Public Act 099-0272
 
HB1588 EnrolledLRB099 06361 RLC 26431 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 17-56 as follows:
 
    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
    Sec. 17-56. Financial exploitation of an elderly person or
a person with a disability.
    (a) A person commits financial exploitation of an elderly
person or a person with a disability when he or she stands in a
position of trust or confidence with the elderly person or a
person with a disability and he or she knowingly and by
deception or intimidation obtains control over the property of
an elderly person or a person with a disability or illegally
uses the assets or resources of an elderly person or a person
with a disability.
    (b) Sentence. Financial exploitation of an elderly person
or a person with a disability is: (1) a Class 4 felony if the
value of the property is $300 or less, (2) a Class 3 felony if
the value of the property is more than $300 but less than
$5,000, (3) a Class 2 felony if the value of the property is
$5,000 or more but less than $50,000, and (4) a Class 1 felony
if the value of the property is $50,000 or more or if the
elderly person is over 70 years of age and the value of the
property is $15,000 or more or if the elderly person is 80
years of age or older and the value of the property is $5,000
or more.
    (c) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age or
    older.
        (2) "Person with a disability" means a person who
    suffers from a physical or mental impairment resulting from
    disease, injury, functional disorder or congenital
    condition that impairs the individual's mental or physical
    ability to independently manage his or her property or
    financial resources, or both.
        (3) "Intimidation" means the communication to an
    elderly person or a person with a disability that he or she
    shall be deprived of food and nutrition, shelter,
    prescribed medication or medical care and treatment or
    conduct as provided in Section 12-6 of this Code.
        (4) "Deception" means, in addition to its meaning as
    defined in Section 15-4 of this Code, a misrepresentation
    or concealment of material fact relating to the terms of a
    contract or agreement entered into with the elderly person
    or person with a disability or to the existing or
    pre-existing condition of any of the property involved in
    such contract or agreement; or the use or employment of any
    misrepresentation, false pretense or false promise in
    order to induce, encourage or solicit the elderly person or
    person with a disability to enter into a contract or
    agreement.
    The illegal use of the assets or resources of an elderly
person or a person with a disability includes, but is not
limited to, the misappropriation of those assets or resources
by undue influence, breach of a fiduciary relationship, fraud,
deception, extortion, or use of the assets or resources
contrary to law.
    A person stands in a position of trust and confidence with
an elderly person or person with a disability when he (i) is a
parent, spouse, adult child or other relative by blood or
marriage of the elderly person or person with a disability,
(ii) is a joint tenant or tenant in common with the elderly
person or person with a disability, (iii) has a legal or
fiduciary relationship with the elderly person or person with a
disability, (iv) is a financial planning or investment
professional, or (v) is a paid or unpaid caregiver for the
elderly person or person with a disability.
    (d) Limitations. Nothing in this Section shall be construed
to limit the remedies available to the victim under the
Illinois Domestic Violence Act of 1986.
    (e) Good faith efforts. Nothing in this Section shall be
construed to impose criminal liability on a person who has made
a good faith effort to assist the elderly person or person with
a disability in the management of his or her property, but
through no fault of his or her own has been unable to provide
such assistance.
    (f) Not a defense. It shall not be a defense to financial
exploitation of an elderly person or person with a disability
that the accused reasonably believed that the victim was not an
elderly person or person with a disability.
    (g) Civil Liability. A civil cause of action exists for
financial exploitation of an elderly person or a person with a
disability as described in subsection (a) of this Section. A
person against whom a civil judgment has been entered for who
is charged by information or indictment with the offense of
financial exploitation of an elderly person or person with a
disability and who fails or refuses to return the victim's
property within 60 days following a written demand from the
victim or the victim's legal representative shall be liable to
the victim or to the estate of the victim in damages of treble
the amount of the value of the property obtained, plus
reasonable attorney fees and court costs. In a civil action
under this subsection, the The burden of proof that the
defendant committed financial exploitation of an elderly
person or a person with a disability as described in subsection
(a) of this Section unlawfully obtained the victim's property
shall be by a preponderance of the evidence. This subsection
shall be operative whether or not the defendant has been
charged or convicted of the criminal offense as described in
subsection (a) of this Section. This subsection (g) shall not
limit or affect the right of any person to bring any cause of
action or seek any remedy available under the common law, or
other applicable law, arising out of the financial exploitation
of an elderly person or a person with a disability.
    (h) If a person is charged with financial exploitation of
an elderly person or a person with a disability that involves
the taking or loss of property valued at more than $5,000, a
prosecuting attorney may file a petition with the circuit court
of the county in which the defendant has been charged to freeze
the assets of the defendant in an amount equal to but not
greater than the alleged value of lost or stolen property in
the defendant's pending criminal proceeding for purposes of
restitution to the victim. The burden of proof required to
freeze the defendant's assets shall be by a preponderance of
the evidence.
(Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12;
97-865, eff. 1-1-13.)