Public Act 93-0299

HB0051 Enrolled                      LRB093 02380 DRJ 02388 b

    AN ACT in relation to elderly and disabled persons.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Probate Act of 1975 is amended by adding
Section 2-6.2 as follows:

    (755 ILCS 5/2-6.2 new)
    Sec. 2-6.2.  Financial exploitation, abuse, or neglect of
an elderly person or a person with a disability.
    (a)  In this Section:
    "Abuse" means any offense described in Section  12-21  of
the Criminal Code of 1961.
    "Financial  exploitation"  means any offense described in
Section 16-1.3 of the Criminal Code of 1961.
    "Neglect" means any offense described in Section 12-19 of
the Criminal Code of 1961.
    (b)  Persons convicted of financial exploitation,  abuse,
or neglect of an elderly person or a person with a disability
shall not receive any property, benefit, or other interest by
reason  of  the death of that elderly person or person with a
disability, whether as heir, legatee, beneficiary,  survivor,
appointee, or in any other capacity and whether the property,
benefit,  or  other  interest  passes pursuant to any form of
title   registration,   testamentary    or    nontestamentary
instrument,    intestacy,    renunciation,   or   any   other
circumstance. The property, benefit, or other interest  shall
pass   as   if   the   person   convicted  of  the  financial
exploitation, abuse, or neglect  died  before  the  decedent,
provided  that  with  respect  to  joint tenancy property the
interest possessed prior to the death by the person convicted
of the financial exploitation, abuse, or neglect shall not be
diminished   by   the   application    of    this    Section.
Notwithstanding   the   foregoing,   a  person  convicted  of
financial exploitation,  abuse,  or  neglect  of  an  elderly
person  or  a  person  with a disability shall be entitled to
receive property, a benefit, or an interest in  any  capacity
and  under any circumstances described in this subsection (b)
if it is demonstrated by clear and convincing  evidence  that
the  victim  of  that  offense  knew  of  the  conviction and
subsequent to the conviction expressed or ratified his or her
intent to transfer the property, benefit, or interest to  the
person convicted of financial exploitation, abuse, or neglect
of  an  elderly  person  or a person with a disability in any
manner contemplated by this subsection (b).
    (c) (1)  The  holder  of  any  property  subject  to  the
provisions   of   this   Section  shall  not  be  liable  for
distributing  or  releasing  the  property  to   the   person
convicted  of financial exploitation, abuse, or neglect of an
elderly  person  or  a  person  with  a  disability  if   the
distribution or release occurs prior to the conviction.
         (2)  If the holder is a financial institution, trust
    company, trustee, or similar entity or person, the holder
    shall not be liable for any distribution  or  release  of
    the  property,  benefit,  or other interest to the person
    convicted of a violation  of  Section  12-19,  12-21,  or
    16-1.3  of  the  Criminal  Code of 1961 unless the holder
    knowingly distributes or releases the property,  benefit,
    or  other interest to the person so convicted after first
    having received actual written notice of  the  conviction
    in sufficient time to act upon the notice.
    (d)  If  the  holder  of  any  property  subject  to  the
provisions of this Section knows that a potential beneficiary
has  been  convicted  of  financial  exploitation,  abuse, or
neglect of an elderly person or a person  with  a  disability
within  the  scope  of  this  Section, the holder shall fully
cooperate  with  law  enforcement  authorities  and  judicial
officers  in  connection  with  any  investigation   of   the
financial exploitation, abuse, or neglect. If the holder is a
person   or  entity  that  is  subject  to  regulation  by  a
regulatory agency pursuant to the laws of this or  any  other
state or pursuant to the laws of the United States, including
but  not  limited to the business of a financial institution,
corporate fiduciary, or insurance company, then  such  person
or  entity  shall  not  be  deemed to be in violation of this
Section to the  extent  that  privacy  laws  and  regulations
applicable   to   such  person  or  entity  prevent  it  from
voluntarily providing law enforcement authorities or judicial
officers with information.