Full Text of HB4024 94th General Assembly
HB4024 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4024
Introduced 2/28/2005, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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320 ILCS 20/2 |
from Ch. 23, par. 6602 |
320 ILCS 20/4 |
from Ch. 23, par. 6604 |
320 ILCS 20/5 |
from Ch. 23, par. 6605 |
320 ILCS 20/8 |
from Ch. 23, par. 6608 |
320 ILCS 20/8.5 new |
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320 ILCS 20/9 |
from Ch. 23, par. 6609 |
320 ILCS 20/13 |
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720 ILCS 5/16-1.3 |
from Ch. 38, par. 16-1.3 |
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Amends the Elder Abuse and Neglect Act and the Criminal Code of 1961. In the Elder Abuse and Neglect Act: (1) in the definition of "mandated reporter", removes references to "professional" and adds certain financial institutions as mandated reporters; (2) adds definitions of "protective services" and "self-neglect", and requires that suspected self-neglect be reported under the Act; (3) requires that a law enforcement officer accompany the representative of a provider agency on the first visit to a victim; (4) makes changes concerning the investigation of reports under the Act; (5) adds entities entitled to access to records of reports under the Act; (6) provides for cooperation between the Department on Aging and local law enforcement agencies; (7) authorizes actions to be taken in an emergency; and (8) makes other changes. In provisions of the Criminal Code of 1961 concerning the offense of financial exploitation of an elderly person or a person with a disability, (i) in the definition of "person with a disability", removes a reference to a "permanent" impairment and (ii) provides that "intimidation" also means the communication to an elderly person or a person with a disability that he or she will be unnecessarily moved from his or her current residence to another residence or to a facility.
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A BILL FOR
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HB4024 |
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LRB094 06198 DRJ 41857 b |
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elder Abuse and Neglect Act is amended by | 5 |
| changing Sections 2, 4, 5, 8, 9, and 13 and by adding Section | 6 |
| 8.5 as follows:
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| (320 ILCS 20/2) (from Ch. 23, par. 6602)
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| Sec. 2. Definitions. As used in this Act, unless the | 9 |
| context
requires otherwise:
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| (a) "Abuse" means causing any physical, mental or sexual | 11 |
| injury to an
eligible adult, including exploitation of such | 12 |
| adult's financial resources.
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| Nothing in this Act shall be construed to mean that an | 14 |
| eligible adult is a
victim of abuse or neglect for the sole | 15 |
| reason that he or she is being
furnished with or relies upon | 16 |
| treatment by spiritual means through prayer
alone, in | 17 |
| accordance with the tenets and practices of a recognized church
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| or religious denomination.
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| Nothing in this Act shall be construed to mean that an | 20 |
| eligible adult is a
victim of abuse because of health care | 21 |
| services provided or not provided by
licensed health care | 22 |
| professionals.
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| (a-5) "Abuser" means a person who abuses, neglects, or | 24 |
| financially
exploits an eligible adult.
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| (a-7) "Caregiver" means a person who either as a result of | 26 |
| a family
relationship, voluntarily, or in exchange for | 27 |
| compensation has assumed
responsibility for all or a portion of | 28 |
| the care of an eligible adult who needs
assistance with | 29 |
| activities of daily
living.
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| (b) "Department" means the Department on Aging of the State | 31 |
| of Illinois.
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| (c) "Director" means the Director of the Department.
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| (d) "Domestic living situation" means a residence where the | 2 |
| eligible
adult lives alone or with his or her family or a | 3 |
| caregiver, or others,
or a board and care home or other | 4 |
| community-based unlicensed facility, but
is not:
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| (1) A licensed facility as defined in Section 1-113 of | 6 |
| the Nursing Home
Care Act;
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| (2) A "life care facility" as defined in the Life Care | 8 |
| Facilities Act;
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| (3) A home, institution, or other place operated by the | 10 |
| federal
government or agency thereof or by the State of | 11 |
| Illinois;
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| (4) A hospital, sanitarium, or other institution, the | 13 |
| principal activity
or business of which is the diagnosis, | 14 |
| care, and treatment of human illness
through the | 15 |
| maintenance and operation of organized facilities | 16 |
| therefor,
which is required to be licensed under the | 17 |
| Hospital Licensing Act;
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| (5) A "community living facility" as defined in the | 19 |
| Community Living
Facilities Licensing Act;
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| (6) A "community residential alternative" as defined | 21 |
| in the Community
Residential Alternatives Licensing Act; | 22 |
| and
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| (7) A "community-integrated living arrangement" as | 24 |
| defined in
the Community-Integrated Living Arrangements | 25 |
| Licensure and Certification Act.
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| (e) "Eligible adult" means a person 60 years of age or | 27 |
| older who
resides in a domestic living situation and is, or is | 28 |
| alleged
to be, abused, neglected, or financially exploited by | 29 |
| another individual.
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| (f) "Emergency" means a situation in which an eligible | 31 |
| adult is living
in conditions presenting a risk of death or | 32 |
| physical, mental or sexual
injury and the provider agency has | 33 |
| reason to believe the eligible adult is
unable to
consent to | 34 |
| services which would alleviate that risk.
