photographs or x-rays as a result of
19 an authorized assessment, shall have immunity from any civil,
20 criminal or other liability in any civil, criminal or other
21 proceeding brought in consequence of making such report or
22 assessment or on account of submitting or otherwise
23 disclosing such photographs or x-rays to any agency
24 designated to receive reports of alleged or suspected abuse
25 or neglect. Any person, institution or agency authorized by
26 the Department to provide assessment, intervention, or
27 administrative services under this Act shall, in the good
28 faith performance of those services, have immunity from any
29 civil, criminal or other liability in any civil, criminal, or
30 other proceeding brought as a consequence of the performance
31 of those services. For the purposes of any civil, criminal,
32 or other proceeding, the good faith of any person required to
33 report, permitted to report, or participating in an
34 investigation of a report of alleged or suspected abuse,
SB1835 Enrolled -9- LRB9009206SMdvA
1 neglect, or financial exploitation shall be presumed.
2 (c) The identity of a person making a report of alleged
3 or suspected abuse or neglect under this Act may be disclosed
4 by the Department or other agency provided for in this Act
5 only with such person's written consent or by court order.
6 (d) The Department shall by rule establish a system for
7 filing and compiling reports made under this Act.
8 (Source: P.A. 87-264; 87-435.)
9 (320 ILCS 20/4.1 new)
10 Sec. 4.1. Employer discrimination. No employer shall
11 discharge, demote or suspend, or threaten to discharge,
12 demote or suspend, or in any manner discriminate against any
13 employee who makes any good faith oral or written report of
14 suspected elder abuse, neglect, or financial exploitation or
15 who is or will be a witness or testify in any investigation
16 or proceeding concerning a report of suspected elder abuse,
17 neglect, or financial exploitation.
18 (320 ILCS 20/4.2 new)
19 Sec. 4.2. Testimony by mandated reporter and
20 investigator. Any mandated reporter who makes a report or
21 any person who investigates a report under this Act shall
22 testify fully in any judicial proceeding resulting from such
23 report, as to any evidence of abuse, neglect, or financial
24 exploitation or the cause thereof. Any mandated reporter who
25 is required to report a suspected case of abuse, neglect, or
26 financial exploitation under Section 4 of this Act shall
27 testify fully in any administrative hearing resulting from
28 such report, as to any evidence of abuse, neglect, or
29 financial exploitation or the cause thereof. No evidence
30 shall be excluded by reason of any common law or statutory
31 privilege relating to communications between the alleged
32 abuser or the eligible adult subject of the report under this
SB1835 Enrolled -10- LRB9009206SMdvA
1 Act and the person making or investigating the report.
2 (320 ILCS 20/5) (from Ch. 23, par. 6605)
3 Sec. 5. Procedure.
4 (a) A provider agency designated to receive reports of
5 alleged or suspected abuse, or neglect, or financial
6 exploitation under this Act shall, upon receiving such a
7 report, conduct a face-to-face assessment with respect to
8 such report. The assessment shall include, but not be
9 limited to, a visit to the residence of the eligible adult
10 who is the subject of the report and may include interviews
11 or consultations with service agencies or individuals who may
12 have knowledge of the eligible adult's circumstances. If,
13 after the assessment, the provider agency determines that the
14 case is substantiated it shall develop a service care plan
15 for the eligible adult. In developing the plan, the provider
16 agency may consult with any other appropriate provider of
17 services, and such providers shall be immune from civil or
18 criminal liability on account of such acts. The plan shall
19 include alternative suggested or recommended services which
20 are appropriate to the needs of the eligible adult and which
21 involve the least restriction of the eligible adult's
22 activities commensurate with his or her needs. Only those
23 services to which consent is provided in accordance with
24 Section 9 of this Act shall be provided, contingent upon the
25 availability of such services.
26 (b) A provider agency shall refer evidence of crimes
27 against an eligible adult to the appropriate law enforcement
28 agency according to Department policies. A referral to law
29 enforcement may be made at intake or any time during the
30 case. Where a provider agency has reason to believe the
31 death of an eligible adult may be the result of abuse or
32 neglect, the agency shall immediately report the matter to
33 the coroner or medical examiner and shall cooperate fully
SB1835 Enrolled -11- LRB9009206SMdvA
1 with any subsequent investigation.
2 (Source: P.A. 85-1184.)
