Illinois General Assembly - Full Text of SB1919
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Full Text of SB1919  102nd General Assembly

SB1919sam001 102ND GENERAL ASSEMBLY

Sen. Rachelle Crowe

Filed: 3/26/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1919

2    AMENDMENT NO. ______. Amend Senate Bill 1919 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 anyone having care or custody of that
12eligible adult under circumstances in which a reasonable
13person would continue to provide care and custody.
14    (a-1) (a) "Abuse" means causing any physical, mental or
15sexual injury to an eligible adult, including exploitation of
16such adult's financial resources, and abandonment.

 

 

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

 

 

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

 

 

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1    Hospital Licensing Act;
2        (5) A "community living facility" as defined in the
3    Community Living Facilities Licensing Act;
4        (6) (Blank);
5        (7) A "community-integrated living arrangement" as
6    defined in the Community-Integrated Living Arrangements
7    Licensure and Certification Act or a "community
8    residential alternative" as licensed under that Act;
9        (8) An assisted living or shared housing establishment
10    as defined in the Assisted Living and Shared Housing Act;
11    or
12        (9) A supportive living facility as described in
13    Section 5-5.01a of the Illinois Public Aid Code.
14    (e) "Eligible adult" means either an adult with
15disabilities aged 18 through 59 or a person aged 60 or older
16who resides in a domestic living situation and is, or is
17alleged to be, abused, abandoned, neglected, or financially
18exploited by another individual or who neglects himself or
19herself. "Eligible adult" also includes an adult who resides
20in any of the facilities that are excluded from the definition
21of "domestic living situation" under paragraphs (1) through
22(9) of subsection (d), if either: (i) the alleged abuse,
23abandonment, or neglect occurs outside of the facility and not
24under facility supervision and the alleged abuser is a family
25member, caregiver, or another person who has a continuing
26relationship with the adult; or (ii) the alleged financial

 

 

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1exploitation is perpetrated by a family member, caregiver, or
2another person who has a continuing relationship with the
3adult, but who is not an employee of the facility where the
4adult resides.
5    (f) "Emergency" means a situation in which an eligible
6adult is living in conditions presenting a risk of death or
7physical, mental or sexual injury and the provider agency has
8reason to believe the eligible adult is unable to consent to
9services which would alleviate that risk.
10    (f-1) "Financial exploitation" means the use of an
11eligible adult's resources by another to the disadvantage of
12that adult or the profit or advantage of a person other than
13that adult.
14    (f-5) "Mandated reporter" means any of the following
15persons while engaged in carrying out their professional
16duties:
17        (1) a professional or professional's delegate while
18    engaged in: (i) social services, (ii) law enforcement,
19    (iii) education, (iv) the care of an eligible adult or
20    eligible adults, or (v) any of the occupations required to
21    be licensed under the Clinical Psychologist Licensing Act,
22    the Clinical Social Work and Social Work Practice Act, the
23    Illinois Dental Practice Act, the Dietitian Nutritionist
24    Practice Act, the Marriage and Family Therapy Licensing
25    Act, the Medical Practice Act of 1987, the Naprapathic
26    Practice Act, the Nurse Practice Act, the Nursing Home

 

 

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

 

 

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1    confidential;
2        (5) field personnel of the Department of Healthcare
3    and Family Services, Department of Public Health, and
4    Department of Human Services, and any county or municipal
5    health department;
6        (6) personnel of the Department of Human Services, the
7    Guardianship and Advocacy Commission, the State Fire
8    Marshal, local fire departments, the Department on Aging
9    and its subsidiary Area Agencies on Aging and provider
10    agencies, and the Office of State Long Term Care
11    Ombudsman;
12        (7) any employee of the State of Illinois not
13    otherwise specified herein who is involved in providing
14    services to eligible adults, including professionals
15    providing medical or rehabilitation services and all other
16    persons having direct contact with eligible adults;
17        (8) a person who performs the duties of a coroner or
18    medical examiner; or
19        (9) a person who performs the duties of a paramedic or
20    an emergency medical technician.
21    (g) "Neglect" means another individual's failure to
22provide an eligible adult with or willful withholding from an
23eligible adult the necessities of life including, but not
24limited to, food, clothing, shelter or health care. This
25subsection does not create any new affirmative duty to provide
26support to eligible adults. Nothing in this Act shall be

 

 

