Illinois General Assembly - Full Text of SB0701
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Full Text of SB0701  102nd General Assembly

SB0701sam001 102ND GENERAL ASSEMBLY

Sen. Rachelle Crowe

Filed: 4/19/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 701

2    AMENDMENT NO. ______. Amend Senate Bill 701 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Adult Protective Services Act is amended
5by changing Sections 2, 3, 3.5, 4, 4.1, 4.2, 5, 7.1, 7.5, 8, 9,
613, and 15 and by adding Sections 3.3 and 3.6 as follows:
 
7    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
8    Sec. 2. Definitions. As used in this Act, unless the
9context requires otherwise:
10    (a) "Abandonment" means the desertion or willful forsaking
11of an eligible adult by an individual responsible for the care
12and custody of that eligible adult under circumstances in
13which a reasonable person would continue to provide care and
14custody. Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abandonment because of health
16care services provided or not provided by licensed health care

 

 

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1professionals.
2    (a-1) (a) "Abuse" means causing any physical, mental or
3sexual injury to an eligible adult, including exploitation of
4such adult's financial resources, and abandonment.
5    Nothing in this Act shall be construed to mean that an
6eligible adult is a victim of abuse, abandonment, neglect, or
7self-neglect for the sole reason that he or she is being
8furnished with or relies upon treatment by spiritual means
9through prayer alone, in accordance with the tenets and
10practices of a recognized church or religious denomination.
11    Nothing in this Act shall be construed to mean that an
12eligible adult is a victim of abuse because of health care
13services provided or not provided by licensed health care
14professionals.
15    (a-5) "Abuser" means a person who abuses, abandons,
16neglects, or financially exploits an eligible adult.
17    (a-6) "Adult with disabilities" means a person aged 18
18through 59 who resides in a domestic living situation and
19whose disability as defined in subsection (c-5) impairs his or
20her ability to seek or obtain protection from abuse,
21abandonment, neglect, or exploitation.
22    (a-7) "Caregiver" means a person who either as a result of
23a family relationship, voluntarily, or in exchange for
24compensation has assumed responsibility for all or a portion
25of the care of an eligible adult who needs assistance with
26activities of daily living or instrumental activities of daily

 

 

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1living.
2    (b) "Department" means the Department on Aging of the
3State of Illinois.
4    (c) "Director" means the Director of the Department.
5    (c-5) "Disability" means a physical or mental disability,
6including, but not limited to, a developmental disability, an
7intellectual disability, a mental illness as defined under the
8Mental Health and Developmental Disabilities Code, or dementia
9as defined under the Alzheimer's Disease Assistance Act.
10    (d) "Domestic living situation" means a residence where
11the eligible adult at the time of the report lives alone or
12with his or her family or a caregiver, or others, or other
13community-based unlicensed facility, but is not:
14        (1) A licensed facility as defined in Section 1-113 of
15    the Nursing Home Care Act;
16        (1.5) A facility licensed under the ID/DD Community
17    Care Act;
18        (1.6) A facility licensed under the MC/DD Act;
19        (1.7) A facility licensed under the Specialized Mental
20    Health Rehabilitation Act of 2013;
21        (2) A "life care facility" as defined in the Life Care
22    Facilities Act;
23        (3) A home, institution, or other place operated by
24    the federal government or agency thereof or by the State
25    of Illinois;
26        (4) A hospital, sanitarium, or other institution, the

 

 

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1    principal activity or business of which is the diagnosis,
2    care, and treatment of human illness through the
3    maintenance and operation of organized facilities
4    therefor, which is required to be licensed under the
5    Hospital Licensing Act;
6        (5) A "community living facility" as defined in the
7    Community Living Facilities Licensing Act;
8        (6) (Blank);
9        (7) A "community-integrated living arrangement" as
10    defined in the Community-Integrated Living Arrangements
11    Licensure and Certification Act or a "community
12    residential alternative" as licensed under that Act;
13        (8) An assisted living or shared housing establishment
14    as defined in the Assisted Living and Shared Housing Act;
15    or
16        (9) A supportive living facility as described in
17    Section 5-5.01a of the Illinois Public Aid Code.
18    (e) "Eligible adult" means either an adult with
19disabilities aged 18 through 59 or a person aged 60 or older
20who resides in a domestic living situation and is, or is
21alleged to be, abused, abandoned, neglected, or financially
22exploited by another individual or who neglects himself or
23herself. "Eligible adult" also includes an adult who resides
24in any of the facilities that are excluded from the definition
25of "domestic living situation" under paragraphs (1) through
26(9) of subsection (d), if either: (i) the alleged abuse,

 

 

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1abandonment, or neglect occurs outside of the facility and not
2under facility supervision and the alleged abuser is a family
3member, caregiver, or another person who has a continuing
4relationship with the adult; or (ii) the alleged financial
5exploitation is perpetrated by a family member, caregiver, or
6another person who has a continuing relationship with the
7adult, but who is not an employee of the facility where the
8adult resides.
9    (f) "Emergency" means a situation in which an eligible
10adult is living in conditions presenting a risk of death or
11physical, mental or sexual injury and the provider agency has
12reason to believe the eligible adult is unable to consent to
13services which would alleviate that risk.
14    (f-1) "Financial exploitation" means the use of an
15eligible adult's resources by another to the disadvantage of
16that adult or the profit or advantage of a person other than
17that adult.
18    (f-5) "Mandated reporter" means any of the following
19persons while engaged in carrying out their professional
20duties:
21        (1) a professional or professional's delegate while
22    engaged in: (i) social services, (ii) law enforcement,
23    (iii) education, (iv) the care of an eligible adult or
24    eligible adults, or (v) any of the occupations required to
25    be licensed under the Clinical Psychologist Licensing Act,
26    the Clinical Social Work and Social Work Practice Act, the

 

 

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1    Illinois Dental Practice Act, the Dietitian Nutritionist
2    Practice Act, the Marriage and Family Therapy Licensing
3    Act, the Medical Practice Act of 1987, the Naprapathic
4    Practice Act, the Nurse Practice Act, the Nursing Home
5    Administrators Licensing and Disciplinary Act, the
6    Illinois Occupational Therapy Practice Act, the Illinois
7    Optometric Practice Act of 1987, the Pharmacy Practice
8    Act, the Illinois Physical Therapy Act, the Physician
9    Assistant Practice Act of 1987, the Podiatric Medical
10    Practice Act of 1987, the Respiratory Care Practice Act,
11    the Professional Counselor and Clinical Professional
12    Counselor Licensing and Practice Act, the Illinois
13    Speech-Language Pathology and Audiology Practice Act, the
14    Veterinary Medicine and Surgery Practice Act of 2004, and
15    the Illinois Public Accounting Act;
16        (1.5) an employee of an entity providing developmental
17    disabilities services or service coordination funded by
18    the Department of Human Services;
19        (2) an employee of a vocational rehabilitation
20    facility prescribed or supervised by the Department of
21    Human Services;
22        (3) an administrator, employee, or person providing
23    services in or through an unlicensed community based
24    facility;
25        (4) any religious practitioner who provides treatment
26    by prayer or spiritual means alone in accordance with the

 

 

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1    tenets and practices of a recognized church or religious
2    denomination, except as to information received in any
3    confession or sacred communication enjoined by the
4    discipline of the religious denomination to be held
5    confidential;
6        (5) field personnel of the Department of Healthcare
7    and Family Services, Department of Public Health, and
8    Department of Human Services, and any county or municipal
9    health department;
10        (6) personnel of the Department of Human Services, the
11    Guardianship and Advocacy Commission, the State Fire
12    Marshal, local fire departments, the Department on Aging
13    and its subsidiary Area Agencies on Aging and provider
14    agencies, and the Office of State Long Term Care
15    Ombudsman;
16        (7) any employee of the State of Illinois not
17    otherwise specified herein who is involved in providing
18    services to eligible adults, including professionals
19    providing medical or rehabilitation services and all other
20    persons having direct contact with eligible adults;
21        (8) a person who performs the duties of a coroner or
22    medical examiner; or
23        (9) a person who performs the duties of a paramedic or
24    an emergency medical technician.
25    (g) "Neglect" means another individual's failure to
26provide an eligible adult with or willful withholding from an

 

 

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1eligible adult the necessities of life including, but not
2limited to, food, clothing, shelter or health care. This
3subsection does not create any new affirmative duty to provide
4support to eligible adults. Nothing in this Act shall be
5construed to mean that an eligible adult is a victim of neglect
6because of health care services provided or not provided by
7licensed health care professionals.
8    (h) "Provider agency" means any public or nonprofit agency
9in a planning and service area that is selected by the
10Department or appointed by the regional administrative agency
11with prior approval by the Department on Aging to receive and
12assess reports of alleged or suspected abuse, abandonment,
13neglect, or financial exploitation. A provider agency is also
14referenced as a "designated agency" in this Act.
15    (i) "Regional administrative agency" means any public or
16nonprofit agency in a planning and service area that provides
17regional oversight and performs functions as set forth in
18subsection (b) of Section 3 of this Act. The Department shall
19designate an Area Agency on Aging as the regional
20administrative agency or, in the event the Area Agency on
21Aging in that planning and service area is deemed by the
22Department to be unwilling or unable to provide those
23functions, the Department may serve as the regional
24administrative agency or designate another qualified entity to
25serve as the regional administrative agency; any such
26designation shall be subject to terms set forth by the