3 (320 ILCS 20/7) (from Ch. 23, par. 6607)
4 Sec. 7. Review. All services provided to an eligible
5 adult shall be reviewed by the provider agency on at least a
6 quarterly basis for up to not less than one year to determine
7 whether the service care plan should be continued or
8 modified.
9 (Source: P.A. 85-1184.)
10 (320 ILCS 20/8) (from Ch. 23, par. 6608)
11 Sec. 8. Access to records. All records concerning
12 reports of elder abuse, and neglect, and financial
13 exploitation and all records generated as a result of such
14 reports shall be confidential and shall not be disclosed
15 except as specifically authorized by this Act or other
16 applicable law. Access to such records, but not access to
17 the identity of the person or persons making a report of
18 alleged abuse, or neglect, or financial exploitation as
19 contained in such records, shall be allowed to the following
20 persons and for the following persons:
21 (1) (a) Department staff, provider agency staff, other
22 aging network staff, and regional administrative agency staff
23 in the furtherance of their responsibilities under this Act;
24 (2) (b) A law enforcement agency investigating known or
25 suspected elder abuse, or neglect, or financial exploitation.
26 Where a provider agency has reason to believe that the death
27 of an eligible adult may be the result of abuse or neglect,
28 the agency shall immediately provide the appropriate law
29 enforcement agency with all records pertaining to the
30 eligible adult;
31 (3) (c) A physician who has before him or her or who is
32 involved in the treatment of an eligible adult whom he or she
SB1835 Enrolled -12- LRB9009206SMdvA
1 reasonably suspects may be abused, or neglected, or
2 financially exploited or who has been referred to the Elder
3 Abuse and Neglect Program;
4 (4) (d) An eligible adult reported to be abused, or
5 neglected, or financially exploited, or such adult's guardian
6 unless such guardian is the abuser or the alleged abuser;
7 (5) (e) A court or a guardian ad litem, upon its or his
8 or her finding that access to such records may be necessary
9 for the determination of an issue before the such court.
10 However, such access shall be limited to an in camera
11 inspection of the records, unless the court determines that
12 disclosure of the information contained therein is necessary
13 for the resolution of an issue then pending before it;
14 (6) (f) A grand jury, upon its determination that access
15 to such records is necessary in the conduct of its official
16 business;
17 (7) (g) Any person authorized by the Director, in
18 writing, for audit or bona fide research purposes;
19 (8) (h) A coroner or medical examiner who has reason to
20 believe that an eligible adult has died as the result of
21 abuse, or neglect, or financial exploitation. The provider
22 agency shall immediately provide the coroner or medical
23 examiner with all records pertaining to the eligible adult;
24 and
25 (9) (i) Department of Professional Regulation staff and
26 members of the Social Work Examining and Disciplinary Board
27 in the course of investigating alleged violations of the
28 Clinical Social Work and Social Work Practice Act by provider
29 agency staff.
30 (Source: P.A. 89-387, eff. 8-20-95.)
31 (320 ILCS 20/9) (from Ch. 23, par. 6609)
32 Sec. 9. Authority to consent to services. (a) If an
33 eligible adult consents to services being provided according
SB1835 Enrolled -13- LRB9009206SMdvA
1 to the service care plan, such services shall be arranged to
2 meet the adult's needs, based upon the availability of
3 resources to provide such services. If an adult withdraws
4 his or her consent or refuses to accept such services, the
5 services shall not be provided.
6 (b) If it reasonably appears to the Department or other
7 agency designated under this Act that a person is an eligible
8 adult and lacks the capacity to consent to necessary
9 services, including an assessment, the Department or other
10 agency may seek the appointment of a temporary guardian as
11 provided in Article XIa of the Probate Act of 1975 for the
12 purpose of consenting to such services.
13 (c) A guardian of the person of an eligible adult may
14 consent to services being provided according to the service
15 care plan. If a guardian withdraws his or her consent or
16 refuses to allow services to be provided to the eligible
17 adult, the Department, an agency designated under this Act,
18 or the office of the Attorney General may request a court
19 order an order of protection under the Illinois Domestic
20 Violence Act of 1986 seeking appropriate remedies, and may in
21 addition request removal of the guardian and appointment of a
22 successor guardian.
