Full Text of HB1689 97th General Assembly
HB1689 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1689 Introduced , by Rep. Emily McAsey SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-1.3 | from Ch. 38, par. 16-1.3 |
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Amends the Criminal Code of 1961. Provides that financial exploitation of an elderly
person or a person with a disability is a Class 1 felony if the value of the property is $50,000 (rather than $100,000) or more but less than $100,000 or if the elderly person is over 70 years of age and the value of the
property is $15,000 or more but less than $50,000 or if the elderly person is 80 years of age or
older and the value of the property is $5,000 or more but less than $25,000 and a Class X felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $50,000 or more or if the elderly person is 80 years of age or older and the value of the property is $25,000 or more.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB1689 | | LRB097 08260 RLC 48386 b |
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| 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 | | Section 16-1.3 as follows:
| 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 |
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| 1 | | property is $300 or less, a Class 3 felony if
the value of the | 2 | | property is more than $300 but less than $5,000, a Class 2
| 3 | | felony if the value of the property is $5,000 or more but less | 4 | | than $50,000,
$100,000 and a Class 1 felony if the value of the | 5 | | property is $50,000 $100,000 or more
but less than $100,000 or | 6 | | if the elderly person is over 70 years of age and the value of | 7 | | the
property is $15,000 or more but less than $50,000 or if the | 8 | | elderly person is 80 years of age or
older and the value of the | 9 | | property is $5,000 or more but less than $25,000 and a Class X | 10 | | felony if the value of the property is $100,000 or more or if | 11 | | the elderly person is over 70 years of age and the value of the | 12 | | property is $50,000 or more or if the elderly person is 80 | 13 | | years of age or older and the value of the property is $25,000 | 14 | | or more .
| 15 | | (b) For purposes of this Section:
| 16 | | (1) "Elderly person" means a person 60
years of age or | 17 | | older.
| 18 | | (2) "Person with a disability" means a person who
| 19 | | suffers from a physical or mental impairment resulting from
| 20 | | disease, injury, functional disorder or congenital | 21 | | condition that impairs the
individual's mental or physical | 22 | | ability to independently manage his or her
property or | 23 | | financial resources, or both.
| 24 | | (3) "Intimidation" means the communication to an | 25 | | elderly person or a
person with a disability that he or she | 26 | | shall be deprived of food and
nutrition,
shelter, |
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| 1 | | prescribed
medication or medical care and treatment.
| 2 | | (4) "Deception" means, in addition to its meaning as | 3 | | defined in Section
15-4 of this Code,
a misrepresentation | 4 | | or concealment of material fact
relating to the terms of a | 5 | | contract or agreement entered into with the
elderly person | 6 | | or person with a disability or to the
existing or
| 7 | | pre-existing condition of
any of the property involved in | 8 | | such contract or agreement; or the use or
employment of any | 9 | | misrepresentation, false pretense or false promise in
| 10 | | order to induce, encourage or solicit the elderly person or
| 11 | | person with
a disability to
enter into a contract or | 12 | | agreement.
| 13 | | (c) For purposes of this Section, a person stands in a | 14 | | position of
trust and confidence with an elderly person or | 15 | | person with a
disability when he (1) is a
parent, spouse, adult | 16 | | child or other relative by blood or marriage of the
elderly | 17 | | person or person with a disability, (2) is a joint
tenant or
| 18 | | tenant in common with
the elderly person or person with a | 19 | | disability, (3) has
a legal or
fiduciary relationship
with the | 20 | | elderly person or person with a disability, or (4) is a | 21 | | financial
planning or investment professional.
| 22 | | (d) Nothing in this Section shall be construed to limit the | 23 | | remedies
available to the victim under the Illinois Domestic | 24 | | Violence Act of 1986.
| 25 | | (e) Nothing in this Section shall be construed to impose | 26 | | 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. 95-798, eff. 1-1-09.)
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