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| (f-5) "Mandated reporter" means any of the following | 36 |
| persons
while engaged in carrying out their professional
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| duties:
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| (1) a person
professional or professional's delegate
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| while engaged in: (i) social
services, (ii) law | 4 |
| enforcement, (iii) education, (iv) the care of an eligible
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| adult or eligible adults, or (v) any of the occupations | 6 |
| required to be licensed
under
the Clinical Psychologist | 7 |
| Licensing Act, the Clinical Social Work and Social
Work | 8 |
| Practice Act, the Illinois Dental Practice Act, the | 9 |
| Dietetic and Nutrition
Services Practice Act, the Marriage | 10 |
| and Family Therapy Licensing Act, the
Medical Practice Act | 11 |
| of 1987, the Naprapathic Practice Act, the
Nursing and | 12 |
| Advanced Practice Nursing Act, the Nursing Home
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| Administrators Licensing and
Disciplinary Act, the | 14 |
| Illinois Occupational Therapy Practice Act, the Illinois
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| Optometric Practice Act of 1987, the Pharmacy Practice Act | 16 |
| of 1987, the
Illinois Physical Therapy Act, the Physician | 17 |
| Assistant Practice Act of 1987,
the Podiatric Medical | 18 |
| Practice Act of 1987, the Respiratory Care Practice
Act,
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| the Professional Counselor and
Clinical Professional | 20 |
| Counselor Licensing Act, the Illinois Speech-Language
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| Pathology and Audiology Practice Act, the Veterinary | 22 |
| Medicine and Surgery
Practice Act of 2004, and the Illinois | 23 |
| Public Accounting Act;
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| (2) an employee of a vocational rehabilitation | 25 |
| facility prescribed or
supervised by the Department of | 26 |
| Human Services;
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| (3) an administrator, employee, or person providing | 28 |
| services in or through
an unlicensed community based | 29 |
| facility;
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| (4) a Christian Science Practitioner;
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| (5) field personnel of the Department of Public Aid, | 32 |
| Department of Public
Health, and Department of Human | 33 |
| Services, and any county or
municipal health department;
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| (6) personnel of the Department of Human Services, the | 35 |
| Guardianship and
Advocacy Commission, the State Fire | 36 |
| Marshal, local fire departments, the
Department on Aging |
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LRB094 06198 DRJ 41857 b |
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| and its subsidiary Area Agencies on Aging and provider
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| agencies, and the Office of State Long Term Care Ombudsman;
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| (7) any employee of the State of Illinois not otherwise | 4 |
| specified herein
who is involved in providing services to | 5 |
| eligible adults, including
professionals providing medical | 6 |
| or rehabilitation services and all
other persons having | 7 |
| direct contact with eligible adults;
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| (8) a person who performs the duties of a coroner
or | 9 |
| medical examiner; or
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| (9) a person who performs the duties of a paramedic or | 11 |
| an emergency
medical
technician ; . | 12 |
| (10) any bank, savings and loan, or credit union | 13 |
| officer, trustee, or employee; or | 14 |
| (11) any ambulatory currency exchange or community | 15 |
| currency exchange, as defined in the Currency Exchange Act, | 16 |
| or the
employees of such a currency exchange.
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| (g) "Neglect" means
another individual's failure to | 18 |
| provide an eligible
adult with or willful withholding from an | 19 |
| eligible adult the necessities of
life including, but not | 20 |
| limited to, food, clothing, shelter or medical care.
This | 21 |
| subsection does not create any new affirmative duty to provide | 22 |
| support to
eligible adults. Nothing in this Act shall be | 23 |
| construed to mean that an
eligible adult is a victim of neglect | 24 |
| because of health care services provided
or not provided by | 25 |
| licensed health care professionals. | 26 |
| (g-5) "Protective services" means services to protect an | 27 |
| eligible adult from further occurrences of abuse, | 28 |
| self-neglect, neglect, or financial exploitation. Such | 29 |
| services may include, but are not limited to, protective | 30 |
| supervision, placement, and in-home or community-based | 31 |
| services.
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| (h) "Provider agency" means any public or nonprofit agency | 33 |
| in a planning
and service area appointed by the regional | 34 |
| administrative agency with prior
approval by the Department on | 35 |
| Aging to receive and assess reports of
alleged or suspected | 36 |
| abuse, neglect, or financial exploitation.
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| (i) "Regional administrative agency" means any public or | 2 |
| nonprofit
agency in a planning and service area so designated | 3 |
| by the Department,
provided that the designated Area Agency on | 4 |
| Aging shall be designated the
regional administrative agency if | 5 |
| it so requests.
The Department shall assume the functions of | 6 |
| the regional administrative
agency for any planning and service | 7 |
| area where another agency is not so
designated. | 8 |
| (i-5) "Self-neglect" means an eligible person's failure, | 9 |
| without respect to cause, to perform essential self-care tasks, | 10 |
| including, but not limited to: providing essential food | 11 |
| clothing, shelter, and medical care; obtaining goods and | 12 |
| services necessary to maintain physical health, mental health, | 13 |
| emotional well-being, and general safety; or managing | 14 |
| financial affairs.