23 (d) If an emergency exists and the Department or other
24 agency designated under this Act reasonably believes that a
25 person is an eligible adult and lacks the capacity to consent
26 to necessary services, the Department or other agency may
27 request an ex parte order from the circuit court of the
28 county in which the petitioner or respondent resides or in
29 which the alleged abuse, or neglect, or financial
30 exploitation occurred, authorizing an assessment of a report
31 of alleged or suspected abuse, or neglect, or financial
32 exploitation or and the provision of necessary services, or
33 both, including relief available under the Illinois Domestic
34 Violence Act of 1986. Petitions filed under this subsection
SB1835 Enrolled -14- LRB9009206SMdvA
1 shall be treated as expedited proceedings.
2 (e) Within 15 days after the entry of the ex parte
3 emergency order, the order shall expire, or, if the need for
4 assessment or services continues, the provider agency shall
5 petition for the appointment of a guardian as provided in
6 Article XIa of the Probate Act of 1975 for the purpose of
7 consenting to such assessment or services or to protect the
8 eligible adult from further harm.
9 (Source: P.A. 85-1184.)
10 (320 ILCS 20/11) (from Ch. 23, par. 6611)
11 Sec. 11. Annual Reports. The Department shall file with
12 the Governor and the General Assembly, within 270 90 days
13 after the end of each fiscal year, a report concerning its
14 implementation of this Act during such fiscal year, together
15 with any recommendations for future implementation.
16 (Source: P.A. 85-1184.)
17 (320 ILCS 20/13 new)
18 Sec. 13. Access.
19 (a) The designated provider agencies shall have access
20 to eligible adults who have been reported or found to be
21 victims of abuse, neglect, or financial exploitation in order
22 to assess the validity of the report, assess other needs of
23 the eligible adult, and provide services in accordance with
24 this Act.
25 (b) Where access to an eligible adult is denied, the
26 Office of the Attorney General, the Department, or the
27 provider agency may petition the court for an order to
28 require appropriate access where:
29 (1) a caregiver or third party has interfered with
30 the assessment or service plan, or
31 (2) the agency has reason to believe that the
32 eligible adult is denying access because of coercion,
SB1835 Enrolled -15- LRB9009206SMdvA
1 extortion, or justifiable fear of future abuse, neglect,
2 or financial exploitation.
3 (c) The petition for an order requiring appropriate
4 access shall be afforded an expedited hearing in the circuit
5 court.
6 (d) If the elder abuse provider agency has substantiated
7 financial exploitation against an eligible adult, and has
8 documented a reasonable belief that the eligible adult will
9 be irreparably harmed as a result of the financial
10 exploitation, the Office of the Attorney General, the
11 Department, or the provider agency may petition for an order
12 freezing the assets of the eligible adult. The petition shall
13 be filed in the county or counties in which the assets are
14 located. The court's order shall prohibit the sale, gifting,
15 transfer, or wasting of the assets of the eligible adult,
16 both real and personal, owned by, or vested in, the eligible
17 adult, without the express permission of the court. The
18 petition to freeze the assets of the eligible adult shall be
19 afforded an expedited hearing in the circuit court.
20 (320 ILCS 20/12 rep.)
21 Section 10. The Elder Abuse and Neglect Act is amended
22 by repealing Section 12.
23 Section 15. The Code of Criminal Procedure of 1963 is
24 amended by adding Section 115-10.3 as follows:
25 (725 ILCS 5/115-10.3 new)
26 Sec. 115-10.3. Hearsay exception regarding elder adults.
27 (a) In a prosecution for abuse, neglect, or financial
28 exploitation perpetrated upon or against an eligible adult,
29 as defined in the Elder Abuse and Neglect Act, who at the
30 time the act was committed has been diagnosed by a physician
31 to suffer from (i) any form of dementia, developmental
SB1835 Enrolled -16- LRB9009206SMdvA
1 disability, or other form of mental incapacity or (ii) any
2 physical infirmity which prevents the eligible adult's
3 appearance in court, including but not limited to
4 prosecutions for violations of Sections 10-1, 10-2, 10-3,
5 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
6 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4,
7 12-11, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, and
8 17-3 of the Criminal Code of 1961, the following evidence
9 shall be admitted as an exception to the hearsay rule:
10 (1) testimony by an eligible adult, of an out of
11 court statement made by the eligible adult, that he or
12 she complained of such act to another; and
13 (2) testimony of an out of court statement made by
14 the eligible adult, describing any complaint of such act
15 or matter or detail pertaining to any act which is an
16 element of an offense which is the subject of a
17 prosecution for abuse, neglect, or financial exploitation
18 perpetrated upon or against the eligible adult.