 

 

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1Department.
2    (i-5) "Self-neglect" means a condition that is the result
3of an eligible adult's inability, due to physical or mental
4impairments, or both, or a diminished capacity, to perform
5essential self-care tasks that substantially threaten his or
6her own health, including: providing essential food, clothing,
7shelter, and health care; and obtaining goods and services
8necessary to maintain physical health, mental health,
9emotional well-being, and general safety. The term includes
10compulsive hoarding, which is characterized by the acquisition
11and retention of large quantities of items and materials that
12produce an extensively cluttered living space, which
13significantly impairs the performance of essential self-care
14tasks or otherwise substantially threatens life or safety.
15    (j) "Substantiated case" means a reported case of alleged
16or suspected abuse, abandonment, neglect, financial
17exploitation, or self-neglect in which a provider agency,
18after assessment, determines that there is reason to believe
19abuse, abandonment, neglect, or financial exploitation has
20occurred.
21    (k) "Verified" means a determination that there is "clear
22and convincing evidence" that the specific injury or harm
23alleged was the result of abuse, abandonment, neglect, or
24financial exploitation.
25(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 

 

 

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1    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
2    Sec. 3. Responsibilities.
3    (a) The Department shall establish, design, and manage a
4protective services program for eligible adults who have been,
5or are alleged to be, victims of abuse, abandonment, neglect,
6financial exploitation, or self-neglect. The Department shall
7contract with or fund, or contract with and fund, regional
8administrative agencies, provider agencies, or both, for the
9provision of those functions, and, contingent on adequate
10funding, with attorneys or legal services provider agencies
11for the provision of legal assistance pursuant to this Act.
12For self-neglect, the program shall include the following
13services for eligible adults who have been removed from their
14residences for the purpose of cleanup or repairs: temporary
15housing; counseling; and caseworker services to try to ensure
16that the conditions necessitating the removal do not reoccur.
17    (a-1) The Department shall by rule develop standards for
18minimum staffing levels and staff qualifications. The
19Department shall by rule establish mandatory standards for the
20investigation of abuse, abandonment, neglect, financial
21exploitation, or self-neglect of eligible adults and mandatory
22procedures for linking eligible adults to appropriate services
23and supports.
24    (a-5) A provider agency shall, in accordance with rules
25promulgated by the Department, establish a multi-disciplinary
26team to act in an advisory role for the purpose of providing

 

 

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1professional knowledge and expertise in the handling of
2complex abuse cases involving eligible adults. Each
3multi-disciplinary team shall consist of one volunteer
4representative from the following professions: banking or
5finance; disability care; health care; law; law enforcement;
6mental health care; and clergy. A provider agency may also
7choose to add representatives from the fields of substance
8abuse, domestic violence, sexual assault, or other related
9fields. To support multi-disciplinary teams in this role, law
10enforcement agencies and coroners or medical examiners shall
11supply records as may be requested in particular cases.
12    (b) Each regional administrative agency shall designate
13provider agencies within its planning and service area with
14prior approval by the Department on Aging, monitor the use of
15services, provide technical assistance to the provider
16agencies and be involved in program development activities.
17    (c) Provider agencies shall assist, to the extent
18possible, eligible adults who need agency services to allow
19them to continue to function independently. Such assistance
20shall include, but not be limited to, receiving reports of
21alleged or suspected abuse, abandonment, neglect, financial
22exploitation, or self-neglect, conducting face-to-face
23assessments of such reported cases, determination of
24substantiated cases, referral of substantiated cases for
25necessary support services, referral of criminal conduct to
26law enforcement in accordance with Department guidelines, and

 

 

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1provision of case work and follow-up services on substantiated
2cases. In the case of a report of alleged or suspected abuse,
3abandonment, or neglect that places an eligible adult at risk
4of injury or death, a provider agency shall respond to the
5report on an emergency basis in accordance with guidelines
6established by the Department by administrative rule and shall
7ensure that it is capable of responding to such a report 24
8hours per day, 7 days per week. A provider agency may use an
9on-call system to respond to reports of alleged or suspected
10abuse, abandonment, or neglect after hours and on weekends.
11    (c-5) Where a provider agency has reason to believe that
12the death of an eligible adult may be the result of abuse,
13abandonment, or neglect, including any reports made after
14death, the agency shall immediately report the matter to both
15the appropriate law enforcement agency and the coroner or
16medical examiner. Between 30 and 45 days after making such a
17report, the provider agency again shall contact the law
18enforcement agency and coroner or medical examiner to
19determine whether any further action was taken. Upon request
20by a provider agency, a law enforcement agency and coroner or
21medical examiner shall supply a summary of its action in
22response to a reported death of an eligible adult. A copy of
23the report shall be maintained and all subsequent follow-up
24with the law enforcement agency and coroner or medical
25examiner shall be documented in the case record of the
26eligible adult. If the law enforcement agency, coroner, or

 

 

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1medical examiner determines the reported death was caused by
2abuse, abandonment, or neglect by a caregiver, the law
3enforcement agency, coroner, or medical examiner shall inform
4the Department, and the Department shall report the
5caregiver's identity on the Registry as described in Section
67.5 of this Act.
7    (d) Upon sufficient appropriations to implement a
8statewide program, the Department shall implement a program,
9based on the recommendations of the Self-Neglect Steering
10Committee, for (i) responding to reports of possible
11self-neglect, (ii) protecting the autonomy, rights, privacy,
12and privileges of adults during investigations of possible
13self-neglect and consequential judicial proceedings regarding
14competency, (iii) collecting and sharing relevant information
15and data among the Department, provider agencies, regional
16administrative agencies, and relevant seniors, (iv) developing
17working agreements between provider agencies and law
18enforcement, where practicable, and (v) developing procedures
19for collecting data regarding incidents of self-neglect.
20(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
21    (320 ILCS 20/3.3 new)
22    Sec. 3.3. Adult protective services trauma-informed
23training.
24    (a) This Section applies to any person who is employed by
25the Department in the Adult Protective Services division, or

 

 

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1is contracted with the Department, and works on the
2development and implementation of social services to respond
3to and prevent adult abuse, neglect, or exploitation.
4    (b) Subject to appropriation, the Department shall offer
5an annual trauma-informed training program that includes (i)
6instruction on how trauma impacts caseworkers and other
7employees who respond to and prevent adult abuse, neglect,
8exploitation, or abandonment, (ii) a review of the meaning and
9impact of secondary trauma, and (iii) information about
10strategies to identify and address secondary trauma in
11caseworkers and other employees who work with adults who may
12have experienced abuse, neglect, exploitation, or abandonment.
13    (c) Any trauma-informed training offered by the Department
14shall cover the following:
15        (1) The widespread impact of secondary trauma on
16    caseworkers and other employees who work with adults who
17    may have experienced abuse, neglect, exploitation, or
18    abandonment.
19        (2) An understanding of who is at risk for developing
20    secondary trauma.
21        (3) Relevant and realistic case studies involving
22    traumatic situations that other caseworkers and employees
23    who work with adults who may have experienced abuse,
24    neglect, exploitation, or abandonment have encountered in
25    their work.
26        (4) Symptoms and causes of secondary trauma in

 

 

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1    caseworkers and other employees who work with adults who
2    may have experienced abuse, neglect, exploitation, or
3    abandonment.
4        (5) Strategies for prevention and intervention in
5    cases of secondary trauma involving caseworkers or other
6    employees who work with adults who may have experienced
7    abuse, neglect, exploitation, or abandonment, including
8    the development of a self-care plan.
9        (6) How to incorporate monitoring and support
10    techniques for employees experiencing secondary trauma
11    into departmental policies, guidelines, and protocols.
12    (d) This Section is designed to address gaps in current
13trauma-informed training requirements for employees of the
14Office of Adult Protective Services and to improve the quality
15of training. If any law or rule existing on the effective date
16of this amendatory Act of the 102nd General Assembly contains
17more rigorous training requirements for employees of the
18Office of Adult Protective Services, then that law or rule
19applies. If there is overlap between this Section and other
20laws and rules, the Department shall interpret this Section to
21avoid duplication of requirements while ensuring that the
22minimum requirements set in this Section are met.
23    (e) The Department may adopt rules to implement this
24Section.
 