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1construed to mean that an eligible adult is a victim of neglect
2because of health care services provided or not provided by
3licensed health care professionals.
4    (h) "Provider agency" means any public or nonprofit agency
5in a planning and service area that is selected by the
6Department or appointed by the regional administrative agency
7with prior approval by the Department on Aging to receive and
8assess reports of alleged or suspected abuse, abandonment,
9neglect, or financial exploitation. A provider agency is also
10referenced as a "designated agency" in this Act.
11    (i) "Regional administrative agency" means any public or
12nonprofit agency in a planning and service area that provides
13regional oversight and performs functions as set forth in
14subsection (b) of Section 3 of this Act. The Department shall
15designate an Area Agency on Aging as the regional
16administrative agency or, in the event the Area Agency on
17Aging in that planning and service area is deemed by the
18Department to be unwilling or unable to provide those
19functions, the Department may serve as the regional
20administrative agency or designate another qualified entity to
21serve as the regional administrative agency; any such
22designation shall be subject to terms set forth by the
23Department.
24    (i-5) "Self-neglect" means a condition that is the result
25of an eligible adult's inability, due to physical or mental
26impairments, or both, or a diminished capacity, to perform

 

 

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1essential self-care tasks that substantially threaten his or
2her own health, including: providing essential food, clothing,
3shelter, and health care; and obtaining goods and services
4necessary to maintain physical health, mental health,
5emotional well-being, and general safety. The term includes
6compulsive hoarding, which is characterized by the acquisition
7and retention of large quantities of items and materials that
8produce an extensively cluttered living space, which
9significantly impairs the performance of essential self-care
10tasks or otherwise substantially threatens life or safety.
11    (j) "Substantiated case" means a reported case of alleged
12or suspected abuse, abandonment, neglect, financial
13exploitation, or self-neglect in which a provider agency,
14after assessment, determines that there is reason to believe
15abuse, abandonment, neglect, or financial exploitation has
16occurred.
17    (k) "Verified" means a determination that there is "clear
18and convincing evidence" that the specific injury or harm
19alleged was the result of abuse, abandonment, neglect, or
20financial exploitation.
21(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 
22    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
23    Sec. 3. Responsibilities.
24    (a) The Department shall establish, design, and manage a
25protective services program for eligible adults who have been,

 

 

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

 

 

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

 

 

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

 

 

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1caregiver's identity on the Registry as described in Section
27.5 of this Act.
3    (d) Upon sufficient appropriations to implement a
4statewide program, the Department shall implement a program,
5based on the recommendations of the Self-Neglect Steering
6Committee, for (i) responding to reports of possible
7self-neglect, (ii) protecting the autonomy, rights, privacy,
8and privileges of adults during investigations of possible
9self-neglect and consequential judicial proceedings regarding
10competency, (iii) collecting and sharing relevant information
11and data among the Department, provider agencies, regional
12administrative agencies, and relevant seniors, (iv) developing
13working agreements between provider agencies and law
14enforcement, where practicable, and (v) developing procedures
15for collecting data regarding incidents of self-neglect.
16(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
17    (320 ILCS 20/3.3 new)
18    Sec. 3.3. Adult protective services trauma-informed
19training.
20    (a) This Section applies to any employee in the Office of
21Adult Protective Services who works on the development and
22implementation of social services to respond to and prevent
23adult abuse, neglect, exploitation, or abandonment.
24    (b) Subject to appropriation, the Department shall offer
25an annual trauma-informed training program that includes (i)

 

 

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

 

 

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1    employees who work with adults who may have experienced
2    abuse, neglect, exploitation, or abandonment, including
3    the development of a self-care plan.
4        (6) How to incorporate monitoring and support
5    techniques for employees experiencing secondary trauma
6    into departmental policies, guidelines, and protocols.
7    (d) This Section is designed to address gaps in current
8trauma-informed training requirements for employees of the
9Office of Adult Protective Services and to improve the quality
10of training. If any law or rule existing on the effective date
11of this amendatory Act of the 102nd General Assembly contains
12more rigorous training requirements for employees of the
13Office of Adult Protective Services, then that law or rule
14shall apply. If there is overlap between this Section and
15other laws and rules, the Department shall interpret this
16Section to avoid duplication of requirements while ensuring
17that the minimum requirements set in this Section are met.
18    (e) The Department may adopt rules to implement this
19Section.
 
20    (320 ILCS 20/3.5)
21    Sec. 3.5. Other responsibilities. The Department shall
22also be responsible for the following activities, contingent
23upon adequate funding; implementation shall be expanded to
24adults with disabilities upon the effective date of this
25amendatory Act of the 98th General Assembly, except those

 

 

