Illinois General Assembly - Full Text of Public Act 098-0833
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Public Act 098-0833


 

Public Act 0833 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0833
 
SB2955 EnrolledLRB098 17134 HEP 52221 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Sections 2-6.2 and 2-6.6 as follows:
 
    (755 ILCS 5/2-6.2)
    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
    (a) In this Section:
    "Abuse" means any offense described in Section 12-21 or
subsection (b) of Section 12-4.4a of the Criminal Code of 1961
or the Criminal Code of 2012.
    "Financial exploitation" means any offense or act
described or defined in Section 16-1.3 or 17-56 of the Criminal
Code of 1961 or the Criminal Code of 2012, and, in the context
of civil proceedings, the taking, use, or other
misappropriation of the assets or resources of an elderly
person or a person with a disability contrary to law,
including, but not limited to, misappropriation of assets or
resources by undue influence, breach of a fiduciary
relationship, fraud, deception, extortion, and conversion.
    "Neglect" means any offense described in Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of 1961
or the Criminal Code of 2012.
    (b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability or
persons who have been found by a preponderance of the evidence
to be civilly liable for financial exploitation shall not
receive any property, benefit, or other interest by reason of
the death of that elderly person or person with a disability,
whether as heir, legatee, beneficiary, survivor, appointee,
claimant under Section 18-1.1, or in any other capacity and
whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of
this Section, the The property, benefit, or other interest
shall pass as if the person convicted of the financial
exploitation, abuse, or neglect or person found civilly liable
for financial exploitation died before the decedent, provided
that with respect to joint tenancy property the interest
possessed prior to the death by the person convicted of the
financial exploitation, abuse, or neglect shall not be
diminished by the application of this Section. Notwithstanding
the foregoing, a person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability or a person who has been found by a preponderance of
the evidence to be civilly liable for financial exploitation
shall be entitled to receive property, a benefit, or an
interest in any capacity and under any circumstances described
in this subsection (b) if it is demonstrated by clear and
convincing evidence that the victim of that offense knew of the
conviction or finding of civil liability and subsequent to the
conviction or finding of civil liability expressed or ratified
his or her intent to transfer the property, benefit, or
interest to the person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability or the person found by a preponderance of the
evidence to be civilly liable for financial exploitation in any
manner contemplated by this subsection (b).
    (c)(1) The holder of any property subject to the provisions
of this Section shall not be liable for distributing or
releasing the property to the person convicted of financial
exploitation, abuse, or neglect of an elderly person or a
person with a disability or the person who has been found by a
preponderance of the evidence to be civilly liable for
financial exploitation if the distribution or release occurs
prior to the conviction or finding of civil liability.
    (2) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall
not be liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or the person who has been
found by a preponderance of the evidence to be civilly liable
for financial exploitation unless the holder knowingly
distributes or releases the property, benefit, or other
interest to the person so convicted or found civilly liable
after first having received actual written notice of the
conviction in sufficient time to act upon the notice.
    (d) If the holder of any property subject to the provisions
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability or has been found
by a preponderance of the evidence to be civilly liable for
financial exploitation within the scope of this Section, the
holder shall fully cooperate with law enforcement authorities
and judicial officers in connection with any investigation of
the financial exploitation, abuse, or neglect. If the holder is
a person or entity that is subject to regulation by a
regulatory agency pursuant to the laws of this or any other
state or pursuant to the laws of the United States, including
but not limited to the business of a financial institution,
corporate fiduciary, or insurance company, then such person or
entity shall not be deemed to be in violation of this Section
to the extent that privacy laws and regulations applicable to
such person or entity prevent it from voluntarily providing law
enforcement authorities or judicial officers with information.
    (e) A civil action against a person for financial
exploitation may be brought by an interested person, pursuant
to this Section, after the death of the victim or during the
lifetime of the victim if the victim is adjudicated disabled. A
guardian is under no duty to bring a civil action under this
subsection during the ward's lifetime, but may do so if the
guardian believes it is in the best interests of the ward.
    (f) The court may, in its discretion, consider such facts
and circumstances as it deems appropriate to allow the person
found civilly liable for financial exploitation to receive a
reduction in interest or benefit rather than no interest or
benefit as stated under subsection (b) of this Section.
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
 