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| (j) "Substantiated case" means a reported case of alleged | 16 |
| or suspected
abuse, neglect, or financial exploitation in which | 17 |
| a provider agency,
after assessment, determines that there is | 18 |
| reason to believe abuse,
neglect, or financial exploitation has | 19 |
| occurred.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03; | 21 |
| 93-300, eff. 1-1-04;
revised 9-22-03.)
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| (320 ILCS 20/4) (from Ch. 23, par. 6604)
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| Sec. 4. Reports of abuse or neglect.
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| (a) Any person who suspects the abuse,
self-neglect,
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| neglect, or financial exploitation of an eligible adult may
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| report
this suspicion to an agency designated to receive such
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| reports under this Act or to the Department.
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| (a-5) If any mandated reporter has reason to believe that | 29 |
| an eligible
adult ,
who because of dysfunction is unable to seek | 30 |
| assistance for himself or herself,
has, within the previous 12 | 31 |
| months, been subjected to abuse, self-neglect, neglect, or
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| financial exploitation, the mandated reporter shall, within 24 | 33 |
| hours after
developing
such belief, report this suspicion to an | 34 |
| agency designated to receive such
reports under this Act or
to | 35 |
| the Department. Whenever a mandated reporter
is required to |
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LRB094 06198 DRJ 41857 b |
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| report under this Act in his or her capacity as a member of
the | 2 |
| staff of a medical or other public or private institution, | 3 |
| facility,
board and care home, or agency, he or she shall make | 4 |
| a report
to an agency designated to receive such
reports under | 5 |
| this Act or
to the Department in accordance
with the provisions | 6 |
| of this Act and may also notify the person in charge of
the | 7 |
| institution, facility, board and care home, or agency or his or | 8 |
| her
designated agent that the
report has been made. Under no | 9 |
| circumstances shall any person in charge of
such institution, | 10 |
| facility, board and care home, or agency, or his or her
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| designated agent to whom
the notification has been made, | 12 |
| exercise any control, restraint,
modification, or other change | 13 |
| in the report or the forwarding of the report
to an agency | 14 |
| designated to receive such
reports under this Act or
to the | 15 |
| Department. The privileged quality of communication between | 16 |
| any
professional
person required to report
and his or her | 17 |
| patient or client shall not apply to situations involving
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| abused, self-neglected, neglected, or financially exploited | 19 |
| eligible adults and shall not
constitute
grounds for failure to
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| report
as required by this Act.
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| (a-7) A person making a report
under this Act in the belief | 22 |
| that it is in the alleged victim's best
interest shall be | 23 |
| immune from criminal or civil liability or professional
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| disciplinary action on account of making the report, | 25 |
| notwithstanding any
requirements concerning the | 26 |
| confidentiality of information with respect to
such eligible | 27 |
| adult which might otherwise be applicable.
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| (a-9) Law enforcement officers
shall continue to report | 29 |
| incidents of alleged abuse pursuant to the
Illinois Domestic | 30 |
| Violence Act of 1986, notwithstanding any requirements
under | 31 |
| this Act.
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| (b) Any person, institution or agency participating in the | 33 |
| making of
a report, providing
information or records related to | 34 |
| a report, assessment, or services, or
participating in the | 35 |
| investigation of a report under
this Act in good faith, or | 36 |
| taking photographs or x-rays as a result of an
authorized |
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| assessment, shall have immunity from any civil, criminal or
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| other liability in any civil, criminal or other proceeding | 3 |
| brought in
consequence of making such report or assessment or | 4 |
| on account of submitting
or otherwise disclosing such | 5 |
| photographs or x-rays to any agency designated
to receive | 6 |
| reports of alleged or suspected abuse or neglect. Any person,
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| institution or agency authorized by the Department to provide | 8 |
| assessment,
intervention, or administrative services under | 9 |
| this Act shall, in the good
faith performance of those | 10 |
| services, have immunity from any civil, criminal
or other | 11 |
| liability in any civil, criminal, or other proceeding brought | 12 |
| as a
consequence of the performance of those services.
For the | 13 |
| purposes of any civil, criminal, or other proceeding, the good | 14 |
| faith
of any person required to report, permitted to report, or | 15 |
| participating in an
investigation of a report of alleged or | 16 |
| suspected abuse, neglect, or
financial exploitation shall be
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| presumed.
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| (c) The identity of a person making a report of alleged or | 19 |
| suspected
abuse or neglect under this Act may be disclosed by | 20 |
| the Department
or other agency provided for in this Act only | 21 |
| with such person's written
consent or by court order.
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| (d) The Department shall by rule establish a system for | 23 |
| filing and
compiling reports made under this Act.
