Full Text of HB1398 95th General Assembly
HB1398eng 95TH GENERAL ASSEMBLY
|
|
|
HB1398 Engrossed |
|
LRB095 06656 RLC 26764 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 12-21 and 16-1.3 as follows:
| 6 |
| (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
| 7 |
| Sec. 12-21. Criminal abuse or neglect of an elderly person | 8 |
| or person
with a disability.
| 9 |
| (a) A person commits the offense of criminal abuse or | 10 |
| neglect of an
elderly person or person with a disability when | 11 |
| he or she is a caregiver and he
or she knowingly:
| 12 |
| (1) performs acts that cause the elderly person or | 13 |
| person with a
disability's life to be
endangered, health to | 14 |
| be injured, or pre-existing physical or mental
condition to | 15 |
| deteriorate; or
| 16 |
| (2) fails to perform acts that he or she knows or
| 17 |
| reasonably should know are
necessary to maintain or | 18 |
| preserve the life or health of the elderly person
or person | 19 |
| with a disability and such failure causes the elderly
| 20 |
| person or person with a disability's
life to be endangered, | 21 |
| health to be injured or pre-existing physical or
mental | 22 |
| condition to deteriorate; or
| 23 |
| (3) abandons the elderly person or person with a
|
|
|
|
HB1398 Engrossed |
- 2 - |
LRB095 06656 RLC 26764 b |
|
| 1 |
| disability; or
| 2 |
| (4) physically abuses, harasses, intimidates, or | 3 |
| interferes with the
personal liberty of the elderly person | 4 |
| or person with a
disability or exposes the
elderly person | 5 |
| or person with a disability to willful
deprivation.
| 6 |
| Criminal abuse or neglect of an elderly person or
person | 7 |
| with a disability is a Class 3 felony.
Criminal neglect of an | 8 |
| elderly person or person with a disability is a Class
2 felony | 9 |
| if the criminal
neglect results in the death of the person | 10 |
| neglected for which the defendant,
if sentenced to a term of | 11 |
| imprisonment, shall be sentenced
to a term of not less than 3 | 12 |
| years and not more than 14 years.
| 13 |
| (b) For purposes of this Section:
| 14 |
| (1) "Elderly person" means a person 60
years of age or | 15 |
| older who is incapable of
adequately providing for his own | 16 |
| health and personal care.
| 17 |
| (2) "Person with a disability" means a person who
| 18 |
| suffers from a permanent physical or mental impairment, | 19 |
| resulting from
disease, injury, functional disorder or | 20 |
| congenital condition which renders
such person incapable | 21 |
| of adequately providing for his own health and personal
| 22 |
| care.
| 23 |
| (3) "Caregiver" means a person who
has a duty to | 24 |
| provide for an elderly person or person with a
disability's | 25 |
| health and
personal care, at such person's place of | 26 |
| residence, including but not
limited to, food and |
|
|
|
HB1398 Engrossed |
- 3 - |
LRB095 06656 RLC 26764 b |
|
| 1 |
| nutrition, shelter, hygiene, prescribed medication and
| 2 |
| medical care and treatment.
| 3 |
| "Caregiver" shall include:
| 4 |
| (A) a parent, spouse, adult child or other relative | 5 |
| by blood or marriage
who resides with or resides in the | 6 |
| same building with or regularly
visits
the elderly | 7 |
| person or person with a disability, knows
or reasonably | 8 |
| should know of such person's physical or mental | 9 |
| impairment
and knows or reasonably should know that | 10 |
| such person is unable to
adequately provide for his own | 11 |
| health and personal care;
| 12 |
| (B) a person who is employed by the elderly person | 13 |
| or
person with a disability or by
another to reside | 14 |
| with or regularly visit the elderly person or person | 15 |
| with a disability
and provide for such person's health | 16 |
| and personal care;
| 17 |
| (C) a person who has agreed for consideration to | 18 |
| reside with or
regularly visit the elderly person or | 19 |
| person with a
disability and provide for such
person's | 20 |
| health and personal care; and
| 21 |
| (D) a person who has been appointed by a private or | 22 |
| public agency or by
a court of competent jurisdiction | 23 |
| to provide for the elderly person or
person with a | 24 |
| disability's health and personal care.
| 25 |
| "Caregiver" shall not include a long-term care | 26 |
| facility licensed or
certified under the Nursing Home Care |
|
|
|
HB1398 Engrossed |
- 4 - |
LRB095 06656 RLC 26764 b |
|
| 1 |
| Act or any administrative, medical or
other personnel of | 2 |
| such a facility, or a health care provider who is licensed
| 3 |
| under the Medical Practice Act of 1987 and renders care in | 4 |
| the ordinary
course of his profession.
| 5 |
| (4) "Abandon" means to desert or knowingly forsake an
| 6 |
| elderly person or person with a disability under
| 7 |
| circumstances in which a reasonable person
would continue | 8 |
| to provide care and custody.
| 9 |
| (5) "Willful deprivation" has the meaning ascribed to | 10 |
| it in paragraph
(15) of Section 103 of the Illinois | 11 |
| Domestic Violence Act of 1986.
| 12 |
| (c) Nothing in this Section shall be construed to limit the | 13 |
| remedies
available to the victim under the Illinois Domestic | 14 |
| Violence Act.
| 15 |
| (d) Nothing in this Section shall be construed to impose | 16 |
| criminal
liability on a person who has made a good faith effort | 17 |
| to provide for the
health and personal care of an elderly | 18 |
| person or person
with
a disability, but through no
fault of his | 19 |
| own has been unable to provide such care.