    (755 ILCS 5/2-6.6)
    Sec. 2-6.6. Person convicted of or found civilly liable for
certain offenses against the elderly or a person with a
disability disabled.
    (a) A person who is convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012 or a person who has been found by a preponderance
of the evidence to be civilly liable for financial
exploitation, as defined in subsection (a) of Section 2-6.2 of
this Act, may not receive any property, benefit, or other
interest by reason of the death of the victim of that offense,
whether as heir, legatee, beneficiary, joint tenant, tenant by
the entirety, survivor, appointee, or in any other capacity and
whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of
this Section, the The property, benefit, or other interest
shall pass as if the person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012 or the person found by a preponderance of the
evidence to be civilly liable for financial exploitation, as
defined in subsection (a) of Section 2-6.2 of this Act, died
before the decedent; provided that with respect to joint
tenancy property or property held in tenancy by the entirety,
the interest possessed prior to the death by the person
convicted or found civilly liable may not be diminished by the
application of this Section. Notwithstanding the foregoing, a
person convicted of a violation of Section 12-19, 12-21,
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961 or the Criminal Code of 2012 or a
person who has been found by a preponderance of the evidence to
be civilly liable for financial exploitation, as defined in
subsection (a) of Section 2-6.2 of this Act, shall be entitled
to receive property, a benefit, or an interest in any capacity
and under any circumstances described in this Section if it is
demonstrated by clear and convincing evidence that the victim
of that offense knew of the conviction or finding of civil
liability and subsequent to the conviction or finding of civil
liability expressed or ratified his or her intent to transfer
the property, benefit, or interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or the person found by a
preponderance of the evidence to be civilly liable for
financial exploitation, as defined in subsection (a) of Section
2-6.2 of this Act, in any manner contemplated by this Section.
    (b) The holder of any property subject to the provisions of
this Section is not liable for distributing or releasing the
property to the person convicted of violating Section 12-19,
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
12-4.4a, of the Criminal Code of 1961 or the Criminal Code of
2012 or to the person found by a preponderance of the evidence
to be civilly liable for financial exploitation as defined in
subsection (a) of Section 2-6.2 of this Act.
    (c) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall
not be liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or person found by a
preponderance of the evidence to be civilly liable for
financial exploitation, as defined in subsection (a) of Section
2-6.2 of this Act, unless the holder knowingly distributes or
releases the property, benefit, or other interest to the person
so convicted or found civilly liable after first having
received actual written notice of the conviction or finding of
civil liability in sufficient time to act upon the notice.
    (d) The Department of State Police shall have access to
State of Illinois databases containing information that may
help in the identification or location of persons convicted of
or found civilly liable for the offenses enumerated in this
Section. Interagency agreements shall be implemented,
consistent with security and procedures established by the
State agency and consistent with the laws governing the
confidentiality of the information in the databases.
Information shall be used only for administration of this
Section.
    (e) A civil action against a person for financial
exploitation, as defined in subsection (a) of Section 2-6.2 of
this Act, may be brought by an interested person, pursuant to
this Section, after the death of the victim or during the
lifetime of the victim if the victim is adjudicated disabled. A
guardian is under no duty to bring a civil action under this
subsection during the ward's lifetime, but may do so if the
guardian believes it is in the best interests of the ward.
    (f) The court may, in its discretion, consider such facts
and circumstances as it deems appropriate to allow the person
convicted or found civilly liable for financial exploitation,
as defined in subsection (a) of Section 2-6.2 of this Act, to
receive a reduction in interest or benefit rather than no
interest or benefit as stated under subsection (a) of this
Section.
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/1/2014