093_HB0051enr HB0051 Enrolled LRB093 02380 DRJ 02388 b 1 AN ACT in relation to elderly and disabled persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Probate Act of 1975 is amended by adding 5 Section 2-6.2 as follows: 6 (755 ILCS 5/2-6.2 new) 7 Sec. 2-6.2. Financial exploitation, abuse, or neglect of 8 an elderly person or a person with a disability. 9 (a) In this Section: 10 "Abuse" means any offense described in Section 12-21 of 11 the Criminal Code of 1961. 12 "Financial exploitation" means any offense described in 13 Section 16-1.3 of the Criminal Code of 1961. 14 "Neglect" means any offense described in Section 12-19 of 15 the Criminal Code of 1961. 16 (b) Persons convicted of financial exploitation, abuse, 17 or neglect of an elderly person or a person with a disability 18 shall not receive any property, benefit, or other interest by 19 reason of the death of that elderly person or person with a 20 disability, whether as heir, legatee, beneficiary, survivor, 21 appointee, or in any other capacity and whether the property, 22 benefit, or other interest passes pursuant to any form of 23 title registration, testamentary or nontestamentary 24 instrument, intestacy, renunciation, or any other 25 circumstance. The property, benefit, or other interest shall 26 pass as if the person convicted of the financial 27 exploitation, abuse, or neglect died before the decedent, 28 provided that with respect to joint tenancy property the 29 interest possessed prior to the death by the person convicted 30 of the financial exploitation, abuse, or neglect shall not be 31 diminished by the application of this Section. HB0051 Enrolled -2- LRB093 02380 DRJ 02388 b 1 Notwithstanding the foregoing, a person convicted of 2 financial exploitation, abuse, or neglect of an elderly 3 person or a person with a disability shall be entitled to 4 receive property, a benefit, or an interest in any capacity 5 and under any circumstances described in this subsection (b) 6 if it is demonstrated by clear and convincing evidence that 7 the victim of that offense knew of the conviction and 8 subsequent to the conviction expressed or ratified his or her 9 intent to transfer the property, benefit, or interest to the 10 person convicted of financial exploitation, abuse, or neglect 11 of an elderly person or a person with a disability in any 12 manner contemplated by this subsection (b). 13 (c) (1) The holder of any property subject to the 14 provisions of this Section shall not be liable for 15 distributing or releasing the property to the person 16 convicted of financial exploitation, abuse, or neglect of an 17 elderly person or a person with a disability if the 18 distribution or release occurs prior to the conviction. 19 (2) If the holder is a financial institution, trust 20 company, trustee, or similar entity or person, the holder 21 shall not be liable for any distribution or release of 22 the property, benefit, or other interest to the person 23 convicted of a violation of Section 12-19, 12-21, or 24 16-1.3 of the Criminal Code of 1961 unless the holder 25 knowingly distributes or releases the property, benefit, 26 or other interest to the person so convicted after first 27 having received actual written notice of the conviction 28 in sufficient time to act upon the notice. 29 (d) If the holder of any property subject to the 30 provisions of this Section knows that a potential beneficiary 31 has been convicted of financial exploitation, abuse, or 32 neglect of an elderly person or a person with a disability 33 within the scope of this Section, the holder shall fully 34 cooperate with law enforcement authorities and judicial HB0051 Enrolled -3- LRB093 02380 DRJ 02388 b 1 officers in connection with any investigation of the 2 financial exploitation, abuse, or neglect. If the holder is a 3 person or entity that is subject to regulation by a 4 regulatory agency pursuant to the laws of this or any other 5 state or pursuant to the laws of the United States, including 6 but not limited to the business of a financial institution, 7 corporate fiduciary, or insurance company, then such person 8 or entity shall not be deemed to be in violation of this 9 Section to the extent that privacy laws and regulations 10 applicable to such person or entity prevent it from 11 voluntarily providing law enforcement authorities or judicial 12 officers with information.