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1responsibilities under subsection (a), which shall be
2undertaken as soon as practicable:
3        (a) promotion of a wide range of endeavors for the
4    purpose of preventing abuse, abandonment, neglect,
5    financial exploitation, and self-neglect, including, but
6    not limited to, promotion of public and professional
7    education to increase awareness of abuse, abandonment,
8    neglect, financial exploitation, and self-neglect; to
9    increase reports; to establish access to and use of the
10    Registry established under Section 7.5; and to improve
11    response by various legal, financial, social, and health
12    systems;
13        (b) coordination of efforts with other agencies,
14    councils, and like entities, to include but not be limited
15    to, the Administrative Office of the Illinois Courts, the
16    Office of the Attorney General, the State Police, the
17    Illinois Law Enforcement Training Standards Board, the
18    State Triad, the Illinois Criminal Justice Information
19    Authority, the Departments of Public Health, Healthcare
20    and Family Services, and Human Services, the Illinois
21    Guardianship and Advocacy Commission, the Family Violence
22    Coordinating Council, the Illinois Violence Prevention
23    Authority, and other entities which may impact awareness
24    of, and response to, abuse, abandonment, neglect,
25    financial exploitation, and self-neglect;
26        (c) collection and analysis of data;

 

 

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

 

 

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1    premises of such financial institutions, provided that the
2    manner of displaying or distributing such information is
3    subject to the sole discretion of each financial
4    institution;
5        (g-1) developing by joint rulemaking with the
6    Department of Financial and Professional Regulation
7    minimum training standards which shall be used by
8    financial institutions for their current and new employees
9    with direct customer contact; the Department of Financial
10    and Professional Regulation shall retain sole visitation
11    and enforcement authority under this subsection (g-1); the
12    Department of Financial and Professional Regulation shall
13    provide bi-annual reports to the Department setting forth
14    aggregate statistics on the training programs required
15    under this subsection (g-1); and
16        (h) coordinating efforts with utility and electric
17    companies to send notices in utility bills to explain to
18    persons 60 years of age or older their rights regarding
19    telemarketing and home repair fraud.
20(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2199-143, eff. 7-27-15.)
 
22    (320 ILCS 20/3.6 new)
23    Sec. 3.6. Elder abuse risk assessment tool.
24    (a) The Department shall develop and implement a
25demonstration project to allow for the use of a risk

 

 

10200SB1919sam001- 19 -LRB102 17284 KTG 24222 a

1assessment tool to assist in identifying elderly persons,
2including homebound persons, who may be experiencing elder
3abuse, abandonment, neglect, or exploitation and providing the
4necessary support to address elder abuse, abandonment,
5neglect, or exploitation. The Department shall finalize
6planning on the demonstration project by December 1, 2022 with
7implementation beginning on January 1, 2023. The risk
8assessment tool shall identify (i) the level of risk for elder
9abuse, abandonment, neglect, or exploitation; (ii) risk
10factors causing the abuse, abandonment, neglect, or
11exploitation; and (iii) appropriate follow-up and action in
12response to any suspected abuse, abandonment, neglect, or
13exploitation. In identifying a risk assessment tool, the
14Department shall coordinate with all of the following:
15        (1) The Department of Healthcare and Family Services.
16        (2) A hospital, hospital system, or a statewide
17    association representing hospitals.
18        (3) A managed care organization or a statewide
19    association representing managed care organizations.
20        (4) A Care Coordination Unit.
21        (5) An Area Agency on Aging or a statewide association
22    representing Area Agencies on Aging.
23        (6) Legal aid providers.
24        (7) A financial institution or a statewide association
25    representing financial institutions.
26        (8) Adult Protective Services providers.

 

 

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1    (b) The risk assessment tool shall be comprehensive and
2include all of the following components:
3        (1) Client demographics.
4        (2) Indicators of elder abuse, abandonment, neglect,
5    or exploitation.
6        (3) Contributing risk factors for abuse, abandonment,
7    neglect, or exploitation.
8        (4) Overall level of risk on a scale of low, medium,
9    and high-risk level.
10        (5) Appropriate follow-up and action.
11        (6) Client outcomes.
12    (c) If any hospital employee, social worker, or other
13employee utilizing the risk assessment tool identifies that an
14elderly person is at risk for elder abuse, abandonment,
15neglect, or exploitation, the employee shall utilize the risk
16assessment tool to refer the elderly person to a managed care
17organization, legal aid service, Adult Protective Services
18provider, or other needed services and supports.
19    (d) The Department may adopt rules to implement this
20Section.
 