19 (b) Such testimony shall only be admitted if:
20 (1) The court finds in a hearing conducted outside
21 the presence of the jury that the time, content, and
22 circumstances of the statement provide sufficient
23 safeguards of reliability; and
24 (2) The eligible adult either:
25 (A) testifies at the proceeding; or
26 (B) is unavailable as a witness and there is
27 corroborative evidence of the act which is the
28 subject of the statement.
29 (c) If a statement is admitted pursuant to this Section,
30 the court shall instruct the jury that it is for the jury to
31 determine the weight and credibility to be given the
32 statement and that, in making the determination, it shall
33 consider the condition of the eligible adult, the nature of
34 the statement, the circumstances under which the statement
SB1835 Enrolled -17- LRB9009206SMdvA
1 was made, and any other relevant factor.
2 (d) The proponent of the statement shall give the
3 adverse party reasonable notice of his or her intention to
4 offer the statement and the particulars of the statement.
5 Section 20. The Code of Civil Procedure is amended by
6 adding Part 27 to Article VIII as follows:
7 (735 ILCS 5/Art. VIII, Part 27 heading new)
8 PART 27. ELDER ADULTS
9 (735 ILCS 5/8-2701 new)
10 Sec. 8-2701. Admissibility of evidence; out of court
11 statements; elder abuse.
12 (a) An out of court statement made by an eligible adult,
13 as defined in the Elder Abuse and Neglect Act, who has been
14 diagnosed by a physician to suffer from (i) any form of
15 dementia, developmental disability, or other form of mental
16 incapacity or (ii) any physical infirmity which prevents the
17 eligible adult's appearance in court, describing any act of
18 elder abuse, neglect, or financial exploitation, or testimony
19 by an eligible adult of an out of court statement made by the
20 eligible adult that he or she complained of such acts to
21 another, is admissible in any civil proceeding, if:
22 (1) the court conducts a hearing outside the
23 presence of the jury and finds that the time, content,
24 and circumstances of the statement provide sufficient
25 safeguards of reliability; and
26 (2) the eligible adult either:
27 (A) testifies at the proceeding; or
28 (B) is unavailable as a witness and there is
29 corroborative evidence of the act which is the
30 subject of the statement.
31 (b) If a statement is admitted pursuant to this Section,
SB1835 Enrolled -18- LRB9009206SMdvA
1 the court shall instruct the jury that it is for the jury to
2 determine the weight and credibility to be given to the
3 statement and that, in making its determination, it shall
4 consider the condition of the eligible adult, the nature of
5 the statement, the circumstances under which the statement
6 was made, and any other relevant factors.
7 (c) The proponent of the statement shall give the
8 adverse party reasonable notice of an intention to offer the
9 statement and the particulars of the statement.
10 Section 25. The Probate Act of 1975 is amended by
11 changing Section 11a-10 as follows:
12 (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
13 Sec. 11a-10. Procedures preliminary to hearing.)
14 (a) Upon the filing of a petition pursuant to Section
15 11a-8, the court shall set a date and place for hearing to
16 take place within 30 days. The court shall appoint a
17 guardian ad litem to report to the court concerning the
18 respondent's best interests consistent with the provisions of
19 this Section, except that the appointment of a guardian ad
20 litem shall not be required when the court determines that
21 such appointment is not necessary for the protection of the
22 respondent or a reasonably informed decision on the petition.
23 If the guardian ad litem is not a licensed attorney, he or
24 she shall be qualified, by training or experience, to work
25 with or advocate for the developmentally disabled, mentally
26 ill, physically disabled, the elderly, or persons disabled
27 because of mental deterioration, depending on the type of
28 disability that is alleged in the petition. The court may
29 allow the guardian ad litem reasonable compensation. The
30 guardian ad litem may consult with a person who by training
31 or experience is qualified to work with persons with a
32 developmental disability, persons with mental illness, or
SB1835 Enrolled -19- LRB9009206SMdvA
1 physically disabled persons, or persons disabled because of
2 mental deterioration, depending on the type of disability
3 that is alleged. The guardian ad litem shall personally
4 observe the respondent prior to the hearing and shall inform
5 him orally and in writing of the contents of the petition and
6 of his rights under Section 11a-11. The guardian ad litem
7 shall also attempt to elicit the respondent's position
8 concerning the adjudication of disability, the proposed
9 guardian, a proposed change in residential placement, changes
10 in care that might result from the guardianship, and other
11 areas of inquiry deemed appropriate by the court. At or
12 before the hearing, the guardian ad litem shall file a
13 written report detailing his or her observations of the
14 respondent, the responses of the respondent to any of the
15 inquires detailed in this Section, the opinion of the
16 guardian ad litem or other professionals with whom the
17 guardian ad litem consulted concerning the appropriateness of
18 guardianship, and any other material issue discovered by the
19 guardian ad litem. The guardian ad litem shall appear at the
20 hearing and testify as to any issues presented in his or her
21 report.