25    (320 ILCS 20/3.5)

 

 

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1    Sec. 3.5. Other responsibilities. The Department shall
2also be responsible for the following activities, contingent
3upon adequate funding; implementation shall be expanded to
4adults with disabilities upon the effective date of this
5amendatory Act of the 98th General Assembly, except those
6responsibilities under subsection (a), which shall be
7undertaken as soon as practicable:
8        (a) promotion of a wide range of endeavors for the
9    purpose of preventing abuse, abandonment, neglect,
10    financial exploitation, and self-neglect, including, but
11    not limited to, promotion of public and professional
12    education to increase awareness of abuse, abandonment,
13    neglect, financial exploitation, and self-neglect; to
14    increase reports; to establish access to and use of the
15    Registry established under Section 7.5; and to improve
16    response by various legal, financial, social, and health
17    systems;
18        (b) coordination of efforts with other agencies,
19    councils, and like entities, to include but not be limited
20    to, the Administrative Office of the Illinois Courts, the
21    Office of the Attorney General, the State Police, the
22    Illinois Law Enforcement Training Standards Board, the
23    State Triad, the Illinois Criminal Justice Information
24    Authority, the Departments of Public Health, Healthcare
25    and Family Services, and Human Services, the Illinois
26    Guardianship and Advocacy Commission, the Family Violence

 

 

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1    Coordinating Council, the Illinois Violence Prevention
2    Authority, and other entities which may impact awareness
3    of, and response to, abuse, abandonment, neglect,
4    financial exploitation, and self-neglect;
5        (c) collection and analysis of data;
6        (d) monitoring of the performance of regional
7    administrative agencies and adult protective services
8    agencies;
9        (e) promotion of prevention activities;
10        (f) establishing and coordinating an aggressive
11    training program on the unique nature of adult abuse cases
12    with other agencies, councils, and like entities, to
13    include but not be limited to the Office of the Attorney
14    General, the State Police, the Illinois Law Enforcement
15    Training Standards Board, the State Triad, the Illinois
16    Criminal Justice Information Authority, the State
17    Departments of Public Health, Healthcare and Family
18    Services, and Human Services, the Family Violence
19    Coordinating Council, the Illinois Violence Prevention
20    Authority, the agency designated by the Governor under
21    Section 1 of the Protection and Advocacy for Persons with
22    Developmental Disabilities Act, and other entities that
23    may impact awareness of and response to abuse,
24    abandonment, neglect, financial exploitation, and
25    self-neglect;
26        (g) solicitation of financial institutions for the

 

 

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1    purpose of making information available to the general
2    public warning of financial exploitation of adults and
3    related financial fraud or abuse, including such
4    information and warnings available through signage or
5    other written materials provided by the Department on the
6    premises of such financial institutions, provided that the
7    manner of displaying or distributing such information is
8    subject to the sole discretion of each financial
9    institution;
10        (g-1) developing by joint rulemaking with the
11    Department of Financial and Professional Regulation
12    minimum training standards which shall be used by
13    financial institutions for their current and new employees
14    with direct customer contact; the Department of Financial
15    and Professional Regulation shall retain sole visitation
16    and enforcement authority under this subsection (g-1); the
17    Department of Financial and Professional Regulation shall
18    provide bi-annual reports to the Department setting forth
19    aggregate statistics on the training programs required
20    under this subsection (g-1); and
21        (h) coordinating efforts with utility and electric
22    companies to send notices in utility bills to explain to
23    persons 60 years of age or older their rights regarding
24    telemarketing and home repair fraud.
25(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2699-143, eff. 7-27-15.)
 

 

 

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1    (320 ILCS 20/3.6 new)
2    Sec. 3.6. Elder abuse risk assessment tool.
3    (a) The Department shall develop and implement a
4demonstration project to allow for the use of a risk
5assessment tool to assist in identifying elderly persons,
6including homebound persons, who may be experiencing elder
7abuse, abandonment, neglect, or exploitation and providing the
8necessary support to address elder abuse, abandonment,
9neglect, or exploitation. The Department shall finalize
10planning on the demonstration project no later than December
111, 2023 with implementation beginning no later than January 1,
122024. The risk assessment tool shall identify (i) the level of
13risk for elder abuse, abandonment, neglect, or exploitation;
14(ii) risk factors causing the abuse, abandonment, neglect, or
15exploitation; and (iii) appropriate follow-up and action in
16response to any suspected abuse, abandonment, neglect, or
17exploitation. In identifying a risk assessment tool, the
18Department shall coordinate with all of the following:
19        (1) The Department of Healthcare and Family Services.
20        (2) A hospital, hospital system, or a statewide
21    association representing hospitals.
22        (3) A managed care organization or a statewide
23    association representing managed care organizations.
24        (4) A Care Coordination Unit.
25        (5) An Area Agency on Aging or a statewide association

 

 

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1    representing Area Agencies on Aging.
2        (6) Legal aid providers.
3        (7) A financial institution or a statewide association
4    representing financial institutions.
5        (8) Adult Protective Services providers.
6    (b) The risk assessment tool shall be comprehensive and
7include all of the following components:
8        (1) Client demographics.
9        (2) Indicators of elder abuse, abandonment, neglect,
10    or exploitation.
11        (3) Contributing risk factors for abuse, abandonment,
12    neglect, or exploitation.
13        (4) Overall level of risk on a scale of low, medium,
14    and high-risk level.
15        (5) Appropriate follow-up and action.
16        (6) Client outcomes.
17    (c) If any hospital employee, social worker, or other
18employee utilizing the risk assessment tool identifies that an
19elderly person is at risk for elder abuse, abandonment,
20neglect, or exploitation, the employee shall utilize the risk
21assessment tool to refer the elderly person to a managed care
22organization, legal aid service, Adult Protective Services
23provider, or other needed services and supports.
24    (d) The Department may adopt rules to implement this
25Section.
 

 

 

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1    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
2    Sec. 4. Reports of abuse, abandonment, or neglect.
3    (a) Any person who suspects the abuse, abandonment,
4neglect, financial exploitation, or self-neglect of an
5eligible adult may report this suspicion to an agency
6designated to receive such reports under this Act or to the
7Department.
8    (a-5) If any mandated reporter has reason to believe that
9an eligible adult, who because of a disability or other
10condition or impairment is unable to seek assistance for
11himself or herself, has, within the previous 12 months, been
12subjected to abuse, abandonment, neglect, or financial
13exploitation, the mandated reporter shall, within 24 hours
14after developing such belief, report this suspicion to an
15agency designated to receive such reports under this Act or to
16the Department. The agency designated to receive such reports
17under this Act or the Department may establish a manner in
18which a mandated reporter can make the required report through
19an Internet reporting tool. Information sent and received
20through the Internet reporting tool is subject to the same
21rules in this Act as other types of confidential reporting
22established by the designated agency or the Department.
23Whenever a mandated reporter is required to report under this
24Act in his or her capacity as a member of the staff of a
25medical or other public or private institution, facility, or
26agency, he or she shall make a report to an agency designated

 

 

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1to receive such reports under this Act or to the Department in
2accordance with the provisions of this Act and may also notify
3the person in charge of the institution, facility, or agency
4or his or her designated agent that the report has been made.
5Under no circumstances shall any person in charge of such
6institution, facility, or agency, or his or her designated
7agent to whom the notification has been made, exercise any
8control, restraint, modification, or other change in the
9report or the forwarding of the report to an agency designated
10to receive such reports under this Act or to the Department.
11The privileged quality of communication between any
12professional person required to report and his or her patient
13or client shall not apply to situations involving abused,
14abandoned, neglected, or financially exploited eligible adults
15and shall not constitute grounds for failure to report as
16required by this Act.
17    (a-7) A person making a report under this Act in the belief
18that it is in the alleged victim's best interest shall be
19immune from criminal or civil liability or professional
20disciplinary action on account of making the report,
21notwithstanding any requirements concerning the
22confidentiality of information with respect to such eligible
23adult which might otherwise be applicable.
24    (a-9) Law enforcement officers shall continue to report
25incidents of alleged abuse pursuant to the Illinois Domestic
26Violence Act of 1986, notwithstanding any requirements under

 

 

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1this Act.
2    (b) Any person, institution or agency participating in the
3making of a report, providing information or records related
4to a report, assessment, or services, or participating in the
5investigation of a report under this Act in good faith, or
6taking photographs or x-rays as a result of an authorized
7assessment, shall have immunity from any civil, criminal or
8other liability in any civil, criminal or other proceeding
9brought in consequence of making such report or assessment or
10on account of submitting or otherwise disclosing such
11photographs or x-rays to any agency designated to receive
12reports of alleged or suspected abuse, abandonment, or
13neglect. Any person, institution or agency authorized by the
14Department to provide assessment, intervention, or
15administrative services under this Act shall, in the good
16faith performance of those services, have immunity from any
17civil, criminal or other liability in any civil, criminal, or
18other proceeding brought as a consequence of the performance
19of those services. For the purposes of any civil, criminal, or
20other proceeding, the good faith of any person required to
21report, permitted to report, or participating in an
22investigation of a report of alleged or suspected abuse,
23abandonment, neglect, financial exploitation, or self-neglect
24shall be presumed.
25    (c) The identity of a person making a report of alleged or
26suspected abuse, abandonment, neglect, financial exploitation,

 

 

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1or self-neglect under this Act may be disclosed by the
2Department or other agency provided for in this Act only with
3such person's written consent or by court order, but is
4otherwise confidential.
5    (d) The Department shall by rule establish a system for
6filing and compiling reports made under this Act.
7    (e) Any physician who willfully fails to report as
8required by this Act shall be referred to the Illinois State
9Medical Disciplinary Board for action in accordance with
10subdivision (A)(22) of Section 22 of the Medical Practice Act
11of 1987. Any dentist or dental hygienist who willfully fails
12to report as required by this Act shall be referred to the
13Department of Professional Regulation for action in accordance
14with paragraph 19 of Section 23 of the Illinois Dental
15Practice Act. Any optometrist who willfully fails to report as
16required by this Act shall be referred to the Department of
17Financial and Professional Regulation for action in accordance
18with paragraph (15) of subsection (a) of Section 24 of the
19Illinois Optometric Practice Act of 1987. Any other mandated
20reporter required by this Act to report suspected abuse,
21abandonment, neglect, or financial exploitation who willfully
22fails to report the same is guilty of a Class A misdemeanor.
23(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
2498-1039, eff. 8-25-14.)
 