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| (e) Any physician who willfully fails to report as required | 25 |
| by this Act
shall be referred to the Illinois State Medical | 26 |
| Disciplinary Board for action
in accordance with subdivision | 27 |
| (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 28 |
| dentist or dental hygienist who willfully fails to report as
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| required by this Act shall be referred to the Department of | 30 |
| Professional
Regulation for action in accordance with | 31 |
| paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 32 |
| Any other mandated reporter required by
this Act to report | 33 |
| suspected abuse, neglect, or financial exploitation who
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| willfully fails to report the same is guilty of a Class A | 35 |
| misdemeanor.
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| (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04.)
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LRB094 06198 DRJ 41857 b |
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| (320 ILCS 20/5) (from Ch. 23, par. 6605)
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| Sec. 5. Procedure.
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| (a) A provider agency designated to receive reports
of | 4 |
| alleged or suspected abuse, self-neglect, neglect, or | 5 |
| financial
exploitation under
this Act shall, upon
receiving | 6 |
| such a report, conduct a face-to-face assessment with respect | 7 |
| to
such report. The assessment shall include, but not be | 8 |
| limited to, a visit
to the residence of the eligible adult who | 9 |
| is the subject of the report and
may include interviews or | 10 |
| consultations with service agencies or
individuals who may have | 11 |
| knowledge of the eligible adult's circumstances. A law | 12 |
| enforcement officer shall accompany the representative of the | 13 |
| provider agency on the first visit to the alleged victim.
If, | 14 |
| after the assessment, the provider agency determines that the | 15 |
| case is
substantiated it shall develop a service care plan for | 16 |
| the eligible adult.
In developing the plan, the provider agency | 17 |
| may consult with any other
appropriate provider of services, | 18 |
| and such providers shall be immune from
civil or criminal | 19 |
| liability on account of such acts. The plan shall
include | 20 |
| alternative suggested or recommended
services which are | 21 |
| appropriate to the needs of the eligible adult and which
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| involve the least restriction of the eligible adult's | 23 |
| activities
commensurate with his or her needs. Only those | 24 |
| services to which consent
is
provided in accordance with | 25 |
| Section 9 of this Act shall be provided,
contingent upon the | 26 |
| availability of such services.
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| (b) A provider agency shall refer evidence of crimes | 28 |
| against an eligible
adult to the appropriate law enforcement | 29 |
| agency according to Department
policies. A referral to law | 30 |
| enforcement may be made at intake or any time
during the case. | 31 |
| Where a provider agency has reason to believe the death of an
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| eligible adult may be the result of abuse or neglect, the | 33 |
| agency shall
immediately report the matter to the coroner or | 34 |
| medical examiner and shall
cooperate fully with any subsequent | 35 |
| investigation. |
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| (c) If any person refuses to allow the provider agency to | 2 |
| begin
an investigation, interferes with the provider agency's | 3 |
| ability to
conduct an investigation, or refuses to give access | 4 |
| to an eligible
adult, the appropriate law enforcement agency | 5 |
| must be contacted to assist in the investigation. | 6 |
| (d) A representative of a provider agency or a law | 7 |
| enforcement officer, while investigating a report of alleged or | 8 |
| suspected abuse, self-neglect, neglect, or financial | 9 |
| exploitation, may take or cause to be taken photographs, | 10 |
| videotapes, and digital or electronic recordings of the | 11 |
| eligible adult, and of his or her environment, that are | 12 |
| relevant to the investigation. All photographs, videotapes, | 13 |
| and digital or electronic recordings taken during the course of | 14 |
| the investigation are to be treated as records and shall be | 15 |
| used only as other records are allowed to be used under this | 16 |
| Act. | 17 |
| (e) If a provider agency has reason to believe that records | 18 |
| not in its possession would be of assistance in an | 19 |
| investigation of suspected abuse, self-neglect, neglect, or | 20 |
| financial exploitation under this Act, then the provider agency | 21 |
| may petition the chief judge, or another judge designated by | 22 |
| the chief judge, of the judicial circuit in which the eligible | 23 |
| adult resides for the issuance of a subpoena to the holder of | 24 |
| the records sought by the
provider agency. Upon a showing by | 25 |
| the provider agency that the records are relevant to the | 26 |
| investigation and upon notice to the holder of the records and | 27 |
| notice to the eligible adult or his or her guardian, the court | 28 |
| shall direct that a subpoena shall issue to the holder of the | 29 |
| records. All records disclosed pursuant to a subpoena issued | 30 |
| under this Section shall be treated as records under Section 8 | 31 |
| of this Act.
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| (Source: P.A. 90-628, eff. 1-1-99.)
