093_HB0051eng HB0051 Engrossed LRB093 02380 DRJ 02388 b 1 AN ACT concerning the elderly. 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. Elder abuse. 8 (a) Persons convicted of financial exploitation, abuse, 9 or neglect of an elderly person shall not receive any 10 property, benefit, or other interest by reason of the death 11 of that elderly person, whether as heir, legatee, 12 beneficiary, survivor, appointee, or in any other capacity 13 and whether the property, benefit, or other interest passes 14 pursuant to any form of title registration, testamentary or 15 nontestamentary instrument, intestacy, renunciation, or any 16 other circumstance. The property, benefit, or other interest 17 shall pass as if the person convicted of the financial 18 exploitation, abuse, or neglect died before the decedent, 19 provided that with respect to joint tenancy property the 20 interest possessed prior to the death by the person convicted 21 of the financial exploitation, abuse, or neglect shall not be 22 diminished by the application of this Section. 23 Notwithstanding the foregoing, a person convicted of 24 financial exploitation, abuse, or neglect of an elderly 25 person shall be entitled to receive property, a benefit, or 26 an interest in any capacity and under any circumstances 27 described in this subsection (a) if it is demonstrated by 28 clear and convincing evidence that the victim of that offense 29 knew of the conviction and subsequent to the conviction 30 expressed or ratified his or her intent to transfer the 31 property, benefit, or interest to the person convicted of HB0051 Engrossed -2- LRB093 02380 DRJ 02388 b 1 financial exploitation, abuse, or neglect of an elderly 2 person in any manner contemplated by this subsection (a). 3 (b) (1) The holder of any property subject to the 4 provisions of this Section shall not be liable for 5 distributing or releasing the property to the person 6 convicted of financial exploitation, abuse, or neglect of an 7 elderly person if the distribution or release occurs prior to 8 the conviction. 9 (2) If the holder is a financial institution, trust 10 company, trustee, or similar entity or person, the holder 11 shall not be liable for any distribution or release of 12 the property, benefit, or other interest to the person 13 convicted of a violation of Section 12-19, 12-21, or 14 16-1.3 of the Criminal Code of 1961 unless the holder 15 knowingly distributes or releases the property, benefit, 16 or other interest to the person so convicted after first 17 having received actual written notice of the conviction 18 in sufficient time to act upon the notice. 19 (c) If the holder of any property subject to the 20 provisions of this Section knows that a potential beneficiary 21 has been convicted of financial exploitation, abuse, or 22 neglect of an elderly person within the scope of this 23 Section, the holder shall fully cooperate with law 24 enforcement authorities and judicial officers in connection 25 with any investigation of the financial exploitation, abuse, 26 or neglect. If the holder is a person or entity that is 27 subject to regulation by a regulatory agency pursuant to the 28 laws of this or any other state or pursuant to the laws of 29 the United States, including but not limited to the business 30 of a financial institution, corporate fiduciary, or insurance 31 company, then such person or entity shall not be deemed to be 32 in violation of this Section to the extent that privacy laws 33 and regulations applicable to such person or entity prevent 34 it from voluntarily providing law enforcement authorities or HB0051 Engrossed -3- LRB093 02380 DRJ 02388 b 1 judicial officers with information. 2 (d) As used in this Section, "elderly person" means a 3 person 60 years of age or older.