25    (320 ILCS 20/4.1)

 

 

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1    Sec. 4.1. Employer discrimination. No employer shall
2discharge, demote or suspend, or threaten to discharge, demote
3or suspend, or in any manner discriminate against any employee
4who makes any good faith oral or written report of suspected
5abuse, abandonment, neglect, or financial exploitation or who
6is or will be a witness or testify in any investigation or
7proceeding concerning a report of suspected abuse,
8abandonment, neglect, or financial exploitation.
9(Source: P.A. 98-49, eff. 7-1-13.)
 
10    (320 ILCS 20/4.2)
11    Sec. 4.2. Testimony by mandated reporter and investigator.
12Any mandated reporter who makes a report or any person who
13investigates a report under this Act shall testify fully in
14any judicial proceeding resulting from such report, as to any
15evidence of abuse, abandonment, neglect, or financial
16exploitation or the cause thereof. Any mandated reporter who
17is required to report a suspected case of abuse, abandonment,
18neglect, or financial exploitation under Section 4 of this Act
19shall testify fully in any administrative hearing resulting
20from such report, as to any evidence of abuse, abandonment,
21neglect, or financial exploitation or the cause thereof. No
22evidence shall be excluded by reason of any common law or
23statutory privilege relating to communications between the
24alleged abuser or the eligible adult subject of the report
25under this Act and the person making or investigating the

 

 

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1report.
2(Source: P.A. 90-628, eff. 1-1-99.)
 
3    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
4    Sec. 5. Procedure.
5    (a) A provider agency designated to receive reports of
6alleged or suspected abuse, abandonment, neglect, financial
7exploitation, or self-neglect under this Act shall, upon
8receiving such a report, conduct a face-to-face assessment
9with respect to such report, in accord with established law
10and Department protocols, procedures, and policies.
11Face-to-face assessments, casework, and follow-up of reports
12of self-neglect by the provider agencies designated to receive
13reports of self-neglect shall be subject to sufficient
14appropriation for statewide implementation of assessments,
15casework, and follow-up of reports of self-neglect. In the
16absence of sufficient appropriation for statewide
17implementation of assessments, casework, and follow-up of
18reports of self-neglect, the designated adult protective
19services provider agency shall refer all reports of
20self-neglect to the appropriate agency or agencies as
21designated by the Department for any follow-up. The assessment
22shall include, but not be limited to, a visit to the residence
23of the eligible adult who is the subject of the report and
24shall include interviews or consultations regarding the
25allegations with service agencies, immediate family members,

 

 

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1and individuals who may have knowledge of the eligible adult's
2circumstances based on the consent of the eligible adult in
3all instances, except where the provider agency is acting in
4the best interest of an eligible adult who is unable to seek
5assistance for himself or herself and where there are
6allegations against a caregiver who has assumed
7responsibilities in exchange for compensation. If, after the
8assessment, the provider agency determines that the case is
9substantiated it shall develop a service care plan for the
10eligible adult and may report its findings at any time during
11the case to the appropriate law enforcement agency in accord
12with established law and Department protocols, procedures, and
13policies. In developing a case plan, the provider agency may
14consult with any other appropriate provider of services, and
15such providers shall be immune from civil or criminal
16liability on account of such acts. The plan shall include
17alternative suggested or recommended services which are
18appropriate to the needs of the eligible adult and which
19involve the least restriction of the eligible adult's
20activities commensurate with his or her needs. Only those
21services to which consent is provided in accordance with
22Section 9 of this Act shall be provided, contingent upon the
23availability of such services.
24    (b) A provider agency shall refer evidence of crimes
25against an eligible adult to the appropriate law enforcement
26agency according to Department policies. A referral to law

 

 

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1enforcement may be made at intake or any time during the case.
2Where a provider agency has reason to believe the death of an
3eligible adult may be the result of abuse, abandonment, or
4neglect, the agency shall immediately report the matter to the
5coroner or medical examiner and shall cooperate fully with any
6subsequent investigation.
7    (c) If any person other than the alleged victim refuses to
8allow the provider agency to begin an investigation,
9interferes with the provider agency's ability to conduct an
10investigation, or refuses to give access to an eligible adult,
11the appropriate law enforcement agency must be consulted
12regarding the investigation.
13(Source: P.A. 101-496, eff. 1-1-20.)
 
14    (320 ILCS 20/7.1)
15    Sec. 7.1. Final investigative report. A provider agency
16shall prepare a final investigative report, upon the
17completion or closure of an investigation, in all cases of
18reported abuse, abandonment, neglect, financial exploitation,
19or self-neglect of an eligible adult, whether or not there is a
20substantiated finding.
21(Source: P.A. 98-49, eff. 7-1-13.)
 
22    (320 ILCS 20/7.5)
23    Sec. 7.5. Registry.
24    (a) To protect individuals receiving in-home and

 

 

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1community-based services, the Department on Aging shall
2establish an Adult Protective Service Registry that will be
3hosted by the Department of Public Health on its website
4effective January 1, 2015, and, if practicable, shall propose
5rules for the Registry by January 1, 2015.
6    (a-5) The Registry shall identify caregivers against whom
7a verified and substantiated finding was made under this Act
8of abuse, abandonment, neglect, or financial exploitation.
9    The information in the Registry shall be confidential
10except as specifically authorized in this Act and shall not be
11deemed a public record.
12    (a-10) Reporting to the Registry. The Department on Aging
13shall report to the Registry the identity of the caregiver
14when a verified and substantiated finding of abuse,
15abandonment, neglect, or financial exploitation of an eligible
16adult under this Act is made against a caregiver, and all
17appeals, challenges, and reviews, if any, have been completed
18and a finding for placement on the Registry has been sustained
19or upheld.
20    A finding against a caregiver that is placed in the
21Registry shall preclude that caregiver from providing direct
22care, as defined in this Section, in a position with or that is
23regulated by or paid with public funds from the Department on
24Aging, the Department of Healthcare and Family Services, the
25Department of Human Services, or the Department of Public
26Health or with an entity or provider licensed, certified, or

 

 

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1regulated by or paid with public funds from any of these State
2agencies.
3    (b) Definitions. As used in this Section:
4    "Direct care" includes, but is not limited to, direct
5access to a person aged 60 or older or to an adult with
6disabilities aged 18 through 59, his or her living quarters,
7or his or her personal, financial, or medical records for the
8purpose of providing nursing care or assistance with feeding,
9dressing, movement, bathing, toileting, other personal needs
10and activities of daily living or instrumental activities of
11daily living, or assistance with financial transactions.
12    "Participant" means an individual who uses the services of
13an in-home care program funded through the Department on
14Aging, the Department of Healthcare and Family Services, the
15Department of Human Services, or the Department of Public
16Health.
17    (c) Access to and use of the Registry. Access to the
18Registry shall be limited to the Department on Aging, the
19Department of Healthcare and Family Services, the Department
20of Human Services, and the Department of Public Health and
21providers of direct care as described in subsection (a-10) of
22this Section. These State agencies and providers shall not
23hire, compensate either directly or on behalf of a
24participant, or utilize the services of any person seeking to
25provide direct care without first conducting an online check
26of whether the person has been placed on the Registry. These

 

 

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1State agencies and providers shall maintain a copy of the
2results of the online check to demonstrate compliance with
3this requirement. These State agencies and providers are
4prohibited from retaining, hiring, compensating either
5directly or on behalf of a participant, or utilizing the
6services of a person to provide direct care if the online check
7of the person reveals a verified and substantiated finding of
8abuse, abandonment, neglect, or financial exploitation that
9has been placed on the Registry or when the State agencies or
10providers otherwise gain knowledge of such placement on the
11Registry. Failure to comply with this requirement may subject
12such a provider to corrective action by the appropriate
13regulatory agency or other lawful remedies provided under the
14applicable licensure, certification, or regulatory laws and
15rules.
16    (d) Notice to caregiver. The Department on Aging shall
17establish rules concerning notice to the caregiver in cases of
18a verified and substantiated finding of abuse, abandonment,
19neglect, or financial exploitation against him or her that may
20make him or her eligible for placement on the Registry.
21    (e) Notification to eligible adults, guardians, or agents.
22As part of its investigation, the Department on Aging shall
23notify an eligible adult, or an eligible adult's guardian or
24agent, that his or her caregiver's name may be placed on the
25Registry based on a finding as described in subsection (a-10)
26of this Section.

