Synopsis As Introduced Amends the Probate Act of 1975. Denies benefits resulting from an individual's death to persons convicted of financially exploiting, abusing, or neglecting the decedent while the decedent was an elderly person.
House Committee Amendment No. 1 Provides that a person convicted of certain criminal offenses against elderly or disabled persons is entitled to receive property, a benefit, or an interest if it is demonstrated by clear and convincing evidence that the victim of the offense knew of the conviction and after the conviction expressed or ratified his or her intent to transfer the property, benefit, or interest to the person. Provides that if the holder of property subject to the provisions concerning a person convicted of such offenses is a financial institution, trust company, trustee, or similar entity or person, the holder is not liable for any distribution or release of the property, benefit, or other interest to the person unless the holder knowingly distributes or releases the property, benefit, or other interest to the person after first having received actual written notice of the conviction in sufficient time to act upon the notice. Requires a holder of such property to cooperate with law enforcement and judicial authorities if the holder knows (instead of knows or has reason to know) that a potential beneficiary has been convicted of one of those offenses. Provides that if the holder of such property is subject to regulation by a regulatory agency, including as a financial institution, corporate fiduciary, or insurance company, then the holder is not deemed to be in violation of the elder abuse provisions to the extent that privacy laws and regulations applicable to the holder prevent it from voluntarily providing law enforcement authorities or judicial officers with information.
Senate Floor Amendment No. 1 Deletes everything and reinserts the provisions of House Bill 51 engrossed, but with changes that include the following: (1) omits the definition of "elderly person", and provides that "abuse", "financial exploitation", and "neglect" mean offenses described in specified Sections of the Criminal Code of 1961 concerning offenses against elderly or disabled persons; and (2) makes the denial of entitlement to property, a benefit, or any other interest applicable to a person who commits an offense against a person with a disability (besides a person who commits an offense against an elderly person).