Rep. Milton Patterson
Filed: 3/14/2008
 
 

 




 

 		












09500HB4506ham001

LRB095 18288 RLC 48350 a






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AMENDMENT TO HOUSE BILL 4506 




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    AMENDMENT NO. ______. Amend House Bill 4506 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 16-1.3 as follows:
 



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    (720 ILCS 5/16-1.3)  (from Ch. 38, par. 16-1.3)



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    Sec. 16-1.3. Financial exploitation of an elderly person or 
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a
person with a disability.

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    (a) A person commits the offense of financial exploitation 
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of an elderly
person or a person with a disability when he or 
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she stands in a
position of trust
or confidence with the

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elderly person or a person with a disability
and he
or she 
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knowingly and by
deception or
intimidation obtains control over 
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the property of an elderly person or
a person
with a disability

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or illegally uses the assets or resources of an elderly person 
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or a
person with a disability.  The illegal use of the assets or 
 


 






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resources of an
elderly person or a person with a disability 
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includes, but is not limited
to, the misappropriation of those 
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assets or resources by undue influence,
breach of a fiduciary 
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relationship, fraud, deception, extortion, or
use of the assets 
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or resources contrary to law.

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    Financial exploitation of an elderly person or a person

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with a
disability is a Class 4
felony if the value of the 
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property is $300 or less, a Class 3 felony if
the value of the 
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property is more than $300 but less than $5,000, a Class 2

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felony if the value of the property is $5,000 or more but less 
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than
$100,000 and a Class 1 felony if the value of the property 
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is $100,000 or more
or if the elderly person is over 70 years 
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of age and the value of the
property is $15,000 or more or if 
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the elderly person is 80 years of age or
older and the value of 
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the property is $5,000 or more.

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    (b) For purposes of this Section:


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        (1) "Elderly person" means a person 60
years of age or 
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    older.


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        (2) "Person with a disability" means a person who

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    suffers from a permanent physical or mental impairment 
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    resulting from
disease, injury, functional disorder or 
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    congenital condition that impairs the
individual's mental 
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    or physical ability to independently manage his or her

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    property or financial resources, or both.


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        (3) "Intimidation" means the communication to an 
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    elderly person or a
person with a disability that he or she 
 


 






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    shall be deprived of food and
nutrition,
shelter, 
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    prescribed
medication or medical care and treatment.


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        (4) "Deception" means, in addition to its meaning as 
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    defined in Section
15-4 of this Code,
a misrepresentation 
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    or concealment of material fact
relating to the terms of a 
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    contract or agreement entered into with the
elderly person 
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    or person with a disability or to the
existing or

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    pre-existing condition of
any of the property involved in 
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    such contract or agreement; or the use or
employment of any 
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    misrepresentation, false pretense or false promise in

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    order to induce, encourage or solicit the elderly person or

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    person with
a disability to
enter into a contract or 
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    agreement.

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    (c) For purposes of this Section, a person stands in a 
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position of
trust and confidence with an elderly person or 
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person with a
disability when he (1) is a
parent, spouse, adult 
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child or other relative by blood or marriage of the
elderly 
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person or person with a disability, (2) is a joint
tenant or

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tenant in common with
the elderly person or person with a 
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disability, (3) has
a legal or
fiduciary relationship
with the 
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elderly person or person with a disability, or (4) is a 
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financial
planning or investment professional.

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    (d) Nothing in this Section shall be construed to limit the 
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remedies
available to the victim under the Illinois Domestic 
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Violence Act of 1986.

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    (e) Nothing in this Section shall be construed to impose 
 


 






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criminal
liability on a person who has made a good faith effort 
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to assist the
elderly person or person with a disability in the

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management of his or her
property, but through
no fault of his 
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or her own has been unable to provide such assistance.

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    (f) It shall not be a defense to financial exploitation of 
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an elderly
person or person with a disability that the accused 
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reasonably believed
that the victim was
not an elderly person 
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or person with a disability.

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    (g) Civil Liability.  A person who is charged by information 
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or
indictment with the offense of financial exploitation of an 
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elderly person
or person with a disability and who fails or 
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refuses to return
the victim's property
within 60 days 
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following a written demand from the victim or the victim's

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legal representative shall be liable to the victim or to the 
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estate of the
victim in damages of treble the amount of the 
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value of the property
obtained, plus reasonable attorney fees 
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and court costs.  The burden of
proof that the defendant 
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unlawfully obtained the victim's property shall be
by a 
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preponderance of the evidence.  This subsection shall be 
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operative
whether or not the defendant has been convicted of 
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the offense.

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(Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)".