 

 

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1    (f) Notification to employer. The Department on Aging
2shall notify the appropriate State agency or provider of
3direct care, as described in subsection (a-10), when there is
4a verified and substantiated finding of abuse, abandonment,
5neglect, or financial exploitation in a case under this Act
6that is reported on the Registry and that involves one of its
7caregivers. That State agency or provider is prohibited from
8retaining or compensating that individual in a position that
9involves direct care, and if there is an imminent risk of
10danger to the victim or an imminent risk of misuse of personal,
11medical, or financial information, that caregiver shall
12immediately be barred from providing direct care to the victim
13pending the outcome of any challenge, appeal, criminal
14prosecution, or other type of collateral action.
15    (g) Challenges and appeals. The Department on Aging shall
16establish, by rule, procedures concerning challenges and
17appeals to placement on the Registry pursuant to legislative
18intent. The Department shall not make any report to the
19Registry pending challenges or appeals.
20    (h) Caregiver's rights to collateral action. The
21Department on Aging shall not make any report to the Registry
22if a caregiver notifies the Department in writing that he or
23she is formally challenging an adverse employment action
24resulting from a verified and substantiated finding of abuse,
25abandonment, neglect, or financial exploitation by complaint
26filed with the Illinois Civil Service Commission, or by

 

 

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1another means which seeks to enforce the caregiver's rights
2pursuant to any applicable collective bargaining agreement. If
3an action taken by an employer against a caregiver as a result
4of such a finding is overturned through an action filed with
5the Illinois Civil Service Commission or under any applicable
6collective bargaining agreement after that caregiver's name
7has already been sent to the Registry, the caregiver's name
8shall be removed from the Registry.
9    (i) Removal from Registry. At any time after a report to
10the Registry, but no more than once in each successive 3-year
11period thereafter, for a maximum of 3 such requests, a
12caregiver may request removal of his or her name from the
13Registry in relationship to a single incident. The caregiver
14shall bear the burden of establishing, by a preponderance of
15the evidence, that removal of his or her name from the Registry
16is in the public interest. Upon receiving such a request, the
17Department on Aging shall conduct an investigation and
18consider any evidentiary material provided. The Department
19shall issue a decision either granting or denying removal to
20the caregiver and report it to the Registry. The Department
21shall, by rule, establish standards and a process for
22requesting the removal of a name from the Registry.
23    (j) Referral of Registry reports to health care
24facilities. In the event an eligible adult receiving services
25from a provider agency changes his or her residence from a
26domestic living situation to that of a health care or long term

 

 

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1care facility, the provider agency shall use reasonable
2efforts to promptly inform the facility and the appropriate
3Regional Long Term Care Ombudsman about any Registry reports
4relating to the eligible adult. For purposes of this Section,
5a health care or long term care facility includes, but is not
6limited to, any residential facility licensed, certified, or
7regulated by the Department of Public Health, Healthcare and
8Family Services, or Human Services.
9    (k) The Department on Aging and its employees and agents
10shall have immunity, except for intentional willful and wanton
11misconduct, from any liability, civil, criminal, or otherwise,
12for reporting information to and maintaining the Registry.
13(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;
1498-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
15    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
16    Sec. 8. Access to records. All records concerning reports
17of abuse, abandonment, neglect, financial exploitation, or
18self-neglect and all records generated as a result of such
19reports shall be confidential and shall not be disclosed
20except as specifically authorized by this Act or other
21applicable law. In accord with established law and Department
22protocols, procedures, and policies, access to such records,
23but not access to the identity of the person or persons making
24a report of alleged abuse, abandonment, neglect, financial
25exploitation, or self-neglect as contained in such records,

 

 

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1shall be provided, upon request, to the following persons and
2for the following persons:
3        (1) Department staff, provider agency staff, other
4    aging network staff, and regional administrative agency
5    staff, including staff of the Chicago Department on Aging
6    while that agency is designated as a regional
7    administrative agency, in the furtherance of their
8    responsibilities under this Act;
9        (1.5) A representative of the public guardian acting
10    in the course of investigating the appropriateness of
11    guardianship for the eligible adult or while pursuing a
12    petition for guardianship of the eligible adult pursuant
13    to the Probate Act of 1975;
14        (2) A law enforcement agency or State's Attorney's
15    office investigating known or suspected abuse,
16    abandonment, neglect, financial exploitation, or
17    self-neglect. Where a provider agency has reason to
18    believe that the death of an eligible adult may be the
19    result of abuse, abandonment, or neglect, including any
20    reports made after death, the agency shall immediately
21    provide the appropriate law enforcement agency with all
22    records pertaining to the eligible adult;
23        (2.5) A law enforcement agency, fire department
24    agency, or fire protection district having proper
25    jurisdiction pursuant to a written agreement between a
26    provider agency and the law enforcement agency, fire

 

 

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1    department agency, or fire protection district under which
2    the provider agency may furnish to the law enforcement
3    agency, fire department agency, or fire protection
4    district a list of all eligible adults who may be at
5    imminent risk of abuse, abandonment, neglect, financial
6    exploitation, or self-neglect;
7        (3) A physician who has before him or her or who is
8    involved in the treatment of an eligible adult whom he or
9    she reasonably suspects may be abused, abandoned,
10    neglected, financially exploited, or self-neglected or who
11    has been referred to the Adult Protective Services
12    Program;
13        (4) An eligible adult reported to be abused,
14    abandoned, neglected, financially exploited, or
15    self-neglected, or such adult's authorized guardian or
16    agent, unless such guardian or agent is the abuser or the
17    alleged abuser;
18        (4.5) An executor or administrator of the estate of an
19    eligible adult who is deceased;
20        (5) In cases regarding abuse, abandonment, neglect, or
21    financial exploitation, a court or a guardian ad litem,
22    upon its or his or her finding that access to such records
23    may be necessary for the determination of an issue before
24    the court. However, such access shall be limited to an in
25    camera inspection of the records, unless the court
26    determines that disclosure of the information contained

 

 

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1    therein is necessary for the resolution of an issue then
2    pending before it;
3        (5.5) In cases regarding self-neglect, a guardian ad
4    litem;
5        (6) A grand jury, upon its determination that access
6    to such records is necessary in the conduct of its
7    official business;
8        (7) Any person authorized by the Director, in writing,
9    for audit or bona fide research purposes;
10        (8) A coroner or medical examiner who has reason to
11    believe that an eligible adult has died as the result of
12    abuse, abandonment, neglect, financial exploitation, or
13    self-neglect. The provider agency shall immediately
14    provide the coroner or medical examiner with all records
15    pertaining to the eligible adult;
16        (8.5) A coroner or medical examiner having proper
17    jurisdiction, pursuant to a written agreement between a
18    provider agency and the coroner or medical examiner, under
19    which the provider agency may furnish to the office of the
20    coroner or medical examiner a list of all eligible adults
21    who may be at imminent risk of death as a result of abuse,
22    abandonment, neglect, financial exploitation, or
23    self-neglect;
24        (9) Department of Financial and Professional
25    Regulation staff and members of the Illinois Medical
26    Disciplinary Board or the Social Work Examining and

 

 

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1    Disciplinary Board in the course of investigating alleged
2    violations of the Clinical Social Work and Social Work
3    Practice Act by provider agency staff or other licensing
4    bodies at the discretion of the Director of the Department
5    on Aging;
6        (9-a) Department of Healthcare and Family Services
7    staff and provider agency staff when that Department is
8    funding services to the eligible adult, including access
9    to the identity of the eligible adult;
10        (9-b) Department of Human Services staff and provider
11    agency staff when that Department is funding services to
12    the eligible adult or is providing reimbursement for
13    services provided by the abuser or alleged abuser,
14    including access to the identity of the eligible adult;
15        (10) Hearing officers in the course of conducting an
16    administrative hearing under this Act; parties to such
17    hearing shall be entitled to discovery as established by
18    rule;
19        (11) A caregiver who challenges placement on the
20    Registry shall be given the statement of allegations in
21    the abuse report and the substantiation decision in the
22    final investigative report; and
23        (12) The Illinois Guardianship and Advocacy Commission
24    and the agency designated by the Governor under Section 1
25    of the Protection and Advocacy for Persons with
26    Developmental Disabilities Act shall have access, through

 

 

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1    the Department, to records, including the findings,
2    pertaining to a completed or closed investigation of a
3    report of suspected abuse, abandonment, neglect, financial
4    exploitation, or self-neglect of an eligible adult.
5(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
699-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
77-15-16; 99-642, eff. 7-28-16.)
 
