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Public Act 92-0808
HB4321 Enrolled LRB9213690RCcdA
AN ACT in relation to criminal law.
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 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
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 with the intent to
permanently deprive the elderly person or the person with a
disability of the use, benefit, or possession of his or her
property.
Financial exploitation of an elderly person or a 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 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.
(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.
(2) "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.
(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.
(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.
(c) For purposes of this Section, a person stands in a
position of trust and confidence with an elderly person or
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 person with a disability, (2) is a joint
tenant or tenant in common with the elderly person or person
with a disability, or (3) has a legal or fiduciary
relationship with the elderly person or person with a
disability, or (4) is a financial planning or investment
professional.
(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 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 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 person 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. 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. 91-236, eff. 7-22-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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