Illinois General Assembly - Full Text of SB2955
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Full Text of SB2955  98th General Assembly

SB2955sam001 98TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 3/20/2014

 

 


 

 


 
09800SB2955sam001LRB098 17134 HEP 56894 a

1
AMENDMENT TO SENATE BILL 2955

2    AMENDMENT NO. ______. Amend Senate Bill 2955 by replacing
3everything after the enacting clause with the following:
 
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 or act
14described or defined in Section 16-1.3 or 17-56 of the Criminal
15Code of 1961 or the Criminal Code of 2012, and, in the context
16of civil proceedings, the taking, use, or other

 

 

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1misappropriation of the assets or resources of an elderly
2person or a person with a disability contrary to law,
3including, but not limited to, misappropriation of assets or
4resources by undue influence, breach of a fiduciary
5relationship, fraud, deception, extortion, and conversion.
6    "Neglect" means any offense described in Section 12-19 or
7subsection (a) of Section 12-4.4a of the Criminal Code of 1961
8or the Criminal Code of 2012.
9    (b) Persons convicted of financial exploitation, abuse, or
10neglect of an elderly person or a person with a disability or
11persons who have been found by a preponderance of the evidence
12to be civilly liable for financial exploitation shall not
13receive any property, benefit, or other interest by reason of
14the death of that elderly person or person with a disability,
15whether as heir, legatee, beneficiary, survivor, appointee,
16claimant under Section 18-1.1, or in any other capacity and
17whether the property, benefit, or other interest passes
18pursuant to any form of title registration, testamentary or
19nontestamentary instrument, intestacy, renunciation, or any
20other circumstance. Except as provided in subsection (f) of
21this Section, the The property, benefit, or other interest
22shall pass as if the person convicted of the financial
23exploitation, abuse, or neglect or person found civilly liable
24for financial exploitation died before the decedent, provided
25that with respect to joint tenancy property the interest
26possessed prior to the death by the person convicted of the

 

 

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1financial exploitation, abuse, or neglect shall not be
2diminished by the application of this Section. Notwithstanding
3the foregoing, a person convicted of financial exploitation,
4abuse, or neglect of an elderly person or a person with a
5disability or a person who has been found by a preponderance of
6the evidence to be civilly liable for financial exploitation
7shall be entitled to receive property, a benefit, or an
8interest in any capacity and under any circumstances described
9in this subsection (b) if it is demonstrated by clear and
10convincing evidence that the victim of that offense knew of the
11conviction or finding of civil liability and subsequent to the
12conviction or finding of civil liability expressed or ratified
13his or her intent to transfer the property, benefit, or
14interest to the person convicted of financial exploitation,
15abuse, or neglect of an elderly person or a person with a
16disability or the person found by a preponderance of the
17evidence to be civilly liable for financial exploitation in any
18manner contemplated by this subsection (b).
19    (c)(1) The holder of any property subject to the provisions
20of this Section shall not be liable for distributing or
21releasing the property to the person convicted of financial
22exploitation, abuse, or neglect of an elderly person or a
23person with a disability or the person who has been found by a
24preponderance of the evidence to be civilly liable for
25financial exploitation if the distribution or release occurs
26prior to the conviction or finding of civil liability.

 

 

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1    (2) If the holder is a financial institution, trust
2company, trustee, or similar entity or person, the holder shall
3not be liable for any distribution or release of the property,
4benefit, or other interest to the person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 or the Criminal Code of 2012 or the person who has been
8found by a preponderance of the evidence to be civilly liable
9for financial exploitation unless the holder knowingly
10distributes or releases the property, benefit, or other
11interest to the person so convicted or found civilly liable
12after first having received actual written notice of the
13conviction in sufficient time to act upon the notice.
14    (d) If the holder of any property subject to the provisions
15of this Section knows that a potential beneficiary has been
16convicted of financial exploitation, abuse, or neglect of an
17elderly person or a person with a disability or has been found
18by a preponderance of the evidence to be civilly liable for
19financial exploitation within the scope of this Section, the
20holder shall fully cooperate with law enforcement authorities
21and judicial officers in connection with any investigation of
22the financial exploitation, abuse, or neglect. If the holder is
23a person or entity that is subject to regulation by a
24regulatory agency pursuant to the laws of this or any other
25state or pursuant to the laws of the United States, including
26but not limited to the business of a financial institution,

 

 

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1corporate fiduciary, or insurance company, then such person or
2entity shall not be deemed to be in violation of this Section
3to the extent that privacy laws and regulations applicable to
4such person or entity prevent it from voluntarily providing law
5enforcement authorities or judicial officers with information.
6    (e) A civil action against a person for financial
7exploitation may be brought, pursuant to this Section, after
8the death of the victim or during the lifetime of the victim if
9the victim is adjudicated disabled. A guardian is under no duty
10to bring a civil action under this subsection during the ward's
11lifetime, but may do so if the guardian believes it is in the
12best interests of the ward.
13    (f) The court may, in its discretion, consider such facts
14and circumstances as it deems appropriate to allow the person
15found civilly liable for financial exploitation to receive a
16reduction in interest or benefit rather than no interest or
17benefit as stated under subsection (b) of this Section.
18(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
1996-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff.
201-1-13; 97-1150, eff. 1-25-13.)
 
