90th General Assembly
Status of SB1835
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PARKER-GEO-KARIS-MYERS,J-BERMAN-BOWLES, RADOGNO, 
   SMITH AND TROTTER.

(WOOD-COULSON-LAWFER-MYERS-JONES,JOHN)

   320 ILCS 20/2             from Ch. 23, par. 6602                            
   320 ILCS 20/3             from Ch. 23, par. 6603                            
   320 ILCS 20/3.5 new                                                         
   320 ILCS 20/4             from Ch. 23, par. 6604                            
   320 ILCS 20/4.5 new                                                         
   320 ILCS 20/5             from Ch. 23, par. 6605                            
   320 ILCS 20/7             from Ch. 23, par. 6607                            
   320 ILCS 20/8             from Ch. 23, par. 6608                            
   320 ILCS 20/9             from Ch. 23, par. 6609                            
   320 ILCS 20/11            from Ch. 23, par. 6611                            
   320 ILCS 20/13 new                                                          
   320 ILCS 20/12 rep.                                                         
   725 ILCS 5/115-10.3 new                                                     
   735 ILCS 5/Art. VIII, Part 27 heading new                                   
   735 ILCS 5/8-2701 new                                                       
   755 ILCS 5/11a-10         from Ch. 110 1/2, par. 11a-10                     

