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Synopsis As Introduced Amends the Criminal Code of 1961 concerning financial exploitation of an elderly person or a person with a disability. Includes in the definition of intimidation, criminal intimidation. Includes in the definition of a person who stands in a position of trust and confidence with an elderly person or person with a disability, a paid or unpaid caregiver for the elderly person or person with a disability. Provides that if a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant for purposes of restitution to the victim. Provides that the burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. Provides that this provision is operative whether or not the defendant has been convicted of the offense.
Senate Committee Amendment No. 1 Provides that if a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. Provides that the burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.
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