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Public Act 91-0236
SB477 Enrolled LRB9105679RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 16-1.3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 16-1.3 as follows:
(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
Sec. 16-1.3. Financial exploitation of an elderly person
or a Disabled person with a disability.
(a) A person commits the offense of financial
exploitation of an elderly person or a person with a
disability when he or she stands in a position of trust or
and confidence with the elderly person or a disabled 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 disabled person's
property with the intent to permanently deprive the elderly
person or the disabled person with a disability of the use,
benefit, or possession of his or her property.
Financial exploitation of an elderly person or a disabled
person with a disability is a Class 4 felony if the value of
the property is $300 or less, a Class 3 felony if the value
of the property is more than $300 but less than $5,000, a
Class 2 felony if the value of the property is $5,000 or more
but less than $100,000 and a Class 1 felony if the value of
the property is $100,000 or more.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age or
older who is suffering from a disease or infirmity that
impairs the individual's mental or physical ability to
independently manage his or her property or financial
resources, or both associated with advanced age and
manifested by physical, mental or emotional dysfunctioning to
the extent that such person is incapable of avoiding or
preventing the commission of the offense.
(2) "Disabled Person with a disability" means a person
who suffers from a permanent 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 which renders such person
incapable of avoiding or preventing the commission of the
offense.
(3) "Intimidation" means the communication to an elderly
person or a disabled person with a disability that he or she
shall be deprived of food and nutrition, shelter, prescribed
medication or medical care and treatment.
(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
disabled 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
disabled person with a disability to enter into a contract or
agreement.
(c) For purposes of this Section, a person stands in a
position of trust and confidence with an elderly person or
disabled person with a disability when he (1) is a parent,
spouse, adult child or other relative by blood or marriage of
the elderly person or disabled person with a disability, (2)
is a joint tenant or tenant in common with the elderly person
or disabled person with a disability or (3) has a legal or
fiduciary relationship with the elderly person or disabled
person with a disability.
(d) Nothing in this Section shall be construed to limit
the remedies available to the victim under the Illinois
Domestic Violence Act of 1986.
(e) 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 disabled 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) It shall not be a defense to financial exploitation
of an elderly person or disabled person with a disability
that the accused reasonably believed that the victim was not
an elderly person or disabled person with a disability.
(g) Civil Liability. A person who is charged by
information or indictment with the offense of financial
exploitation of an elderly person or disabled 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. The burden of
proof that the defendant 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 convicted of the offense.
(Source: P.A. 86-153.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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