21    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
22    Sec. 4. Reports of abuse, abandonment, or neglect.
23    (a) Any person who suspects the abuse, abandonment,
24neglect, financial exploitation, or self-neglect of an
25eligible adult may report this suspicion to an agency

 

 

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1designated to receive such reports under this Act or to the
2Department.
3    (a-5) If any mandated reporter has reason to believe that
4an eligible adult, who because of a disability or other
5condition or impairment is unable to seek assistance for
6himself or herself, has, within the previous 12 months, been
7subjected to abuse, abandonment, neglect, or financial
8exploitation, the mandated reporter shall, within 24 hours
9after developing such belief, report this suspicion to an
10agency designated to receive such reports under this Act or to
11the Department. The agency designated to receive such reports
12under this Act or the Department may establish a manner in
13which a mandated reporter can make the required report through
14an Internet reporting tool. Information sent and received
15through the Internet reporting tool is subject to the same
16rules in this Act as other types of confidential reporting
17established by the designated agency or the Department.
18Whenever a mandated reporter is required to report under this
19Act in his or her capacity as a member of the staff of a
20medical or other public or private institution, facility, or
21agency, he or she shall make a report to an agency designated
22to receive such reports under this Act or to the Department in
23accordance with the provisions of this Act and may also notify
24the person in charge of the institution, facility, or agency
25or his or her designated agent that the report has been made.
26Under no circumstances shall any person in charge of such

 

 

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1institution, facility, or agency, or his or her designated
2agent to whom the notification has been made, exercise any
3control, restraint, modification, or other change in the
4report or the forwarding of the report to an agency designated
5to receive such reports under this Act or to the Department.
6The privileged quality of communication between any
7professional person required to report and his or her patient
8or client shall not apply to situations involving abused,
9abandoned, neglected, or financially exploited eligible adults
10and shall not constitute grounds for failure to report as
11required by this Act.
12    (a-7) A person making a report under this Act in the belief
13that it is in the alleged victim's best interest shall be
14immune from criminal or civil liability or professional
15disciplinary action on account of making the report,
16notwithstanding any requirements concerning the
17confidentiality of information with respect to such eligible
18adult which might otherwise be applicable.
19    (a-9) Law enforcement officers shall continue to report
20incidents of alleged abuse pursuant to the Illinois Domestic
21Violence Act of 1986, notwithstanding any requirements under
22this Act.
23    (b) Any person, institution or agency participating in the
24making of a report, providing information or records related
25to a report, assessment, or services, or participating in the
26investigation of a report under this Act in good faith, or

 

 

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

 

 

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1filing and compiling reports made under this Act.
2    (e) Any physician who willfully fails to report as
3required by this Act shall be referred to the Illinois State
4Medical Disciplinary Board for action in accordance with
5subdivision (A)(22) of Section 22 of the Medical Practice Act
6of 1987. Any dentist or dental hygienist who willfully fails
7to report as required by this Act shall be referred to the
8Department of Professional Regulation for action in accordance
9with paragraph 19 of Section 23 of the Illinois Dental
10Practice Act. Any optometrist who willfully fails to report as
11required by this Act shall be referred to the Department of
12Financial and Professional Regulation for action in accordance
13with paragraph (15) of subsection (a) of Section 24 of the
14Illinois Optometric Practice Act of 1987. Any other mandated
15reporter required by this Act to report suspected abuse,
16abandonment, neglect, or financial exploitation who willfully
17fails to report the same is guilty of a Class A misdemeanor.
18(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
1998-1039, eff. 8-25-14.)
 
20    (320 ILCS 20/4.1)
21    Sec. 4.1. Employer discrimination. No employer shall
22discharge, demote or suspend, or threaten to discharge, demote
23or suspend, or in any manner discriminate against any employee
24who makes any good faith oral or written report of suspected
25abuse, abandonment, neglect, or financial exploitation or who

 

 

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1is or will be a witness or testify in any investigation or
2proceeding concerning a report of suspected abuse,
3abandonment, neglect, or financial exploitation.
4(Source: P.A. 98-49, eff. 7-1-13.)
 
5    (320 ILCS 20/4.2)
6    Sec. 4.2. Testimony by mandated reporter and investigator.
7Any mandated reporter who makes a report or any person who
8investigates a report under this Act shall testify fully in
9any judicial proceeding resulting from such report, as to any
10evidence of abuse, abandonment, neglect, or financial
11exploitation or the cause thereof. Any mandated reporter who
12is required to report a suspected case of abuse, abandonment,
13neglect, or financial exploitation under Section 4 of this Act
14shall testify fully in any administrative hearing resulting
15from such report, as to any evidence of abuse, abandonment,
16neglect, or financial exploitation or the cause thereof. No
17evidence shall be excluded by reason of any common law or
18statutory privilege relating to communications between the
19alleged abuser or the eligible adult subject of the report
20under this Act and the person making or investigating the
21report.
22(Source: P.A. 90-628, eff. 1-1-99.)
 
23    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
24    Sec. 5. Procedure.