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| (320 ILCS 20/8) (from Ch. 23, par. 6608)
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| Sec. 8. Access to records. All records concerning reports | 35 |
| of elder abuse,
neglect, and financial exploitation and all |
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LRB094 06198 DRJ 41857 b |
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| records generated as a result of
such reports shall be | 2 |
| confidential and shall not be disclosed except as
specifically | 3 |
| authorized by this Act or other applicable law. Access to such
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| records, but not access to the identity of the person or | 5 |
| persons making a
report of alleged abuse, neglect, or financial | 6 |
| exploitation as contained in
such records, shall be allowed to | 7 |
| the following persons and for the following
persons:
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| (1) Department staff, provider agency staff, other aging | 9 |
| network staff, and
regional administrative agency staff in the | 10 |
| furtherance of their
responsibilities under this Act or the | 11 |
| Illinois Act on the Aging ;
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| (2) A law enforcement agency investigating known or | 13 |
| suspected
elder abuse, neglect, or financial exploitation. | 14 |
| Where a provider
agency has reason to believe that the
death of | 15 |
| an eligible adult may be the result of abuse or neglect, the | 16 |
| agency
shall immediately provide the appropriate law | 17 |
| enforcement agency with all
records pertaining to the eligible | 18 |
| adult;
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| (3) A physician who has before him or her or who is | 20 |
| involved
in the treatment of an eligible adult whom he or she | 21 |
| reasonably suspects
may be abused, neglected, or financially | 22 |
| exploited or who has been
referred to the Elder Abuse and | 23 |
| Neglect Program;
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| (4) An eligible adult reported to be abused,
neglected, or | 25 |
| financially exploited, or such adult's guardian unless such
| 26 |
| guardian is the abuser or the alleged abuser;
| 27 |
| (5) A court or a guardian ad litem, upon its or his or
her | 28 |
| finding that access to such records may be
necessary for the | 29 |
| determination of an issue before the court.
However,
such | 30 |
| access shall be limited to an in camera inspection of the | 31 |
| records,
unless the court determines that disclosure of the | 32 |
| information contained
therein is necessary for the resolution | 33 |
| of an issue then pending before it;
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| (6) A grand jury, upon its determination that access to | 35 |
| such
records is necessary in the conduct of its official | 36 |
| business;
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| (7) Any person authorized by the Director, in writing, for
| 2 |
| audit or bona fide research purposes;
| 3 |
| (8) A coroner or medical examiner who has reason to believe
| 4 |
| that an eligible adult has died as the result of abuse, | 5 |
| neglect,
or financial exploitation. The provider agency shall | 6 |
| immediately provide the
coroner
or medical examiner with all | 7 |
| records pertaining to the eligible adult; and
| 8 |
| (9) Department of Professional Regulation staff
and | 9 |
| members of the Social Work Examining and Disciplinary Board in | 10 |
| the course
of investigating alleged violations of the Clinical | 11 |
| Social Work and Social Work
Practice Act by provider agency | 12 |
| staff ; . | 13 |
| (10) The State's Attorney of the judicial circuit in which | 14 |
| the eligible adult resides or in which the alleged crime | 15 |
| occurred or the Office of the Attorney General, or their | 16 |
| authorized representatives,
after the law enforcement agency | 17 |
| with jurisdiction over the matter opens a criminal | 18 |
| investigation; and | 19 |
| (11) Municipal, county, or other governmental departments | 20 |
| or units with a primary responsibility of addressing aging | 21 |
| issues, the City of Chicago Department on Aging, State Area | 22 |
| Agencies on Aging, and their delegate agencies or councils, | 23 |
| after a provider agency has initiated an investigation.
| 24 |
| (Source: P.A. 89-387, eff. 8-20-95; 90-628, eff. 1-1-99 .)
| 25 |
| (320 ILCS 20/8.5 new) | 26 |
| Sec. 8.5. Cooperation with law enforcement agencies. | 27 |
| (a) Within one year
after the effective date of this | 28 |
| amendatory Act of the 94th General Assembly, the
Department | 29 |
| shall enter into working agreements with the
jurisdictionally | 30 |
| responsible county sheriff's office or local
police department | 31 |
| or, when applicable, both, that will be the lead law | 32 |
| enforcement agency when conducting any criminal investigation | 33 |
| arising from allegations of abuse, neglect, or financial | 34 |
| exploitation of an eligible adult. The working agreements must | 35 |
| specify how the requirements of this Act will be met. |
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LRB094 06198 DRJ 41857 b |
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| 1 |
| (b) The Department and all provider agencies shall work | 2 |
| with any law enforcement agency conducting any criminal | 3 |
| investigation arising from allegations of abuse, neglect, or | 4 |
| financial exploitation of an eligible adult. The Department, | 5 |
| all provider agencies, and law enforcement agencies shall | 6 |
| cooperate to allow the criminal investigation to proceed | 7 |
| concurrently with, and not be hindered by, any investigations | 8 |
| conducted by provider agencies. | 9 |
| (c) Upon request of the law enforcement agency, the | 10 |
| Department and all provider agencies shall provide, to any law | 11 |
| enforcement agency conducting any criminal investigation | 12 |
| arising from allegations of abuse, neglect, or financial | 13 |
| exploitation of an eligible adult, all relevant information and | 14 |
| records from provider agency investigations. | 15 |
| (d) Any law enforcement officer may make an arrest without | 16 |
| a warrant if the officer has probable cause to believe that the | 17 |
| person has committed or is committing any crime, including, but | 18 |
| not limited to, criminal abuse or neglect of an elderly person | 19 |
| under
Section 12-21 of the Criminal Code of 1961 or a violation | 20 |
| of an order of protection under Section 12-30 of the Criminal | 21 |
| Code of 1961, even if the crime was not committed in the | 22 |
| presence of the officer. The law enforcement officer may verify | 23 |
| the existence of an order of protection under Section 12-30 of | 24 |
| the Criminal Code of 1961 by telephone or radio communication | 25 |
| with his or her law enforcement agency or by referring to the | 26 |
| copy of the order provided by the petitioner or respondent.