8    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
9    Sec. 9. Authority to consent to services.
10    (a) If an eligible adult consents to an assessment of a
11reported incident of suspected abuse, abandonment, neglect,
12financial exploitation, or self-neglect and, following the
13assessment of such report, consents to services being provided
14according to the case plan, such services shall be arranged to
15meet the adult's needs, based upon the availability of
16resources to provide such services. If an adult withdraws his
17or her consent for an assessment of the reported incident or
18withdraws his or her consent for services and refuses to
19accept such services, the services shall not be provided.
20    (b) If it reasonably appears to the Department or other
21agency designated under this Act that a person is an eligible
22adult and lacks the capacity to consent to an assessment of a
23reported incident of suspected abuse, abandonment, neglect,
24financial exploitation, or self-neglect or to necessary
25services, the Department or other agency shall take

 

 

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1appropriate action necessary to ameliorate risk to the
2eligible adult if there is a threat of ongoing harm or another
3emergency exists. The Department or other agency shall be
4authorized to seek the appointment of a temporary guardian as
5provided in Article XIa of the Probate Act of 1975 for the
6purpose of consenting to an assessment of the reported
7incident and such services, together with an order for an
8evaluation of the eligible adult's physical, psychological,
9and medical condition and decisional capacity.
10    (c) A guardian of the person of an eligible adult may
11consent to an assessment of the reported incident and to
12services being provided according to the case plan. If an
13eligible adult lacks capacity to consent, an agent having
14authority under a power of attorney may consent to an
15assessment of the reported incident and to services. If the
16guardian or agent is the suspected abuser and he or she
17withdraws consent for the assessment of the reported incident,
18or refuses to allow services to be provided to the eligible
19adult, the Department, an agency designated under this Act, or
20the office of the Attorney General may request a court order
21seeking appropriate remedies, and may in addition request
22removal of the guardian and appointment of a successor
23guardian or request removal of the agent and appointment of a
24guardian.
25    (d) If an emergency exists and the Department or other
26agency designated under this Act reasonably believes that a

 

 

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1person is an eligible adult and lacks the capacity to consent
2to necessary services, the Department or other agency may
3request an ex parte order from the circuit court of the county
4in which the petitioner or respondent resides or in which the
5alleged abuse, abandonment, neglect, financial exploitation,
6or self-neglect occurred, authorizing an assessment of a
7report of alleged or suspected abuse, abandonment, neglect,
8financial exploitation, or self-neglect or the provision of
9necessary services, or both, including relief available under
10the Illinois Domestic Violence Act of 1986 in accord with
11established law and Department protocols, procedures, and
12policies. Petitions filed under this subsection shall be
13treated as expedited proceedings. When an eligible adult is at
14risk of serious injury or death and it reasonably appears that
15the eligible adult lacks capacity to consent to necessary
16services, the Department or other agency designated under this
17Act may take action necessary to ameliorate the risk in
18accordance with administrative rules promulgated by the
19Department.
20    (d-5) For purposes of this Section, an eligible adult
21"lacks the capacity to consent" if qualified staff of an
22agency designated under this Act reasonably determine, in
23accordance with administrative rules promulgated by the
24Department, that he or she appears either (i) unable to
25receive and evaluate information related to the assessment or
26services or (ii) unable to communicate in any manner decisions

 

 

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1related to the assessment of the reported incident or
2services.
3    (e) Within 15 days after the entry of the ex parte
4emergency order, the order shall expire, or, if the need for
5assessment of the reported incident or services continues, the
6provider agency shall petition for the appointment of a
7guardian as provided in Article XIa of the Probate Act of 1975
8for the purpose of consenting to such assessment or services
9or to protect the eligible adult from further harm.
10    (f) If the court enters an ex parte order under subsection
11(d) for an assessment of a reported incident of alleged or
12suspected abuse, abandonment, neglect, financial exploitation,
13or self-neglect, or for the provision of necessary services in
14connection with alleged or suspected self-neglect, or for
15both, the court, as soon as is practicable thereafter, shall
16appoint a guardian ad litem for the eligible adult who is the
17subject of the order, for the purpose of reviewing the
18reasonableness of the order. The guardian ad litem shall
19review the order and, if the guardian ad litem reasonably
20believes that the order is unreasonable, the guardian ad litem
21shall file a petition with the court stating the guardian ad
22litem's belief and requesting that the order be vacated.
23    (g) In all cases in which there is a substantiated finding
24of abuse, abandonment, neglect, or financial exploitation by a
25guardian, the Department shall, within 30 days after the
26finding, notify the Probate Court with jurisdiction over the

 

 

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1guardianship.
2(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
3    (320 ILCS 20/13)
4    Sec. 13. Access.
5    (a) In accord with established law and Department
6protocols, procedures, and policies, the designated provider
7agencies shall have access to eligible adults who have been
8reported or found to be victims of abuse, abandonment,
9neglect, financial exploitation, or self-neglect in order to
10assess the validity of the report, assess other needs of the
11eligible adult, and provide services in accordance with this
12Act.
13    (a-5) A representative of the Department or a designated
14provider agency that is actively involved in an abuse,
15abandonment, neglect, financial exploitation, or self-neglect
16investigation under this Act shall be allowed access to the
17financial records, mental and physical health records, and
18other relevant evaluative records of the eligible adult which
19are in the possession of any individual, financial
20institution, health care provider, mental health provider,
21educational facility, or other facility if necessary to
22complete the investigation mandated by this Act. The provider
23or facility shall provide such records to the representative
24upon receipt of a written request and certification from the
25Department or designated provider agency that an investigation

 

 

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1is being conducted under this Act and the records are
2pertinent to the investigation.
3    Any records received by such representative, the
4confidentiality of which is protected by another law or rule,
5shall be maintained as confidential, except for such use as
6may be necessary for any administrative or other legal
7proceeding.
8    (b) Where access to an eligible adult is denied, including
9the refusal to provide requested records, the Office of the
10Attorney General, the Department, or the provider agency may
11petition the court for an order to require appropriate access
12where:
13        (1) a caregiver or third party has interfered with the
14    assessment or service plan, or
15        (2) the agency has reason to believe that the eligible
16    adult is denying access because of coercion, extortion, or
17    justifiable fear of future abuse, abandonment, neglect, or
18    financial exploitation.
19    (c) The petition for an order requiring appropriate access
20shall be afforded an expedited hearing in the circuit court.
21    (d) If the provider agency has substantiated financial
22exploitation against an eligible adult, and has documented a
23reasonable belief that the eligible adult will be irreparably
24harmed as a result of the financial exploitation, the Office
25of the Attorney General, the Department, or the provider
26agency may petition for an order freezing the assets of the

 

 

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1eligible adult. The petition shall be filed in the county or
2counties in which the assets are located. The court's order
3shall prohibit the sale, gifting, transfer, or wasting of the
4assets of the eligible adult, both real and personal, owned
5by, or vested in, the eligible adult, without the express
6permission of the court. The petition to freeze the assets of
7the eligible adult shall be afforded an expedited hearing in
8the circuit court.
9(Source: P.A. 98-1039, eff. 8-25-14.)
 
10    (320 ILCS 20/15)
11    Sec. 15. Fatality review teams.
12    (a) State policy.
13        (1) Both the State and the community maintain a
14    commitment to preventing the abuse, abandonment, neglect,
15    and financial exploitation of at-risk adults. This
16    includes a charge to bring perpetrators of crimes against
17    at-risk adults to justice and prevent untimely deaths in
18    the community.
19        (2) When an at-risk adult dies, the response to the
20    death by the community, law enforcement, and the State
21    must include an accurate and complete determination of the
22    cause of death, and the development and implementation of
23    measures to prevent future deaths from similar causes.
24        (3) Multidisciplinary and multi-agency reviews of
25    deaths can assist the State and counties in developing a

 

 

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1    greater understanding of the incidence and causes of
2    premature deaths and the methods for preventing those
3    deaths, improving methods for investigating deaths, and
4    identifying gaps in services to at-risk adults.
5        (4) Access to information regarding the deceased
6    person and his or her family by multidisciplinary and
7    multi-agency fatality review teams is necessary in order
8    to fulfill their purposes and duties.
9    (a-5) Definitions. As used in this Section:
10        "Advisory Council" means the Illinois Fatality Review
11    Team Advisory Council.
12        "Review Team" means a regional interagency fatality
13    review team.
14    (b) The Director, in consultation with the Advisory
15Council, law enforcement, and other professionals who work in
16the fields of investigating, treating, or preventing abuse,
17abandonment, or neglect of at-risk adults, shall appoint
18members to a minimum of one review team in each of the
19Department's planning and service areas. Each member of a
20review team shall be appointed for a 2-year term and shall be
21eligible for reappointment upon the expiration of the term. A
22review team's purpose in conducting review of at-risk adult
23deaths is: (i) to assist local agencies in identifying and
24reviewing suspicious deaths of adult victims of alleged,
25suspected, or substantiated abuse, abandonment, or neglect in
26domestic living situations; (ii) to facilitate communications

 

 

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1between officials responsible for autopsies and inquests and
2persons involved in reporting or investigating alleged or
3suspected cases of abuse, abandonment, neglect, or financial
4exploitation of at-risk adults and persons involved in
5providing services to at-risk adults; (iii) to evaluate means
6by which the death might have been prevented; and (iv) to
7report its findings to the appropriate agencies and the
8Advisory Council and make recommendations that may help to
9reduce the number of at-risk adult deaths caused by abuse,
10abandonment, and neglect and that may help to improve the
11investigations of deaths of at-risk adults and increase
12prosecutions, if appropriate.
13    (b-5) Each such team shall be composed of representatives
14of entities and individuals including, but not limited to:
15        (1) the Department on Aging;
16        (2) coroners or medical examiners (or both);
17        (3) State's Attorneys;
18        (4) local police departments;
19        (5) forensic units;
20        (6) local health departments;
21        (7) a social service or health care agency that
22    provides services to persons with mental illness, in a
23    program whose accreditation to provide such services is
24    recognized by the Division of Mental Health within the
25    Department of Human Services;
26        (8) a social service or health care agency that

 

 

