Illinois General Assembly - Full Text of HB0051
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Full Text of HB0051  93rd General Assembly

HB0051ham001 93rd General Assembly



                                     LRB093 02380 DRJ 10933 a

 1                    AMENDMENT TO HOUSE BILL 0051

 2        AMENDMENT NO.     .  Amend House Bill 0051 on page 1,  by
 3    replacing line 22 with the following:
 4    "diminished    by    the   application   of   this   Section.
 5    Notwithstanding  the  foregoing,  a   person   convicted   of
 6    financial  exploitation,  abuse,  or  neglect  of  an elderly
 7    person shall be entitled to receive property, a  benefit,  or
 8    an  interest  in  any  capacity  and  under any circumstances
 9    described in this subsection (a) if  it  is  demonstrated  by
10    clear and convincing evidence that the victim of that offense
11    knew  of  the  conviction  and  subsequent  to the conviction
12    expressed or ratified his  or  her  intent  to  transfer  the
13    property,  benefit,  or  interest  to the person convicted of
14    financial exploitation,  abuse,  or  neglect  of  an  elderly
15    person  in  any manner contemplated by this subsection (a).";
16    and

17    on page 1, by replacing line 23 with the following:
18        "(b) (1)  The holder  of  any  property  subject  to  the
19    provisions"; and

20    on  page  1,  between  lines  27  and  28,  by  inserting the
21    following:
22             "(2) If the holder is a financial institution, trust
23        company, trustee, or similar entity or person, the holder
                            -2-      LRB093 02380 DRJ 10933 a
 1        shall not be liable for any distribution  or  release  of
 2        the  property,  benefit,  or other interest to the person
 3        convicted of a violation  of  Section  12-19,  12-21,  or
 4        16-1.3  of  the  Criminal  Code of 1961 unless the holder
 5        knowingly distributes or releases the property,  benefit,
 6        or  other interest to the person so convicted after first
 7        having received actual written notice of  the  conviction
 8        in sufficient time to act upon the notice."; and

 9    on page 1, by replacing line 29 with the following:
10    "provisions of this Section knows that a"; and

11    on page 2, by replacing line 4 with the following:
12    "exploitation,  abuse,  or neglect. If the holder is a person
13    or entity that is  subject  to  regulation  by  a  regulatory
14    agency  pursuant  to  the  laws of this or any other state or
15    pursuant to the laws of the United States, including but  not
16    limited to the business of a financial institution, corporate
17    fiduciary,  or  insurance company, then such person or entity
18    shall not be deemed to be in violation of this Section to the
19    extent that privacy laws and regulations applicable  to  such
20    person  or  entity  prevent it from voluntarily providing law
21    enforcement   authorities   or   judicial    officers    with
22    information.".