| 27 |
| (320 ILCS 20/9) (from Ch. 23, par. 6609)
| 28 |
| Sec. 9. Authority to consent to services.
| 29 |
| (a) If an eligible adult
consents to services being | 30 |
| provided according
to the service care plan, such services | 31 |
| shall be arranged to meet the
adult's needs, based upon the | 32 |
| availability of resources to provide such
services. If an adult | 33 |
| withdraws his or her consent or refuses to accept
such | 34 |
| services, the services shall not be provided , except as allowed | 35 |
| under subsection (f) of this Section .
|
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| 1 |
| (b) If it reasonably appears to the Department or other | 2 |
| agency
designated under this Act that a person is an eligible | 3 |
| adult and lacks the
capacity to consent to necessary services, | 4 |
| including an assessment, the
Department or other agency
may | 5 |
| seek the appointment of a guardian as provided in Article XIa
| 6 |
| of the Probate Act of 1975 for the purpose of consenting to | 7 |
| such services.
| 8 |
| (c) A guardian of the person of an eligible adult may | 9 |
| consent to
services being provided according to the service | 10 |
| care plan. If a guardian
withdraws his or her consent or | 11 |
| refuses to allow services to be provided to
the
eligible adult, | 12 |
| the Department, an agency designated under this Act, or the
| 13 |
| office of the Attorney General may
request a court order | 14 |
| seeking appropriate remedies, and may
in
addition request | 15 |
| removal of the guardian and appointment of a successor
| 16 |
| guardian.
| 17 |
| (d) If an emergency exists and the Department or other | 18 |
| agency designated
under this Act reasonably believes that a | 19 |
| person is an eligible adult and
lacks the capacity to consent | 20 |
| to necessary services, the Department or
other agency may | 21 |
| request an ex parte order from the circuit court of the
county | 22 |
| in which the petitioner or respondent resides or in which the | 23 |
| alleged
abuse, neglect, or financial exploitation occurred, | 24 |
| authorizing
an
assessment of a report of alleged or suspected | 25 |
| abuse, neglect, or
financial exploitation or the provision of | 26 |
| necessary services, or
both,
including relief available under | 27 |
| the Illinois Domestic Violence Act of 1986.
Petitions filed | 28 |
| under this subsection shall be treated as expedited
| 29 |
| proceedings. This subsection does not limit the actions allowed | 30 |
| under subsection (f) of this Section.
| 31 |
| (e) Within 15 days after the entry of the ex parte | 32 |
| emergency order, the
order shall expire, or, if the need for | 33 |
| assessment or services continues, the
provider agency shall | 34 |
| petition for the appointment of a guardian as provided in
| 35 |
| Article XIa of the Probate Act of 1975 for the purpose of | 36 |
| consenting to such
assessment or services or to protect the |
|
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| eligible adult from further harm. | 2 |
| (f) If the Department or a provider agency has reasonable | 3 |
| cause to believe that an emergency exists, as "emergency" is | 4 |
| defined in this Act, the Department or the provider agency may | 5 |
| take action under this subsection. If the eligible adult has | 6 |
| the capacity to consent and refuses to consent to protective | 7 |
| services, emergency protective services may not be provided. | 8 |
| If, upon arrival at the residence or temporary residence of | 9 |
| the eligible adult, (i) consent is not obtained for access to | 10 |
| the eligible adult for purposes of conducting an investigation | 11 |
| under this Act, (ii) the Department or provider agency has | 12 |
| reason to believe that an emergency exists, as emergency is | 13 |
| defined in this Act, and (iii) the situation presents a risk of | 14 |
| death or serious physical or sexual injury, a representative of | 15 |
| the Department or the provider agency and a law enforcement | 16 |
| officer may forcibly enter the premises. If, after obtaining | 17 |
| access to the eligible adult, it is determined through a | 18 |
| personal assessment of the situation that no emergency exists | 19 |
| and there is no basis for protective services intervention | 20 |
| under this subsection, the Department, provider agency,
and law | 21 |
| enforcement officer shall terminate the emergency entry. | 22 |
| If a forcible entry under this subsection occurs and if, | 23 |
| from the personal observations of the representative of the | 24 |
| Department or the representative of the provider agency or the | 25 |
| law enforcement officer, it is likely that the eligible adult | 26 |
| will incur a risk of death or serious physical or sexual injury | 27 |
| if such person is not immediately removed from the premises, | 28 |
| then the representative of the Department or provider agency | 29 |
| shall transport or arrange for the transportation of the | 30 |
| eligible adult to an appropriate medical or protective services | 31 |
| facility in order to provide protective services. Law | 32 |
| enforcement personnel have a duty to transport when medical | 33 |
| transportation is not available or needed and the eligible | 34 |
| adult presents a threat of injury to self or others. If the | 35 |
| eligible adult's caregiver or guardian is present, the | 36 |
| Department,
provider agency, or law enforcement officer must |
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| seek the caregiver's or guardian's consent before the eligible | 2 |
| adult may be removed from the premises, unless the Department, | 3 |
| provider agency, or law enforcement officer suspects that the | 4 |
| eligible adult's caregiver or guardian has caused the abuse or | 5 |
| neglect. Within 24 hours after providing or arranging for | 6 |
| emergency removal of the eligible adult,
excluding Saturdays, | 7 |
| Sundays, and legal holidays, the Department or provider agency | 8 |
| shall petition for the appointment of a guardian as provided in | 9 |
| Article XIa of the Probate
Act of 1975 for the purposes of | 10 |
| consenting to protective services. | 11 |
| If, upon an eligible adult's admission to a medical | 12 |
| facility, it is the opinion of the medical staff that immediate | 13 |
| medical treatment is necessary to prevent serious physical | 14 |
| injury or death and that such treatment does not violate a | 15 |
| health care advance directive prepared by the eligible adult | 16 |
| and received by the medical staff, the medical facility may | 17 |
| proceed with treatment of the eligible adult.
