98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2955

 

Introduced 2/4/2014, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/2-6.2
755 ILCS 5/2-6.6

    Amends the Probate Act of 1975. Provides that provisions barring certain persons from receiving any property, benefit, or other interest by reason of the death of an elderly person or person with a disability apply also to persons who have been found liable for financial exploitation, abuse, or neglect of an elderly person or a person with a disability by a preponderance of evidence in a civil proceeding. Provides that a civil action against a person for financial exploitation, abuse, or neglect of an elderly person or a person with a disability may be brought after the death of the victim or during the lifetime of the victim if the victim is adjudicated disabled. Provides that the court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person found liable for financial exploitation, abuse, or neglect of an elderly person or a person with a disability to receive a reduction in interest or benefit rather than no interest or benefit.


LRB098 17134 HEP 52221 b

 

 

A BILL FOR

 

SB2955LRB098 17134 HEP 52221 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Sections 2-6.2 and 2-6.6 as follows:
 
6    (755 ILCS 5/2-6.2)
7    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
8elderly person or a person with a disability.
9    (a) In this Section:
10    "Abuse" means any offense described in Section 12-21 or
11subsection (b) of Section 12-4.4a of the Criminal Code of 1961
12or the Criminal Code of 2012.
13    "Financial exploitation" means any offense described in
14Section 16-1.3 or 17-56 of the Criminal Code of 1961 or the
15Criminal Code of 2012.
16    "Neglect" means any offense described in Section 12-19 or
17subsection (a) of Section 12-4.4a of the Criminal Code of 1961
18or the Criminal Code of 2012.
19    (b) Persons convicted of financial exploitation, abuse, or
20neglect of an elderly person or a person with a disability or
21persons who have been found liable for financial exploitation,
22abuse, or neglect of an elderly person or a person with a
23disability by a preponderance of evidence in a civil proceeding

 

 

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1shall not receive any property, benefit, or other interest by
2reason of the death of that elderly person or person with a
3disability, whether as heir, legatee, beneficiary, survivor,
4appointee, claimant under Section 18-1.1, or in any other
5capacity and whether the property, benefit, or other interest
6passes pursuant to any form of title registration, testamentary
7or nontestamentary instrument, intestacy, renunciation, or any
8other circumstance. Except as provided in subsection (f) of
9this Section, the The property, benefit, or other interest
10shall pass as if the person convicted of the financial
11exploitation, abuse, or neglect or person found liable for
12financial exploitation, abuse, or neglect in a civil proceeding
13died before the decedent, provided that with respect to joint
14tenancy property the interest possessed prior to the death by
15the person convicted of the financial exploitation, abuse, or
16neglect shall not be diminished by the application of this
17Section. Notwithstanding the foregoing, a person convicted of
18financial exploitation, abuse, or neglect of an elderly person
19or a person with a disability or a person who has been found
20liable for financial exploitation, abuse, or neglect of an
21elderly person or a person with a disability by a preponderance
22of evidence in a civil proceeding shall be entitled to receive
23property, a benefit, or an interest in any capacity and under
24any circumstances described in this subsection (b) if it is
25demonstrated by clear and convincing evidence that the victim
26of that offense knew of the conviction or finding of liability

 

 

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1and subsequent to the conviction or finding of liability
2expressed or ratified his or her intent to transfer the
3property, benefit, or interest to the person convicted of
4financial exploitation, abuse, or neglect of an elderly person
5or a person with a disability or the person found liable for
6financial exploitation, abuse, or neglect of an elderly person
7or a person with a disability by a preponderance of evidence in
8a civil proceeding in any manner contemplated by this
9subsection (b).
10    (c)(1) The holder of any property subject to the provisions
11of this Section shall not be liable for distributing or
12releasing the property to the person convicted of financial
13exploitation, abuse, or neglect of an elderly person or a
14person with a disability or the person who has been found
15liable for financial exploitation, abuse, or neglect of an
16elderly person or a person with a disability by a preponderance
17of evidence in a civil proceeding if the distribution or
18release occurs prior to the conviction or finding of liability.
19    (2) If the holder is a financial institution, trust
20company, trustee, or similar entity or person, the holder shall
21not be liable for any distribution or release of the property,
22benefit, or other interest to the person convicted of a
23violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
24subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
25of 1961 or the Criminal Code of 2012 or the person who has been
26found liable for financial exploitation, abuse, or neglect of

 

 

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1an elderly person or a person with a disability by a
2preponderance of evidence in a civil proceeding unless the
3holder knowingly distributes or releases the property,
4benefit, or other interest to the person so convicted or found
5liable after first having received actual written notice of the
6conviction in sufficient time to act upon the notice.
7    (d) If the holder of any property subject to the provisions
8of this Section knows that a potential beneficiary has been
9convicted of financial exploitation, abuse, or neglect of an
10elderly person or a person with a disability or has been found
11liable for financial exploitation, abuse, or neglect of an
12elderly person or a person with a disability by a preponderance
13of evidence in a civil proceeding within the scope of this
14Section, the holder shall fully cooperate with law enforcement
15authorities and judicial officers in connection with any
16investigation of the financial exploitation, abuse, or
17neglect. If the holder is a person or entity that is subject to
18regulation by a regulatory agency pursuant to the laws of this
19or any other state or pursuant to the laws of the United
20States, including but not limited to the business of a
21financial institution, corporate fiduciary, or insurance
22company, then such person or entity shall not be deemed to be
23in violation of this Section to the extent that privacy laws
24and regulations applicable to such person or entity prevent it
25from voluntarily providing law enforcement authorities or
26judicial officers with information.