 

 

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1    (a) A provider agency designated to receive reports of
2alleged or suspected abuse, abandonment, neglect, financial
3exploitation, or self-neglect under this Act shall, upon
4receiving such a report, conduct a face-to-face assessment
5with respect to such report, in accord with established law
6and Department protocols, procedures, and policies.
7Face-to-face assessments, casework, and follow-up of reports
8of self-neglect by the provider agencies designated to receive
9reports of self-neglect shall be subject to sufficient
10appropriation for statewide implementation of assessments,
11casework, and follow-up of reports of self-neglect. In the
12absence of sufficient appropriation for statewide
13implementation of assessments, casework, and follow-up of
14reports of self-neglect, the designated adult protective
15services provider agency shall refer all reports of
16self-neglect to the appropriate agency or agencies as
17designated by the Department for any follow-up. The assessment
18shall include, but not be limited to, a visit to the residence
19of the eligible adult who is the subject of the report and
20shall include interviews or consultations regarding the
21allegations with service agencies, immediate family members,
22and individuals who may have knowledge of the eligible adult's
23circumstances based on the consent of the eligible adult in
24all instances, except where the provider agency is acting in
25the best interest of an eligible adult who is unable to seek
26assistance for himself or herself and where there are

 

 

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1allegations against a caregiver who has assumed
2responsibilities in exchange for compensation. If, after the
3assessment, the provider agency determines that the case is
4substantiated it shall develop a service care plan for the
5eligible adult and may report its findings at any time during
6the case to the appropriate law enforcement agency in accord
7with established law and Department protocols, procedures, and
8policies. In developing a case plan, the provider agency may
9consult with any other appropriate provider of services, and
10such providers shall be immune from civil or criminal
11liability on account of such acts. The plan shall include
12alternative suggested or recommended services which are
13appropriate to the needs of the eligible adult and which
14involve the least restriction of the eligible adult's
15activities commensurate with his or her needs. Only those
16services to which consent is provided in accordance with
17Section 9 of this Act shall be provided, contingent upon the
18availability of such services.
19    (b) A provider agency shall refer evidence of crimes
20against an eligible adult to the appropriate law enforcement
21agency according to Department policies. A referral to law
22enforcement may be made at intake or any time during the case.
23Where a provider agency has reason to believe the death of an
24eligible adult may be the result of abuse, abandonment, or
25neglect, the agency shall immediately report the matter to the
26coroner or medical examiner and shall cooperate fully with any

 

 

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1subsequent investigation.
2    (c) If any person other than the alleged victim refuses to
3allow the provider agency to begin an investigation,
4interferes with the provider agency's ability to conduct an
5investigation, or refuses to give access to an eligible adult,
6the appropriate law enforcement agency must be consulted
7regarding the investigation.
8(Source: P.A. 101-496, eff. 1-1-20.)
 
9    (320 ILCS 20/7.1)
10    Sec. 7.1. Final investigative report. A provider agency
11shall prepare a final investigative report, upon the
12completion or closure of an investigation, in all cases of
13reported abuse, abandonment, neglect, financial exploitation,
14or self-neglect of an eligible adult, whether or not there is a
15substantiated finding.
16(Source: P.A. 98-49, eff. 7-1-13.)
 
17    (320 ILCS 20/7.5)
18    Sec. 7.5. Registry.
19    (a) To protect individuals receiving in-home and
20community-based services, the Department on Aging shall
21establish an Adult Protective Service Registry that will be
22hosted by the Department of Public Health on its website
23effective January 1, 2015, and, if practicable, shall propose
24rules for the Registry by January 1, 2015.

 

 

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1    (a-5) The Registry shall identify caregivers against whom
2a verified and substantiated finding was made under this Act
3of abuse, abandonment, neglect, or financial exploitation.
4    The information in the Registry shall be confidential
5except as specifically authorized in this Act and shall not be
6deemed a public record.
7    (a-10) Reporting to the Registry. The Department on Aging
8shall report to the Registry the identity of the caregiver
9when a verified and substantiated finding of abuse,
10abandonment, neglect, or financial exploitation of an eligible
11adult under this Act is made against a caregiver, and all
12appeals, challenges, and reviews, if any, have been completed
13and a finding for placement on the Registry has been sustained
14or upheld.
15    A finding against a caregiver that is placed in the
16Registry shall preclude that caregiver from providing direct
17care, as defined in this Section, in a position with or that is
18regulated by or paid with public funds from the Department on
19Aging, the Department of Healthcare and Family Services, the
20Department of Human Services, or the Department of Public
21Health or with an entity or provider licensed, certified, or
22regulated by or paid with public funds from any of these State
23agencies.
24    (b) Definitions. As used in this Section:
25    "Direct care" includes, but is not limited to, direct
26access to a person aged 60 or older or to an adult with

 

 

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

 

 

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

 

 

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

 

 