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1    provides services to persons with developmental
2    disabilities, in a program whose accreditation to provide
3    such services is recognized by the Division of
4    Developmental Disabilities within the Department of Human
5    Services;
6        (9) a local hospital, trauma center, or provider of
7    emergency medicine;
8        (10) providers of services for eligible adults in
9    domestic living situations; and
10        (11) a physician, psychiatrist, or other health care
11    provider knowledgeable about abuse, abandonment, and
12    neglect of at-risk adults.
13    (c) A review team shall review cases of deaths of at-risk
14adults occurring in its planning and service area (i)
15involving blunt force trauma or an undetermined manner or
16suspicious cause of death; (ii) if requested by the deceased's
17attending physician or an emergency room physician; (iii) upon
18referral by a health care provider; (iv) upon referral by a
19coroner or medical examiner; (v) constituting an open or
20closed case from an adult protective services agency, law
21enforcement agency, State's Attorney's office, or the
22Department of Human Services' Office of the Inspector General
23that involves alleged or suspected abuse, abandonment,
24neglect, or financial exploitation; or (vi) upon referral by a
25law enforcement agency or State's Attorney's office. If such a
26death occurs in a planning and service area where a review team

 

 

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1has not yet been established, the Director shall request that
2the Advisory Council or another review team review that death.
3A team may also review deaths of at-risk adults if the alleged
4abuse, abandonment, or neglect occurred while the person was
5residing in a domestic living situation.
6    A review team shall meet not less than 4 times a year to
7discuss cases for its possible review. Each review team, with
8the advice and consent of the Department, shall establish
9criteria to be used in discussing cases of alleged, suspected,
10or substantiated abuse, abandonment, or neglect for review and
11shall conduct its activities in accordance with any applicable
12policies and procedures established by the Department.
13    (c-5) The Illinois Fatality Review Team Advisory Council,
14consisting of one member from each review team in Illinois,
15shall be the coordinating and oversight body for review teams
16and activities in Illinois. The Director may appoint to the
17Advisory Council any ex-officio members deemed necessary.
18Persons with expertise needed by the Advisory Council may be
19invited to meetings. The Advisory Council must select from its
20members a chairperson and a vice-chairperson, each to serve a
212-year term. The chairperson or vice-chairperson may be
22selected to serve additional, subsequent terms. The Advisory
23Council must meet at least 4 times during each calendar year.
24    The Department may provide or arrange for the staff
25support necessary for the Advisory Council to carry out its
26duties. The Director, in cooperation and consultation with the

 

 

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1Advisory Council, shall appoint, reappoint, and remove review
2team members.
3    The Advisory Council has, but is not limited to, the
4following duties:
5        (1) To serve as the voice of review teams in Illinois.
6        (2) To oversee the review teams in order to ensure
7    that the review teams' work is coordinated and in
8    compliance with State statutes and the operating protocol.
9        (3) To ensure that the data, results, findings, and
10    recommendations of the review teams are adequately used in
11    a timely manner to make any necessary changes to the
12    policies, procedures, and State statutes in order to
13    protect at-risk adults.
14        (4) To collaborate with the Department in order to
15    develop any legislation needed to prevent unnecessary
16    deaths of at-risk adults.
17        (5) To ensure that the review teams' review processes
18    are standardized in order to convey data, findings, and
19    recommendations in a usable format.
20        (6) To serve as a link with review teams throughout
21    the country and to participate in national review team
22    activities.
23        (7) To provide the review teams with the most current
24    information and practices concerning at-risk adult death
25    review and related topics.
26        (8) To perform any other functions necessary to

 

 

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1    enhance the capability of the review teams to reduce and
2    prevent at-risk adult fatalities.
3    The Advisory Council may prepare an annual report, in
4consultation with the Department, using aggregate data
5gathered by review teams and using the review teams'
6recommendations to develop education, prevention, prosecution,
7or other strategies designed to improve the coordination of
8services for at-risk adults and their families.
9    In any instance where a review team does not operate in
10accordance with established protocol, the Director, in
11consultation and cooperation with the Advisory Council, must
12take any necessary actions to bring the review team into
13compliance with the protocol.
14    (d) Any document or oral or written communication shared
15within or produced by the review team relating to a case
16discussed or reviewed by the review team is confidential and
17is not admissible as evidence in any civil or criminal
18proceeding, except for use by a State's Attorney's office in
19prosecuting a criminal case against a caregiver. Those records
20and information are, however, subject to discovery or
21subpoena, and are admissible as evidence, to the extent they
22are otherwise available to the public.
23    Any document or oral or written communication provided to
24a review team by an individual or entity, and created by that
25individual or entity solely for the use of the review team, is
26confidential, is not subject to disclosure to or discoverable

 

 

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1by another party, and is not admissible as evidence in any
2civil or criminal proceeding, except for use by a State's
3Attorney's office in prosecuting a criminal case against a
4caregiver. Those records and information are, however, subject
5to discovery or subpoena, and are admissible as evidence, to
6the extent they are otherwise available to the public.
7    Each entity or individual represented on the fatality
8review team may share with other members of the team
9information in the entity's or individual's possession
10concerning the decedent who is the subject of the review or
11concerning any person who was in contact with the decedent, as
12well as any other information deemed by the entity or
13individual to be pertinent to the review. Any such information
14shared by an entity or individual with other members of the
15review team is confidential. The intent of this paragraph is
16to permit the disclosure to members of the review team of any
17information deemed confidential or privileged or prohibited
18from disclosure by any other provision of law. Release of
19confidential communication between domestic violence advocates
20and a domestic violence victim shall follow subsection (d) of
21Section 227 of the Illinois Domestic Violence Act of 1986
22which allows for the waiver of privilege afforded to
23guardians, executors, or administrators of the estate of the
24domestic violence victim. This provision relating to the
25release of confidential communication between domestic
26violence advocates and a domestic violence victim shall

 

 

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1exclude adult protective service providers.
2    A coroner's or medical examiner's office may share with
3the review team medical records that have been made available
4to the coroner's or medical examiner's office in connection
5with that office's investigation of a death.
6    Members of a review team and the Advisory Council are not
7subject to examination, in any civil or criminal proceeding,
8concerning information presented to members of the review team
9or the Advisory Council or opinions formed by members of the
10review team or the Advisory Council based on that information.
11A person may, however, be examined concerning information
12provided to a review team or the Advisory Council.
13    (d-5) Meetings of the review teams and the Advisory
14Council may be closed to the public under the Open Meetings
15Act. Records and information provided to a review team and the
16Advisory Council, and records maintained by a team or the
17Advisory Council, are exempt from release under the Freedom of
18Information Act.
19    (e) A review team's recommendation in relation to a case
20discussed or reviewed by the review team, including, but not
21limited to, a recommendation concerning an investigation or
22prosecution, may be disclosed by the review team upon the
23completion of its review and at the discretion of a majority of
24its members who reviewed the case.
25    (e-5) The State shall indemnify and hold harmless members
26of a review team and the Advisory Council for all their acts,

 

 

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1omissions, decisions, or other conduct arising out of the
2scope of their service on the review team or Advisory Council,
3except those involving willful or wanton misconduct. The
4method of providing indemnification shall be as provided in
5the State Employee Indemnification Act.
6    (f) The Department, in consultation with coroners, medical
7examiners, and law enforcement agencies, shall use aggregate
8data gathered by and recommendations from the Advisory Council
9and the review teams to create an annual report and may use
10those data and recommendations to develop education,
11prevention, prosecution, or other strategies designed to
12improve the coordination of services for at-risk adults and
13their families. The Department or other State or county
14agency, in consultation with coroners, medical examiners, and
15law enforcement agencies, also may use aggregate data gathered
16by the review teams to create a database of at-risk
17individuals.
18    (g) The Department shall adopt such rules and regulations
19as it deems necessary to implement this Section.
20(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2199-78, eff. 7-20-15; 99-530, eff. 1-1-17.)
 
22    Section 10. The Criminal Code of 2012 is amended by
23changing Sections 3-5 and 17-56 as follows:
 
24    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)

 

 

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1    Sec. 3-5. General limitations.
2    (a) A prosecution for: (1) first degree murder, attempt to
3commit first degree murder, second degree murder, involuntary
4manslaughter, reckless homicide, a violation of subparagraph
5(F) of paragraph (1) of subsection (d) of Section 11-501 of the
6Illinois Vehicle Code for the offense of aggravated driving
7under the influence of alcohol, other drug or drugs, or
8intoxicating compound or compounds, or any combination thereof
9when the violation was a proximate cause of a death, leaving
10the scene of a motor vehicle accident involving death or
11personal injuries under Section 11-401 of the Illinois Vehicle
12Code, failing to give information and render aid under Section
1311-403 of the Illinois Vehicle Code, concealment of homicidal
14death, treason, arson, residential arson, aggravated arson,
15forgery, child pornography under paragraph (1) of subsection
16(a) of Section 11-20.1, or aggravated child pornography under
17paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
18any offense involving sexual conduct or sexual penetration, as
19defined by Section 11-0.1 of this Code may be commenced at any
20time.
21    (a-5) A prosecution for theft of property exceeding
22$100,000 in value under Section 16-1, identity theft under
23subsection (a) of Section 16-30, aggravated identity theft
24under subsection (b) of Section 16-30, financial exploitation
25of an elderly person or a person with a disability under
26Section 17-56; theft by deception of a victim 60 years of age

 

 

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1or older or a person with a disability under Section 16-1; or
2any offense set forth in Article 16H or Section 17-10.6 may be
3commenced within 7 years of the last act committed in
4furtherance of the crime.
5    (b) Unless the statute describing the offense provides
6otherwise, or the period of limitation is extended by Section
73-6, a prosecution for any offense not designated in
8subsection (a) or (a-5) must be commenced within 3 years after
9the commission of the offense if it is a felony, or within one
10year and 6 months after its commission if it is a misdemeanor.
11(Source: P.A. 100-149, eff. 1-1-18; 100-863, eff. 8-14-18;
12101-130, eff. 1-1-20.)
 