| 20 |
| (e) Nothing in this Section shall be construed as | 21 |
| prohibiting a person
from providing treatment by spiritual | 22 |
| means through prayer alone and care
consistent therewith in | 23 |
| lieu of medical care and treatment in accordance
with the | 24 |
| tenets and practices of any church or religious denomination of
| 25 |
| which the elderly person or person with a disability is a
| 26 |
| member.
|
|
|
|
HB1398 Engrossed |
- 5 - |
LRB095 06656 RLC 26764 b |
|
| 1 |
| (f) It is not a defense to criminal abuse or neglect of an | 2 |
| elderly person or
person with a disability that the accused | 3 |
| reasonably believed that the victim
was not an elderly person | 4 |
| or person with a disability.
| 5 |
| (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
| 6 |
| (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
| 7 |
| Sec. 16-1.3. Financial exploitation of an elderly person or | 8 |
| a
person with a disability.
| 9 |
| (a) A person commits the offense of financial exploitation | 10 |
| of an elderly
person or a person with a disability when he or | 11 |
| she stands in a
position of trust
or confidence with the
| 12 |
| elderly person or a person with a disability
and he
or she | 13 |
| knowingly and by
deception or
intimidation obtains control over | 14 |
| the property of an elderly person or
a person
with a disability
| 15 |
| or illegally uses the assets or resources of an elderly person | 16 |
| or a
person with a disability. The illegal use of the assets or | 17 |
| resources of an
elderly person or a person with a disability | 18 |
| includes, but is not limited
to, the misappropriation of those | 19 |
| assets or resources by undue influence,
breach of a fiduciary | 20 |
| relationship, fraud, deception, extortion, or
use of the assets | 21 |
| or resources contrary to law.
| 22 |
| Financial exploitation of an elderly person or a person
| 23 |
| with a
disability is a Class 4
felony if the value of the | 24 |
| property is $300 or less, a Class 3 felony if
the value of the | 25 |
| property is more than $300 but less than $5,000, a Class 2
|
|
|
|
HB1398 Engrossed |
- 6 - |
LRB095 06656 RLC 26764 b |
|
| 1 |
| felony if the value of the property is $5,000 or more but less | 2 |
| than
$100,000 and a Class 1 felony if the value of the property | 3 |
| is $100,000 or more
or if the elderly person is over 70 years | 4 |
| of age and the value of the
property is $15,000 or more or if | 5 |
| the elderly person is 80 years of age or
older and the value of | 6 |
| the property is $5,000 or more.
| 7 |
| (b) For purposes of this Section:
| 8 |
| (1) "Elderly person" means a person 60
years of age or | 9 |
| older.
| 10 |
| (2) "Person with a disability" means a person who
| 11 |
| suffers from a permanent physical or mental impairment | 12 |
| resulting from
disease, injury, functional disorder or | 13 |
| congenital condition that impairs the
individual's mental | 14 |
| or physical ability to independently manage his or her
| 15 |
| property or financial resources, or both.
| 16 |
| (3) "Intimidation" means the communication to an | 17 |
| elderly person or a
person with a disability that he or she | 18 |
| shall be deprived of food and
nutrition,
shelter, | 19 |
| prescribed
medication or medical care and treatment.
| 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 |
|
|
|
HB1398 Engrossed |
- 7 - |
LRB095 06656 RLC 26764 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 |
| (c) For purposes of this Section, a person stands in a | 6 |
| position of
trust and confidence with an elderly person or | 7 |
| person with a
disability when he (1) is a
parent, spouse, adult | 8 |
| child or other relative by blood or marriage of the
elderly | 9 |
| person or person with a disability, (2) is a joint
tenant or
| 10 |
| tenant in common with
the elderly person or person with a | 11 |
| disability, (3) has
a legal or
fiduciary relationship
with the | 12 |
| elderly person or person with a disability, or (4) is a | 13 |
| financial
planning or investment professional.
| 14 |
| (d) Nothing in this Section shall be construed to limit the | 15 |
| remedies
available to the victim under the Illinois Domestic | 16 |
| Violence Act of 1986.
| 17 |
| (e) Nothing in this Section shall be construed to impose | 18 |
| criminal
liability on a person who has made a good faith effort | 19 |
| to assist the
elderly person or person with a disability in the
| 20 |
| management of his or her
property, but through
no fault of his | 21 |
| or her own has been unable to provide such assistance.
| 22 |
| (f) It shall not be a defense to financial exploitation of | 23 |
| an elderly
person or person with a disability that the accused | 24 |
| reasonably believed
that the victim was
not an elderly person | 25 |
| or person with a disability.
| 26 |
| (g) Civil Liability. A person who is charged by information |
|
|
|
HB1398 Engrossed |
- 8 - |
LRB095 06656 RLC 26764 b |
|
| 1 |
| or
indictment with the offense of financial exploitation of an | 2 |
| elderly person
or person with a disability and who fails or | 3 |
| refuses to return
the victim's property
within 60 days | 4 |
| following a written demand from the victim or the victim's
| 5 |
| legal representative shall be liable to the victim or to the | 6 |
| estate of the
victim in damages of treble the amount of the | 7 |
| value of the property
obtained, plus reasonable attorney fees | 8 |
| and court costs. The burden of
proof that the defendant | 9 |
| unlawfully obtained the victim's property shall be
by a | 10 |
| preponderance of the evidence. This subsection shall be | 11 |
| operative
whether or not the defendant has been convicted of | 12 |
| the offense.
| 13 |
| (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
|
|