Full Text of SB0481 95th General Assembly
SB0481sam001 95TH GENERAL ASSEMBLY
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Sen. Dan Cronin
Filed: 3/23/2007
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LRB095 06275 AJO 34469 a |
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| AMENDMENT TO SENATE BILL 481
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| AMENDMENT NO. ______. Amend Senate Bill 481 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Probate Act of 1975 is amended by changing | 5 |
| Sections 2-6.2 and 18-1.1 as follows:
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| (755 ILCS 5/2-6.2)
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| Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | 8 |
| elderly person
or a person with a disability.
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| (a) In this Section:
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| "Abuse" means any offense described in Section 12-21 of the | 11 |
| Criminal Code of
1961.
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| "Financial exploitation" means any offense described in | 13 |
| Section 16-1.3 of the
Criminal Code of 1961.
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| "Neglect" means any offense described in Section 12-19 of | 15 |
| the Criminal Code
of 1961.
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| (b) Persons convicted of financial exploitation,
abuse, or |
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| neglect of an elderly person or a person with a disability | 2 |
| shall not
receive
any property, benefit, or other interest by | 3 |
| reason of the
death of that elderly person or person with a | 4 |
| disability, whether as heir,
legatee,
beneficiary, survivor, | 5 |
| appointee, claimant under Section 18-1.1, or in any other | 6 |
| capacity
and whether the property, benefit, or other interest | 7 |
| passes
pursuant to any form of title registration, testamentary | 8 |
| or
nontestamentary instrument, intestacy, renunciation, or any
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| other circumstance. The property, benefit, or other
interest | 10 |
| shall pass as if the person convicted of the
financial | 11 |
| exploitation, abuse, or neglect died before the
decedent, | 12 |
| provided that with respect to joint tenancy
property the | 13 |
| interest possessed prior to the death by the
person convicted | 14 |
| of the financial exploitation, abuse, or
neglect shall not be
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| diminished by the application of this Section. Notwithstanding | 16 |
| the
foregoing, a person convicted of financial exploitation, | 17 |
| abuse, or neglect of
an elderly person or a person with a | 18 |
| disability shall be entitled to receive
property, a benefit, or | 19 |
| an
interest in any capacity and under any circumstances | 20 |
| described in this
subsection (b) if it is demonstrated by clear | 21 |
| and convincing evidence that the
victim of that offense knew of | 22 |
| the conviction and subsequent to the
conviction expressed or | 23 |
| ratified his or her intent to transfer the property,
benefit, | 24 |
| or interest to the person convicted of financial exploitation, | 25 |
| abuse,
or
neglect of an elderly person or a person with a | 26 |
| disability in any manner
contemplated by this subsection
(b).
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| (c) (1) The holder of any property subject to the
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| provisions of this Section shall not be liable for
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| distributing or releasing the property to the person
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| convicted of financial exploitation, abuse, or neglect of
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| an elderly person or a person with a disability if the | 6 |
| distribution or release
occurs
prior to the conviction.
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| (2) If the holder is a financial institution, trust | 8 |
| company, trustee, or
similar entity or person, the holder | 9 |
| shall not be liable for any distribution
or
release of the | 10 |
| property, benefit, or other interest to the person | 11 |
| convicted of
a
violation of Section 12-19, 12-21, or 16-1.3 | 12 |
| of the Criminal Code of 1961
unless the holder knowingly | 13 |
| distributes or releases the property, benefit, or
other | 14 |
| interest to the person so convicted after first having | 15 |
| received actual
written notice of the conviction in | 16 |
| sufficient time to act upon the notice.
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| (d) If the holder of any property subject to the
provisions | 18 |
| of this Section knows that a potential beneficiary has been
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| convicted of financial
exploitation, abuse, or neglect of an | 20 |
| elderly person or a person with a
disability within
the scope | 21 |
| of this Section, the holder shall fully cooperate
with law | 22 |
| enforcement authorities and judicial officers in
connection | 23 |
| with any investigation of the financial
exploitation, abuse, or | 24 |
| neglect. If the holder is a person or entity that is
subject to | 25 |
| regulation by a regulatory agency pursuant to the laws of this | 26 |
| or
any other state or pursuant to the laws of the United |
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| States, including but not
limited to the business of a | 2 |
| financial institution, corporate fiduciary, or
insurance | 3 |
| company, then such person or entity shall not be deemed to be | 4 |
| in
violation of this Section to the extent that privacy laws | 5 |
| and regulations
applicable to such person or entity prevent it | 6 |
| from voluntarily providing law
enforcement authorities or | 7 |
| judicial officers with information.
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| (Source: P.A. 93-299, eff. 1-1-04.)
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| (755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
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| Sec. 18-1.1. Statutory custodial claim. Any spouse, | 11 |
| parent, brother,
sister, or child of a disabled person who | 12 |
| dedicates himself or herself to the
care of the disabled person | 13 |
| by living with and personally caring for the
disabled person | 14 |
| for at least 3 years shall be entitled to a claim against
the | 15 |
| estate upon the death of the disabled person. The claim shall | 16 |
| take
into consideration the claimant's lost employment | 17 |
| opportunities, lost
lifestyle opportunities, and emotional | 18 |
| distress experienced as a result of
personally caring for the | 19 |
| disabled person. Notwithstanding the statutory claim amounts | 20 |
| stated in this Section, a court may reduce an amount to the | 21 |
| extent that the living arrangements were intended to and did in | 22 |
| fact also provide a physical, emotional, or financial benefit | 23 |
| to the claimant. The factors a court may consider in | 24 |
| determining whether to reduce a statutory custodial claim | 25 |
| amount may include but are not limited to: (i) the free or low |
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| cost of housing provided to the claimant; (ii) the alleviation | 2 |
| of the need for the claimant to be employed full time; (iii) | 3 |
| any financial benefit provided to the claimant; (iv) the | 4 |
| emotional benefits received by the claimant; (v) the personal | 5 |
| care received by the claimant from the decedent or others; and | 6 |
| (vi) the proximity of the care provided by the claimant to the | 7 |
| decedent to the time of the decedent's death. The claim shall | 8 |
| be in addition
to any other claim, including without limitation | 9 |
| a reasonable claim for
nursing and other care. The claim shall | 10 |
| be based upon the nature and
extent of the person's disability | 11 |
| and, at a minimum but subject to the
extent of the assets | 12 |
| available, shall be in the amounts set forth below:
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| 1. 100% disability, $180,000
$100,000
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| 2. 75% disability, $135,000
$75,000
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| 3. 50% disability, $90,000
$50,000
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| 4. 25% disability, $45,000
$25,000
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| (Source: P.A. 87-908.)".
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