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91_HB2831eng
HB2831 Engrossed LRB9105180SMdv
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-19 and 12-21.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-19 and 12-21 as follows:
7 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
8 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
9 Facility Resident.
10 (a) Any person or any owner or licensee of a long term
11 care facility who abuses a long term care facility resident
12 is guilty of a Class 2 3 felony. Any person or any owner or
13 licensee of a long term care facility who grossly neglects a
14 long term care facility resident is guilty of a Class 3 4
15 felony. However, nothing herein shall be deemed to apply to
16 a physician licensed to practice medicine in all its branches
17 or a duly licensed nurse providing care within the scope of
18 his or her professional judgment and within the accepted
19 standards of care within the community.
20 (b) Notwithstanding the penalties in subsections (a) and
21 (c) and in addition thereto, if a licensee or owner of a long
22 term care facility or his or her employee has caused neglect
23 of a resident, the licensee or owner is guilty of a petty
24 offense. An owner or licensee is guilty under this
25 subsection (b) only if the owner or licensee failed to
26 exercise reasonable care in the hiring, training, supervising
27 or providing of staff or other related routine administrative
28 responsibilities.
29 (c) Notwithstanding the penalties in subsections (a) and
30 (b) and in addition thereto, if a licensee or owner of a long
31 term care facility or his or her employee has caused gross
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1 neglect of a resident, the licensee or owner is guilty of a
2 business offense for which a fine of not more than $10,000
3 may be imposed. An owner or licensee is guilty under this
4 subsection (c) only if the owner or licensee failed to
5 exercise reasonable care in the hiring, training, supervising
6 or providing of staff or other related routine administrative
7 responsibilities.
8 (d) For the purpose of this Section:
9 (1) "Abuse" means intentionally or knowingly
10 causing any physical or mental injury or committing any
11 sexual offense set forth in this Code.
12 (2) "Gross neglect" means recklessly failing to
13 provide adequate medical or personal care or maintenance,
14 which failure results in physical or mental injury or the
15 deterioration of a physical or mental condition.
16 (3) "Neglect" means negligently failing to provide
17 adequate medical or personal care or maintenance, which
18 failure results in physical or mental injury or the
19 deterioration of a physical or mental condition.
20 (4) "Resident" means a person residing in a long
21 term care facility.
22 (5) "Owner" means the person who owns a long term
23 care facility as provided under the Nursing Home Care
24 Act.
25 (6) "Licensee" means the individual or entity
26 licensed to operate a facility under the Nursing Home
27 Care Act.
28 (7) "Facility" or "long term care facility" means a
29 private home, institution, building, residence, or any
30 other place, whether operated for profit or not, or a
31 county home for the infirm and chronically ill operated
32 pursuant to Division 5-21 or 5-22 of the Counties Code,
33 or any similar institution operated by the State of
34 Illinois or a political subdivision thereof, which
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1 provides, through its ownership or management, personal
2 care, sheltered care or nursing for 3 or more persons not
3 related to the owner by blood or marriage. The term also
4 includes skilled nursing facilities and intermediate care
5 facilities as defined in Title XVIII and Title XIX of the
6 federal Social Security Act.
7 (e) Nothing contained in this Section shall be deemed to
8 apply to the medical supervision, regulation or control of
9 the remedial care or treatment of residents in a facility
10 conducted for those who rely upon treatment by prayer or
11 spiritual means in accordance with the creed or tenets of any
12 well recognized church or religious denomination and which is
13 licensed in accordance with Section 3-803 of the Nursing Home
14 Care Act.
15 (Source: P.A. 86-820; 86-1475.)
16 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
17 Sec. 12-21. Criminal neglect of an elderly or disabled
18 person.
19 (a) A person commits the offense of criminal neglect of
20 an elderly or disabled person when he is a caregiver and he
21 knowingly:
22 (1) performs acts which cause the elderly or
23 disabled person's life to be endangered, health to be
24 injured, or pre-existing physical or mental condition to
25 deteriorate; or
26 (2) fails to perform acts which he knows or
27 reasonably should know are necessary to maintain or
28 preserve the life or health of the elderly or disabled
29 person and such failure causes the elderly or disabled
30 person's life to be endangered, health to be injured or
31 pre-existing physical or mental condition to deteriorate;
32 or
33 (3) abandons the elderly or disabled person.
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1 Criminal neglect of an elderly person is a Class 2 3
2 felony.
3 (b) For purposes of this Section:
4 (1) "Elderly person" means a person 60 years of age
5 or older who is suffering from a disease or infirmity
6 associated with advanced age and manifested by physical,
7 mental or emotional dysfunctioning to the extent that
8 such person is incapable of adequately providing for his
9 own health and personal care.
10 (2) "Disabled person" means a person who suffers
11 from a permanent physical or mental impairment, resulting
12 from disease, injury, functional disorder or congenital
13 condition which renders such person incapable of
14 adequately providing for his own health and personal
15 care.
16 (3) "Caregiver" means a person who has a duty to
17 provide for an elderly or disabled person's health and
18 personal care, at such person's place of residence,
19 including but not limited to, food and nutrition,
20 shelter, hygiene, prescribed medication and medical care
21 and treatment.
22 "Caregiver" shall include:
23 (A) a parent, spouse, adult child or other
24 relative by blood or marriage who resides with or
25 resides in the same building with and regularly
26 visits the elderly or disabled person, knows or
27 reasonably should know of such person's physical or
28 mental impairment and knows or reasonably should
29 know that such person is unable to adequately
30 provide for his own health and personal care;
31 (B) a person who is employed by the elderly or
32 disabled person or by another to reside with or
33 regularly visit the elderly or disabled person and
34 provide for such person's health and personal care;
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1 (C) a person who has agreed for consideration
2 to reside with or regularly visit the elderly or
3 disabled person and provide for such person's health
4 and personal care; and
5 (D) a person who has been appointed by a
6 private or public agency or by a court of competent
7 jurisdiction to provide for the elderly or disabled
8 person's health and personal care.
9 "Caregiver" shall not include a long-term care
10 facility licensed or certified under the Nursing Home
11 Care Act or any administrative, medical or other
12 personnel of such a facility, or a health care provider
13 who is licensed under the Medical Practice Act of 1987
14 and renders care in the ordinary course of his
15 profession.
16 (4) "Abandon" means to desert or knowingly forsake
17 an elderly or disabled person under circumstances in
18 which a reasonable person would continue to provide care
19 and custody.
20 (c) Nothing in this Section shall be construed to limit
21 the remedies available to the victim under the Illinois
22 Domestic Violence Act.
23 (d) Nothing in this Section shall be construed to impose
24 criminal liability on a person who has made a good faith
25 effort to provide for the health and personal care of an
26 elderly or disabled person, but through no fault of his own
27 has been unable to provide such care.
28 (e) Nothing in this Section shall be construed as
29 prohibiting a person from providing treatment by spiritual
30 means through prayer alone and care consistent therewith in
31 lieu of medical care and treatment in accordance with the
32 tenets and practices of any church or religious denomination
33 of which the elderly or disabled person is a member.
34 (f) It shall not be a defense to criminal neglect of an
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1 elderly or disabled person that the accused reasonably
2 believed that the victim was not an elderly or disabled
3 person.
4 (Source: P.A. 90-14, eff. 7-1-97.)
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