22 (b) The court (1) may appoint counsel for the
23 respondent, if the court finds that the interests of the
24 respondent will be best served by the appointment, and (2)
25 shall appoint counsel upon respondent's request or if the
26 respondent takes a position adverse to that of the guardian
27 ad litem. The respondent shall be permitted to obtain the
28 appointment of counsel either at the hearing or by any
29 written or oral request communicated to the court prior to
30 the hearing. The summons shall inform the respondent of this
31 right to obtain appointed counsel. The court may allow
32 counsel for the respondent reasonable compensation.
33 (c) If the respondent is unable to pay the fee of the
34 guardian ad litem or appointed counsel, or both, the court
SB1835 Enrolled -20- LRB9009206SMdvA
1 may enter an order for the petitioner to pay all such fees or
2 such amounts as the respondent or the respondent's estate may
3 be unable to pay. However, in cases where the Office of State
4 Guardian is the petitioner, consistent with Section 30 of the
5 Guardianship and Advocacy Act, or where an elder abuse
6 provider agency is the petitioner, pursuant to Section 9 of
7 the Elder Abuse and Neglect Act, no guardian ad litem or
8 legal fees shall be assessed against the Office of State
9 Guardian or the elder abuse provider agency.
10 (d) The hearing may be held at such convenient place as
11 the court directs, including at a facility in which the
12 respondent resides.
13 (e) Unless he is the petitioner, the respondent shall be
14 personally served with a copy of the petition and a summons
15 not less than 14 days before the hearing. The summons shall
16 be printed in large, bold type and shall include the
17 following notice:
18 NOTICE OF RIGHTS OF RESPONDENT
19 You have been named as a respondent in a guardianship
20 petition asking that you be declared a disabled person. If
21 the court grants the petition, a guardian will be appointed
22 for you. A copy of the guardianship petition is attached for
23 your convenience.
24 The date and time of the hearing are:
25 The place where the hearing will occur is:
26 The Judge's name and phone number is:
27 If a guardian is appointed for you, the guardian may be
28 given the right to make all important personal decisions for
29 you, such as where you may live, what medical treatment you
30 may receive, what places you may visit, and who may visit
31 you. A guardian may also be given the right to control and
32 manage your money and other property, including your home, if
33 you own one. You may lose the right to make these decisions
34 for yourself.
SB1835 Enrolled -21- LRB9009206SMdvA
1 You have the following legal rights:
2 (1) You have the right to be present at the court
3 hearing.
4 (2) You have the right to be represented by a
5 lawyer, either one that you retain, or one appointed by
6 the Judge.
7 (3) You have the right to ask for a jury of six
8 persons to hear your case.
9 (4) You have the right to present evidence to the
10 court and to confront and cross-examine witnesses.
11 (5) You have the right to ask the Judge to appoint
12 an independent expert to examine you and give an opinion
13 about your need for a guardian.
14 (6) You have the right to ask that the court
15 hearing be closed to the public.
16 (7) You have the right to tell the court whom you
17 prefer to have for your guardian.
18 You do not have to attend the court hearing if you do not
19 want to be there. If you do not attend, the Judge may
20 appoint a guardian if the Judge finds that a guardian would
21 be of benefit to you. The hearing will not be postponed or
22 canceled if you do not attend.
23 IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU
24 DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
25 PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR
26 GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
27 OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO
28 COURT AND TELL THE JUDGE.
29 Service of summons and the petition may be made by a
30 private person 18 years of age or over who is not a party to
31 the action.
32 (f) Notice of the time and place of the hearing shall be
33 given by the petitioner by mail or in person to those
34 persons, including the proposed guardian, whose names and
SB1835 Enrolled -22- LRB9009206SMdvA
1 addresses appear in the petition and who do not waive notice,
2 not less than 14 days before the hearing.
3 (Source: P.A. 88-380; 89-396, eff. 8-20-95.)