21    (755 ILCS 5/2-6.6)
22    Sec. 2-6.6. Person convicted of or found civilly liable for
23certain offenses against the elderly or a person with a
24disability disabled.
25    (a) A person who is convicted of a violation of Section

 

 

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112-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
2Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
3Code of 2012 or a person who has been found by a preponderance
4of the evidence to be civilly liable for financial
5exploitation, as defined in subsection (a) of Section 2-6.2 of
6this Act, may not receive any property, benefit, or other
7interest by reason of the death of the victim of that offense,
8whether as heir, legatee, beneficiary, joint tenant, tenant by
9the entirety, survivor, appointee, or in any other capacity and
10whether the property, benefit, or other interest passes
11pursuant to any form of title registration, testamentary or
12nontestamentary instrument, intestacy, renunciation, or any
13other circumstance. Except as provided in subsection (f) of
14this Section, the The property, benefit, or other interest
15shall pass as if the person convicted of a violation of Section
1612-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
17Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
18Code of 2012 or the person found by a preponderance of the
19evidence to be civilly liable for financial exploitation, as
20defined in subsection (a) of Section 2-6.2 of this Act, died
21before the decedent; provided that with respect to joint
22tenancy property or property held in tenancy by the entirety,
23the interest possessed prior to the death by the person
24convicted or found civilly liable may not be diminished by the
25application of this Section. Notwithstanding the foregoing, a
26person convicted of a violation of Section 12-19, 12-21,

 

 

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116-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
2of the Criminal Code of 1961 or the Criminal Code of 2012 or a
3person who has been found by a preponderance of the evidence to
4be civilly liable for financial exploitation, as defined in
5subsection (a) of Section 2-6.2 of this Act, shall be entitled
6to receive property, a benefit, or an interest in any capacity
7and under any circumstances described in this Section if it is
8demonstrated by clear and convincing evidence that the victim
9of that offense knew of the conviction or finding of civil
10liability and subsequent to the conviction or finding of civil
11liability expressed or ratified his or her intent to transfer
12the property, benefit, or interest to the person convicted of a
13violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
15of 1961 or the Criminal Code of 2012 or the person found by a
16preponderance of the evidence to be civilly liable for
17financial exploitation, as defined in subsection (a) of Section
182-6.2 of this Act, in any manner contemplated by this Section.
19    (b) The holder of any property subject to the provisions of
20this Section is not liable for distributing or releasing the
21property to the person convicted of violating Section 12-19,
2212-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
2312-4.4a, of the Criminal Code of 1961 or the Criminal Code of
242012 or to the person found by a preponderance of the evidence
25to be civilly liable for financial exploitation as defined in
26subsection (a) of Section 2-6.2 of this Act.

 

 

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1    (c) If the holder is a financial institution, trust
2company, trustee, or similar entity or person, the holder shall
3not be liable for any distribution or release of the property,
4benefit, or other interest to the person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 or the Criminal Code of 2012 or person found by a
8preponderance of the evidence to be civilly liable for
9financial exploitation, as defined in subsection (a) of Section
102-6.2 of this Act, unless the holder knowingly distributes or
11releases the property, benefit, or other interest to the person
12so convicted or found civilly liable after first having
13received actual written notice of the conviction or finding of
14civil liability in sufficient time to act upon the notice.
15    (d) The Department of State Police shall have access to
16State of Illinois databases containing information that may
17help in the identification or location of persons convicted of
18or found civilly liable for the offenses enumerated in this
19Section. Interagency agreements shall be implemented,
20consistent with security and procedures established by the
21State agency and consistent with the laws governing the
22confidentiality of the information in the databases.
23Information shall be used only for administration of this
24Section.
25    (e) A civil action against a person for financial
26exploitation, as defined in subsection (a) of Section 2-6.2 of

 

 

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1this Act, may be brought, pursuant to this Section, after the
2death of the victim or during the lifetime of the victim if the
3victim is adjudicated disabled. A guardian is under no duty to
4bring a civil action under this subsection during the ward's
5lifetime, but may do so if the guardian believes it is in the
6best interests of the ward.
7    (f) The court may, in its discretion, consider such facts
8and circumstances as it deems appropriate to allow the person
9convicted or found civilly liable for financial exploitation,
10as defined in subsection (a) of Section 2-6.2 of this Act, to
11receive a reduction in interest or benefit rather than no
12interest or benefit as stated under subsection (a) of this
13Section.
14(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
1596-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff.
161-1-13; 97-1150, eff. 1-25-13.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".