        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.                                          
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          320 ILCS 20/4.5 new                                                  
          Adds reference to:                                                   
          320 ILCS 20/4.1 new                                                  
          320 ILCS 20/4.2 new                                                  
        Deletes everything and reinserts language similar to the bill  as      
   introduced.   Amends  the  Elder  Abuse  and  Neglect  Act. Identifies      
   certain persons as mandated reporters of abuse, neglect, or  financial      
   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.      
   Expands  coverage  of the Act to include an eligible adult living in a      
   board and care home or  other  community  based  unlicensed  facility.      
   Provides  that no employee shall be discriminated against for filing a      
   report under this  Act.   Requires  any  person  filing  a  report  or      
   investigating  a  report  under  this  Act  to  fully  testify  in any      
   proceeding resulting from the report regardless of  any  communication      
   privilege.   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  financial  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.                                                                 
        HOUSE AMENDMENT NO. 1.                                                 
        In the definition of "domestic living situation" changes the term      
   "caretaker" to "caregiver".   Removes  the  alternative  reference  to      
   "reporter"  in  the  definition  of "mandated reporter".  In provision      
   requiring any  person  who  makes  a  report  of  abuse,  neglect,  or      
   financial  exploitation  of an eligible adult to testify in a judicial      
   or administrative proceeding regarding the abuse, changes  the  person      
   who must testify from "any person" to "any mandated reporter who makes      
   a  report  (or,  "who  is  required  to  report")  or  any  person who      
   investigates  a  report".  In   provisions   exempting   health   care      
   professionals from coverage of the Act because of provision or lack of      
   provision  of health care services limits exemption to licensed health      
   care professionals.                                                         
          JUDICIAL NOTE, H-AM 1                                                
          No decrease or increase in the need for the number of judges.        
          STATE MANDATES ACT FISCAL NOTE                                       
          Fails to create a State mandate.                                     
          FISCAL NOTE, AMENDED (Dpt. on Aging)                                 
          No fiscal impact to the Dpt. on Aging.                               
          STATE MANDATES ACT FISCAL NOTE                                       
          No change from previous State mandates note.                         
          STATE MANDATES ACT FISCAL NOTE, H-AM 1                               
          No change from previous note.                                        
          FISCAL NOTE, H-AM 2 (Office of Ill. Courts)                          
          No fiscal impact on the Judicial branch.                             
          JUDICIAL NOTE, H-AM 2                                                
          No change from previous judicial note.                               
          FISCAL NOTE, H-AM 2 (Dept. on Aging)                                 
          No change from previous Dpt. on Aging fiscal note.                   
          STATE MANDATES ACT FISCAL NOTE, H-AM 2                               
          No change from previous State mandates note.                         
        HOUSE AMENDMENT NO. 2.                                                 
        Changes the definition of eligible adult to  reference  a  person      
   who  resides  in a "domestic living situation" rather than a "domestic      
   setting".  Removes from the list of "mandated reporters" employees  of      
   a  financial  institution and persons acting as dealers, salespersons,      
   or investment advisers. In provisions  regarding  responsibilities  of      
   the  Department  on  Aging  includes  improving  response  by  various      
   financial systems.                                                          
   98-02-20  S  FIRST READING                                                  
   98-02-20  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   98-03-03  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   98-03-04  S  ADDED AS A CHIEF CO-SPONSOR              GEO-KARIS             
   98-03-04  S  ADDED AS A CHIEF CO-SPONSOR              MYERS,J               
   98-03-04  S  ADDED AS A CHIEF CO-SPONSOR              BERMAN                
   98-03-04  S  ADDED AS A CHIEF CO-SPONSOR              BOWLES                
   98-03-04  S  ADDED AS A CO-SPONSOR                    RADOGNO               
   98-03-11  S       DO PASS                             009-000-000   SJUD    
   98-03-11  S  PLACED ON CALENDAR ORDER OF 2ND READING  98-03-12              
   98-03-12  S  SECOND READING                                                 
   98-03-12  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-03-24              
   98-03-25  S  ADDED AS A CO-SPONSOR                    OBAMA                 
   98-03-31  S  FILED WITH SECRETARY                                           
   98-03-31  S                             AMENDMENT NO. 01-PARKER             
   98-03-31  S                     AMENDMENT REFERRED TO SRUL                  
   98-03-31  S                             AMENDMENT NO. 01-PARKER             
   98-03-31  S                           RULES REFERS TO SJUD                  
   98-04-01  S                             AMENDMENT NO. 01-PARKER             
   98-04-01  S             BE APPROVED FOR CONSIDERATION SJUD/006-000-000      
   98-04-01  S  RECALLED TO SECOND READING                                     
   98-04-01  S                             AMENDMENT NO. 01-PARKER             
   98-04-01  S                                   ADOPTED                       
   98-04-01  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-04-02              
   98-04-02  S  THIRD READING - PASSED                   058-000-000           
   98-04-02  H  ARRIVE IN HOUSE                                                
   98-04-02  H  PLACED CALENDAR ORDER OF FIRST READING                         
   98-04-03  H  HOUSE SPONSOR                            LAWFER                
   98-04-03  H  FIRST READING                                                  
   98-04-03  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   98-04-14  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   98-04-16  H  ADDED AS A JOINT SPONSOR                 COULSON               
   98-04-20  H  ADDED AS A JOINT SPONSOR                 WOOD                  
   98-04-20  H  ADDED AS A JOINT SPONSOR                 MYERS                 
   98-04-20  H  ADDED AS A JOINT SPONSOR                 JONES,JOHN            
   98-04-22  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     WOOD                  
   98-04-23  H                             AMENDMENT NO. 01-JUD-CRIMINAL  H    
   98-04-23  H                                   ADOPTED                       
   98-04-23  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HJUB    
   98-04-23  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   98-04-23  H  ADDED AS A JOINT SPONSOR                 LAWFER                
   98-04-27  H  FISCAL NOTE REQUESTED AS AMENDED         LANG                  
   98-04-27  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  LANG                  
   98-04-27  H  JUDICIAL NOTE REQUESTED AS AMENDED       LANG                  
   98-04-27  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-04-29  H  JUDICIAL NOTE FILED AS AMENDED           BY HOUSE AMEND #1     
   98-04-29  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-04-30  H  STATE MANDATES FISCAL NOTE FILED                               
   98-04-30  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-01  H  FISCAL NOTE FILED AS AMENDED                                   
   98-05-01  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-05  H                             AMENDMENT NO. 02-WOOD               
   98-05-05  H                     AMENDMENT REFERRED TO HRUL                  
   98-05-05  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-06  H  STATE MANDATES FISCAL NOTE FILED                               
   98-05-06  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #1     
   98-05-06  H                             AMENDMENT NO. 02-WOOD               
   98-05-06  H             BE APPROVED FOR CONSIDERATION HRUL                  
   98-05-06  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-12  H  FISCAL NOTE REQUESTED AS AMENDED         BY HA #2/CURRIE       
   98-05-12  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  BY HA #2/CURRIE       
   98-05-12  H  JUDICIAL NOTE REQUESTED AS AMENDED       BY HA #2/CURRIE       
   98-05-12  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #2     
   98-05-12  H  JUDICIAL NOTE FILED AS AMENDED           BY HOUSE AMEND #2     
   98-05-12  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-13  H  SECOND READING-SHORT DEBATE                                    
   98-05-13  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   98-05-14  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #2     
   98-05-14  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #2     
   98-05-14  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   98-05-15  H  3RD READING AND PASSAGE DEADLINE EXTEND  MAY 22, 1998          
   98-05-15  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   98-05-18  H                             AMENDMENT NO. 02-WOOD               
   98-05-18  H                                   ADOPTED                       
   98-05-18  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   98-05-18  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   98-05-18  S  SECRETARYS DESK - CONCURRENCE            01,02                 
   98-05-19  S  FILED WITH SECRETARY                                           
   98-05-19  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/PARKER          
   98-05-19  S                        MOTION REFERRED TO SRUL                  
   98-05-19  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/PARKER          
   98-05-19  S                           RULES REFERS TO SJUD                  
   98-05-19  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/PARKER          
   98-05-19  S                                 POSTPONED SJUD                  
   98-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/PARKER          
   98-05-20  S             BE APPROVED FOR CONSIDERATION SJUD/008-000-000      
   98-05-20  S  ADDED AS A CO-SPONSOR                    SMITH                 
   98-05-20  S  ADDED AS A CO-SPONSOR                    TROTTER               
   98-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/PARKER          
   98-05-20  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01,02/057-000-000     
   98-05-20  S  PASSED BOTH HOUSES                                             
   98-06-18  S  SENT TO THE GOVERNOR                                           
   98-07-23  S  GOVERNOR APPROVED                                              
   98-07-23  S                            EFFECTIVE DATE 99-01-01              
   98-07-23  S  PUBLIC ACT.............................. 90-0628               

   END OF INQUIRY 



 Full Text  Bill Summary