If a person with | 18 |
| legal authority to give consent for the provision of medical | 19 |
| treatment to an eligible adult has not given or has refused to | 20 |
| give such consent, examination and treatment must be limited to | 21 |
| reasonable examination of the patient to determine the medical | 22 |
| condition of the patient and treatment reasonably necessary to | 23 |
| alleviate the emergency medical condition or to stabilize the | 24 |
| patient pending court determination of a petition for the | 25 |
| appointment of a guardian as provided in Article XIa of the | 26 |
| Probate Act of 1975. | 27 |
| This Section does not limit in any way the authority of a | 28 |
| court, a law enforcement agency, a State's Attorney, the Office | 29 |
| of the Attorney General, or their authorized representatives or | 30 |
| any other duly appointed official, to intervene in emergency | 31 |
| circumstances under any other provision of law. This Section | 32 |
| does not limit the authority of any person to file a petition | 33 |
| for guardianship.
| 34 |
| (Source: P.A. 90-628, eff. 1-1-99.)
| 35 |
| (320 ILCS 20/13)
|
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| 1 |
| Sec. 13. Access.
| 2 |
| (a) The designated provider agencies shall have access to
| 3 |
| eligible adults who have been reported or found to be victims | 4 |
| of abuse,
neglect, or financial exploitation in order to assess | 5 |
| the validity of the
report, assess
other needs of the eligible | 6 |
| adult, and provide services in accordance with this
Act.
| 7 |
| (b) Where access to an eligible adult is denied, the Office | 8 |
| of the Attorney
General, the Department, or the provider agency | 9 |
| may petition the court for an
order to require appropriate | 10 |
| access where:
| 11 |
| (1) a caregiver or third party has interfered with the | 12 |
| assessment or
service plan, or
| 13 |
| (2) the agency has reason to believe that the eligible | 14 |
| adult is denying
access because of coercion, extortion, or | 15 |
| justifiable fear of future abuse,
neglect, or financial | 16 |
| exploitation.
| 17 |
| (c) The petition for an order requiring appropriate access | 18 |
| shall be afforded
an expedited hearing in the circuit court.
| 19 |
| (d) If the elder abuse provider agency has substantiated | 20 |
| financial
exploitation against an eligible adult, and has | 21 |
| documented a reasonable belief
that the eligible adult will be | 22 |
| irreparably harmed as a result of the financial
exploitation, | 23 |
| the Office of the Attorney General, the Department, or the
| 24 |
| provider agency may petition for an order freezing the assets | 25 |
| of the eligible
adult. The petition shall be filed in the | 26 |
| county or counties in which the
assets are located. The court's | 27 |
| order shall prohibit the sale, gifting,
transfer, or wasting of | 28 |
| the assets of the eligible adult, both real and
personal, owned | 29 |
| by, or vested in, the eligible adult, without the express
| 30 |
| permission of the court. The petition to freeze the assets of | 31 |
| the eligible
adult shall be afforded an expedited hearing in | 32 |
| the circuit court. | 33 |
| (e) This Section does not prohibit the actions authorized | 34 |
| in subsection (f) of Section 9 of this Act.
| 35 |
| (Source: P.A. 90-628, eff. 1-1-99.)
|
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| 1 |
| Section 10. The Criminal Code of 1961 is amended by | 2 |
| changing Section 16-1.3 as follows:
| 3 |
| (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
| 4 |
| Sec. 16-1.3. Financial exploitation of an elderly person or | 5 |
| a
person with a disability.