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1collective bargaining agreement after that caregiver's name
2has already been sent to the Registry, the caregiver's name
3shall be removed from the Registry.
4    (i) Removal from Registry. At any time after a report to
5the Registry, but no more than once in each successive 3-year
6period thereafter, for a maximum of 3 such requests, a
7caregiver may request removal of his or her name from the
8Registry in relationship to a single incident. The caregiver
9shall bear the burden of establishing, by a preponderance of
10the evidence, that removal of his or her name from the Registry
11is in the public interest. Upon receiving such a request, the
12Department on Aging shall conduct an investigation and
13consider any evidentiary material provided. The Department
14shall issue a decision either granting or denying removal to
15the caregiver and report it to the Registry. The Department
16shall, by rule, establish standards and a process for
17requesting the removal of a name from the Registry.
18    (j) Referral of Registry reports to health care
19facilities. In the event an eligible adult receiving services
20from a provider agency changes his or her residence from a
21domestic living situation to that of a health care or long term
22care facility, the provider agency shall use reasonable
23efforts to promptly inform the facility and the appropriate
24Regional Long Term Care Ombudsman about any Registry reports
25relating to the eligible adult. For purposes of this Section,
26a health care or long term care facility includes, but is not

 

 

10200SB1919sam001- 34 -LRB102 17284 KTG 24222 a

1limited to, any residential facility licensed, certified, or
2regulated by the Department of Public Health, Healthcare and
3Family Services, or Human Services.
4    (k) The Department on Aging and its employees and agents
5shall have immunity, except for intentional willful and wanton
6misconduct, from any liability, civil, criminal, or otherwise,
7for reporting information to and maintaining the Registry.
8(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;
998-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
10    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
11    Sec. 8. Access to records. All records concerning reports
12of abuse, abandonment, neglect, financial exploitation, or
13self-neglect and all records generated as a result of such
14reports shall be confidential and shall not be disclosed
15except as specifically authorized by this Act or other
16applicable law. In accord with established law and Department
17protocols, procedures, and policies, access to such records,
18but not access to the identity of the person or persons making
19a report of alleged abuse, abandonment, neglect, financial
20exploitation, or self-neglect as contained in such records,
21shall be provided, upon request, to the following persons and
22for the following persons:
23        (1) Department staff, provider agency staff, other
24    aging network staff, and regional administrative agency
25    staff, including staff of the Chicago Department on Aging

 

 

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

 

 

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1    exploitation, or self-neglect;
2        (3) A physician who has before him or her or who is
3    involved in the treatment of an eligible adult whom he or
4    she reasonably suspects may be abused, abandoned,
5    neglected, financially exploited, or self-neglected or who
6    has been referred to the Adult Protective Services
7    Program;
8        (4) An eligible adult reported to be abused,
9    abandoned, neglected, financially exploited, or
10    self-neglected, or such adult's authorized guardian or
11    agent, unless such guardian or agent is the abuser or the
12    alleged abuser;
13        (4.5) An executor or administrator of the estate of an
14    eligible adult who is deceased;
15        (5) In cases regarding abuse, abandonment, neglect, or
16    financial exploitation, a court or a guardian ad litem,
17    upon its or his or her finding that access to such records
18    may be necessary for the determination of an issue before
19    the court. However, such access shall be limited to an in
20    camera inspection of the records, unless the court
21    determines that disclosure of the information contained
22    therein is necessary for the resolution of an issue then
23    pending before it;
24        (5.5) In cases regarding self-neglect, a guardian ad
25    litem;
26        (6) A grand jury, upon its determination that access

 

 

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1    to such records is necessary in the conduct of its
2    official business;
3        (7) Any person authorized by the Director, in writing,
4    for audit or bona fide research purposes;
5        (8) A coroner or medical examiner who has reason to
6    believe that an eligible adult has died as the result of
7    abuse, abandonment, neglect, financial exploitation, or
8    self-neglect. The provider agency shall immediately
9    provide the coroner or medical examiner with all records
10    pertaining to the eligible adult;
11        (8.5) A coroner or medical examiner having proper
12    jurisdiction, pursuant to a written agreement between a
13    provider agency and the coroner or medical examiner, under
14    which the provider agency may furnish to the office of the
15    coroner or medical examiner a list of all eligible adults
16    who may be at imminent risk of death as a result of abuse,
17    abandonment, neglect, financial exploitation, or
18    self-neglect;
19        (9) Department of Financial and Professional
20    Regulation staff and members of the Illinois Medical
21    Disciplinary Board or the Social Work Examining and
22    Disciplinary Board in the course of investigating alleged
23    violations of the Clinical Social Work and Social Work
24    Practice Act by provider agency staff or other licensing
25    bodies at the discretion of the Director of the Department
26    on Aging;

 

 