 

 

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1    (e) A civil action against a person for financial
2exploitation, abuse, or neglect of an elderly person or a
3person with a disability may be brought, pursuant to this
4Section, after the death of the victim or during the lifetime
5of the victim if the victim is adjudicated disabled.
6    (f) The court may, in its discretion, consider such facts
7and circumstances as it deems appropriate to allow the person
8found liable for financial exploitation, abuse, or neglect of
9an elderly person or a person with a disability to receive a
10reduction in interest or benefit rather than no interest or
11benefit as stated under subsection (b) of this Section.
12(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
1396-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff.
141-1-13; 97-1150, eff. 1-25-13.)
 
15    (755 ILCS 5/2-6.6)
16    Sec. 2-6.6. Person convicted of or found liable for certain
17offenses against the elderly or a person with a disability
18disabled.
19    (a) A person who is convicted of a violation of Section
2012-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
21Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
22Code of 2012 or a person who has been found liable for
23financial exploitation, abuse, or neglect of an elderly person
24or a person with a disability by a preponderance of evidence in
25a civil proceeding may not receive any property, benefit, or

 

 

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1other interest by reason of the death of the victim of that
2offense, whether as heir, legatee, beneficiary, joint tenant,
3tenant by the entirety, survivor, appointee, or in any other
4capacity and whether the property, benefit, or other interest
5passes pursuant to any form of title registration, testamentary
6or nontestamentary instrument, intestacy, renunciation, or any
7other circumstance. Except as provided in subsection (f) of
8this Section, the The property, benefit, or other interest
9shall pass as if the person convicted of a violation of Section
1012-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
11Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
12Code of 2012 or the person found liable for financial
13exploitation, abuse, or neglect of an elderly person or a
14person with a disability by a preponderance of evidence in a
15civil proceeding died before the decedent; provided that with
16respect to joint tenancy property or property held in tenancy
17by the entirety, the interest possessed prior to the death by
18the person convicted or found liable may not be diminished by
19the application of this Section. Notwithstanding the
20foregoing, a person convicted of a violation of Section 12-19,
2112-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
2212-4.4a, of the Criminal Code of 1961 or the Criminal Code of
232012 or a person who has been found liable for financial
24exploitation, abuse, or neglect of an elderly person or a
25person with a disability by a preponderance of evidence in a
26civil proceeding shall be entitled to receive property, a

 

 

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1benefit, or an interest in any capacity and under any
2circumstances described in this Section if it is demonstrated
3by clear and convincing evidence that the victim of that
4offense knew of the conviction or finding of liability and
5subsequent to the conviction or finding of liability expressed
6or ratified his or her intent to transfer the property,
7benefit, or interest to the person convicted of a violation of
8Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or
9(b) of Section 12-4.4a, of the Criminal Code of 1961 or the
10Criminal Code of 2012 or the person found liable for financial
11exploitation, abuse, or neglect of an elderly person or a
12person with a disability by a preponderance of evidence in a
13civil proceeding in any manner contemplated by this Section.
14    (b) The holder of any property subject to the provisions of
15this Section is not liable for distributing or releasing the
16property to the person convicted of violating Section 12-19,
1712-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
1812-4.4a, of the Criminal Code of 1961 or the Criminal Code of
192012 or to the person found liable for financial exploitation,
20abuse, or neglect of an elderly person or a person with a
21disability by a preponderance of evidence in a civil
22proceeding.
23    (c) If the holder is a financial institution, trust
24company, trustee, or similar entity or person, the holder shall
25not be liable for any distribution or release of the property,
26benefit, or other interest to the person convicted of a

 

 

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1violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
3of 1961 or the Criminal Code of 2012 or person found liable for
4financial exploitation, abuse, or neglect of an elderly person
5or a person with a disability by a preponderance of evidence in
6a civil proceeding unless the holder knowingly distributes or
7releases the property, benefit, or other interest to the person
8so convicted or found liable after first having received actual
9written notice of the conviction or finding of liability in
10sufficient time to act upon the notice.
11    (d) The Department of State Police shall have access to
12State of Illinois databases containing information that may
13help in the identification or location of persons convicted of
14or found liable for the offenses enumerated in this Section.
15Interagency agreements shall be implemented, consistent with
16security and procedures established by the State agency and
17consistent with the laws governing the confidentiality of the
18information in the databases. Information shall be used only
19for administration of this Section.
20    (e) A civil action against a person for financial
21exploitation, abuse, or neglect of an elderly person or a
22person with a disability may be brought, pursuant to this
23Section, after the death of the victim or during the lifetime
24of the victim if the victim is adjudicated disabled.
25    (f) The court may, in its discretion, consider such facts
26and circumstances as it deems appropriate to allow the person

 

 

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1convicted or found liable for financial exploitation, abuse, or
2neglect of an elderly person or a person with a disability to
3receive a reduction in interest or benefit rather than no
4interest or benefit as stated under subsection (a) of this
5Section.
6(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
796-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff.
81-1-13; 97-1150, eff. 1-25-13.)