13    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
14    Sec. 17-56. Financial exploitation of an elderly person or
15a person with a disability.
16    (a) A person commits financial exploitation of an elderly
17person or a person with a disability when he or she stands in a
18position of trust or confidence with the elderly person or a
19person with a disability and he or she knowingly:
20        (1) by deception or intimidation obtains control over
21    the property of an elderly person or a person with a
22    disability; or
23        (2) illegally uses the assets or resources of an
24    elderly person or a person with a disability.
25    (b) Sentence. Financial exploitation of an elderly person

 

 

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1or a person with a disability is: (1) a Class 4 felony if the
2value of the property is $300 or less, (2) a Class 3 felony if
3the value of the property is more than $300 but less than
4$5,000, (3) a Class 2 felony if the value of the property is
5$5,000 or more but less than $50,000, and (4) a Class 1 felony
6if the value of the property is $50,000 or more or if the
7elderly person is over 70 years of age and the value of the
8property is $15,000 or more or if the elderly person is 80
9years of age or older and the value of the property is $5,000
10or more.
11    (c) For purposes of this Section:
12        (1) "Elderly person" means a person 60 years of age or
13    older.
14        (2) "Person with a disability" means a person who
15    suffers from a physical or mental impairment resulting
16    from disease, injury, functional disorder or congenital
17    condition that impairs the individual's mental or physical
18    ability to independently manage his or her property or
19    financial resources, or both.
20        (3) "Intimidation" means the communication to an
21    elderly person or a person with a disability that he or she
22    shall be deprived of food and nutrition, shelter,
23    prescribed medication or medical care and treatment or
24    conduct as provided in Section 12-6 of this Code.
25        (4) "Deception" means, in addition to its meaning as
26    defined in Section 15-4 of this Code, a misrepresentation

 

 

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1    or concealment of material fact relating to the terms of a
2    contract or agreement entered into with the elderly person
3    or person with a disability or to the existing or
4    pre-existing condition of any of the property involved in
5    such contract or agreement; or the use or employment of
6    any misrepresentation, false pretense or false promise in
7    order to induce, encourage or solicit the elderly person
8    or person with a disability to enter into a contract or
9    agreement.
10    The illegal use of the assets or resources of an elderly
11person or a person with a disability includes, but is not
12limited to, the misappropriation of those assets or resources
13by undue influence, breach of a fiduciary relationship, fraud,
14deception, extortion, or use of the assets or resources
15contrary to law.
16    A person stands in a position of trust and confidence with
17an elderly person or person with a disability when he (i) is a
18parent, spouse, adult child or other relative by blood or
19marriage of the elderly person or person with a disability,
20(ii) is a joint tenant or tenant in common with the elderly
21person or person with a disability, (iii) has a legal or
22fiduciary relationship with the elderly person or person with
23a disability, (iv) is a financial planning or investment
24professional, or (v) is a paid or unpaid caregiver for the
25elderly person or person with a disability, or (vi) is a friend
26or acquaintance in a position of trust.

 

 

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1    (d) Limitations. Nothing in this Section shall be
2construed to limit the remedies available to the victim under
3the Illinois Domestic Violence Act of 1986.
4    (e) Good faith efforts. Nothing in this Section shall be
5construed to impose criminal liability on a person who has
6made a good faith effort to assist the elderly person or person
7with a disability in the management of his or her property, but
8through no fault of his or her own has been unable to provide
9such assistance.
10    (f) Not a defense. It shall not be a defense to financial
11exploitation of an elderly person or person with a disability
12that the accused reasonably believed that the victim was not
13an elderly person or person with a disability. Consent is not a
14defense to financial exploitation of an elderly person or a
15person with a disability if the accused knew or had reason to
16know that the elderly person or a person with a disability
17lacked capacity to consent.
18    (g) Civil Liability. A civil cause of action exists for
19financial exploitation of an elderly person or a person with a
20disability as described in subsection (a) of this Section. A
21person against whom a civil judgment has been entered for
22financial exploitation of an elderly person or person with a
23disability shall be liable to the victim or to the estate of
24the victim in damages of treble the amount of the value of the
25property obtained, plus reasonable attorney fees and court
26costs. In a civil action under this subsection, the burden of

 

 

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1proof that the defendant committed financial exploitation of
2an elderly person or a person with a disability as described in
3subsection (a) of this Section shall be by a preponderance of
4the evidence. This subsection shall be operative whether or
5not the defendant has been charged or convicted of the
6criminal offense as described in subsection (a) of this
7Section. This subsection (g) shall not limit or affect the
8right of any person to bring any cause of action or seek any
9remedy available under the common law, or other applicable
10law, arising out of the financial exploitation of an elderly
11person or a person with a disability.
12    (h) If a person is charged with financial exploitation of
13an elderly person or a person with a disability that involves
14the taking or loss of property valued at more than $5,000, a
15prosecuting attorney may file a petition with the circuit
16court of the county in which the defendant has been charged to
17freeze the assets of the defendant in an amount equal to but
18not greater than the alleged value of lost or stolen property
19in the defendant's pending criminal proceeding for purposes of
20restitution to the victim. The burden of proof required to
21freeze the defendant's assets shall be by a preponderance of
22the evidence.
23(Source: P.A. 101-394, eff. 1-1-20.)
 
24    Section 15. The Home Repair Fraud Act is amended by
25changing Section 3 as follows:
 

 

 

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1    (815 ILCS 515/3)  (from Ch. 121 1/2, par. 1603)
2    Sec. 3. Home Repair Fraud.
3    (a) A person commits the offense of home repair fraud when
4he knowingly enters into an agreement or contract, written or
5oral, with a person for home repair, and he knowingly:
6        (1) Misrepresents a material fact relating to the
7    terms of the contract or agreement or the preexisting or
8    existing condition of any portion of the property
9    involved, or creates or confirms another's impression
10    which is false and which he does not believe to be true, or
11    promises performance which he does not intend to perform
12    or knows will not be performed or completed at any time
13    during the performance of the service; or
14        (2) uses or employs any deception, false pretense or
15    false promises in order to induce, encourage or solicit
16    such person to enter into any contract or agreement; or
17        (3) enters into an unconscionable agreement or
18    contract requiring payment to the contractor of at least
19    $4,000. A contract is unconscionable within the meaning of
20    this Act when an unreasonable difference exists between
21    the value of the services, materials and work to be
22    performed and the amount charged for those services,
23    materials and work. For purposes of this Section, prima
24    facie evidence shall exist that the contract or agreement
25    is unconscionable if the total payment called for by the

 

 

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1    contract or agreement is in excess of four times the fair
2    market value for those services, materials and work; or
3        (4) fails to comply with the provisions of "An Act in
4    relation to the use of an assumed name in the conduct or
5    transaction of business in this State", approved July 17,
6    1941, as amended, and misrepresents or conceals either his
7    real name, the name of his business, or his business
8    address.
9    (b) A person commits the offense of home repair fraud when
10he knowingly:
11        (1) damages the property of a person with the intent
12    to enter into an agreement or contract for home repair; or
13        (2) misrepresents himself or another to be an employee
14    or agent of any unit of the federal, State or municipal
15    government or any other governmental unit, or an employee
16    or agent of any public utility, with the intent to cause a
17    person to enter into, with himself or another, any
18    contract or agreement for home repair.
19    (c) For purposes of subsection (a), paragraph (1), it
20shall be a rebuttable presumption of intent or knowledge that
21a person promises performance which he does not intend to
22perform and knows will not be performed when, after no
23performance or no substantial performance of a contract or
24agreement for home repair, he fails or refuses to return
25payments made by the victim and he:
26        (1) fails to acknowledge or respond to a written

 

 

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1    demand for commencement or completion of home repair
2    within 10 days after such demand is mailed or presented to
3    him by the victim or by the victim's legal representative
4    or by a law enforcement or consumer agency acting on
5    behalf of the victim; or
6        (2) fails to notify the victim in writing of a change
7    of business name or address prior to the completion of the
8    home repair; or
9        (3) makes false statements or representations to the
10    victim to excuse his non-performance or non-substantial
11    performance; or
12        (4) uses deception to obtain the victim's consent to
13    modification of the terms of the original contract or
14    agreement; or
15        (5) fails to employ qualified personnel necessary to
16    perform the home repair; or
17        (6) fails to order or purchase the basic materials
18    required for performance of the home repair; or
19        (7) fails to comply with municipal, county, State or
20    federal regulations or codes relating to the performance
21    of home repair.
22    Intent and knowledge shall be determined by an evaluation
23of all circumstances surrounding a transaction and the
24determination shall not be limited to the time of contract or
25agreement.
26    Substantial performance shall not include work performed

 

 

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1in a manner of little or no value or work that fails to comply
2with the appropriate municipal, county, State or federal
3regulations or codes.
4(Source: P.A. 87-820.)".