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1        (9-a) Department of Healthcare and Family Services
2    staff and provider agency staff when that Department is
3    funding services to the eligible adult, including access
4    to the identity of the eligible adult;
5        (9-b) Department of Human Services staff and provider
6    agency staff when that Department is funding services to
7    the eligible adult or is providing reimbursement for
8    services provided by the abuser or alleged abuser,
9    including access to the identity of the eligible adult;
10        (10) Hearing officers in the course of conducting an
11    administrative hearing under this Act; parties to such
12    hearing shall be entitled to discovery as established by
13    rule;
14        (11) A caregiver who challenges placement on the
15    Registry shall be given the statement of allegations in
16    the abuse report and the substantiation decision in the
17    final investigative report; and
18        (12) The Illinois Guardianship and Advocacy Commission
19    and the agency designated by the Governor under Section 1
20    of the Protection and Advocacy for Persons with
21    Developmental Disabilities Act shall have access, through
22    the Department, to records, including the findings,
23    pertaining to a completed or closed investigation of a
24    report of suspected abuse, abandonment, neglect, financial
25    exploitation, or self-neglect of an eligible adult.
26(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;

 

 

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199-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
27-15-16; 99-642, eff. 7-28-16.)
 
3    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
4    Sec. 9. Authority to consent to services.
5    (a) If an eligible adult consents to an assessment of a
6reported incident of suspected abuse, abandonment, neglect,
7financial exploitation, or self-neglect and, following the
8assessment of such report, consents to services being provided
9according to the case plan, such services shall be arranged to
10meet the adult's needs, based upon the availability of
11resources to provide such services. If an adult withdraws his
12or her consent for an assessment of the reported incident or
13withdraws his or her consent for services and refuses to
14accept such services, the services shall not be provided.
15    (b) If it reasonably appears to the Department or other
16agency designated under this Act that a person is an eligible
17adult and lacks the capacity to consent to an assessment of a
18reported incident of suspected abuse, abandonment, neglect,
19financial exploitation, or self-neglect or to necessary
20services, the Department or other agency shall take
21appropriate action necessary to ameliorate risk to the
22eligible adult if there is a threat of ongoing harm or another
23emergency exists. The Department or other agency shall be
24authorized to seek the appointment of a temporary guardian as
25provided in Article XIa of the Probate Act of 1975 for the

 

 

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1purpose of consenting to an assessment of the reported
2incident and such services, together with an order for an
3evaluation of the eligible adult's physical, psychological,
4and medical condition and decisional capacity.
5    (c) A guardian of the person of an eligible adult may
6consent to an assessment of the reported incident and to
7services being provided according to the case plan. If an
8eligible adult lacks capacity to consent, an agent having
9authority under a power of attorney may consent to an
10assessment of the reported incident and to services. If the
11guardian or agent is the suspected abuser and he or she
12withdraws consent for the assessment of the reported incident,
13or refuses to allow services to be provided to the eligible
14adult, the Department, an agency designated under this Act, or
15the office of the Attorney General may request a court order
16seeking appropriate remedies, and may in addition request
17removal of the guardian and appointment of a successor
18guardian or request removal of the agent and appointment of a
19guardian.
20    (d) If an emergency exists and the Department or other
21agency designated under this Act reasonably believes that a
22person is an eligible adult and lacks the capacity to consent
23to necessary services, the Department or other agency may
24request an ex parte order from the circuit court of the county
25in which the petitioner or respondent resides or in which the
26alleged abuse, abandonment, neglect, financial exploitation,

 

 

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

 

 

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1provider agency shall petition for the appointment of a
2guardian as provided in Article XIa of the Probate Act of 1975
3for the purpose of consenting to such assessment or services
4or to protect the eligible adult from further harm.
5    (f) If the court enters an ex parte order under subsection
6(d) for an assessment of a reported incident of alleged or
7suspected abuse, abandonment, neglect, financial exploitation,
8or self-neglect, or for the provision of necessary services in
9connection with alleged or suspected self-neglect, or for
10both, the court, as soon as is practicable thereafter, shall
11appoint a guardian ad litem for the eligible adult who is the
12subject of the order, for the purpose of reviewing the
13reasonableness of the order. The guardian ad litem shall
14review the order and, if the guardian ad litem reasonably
15believes that the order is unreasonable, the guardian ad litem
16shall file a petition with the court stating the guardian ad
17litem's belief and requesting that the order be vacated.
18    (g) In all cases in which there is a substantiated finding
19of abuse, abandonment, neglect, or financial exploitation by a
20guardian, the Department shall, within 30 days after the
21finding, notify the Probate Court with jurisdiction over the
22guardianship.
23(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
24    (320 ILCS 20/13)
25    Sec. 13. Access.

