Illinois General Assembly - Full Text of SB3128
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Full Text of SB3128  101st General Assembly

SB3128 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3128

 

Introduced 2/6/2020, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-56  was 720 ILCS 5/16-1.3

    Amends the Criminal Code of 2012 concerning the offense of financial exploitation of an elderly person or a person with a disability. Expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust.


LRB101 20364 RLC 69910 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3128LRB101 20364 RLC 69910 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 17-56 as follows:
 
6    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
7    Sec. 17-56. Financial exploitation of an elderly person or
8a person with a disability.
9    (a) A person commits financial exploitation of an elderly
10person or a person with a disability when he or she stands in a
11position of trust or confidence with the elderly person or a
12person with a disability and he or she knowingly:
13        (1) by deception or intimidation obtains control over
14    the property of an elderly person or a person with a
15    disability; or
16        (2) illegally uses the assets or resources of an
17    elderly person or a person with a disability.
18    (b) Sentence. Financial exploitation of an elderly person
19or a person with a disability is: (1) a Class 4 felony if the
20value of the property is $300 or less, (2) a Class 3 felony if
21the value of the property is more than $300 but less than
22$5,000, (3) a Class 2 felony if the value of the property is
23$5,000 or more but less than $50,000, and (4) a Class 1 felony

 

 

SB3128- 2 -LRB101 20364 RLC 69910 b

1if the value of the property is $50,000 or more or if the
2elderly person is over 70 years of age and the value of the
3property is $15,000 or more or if the elderly person is 80
4years of age or older and the value of the property is $5,000
5or more.
6    (c) For purposes of this Section:
7        (1) "Elderly person" means a person 60 years of age or
8    older.
9        (2) "Person with a disability" means a person who
10    suffers from a physical or mental impairment resulting from
11    disease, injury, functional disorder or congenital
12    condition that impairs the individual's mental or physical
13    ability to independently manage his or her property or
14    financial resources, or both.
15        (3) "Intimidation" means the communication to an
16    elderly person or a person with a disability that he or she
17    shall be deprived of food and nutrition, shelter,
18    prescribed medication or medical care and treatment or
19    conduct as provided in Section 12-6 of this Code.
20        (4) "Deception" means, in addition to its meaning as
21    defined in Section 15-4 of this Code, a misrepresentation
22    or concealment of material fact relating to the terms of a
23    contract or agreement entered into with the elderly person
24    or person with a disability or to the existing or
25    pre-existing condition of any of the property involved in
26    such contract or agreement; or the use or employment of any

 

 

SB3128- 3 -LRB101 20364 RLC 69910 b

1    misrepresentation, false pretense or false promise in
2    order to induce, encourage or solicit the elderly person or
3    person with a disability to enter into a contract or
4    agreement.
5    The illegal use of the assets or resources of an elderly
6person or a person with a disability includes, but is not
7limited to, the misappropriation of those assets or resources
8by undue influence, breach of a fiduciary relationship, fraud,
9deception, extortion, or use of the assets or resources
10contrary to law.
11    A person stands in a position of trust and confidence with
12an elderly person or person with a disability when he (i) is a
13parent, spouse, adult child or other relative by blood or
14marriage of the elderly person or person with a disability,
15(ii) is a joint tenant or tenant in common with the elderly
16person or person with a disability, (iii) has a legal or
17fiduciary relationship with the elderly person or person with a
18disability, (iv) is a financial planning or investment
19professional, or (v) is a paid or unpaid caregiver for the
20elderly person or person with a disability, or (vi) is a friend
21or acquaintance in a position of trust.
22    (d) Limitations. Nothing in this Section shall be construed
23to limit the remedies available to the victim under the
24Illinois Domestic Violence Act of 1986.
25    (e) Good faith efforts. Nothing in this Section shall be
26construed to impose criminal liability on a person who has made

 

 

SB3128- 4 -LRB101 20364 RLC 69910 b

1a good faith effort to assist the elderly person or person with
2a disability in the management of his or her property, but
3through no fault of his or her own has been unable to provide
4such assistance.
5    (f) Not a defense. It shall not be a defense to financial
6exploitation of an elderly person or person with a disability
7that the accused reasonably believed that the victim was not an
8elderly person or person with a disability. Consent is not a
9defense to financial exploitation of an elderly person or a
10person with a disability if the accused knew or had reason to
11know that the elderly person or a person with a disability
12lacked capacity to consent.
13    (g) Civil Liability. A civil cause of action exists for
14financial exploitation of an elderly person or a person with a
15disability as described in subsection (a) of this Section. A
16person against whom a civil judgment has been entered for
17financial exploitation of an elderly person or person with a
18disability shall be liable to the victim or to the estate of
19the victim in damages of treble the amount of the value of the
20property obtained, plus reasonable attorney fees and court
21costs. In a civil action under this subsection, the burden of
22proof that the defendant committed financial exploitation of an
23elderly person or a person with a disability as described in
24subsection (a) of this Section shall be by a preponderance of
25the evidence. This subsection shall be operative whether or not
26the defendant has been charged or convicted of the criminal

 

 

SB3128- 5 -LRB101 20364 RLC 69910 b

1offense as described in subsection (a) of this Section. This
2subsection (g) shall not limit or affect the right of any
3person to bring any cause of action or seek any remedy
4available under the common law, or other applicable law,
5arising out of the financial exploitation of an elderly person
6or a person with a disability.
7    (h) If a person is charged with financial exploitation of
8an elderly person or a person with a disability that involves
9the taking or loss of property valued at more than $5,000, a
10prosecuting attorney may file a petition with the circuit court
11of the county in which the defendant has been charged to freeze
12the assets of the defendant in an amount equal to but not
13greater than the alleged value of lost or stolen property in
14the defendant's pending criminal proceeding for purposes of
15restitution to the victim. The burden of proof required to
16freeze the defendant's assets shall be by a preponderance of
17the evidence.
18(Source: P.A. 101-394, eff. 1-1-20.)