093_HB0051ham001
LRB093 02380 DRJ 10933 a
1 AMENDMENT TO HOUSE BILL 0051
2 AMENDMENT NO. . Amend House Bill 0051 on page 1, by
3 replacing line 22 with the following:
4 "diminished by the application of this Section.
5 Notwithstanding the foregoing, a person convicted of
6 financial exploitation, abuse, or neglect of an elderly
7 person shall be entitled to receive property, a benefit, or
8 an interest in any capacity and under any circumstances
9 described in this subsection (a) if it is demonstrated by
10 clear and convincing evidence that the victim of that offense
11 knew of the conviction and subsequent to the conviction
12 expressed or ratified his or her intent to transfer the
13 property, benefit, or interest to the person convicted of
14 financial exploitation, abuse, or neglect of an elderly
15 person in any manner contemplated by this subsection (a).";
16 and
17 on page 1, by replacing line 23 with the following:
18 "(b) (1) The holder of any property subject to the
19 provisions"; and
20 on page 1, between lines 27 and 28, by inserting the
21 following:
22 "(2) If the holder is a financial institution, trust
23 company, trustee, or similar entity or person, the holder
-2- LRB093 02380 DRJ 10933 a
1 shall not be liable for any distribution or release of
2 the property, benefit, or other interest to the person
3 convicted of a violation of Section 12-19, 12-21, or
4 16-1.3 of the Criminal Code of 1961 unless the holder
5 knowingly distributes or releases the property, benefit,
6 or other interest to the person so convicted after first
7 having received actual written notice of the conviction
8 in sufficient time to act upon the notice."; and
9 on page 1, by replacing line 29 with the following:
10 "provisions of this Section knows that a"; and
11 on page 2, by replacing line 4 with the following:
12 "exploitation, abuse, or neglect. If the holder is a person
13 or entity that is subject to regulation by a regulatory
14 agency pursuant to the laws of this or any other state or
15 pursuant to the laws of the United States, including but not
16 limited to the business of a financial institution, corporate
17 fiduciary, or insurance company, then such person or entity
18 shall not be deemed to be in violation of this Section to the
19 extent that privacy laws and regulations applicable to such
20 person or entity prevent it from voluntarily providing law
21 enforcement authorities or judicial officers with
22 information.".