Full Text of HB2898 98th General Assembly
HB2898sam003 98TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/22/2014
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| 1 | | AMENDMENT TO HOUSE BILL 2898
| 2 | | AMENDMENT NO. ______. Amend House Bill 2898, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by | 6 | | changing Section 17-56 as follows:
| 7 | | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| 8 | | Sec. 17-56. Financial exploitation of an elderly person or | 9 | | a
person with a disability.
| 10 | | (a) A person commits financial exploitation of an elderly
| 11 | | person or a person with a disability when he or she stands in a
| 12 | | position of trust
or confidence with the
elderly person or a | 13 | | person with a disability
and he
or she : | 14 | | (1) knowingly and by
deception or
intimidation obtains | 15 | | control over the property of an elderly person or
a person
| 16 | | with a disability ,
or illegally uses the assets or |
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| 1 | | resources of an elderly person or a
person with a | 2 | | disability ; or | 3 | | (2) knowingly obtains control over the property of an | 4 | | elderly person or a person with a disability when he or she | 5 | | knows or reasonably should know that the elderly person or | 6 | | person with a disability lacks the capacity to consent .
| 7 | | (b) Sentence. Financial exploitation of an elderly person | 8 | | or a person
with a
disability is: (1) a Class 4
felony if the | 9 | | value of the property is $300 or less, (2) a Class 3 felony if
| 10 | | the value of the property is more than $300 but less than | 11 | | $5,000, (3) a Class 2
felony if the value of the property is | 12 | | $5,000 or more but less than
$50,000, and (4) a Class 1 felony | 13 | | if the value of the property is $50,000 or more
or if the | 14 | | elderly person is over 70 years of age and the value of the
| 15 | | property is $15,000 or more or if the elderly person is 80 | 16 | | years of age or
older and the value of the property is $5,000 | 17 | | or more.
| 18 | | (c) For purposes of this Section:
| 19 | | (1) "Elderly person" means a person 60
years of age or | 20 | | older.
| 21 | | (2) "Person with a disability" means a person who
| 22 | | suffers from a physical or mental impairment resulting from
| 23 | | disease, injury, functional disorder or congenital | 24 | | condition that impairs the
individual's mental or physical | 25 | | ability to independently manage his or her
property or | 26 | | financial resources, or both.
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| 1 | | (3) "Intimidation" means the communication to an | 2 | | elderly person or a
person with a disability that he or she | 3 | | shall be deprived of food and
nutrition,
shelter, | 4 | | prescribed
medication or medical care and treatment or | 5 | | conduct as provided in Section 12-6 of this Code.
| 6 | | (4) "Deception" means, in addition to its meaning as | 7 | | defined in Section
15-4 of this Code,
a misrepresentation | 8 | | or concealment of material fact
relating to the terms of a | 9 | | contract or agreement entered into with the
elderly person | 10 | | or person with a disability or to the
existing or
| 11 | | pre-existing condition of
any of the property involved in | 12 | | such contract or agreement; or the use or
employment of any | 13 | | misrepresentation, false pretense or false promise in
| 14 | | order to induce, encourage or solicit the elderly person or
| 15 | | person with
a disability to
enter into a contract or | 16 | | agreement.
| 17 | | (5) "Lacks the capacity to consent" means an impairment | 18 | | by reason of mental illness, developmental disability, | 19 | | intellectual disability, organic brain disorder, physical | 20 | | illness or disability, chronic use of drugs, chronic | 21 | | intoxication, short-term memory loss, or other cause, that | 22 | | causes an elderly person or disabled adult to lack | 23 | | sufficient understanding or capacity to make or | 24 | | communicate reasonable decisions concerning the elderly | 25 | | person's or disabled adult's person or property. | 26 | | (6) The illegal use of the assets or resources of an
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| 1 | | elderly person or a person with a disability includes, but | 2 | | is not limited
to, the misappropriation of those assets or | 3 | | resources by undue influence,
breach of a fiduciary | 4 | | relationship, fraud, deception, extortion, or
use of the | 5 | | assets or resources contrary to law. | 6 | | A person stands in a position of
trust and confidence with | 7 | | an elderly person or person with a
disability when he (i) is a
| 8 | | parent, spouse, adult child or other relative by blood or | 9 | | marriage of the
elderly person or person with a disability, | 10 | | (ii) is a joint
tenant or
tenant in common with
the elderly | 11 | | person or person with a disability, (iii) has
a legal or
| 12 | | fiduciary relationship
with the elderly person or person with a | 13 | | disability, (iv) is a financial
planning or investment | 14 | | professional, or (v) is a paid or unpaid caregiver for the | 15 | | elderly person or person with a disability.
| 16 | | (d) Limitations. Nothing in this Section shall be construed | 17 | | to limit the remedies
available to the victim under the | 18 | | Illinois Domestic Violence Act of 1986.
| 19 | | (e) Good faith efforts. Nothing in this Section shall be | 20 | | construed to impose criminal
liability on a person who has made | 21 | | a good faith effort to assist the
elderly person or person with | 22 | | a disability in the
management of his or her
property, but | 23 | | through
no fault of his or her own has been unable to provide | 24 | | such assistance.
| 25 | | (f) Not a defense. It shall not be a defense to financial | 26 | | exploitation of an elderly
person or person with a disability |
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| 1 | | that the accused reasonably believed
that the victim was
not an | 2 | | elderly person or person with a disability.
| 3 | | (g) Civil Liability. A person who is charged by information | 4 | | or
indictment with the offense of financial exploitation of an | 5 | | elderly person
or person with a disability and who fails or | 6 | | refuses to return
the victim's property
within 60 days | 7 | | following a written demand from the victim or the victim's
| 8 | | legal representative shall be liable to the victim or to the | 9 | | estate of the
victim in damages of treble the amount of the | 10 | | value of the property
obtained, plus reasonable attorney fees | 11 | | and court costs. The burden of
proof that the defendant | 12 | | unlawfully obtained the victim's property shall be
by a | 13 | | preponderance of the evidence. This subsection shall be | 14 | | operative
whether or not the defendant has been convicted of | 15 | | the offense.
| 16 | | (h) If a person is charged with financial exploitation of | 17 | | an elderly person or a person with a disability that involves | 18 | | the taking or loss of property valued at more than $5,000, a | 19 | | prosecuting attorney may file a petition with the circuit court | 20 | | of the county in which the defendant has been charged to freeze | 21 | | the assets of the defendant in an amount equal to but not | 22 | | greater than the alleged value of lost or stolen property in | 23 | | the defendant's pending criminal proceeding for purposes of | 24 | | restitution to the victim. The burden of proof required to | 25 | | freeze the defendant's assets shall be by a preponderance of | 26 | | the evidence. |
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| 1 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12; | 2 | | 97-865, eff. 1-1-13.)".
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