| 6 |
| (a) A person commits the offense of financial exploitation | 7 |
| of an elderly
person or a person with a disability when he or | 8 |
| she stands in a
position of trust
or confidence with the
| 9 |
| elderly person or a person with a disability
and he
or she | 10 |
| knowingly and by
deception or
intimidation obtains control over | 11 |
| the property of an elderly person or
a person
with a disability
| 12 |
| or illegally uses the assets or resources of an elderly person | 13 |
| or a
person with a disability. The illegal use of the assets or | 14 |
| resources of an
elderly person or a person with a disability | 15 |
| includes, but is not limited
to, the misappropriation of those | 16 |
| assets or resources by undue influence,
breach of a fiduciary | 17 |
| relationship, fraud, deception, extortion, or
use of the assets | 18 |
| or resources contrary to law.
| 19 |
| Financial exploitation of an elderly person or a person
| 20 |
| with a
disability is a Class 4
felony if the value of the | 21 |
| property is $300 or less, a Class 3 felony if
the value of the | 22 |
| property is more than $300 but less than $5,000, a Class 2
| 23 |
| felony if the value of the property is $5,000 or more but less | 24 |
| than
$100,000 and a Class 1 felony if the value of the property | 25 |
| is $100,000 or more
or if the elderly person is over 70 years | 26 |
| of age and the value of the
property is $15,000 or more or if | 27 |
| the elderly person is 80 years of age or
older and the value of | 28 |
| the property is $5,000 or more.
| 29 |
| (b) For purposes of this Section:
| 30 |
| (1) "Elderly person" means a person 60
years of age or | 31 |
| older.
| 32 |
| (2) "Person with a disability" means a person who
| 33 |
| suffers from a permanent physical or mental impairment | 34 |
| resulting from
disease, injury, functional disorder or | 35 |
| congenital condition that impairs the
individual's mental |
|
|
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| 1 |
| or physical ability to independently manage his or her
| 2 |
| property or financial resources, or both.
| 3 |
| (3) "Intimidation" means the communication to an | 4 |
| elderly person or a
person with a disability that he or she | 5 |
| shall be deprived of food and
nutrition,
shelter, | 6 |
| prescribed
medication ,
or medical care and treatment , or | 7 |
| contact with that person's family members or care provider. | 8 |
| "Intimidation" also means the communication to an elderly | 9 |
| person or a person with a disability that he or she will be | 10 |
| unnecessarily moved from his or her current residence to | 11 |
| another residence or to a facility .
| 12 |
| (4) "Deception" means, in addition to its meaning as | 13 |
| defined in Section
15-4 of this Code,
a misrepresentation | 14 |
| or concealment of material fact
relating to the terms of a | 15 |
| contract or agreement entered into with the
elderly person | 16 |
| or person with a disability or to the
existing or
| 17 |
| pre-existing condition of
any of the property involved in | 18 |
| such contract or agreement; or the use or
employment of any | 19 |
| misrepresentation, false pretense or false promise in
| 20 |
| order to induce, encourage or solicit the elderly person or
| 21 |
| person with
a disability to
enter into a contract or | 22 |
| agreement.
| 23 |
| (c) For purposes of this Section, a person stands in a | 24 |
| position of
trust and confidence with an elderly person or | 25 |
| person with a
disability when he (1) is a
parent, spouse, adult | 26 |
| child or other relative by blood or marriage of the
elderly | 27 |
| person or person with a disability, (2) is a joint
tenant or
| 28 |
| tenant in common with
the elderly person or person with a | 29 |
| disability, (3) has
a legal or
fiduciary relationship
with the | 30 |
| elderly person or person with a disability, or (4) is a | 31 |
| financial
planning or investment professional.
| 32 |
| (d) Nothing in this Section shall be construed to limit the | 33 |
| remedies
available to the victim under the Illinois Domestic | 34 |
| Violence Act of 1986.
| 35 |
| (e) Nothing in this Section shall be construed to impose | 36 |
| criminal
liability on a person who has made a good faith effort |
|
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| 1 |
| to assist the
elderly person or person with a disability in the
| 2 |
| management of his or her
property, but through
no fault of his | 3 |
| or her own has been unable to provide such assistance.
| 4 |
| (f) It shall not be a defense to financial exploitation of | 5 |
| an elderly
person or person with a disability that the accused | 6 |
| reasonably believed
that the victim was
not an elderly person | 7 |
| or person with a disability.
| 8 |
| (g) Civil Liability. A person who is charged by information | 9 |
| or
indictment with the offense of financial exploitation of an | 10 |
| elderly person
or person with a disability and who fails or | 11 |
| refuses to return
the victim's property
within 60 days | 12 |
| following a written demand from the victim or the victim's
| 13 |
| legal representative shall be liable to the victim or to the | 14 |
| estate of the
victim in damages of treble the amount of the | 15 |
| value of the property
obtained, plus reasonable attorney fees | 16 |
| and court costs. The burden of
proof that the defendant | 17 |
| unlawfully obtained the victim's property shall be
by a | 18 |
| preponderance of the evidence. This subsection shall be | 19 |
| operative
whether or not the defendant has been convicted of | 20 |
| the offense.
| 21 |
| (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
|
|