 

 

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1    (a) In accord with established law and Department
2protocols, procedures, and policies, the designated provider
3agencies shall have access to eligible adults who have been
4reported or found to be victims of abuse, abandonment,
5neglect, financial exploitation, or self-neglect in order to
6assess the validity of the report, assess other needs of the
7eligible adult, and provide services in accordance with this
8Act.
9    (a-5) A representative of the Department or a designated
10provider agency that is actively involved in an abuse,
11abandonment, neglect, financial exploitation, or self-neglect
12investigation under this Act shall be allowed access to the
13financial records, mental and physical health records, and
14other relevant evaluative records of the eligible adult which
15are in the possession of any individual, financial
16institution, health care provider, mental health provider,
17educational facility, or other facility if necessary to
18complete the investigation mandated by this Act. The provider
19or facility shall provide such records to the representative
20upon receipt of a written request and certification from the
21Department or designated provider agency that an investigation
22is being conducted under this Act and the records are
23pertinent to the investigation.
24    Any records received by such representative, the
25confidentiality of which is protected by another law or rule,
26shall be maintained as confidential, except for such use as

 

 

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1may be necessary for any administrative or other legal
2proceeding.
3    (b) Where access to an eligible adult is denied, including
4the refusal to provide requested records, the Office of the
5Attorney General, the Department, or the provider agency may
6petition the court for an order to require appropriate access
7where:
8        (1) a caregiver or third party has interfered with the
9    assessment or service plan, or
10        (2) the agency has reason to believe that the eligible
11    adult is denying access because of coercion, extortion, or
12    justifiable fear of future abuse, abandonment, neglect, or
13    financial exploitation.
14    (c) The petition for an order requiring appropriate access
15shall be afforded an expedited hearing in the circuit court.
16    (d) If the provider agency has substantiated financial
17exploitation against an eligible adult, and has documented a
18reasonable belief that the eligible adult will be irreparably
19harmed as a result of the financial exploitation, the Office
20of the Attorney General, the Department, or the provider
21agency may petition for an order freezing the assets of the
22eligible adult. The petition shall be filed in the county or
23counties in which the assets are located. The court's order
24shall prohibit the sale, gifting, transfer, or wasting of the
25assets of the eligible adult, both real and personal, owned
26by, or vested in, the eligible adult, without the express

 

 

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1permission of the court. The petition to freeze the assets of
2the eligible adult shall be afforded an expedited hearing in
3the circuit court.
4(Source: P.A. 98-1039, eff. 8-25-14.)
 
5    (320 ILCS 20/15)
6    Sec. 15. Fatality review teams.
7    (a) State policy.
8        (1) Both the State and the community maintain a
9    commitment to preventing the abuse, abandonment, neglect,
10    and financial exploitation of at-risk adults. This
11    includes a charge to bring perpetrators of crimes against
12    at-risk adults to justice and prevent untimely deaths in
13    the community.
14        (2) When an at-risk adult dies, the response to the
15    death by the community, law enforcement, and the State
16    must include an accurate and complete determination of the
17    cause of death, and the development and implementation of
18    measures to prevent future deaths from similar causes.
19        (3) Multidisciplinary and multi-agency reviews of
20    deaths can assist the State and counties in developing a
21    greater understanding of the incidence and causes of
22    premature deaths and the methods for preventing those
23    deaths, improving methods for investigating deaths, and
24    identifying gaps in services to at-risk adults.
25        (4) Access to information regarding the deceased

 

 

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

 

 

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

 

 

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1        (9) a local hospital, trauma center, or provider of
2    emergency medicine;
3        (10) providers of services for eligible adults in
4    domestic living situations; and
5        (11) a physician, psychiatrist, or other health care
6    provider knowledgeable about abuse, abandonment, and
7    neglect of at-risk adults.
8    (c) A review team shall review cases of deaths of at-risk
9adults occurring in its planning and service area (i)
10involving blunt force trauma or an undetermined manner or
11suspicious cause of death; (ii) if requested by the deceased's
12attending physician or an emergency room physician; (iii) upon
13referral by a health care provider; (iv) upon referral by a
14coroner or medical examiner; (v) constituting an open or
15closed case from an adult protective services agency, law
16enforcement agency, State's Attorney's office, or the
17Department of Human Services' Office of the Inspector General
18that involves alleged or suspected abuse, abandonment,
19neglect, or financial exploitation; or (vi) upon referral by a
20law enforcement agency or State's Attorney's office. If such a
21death occurs in a planning and service area where a review team
22has not yet been established, the Director shall request that
23the Advisory Council or another review team review that death.
24A team may also review deaths of at-risk adults if the alleged
25abuse, abandonment, or neglect occurred while the person was
26residing in a domestic living situation.

 

 

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1    A review team shall meet not less than 4 times a year to
2discuss cases for its possible review. Each review team, with
3the advice and consent of the Department, shall establish
4criteria to be used in discussing cases of alleged, suspected,
5or substantiated abuse, abandonment, or neglect for review and
6shall conduct its activities in accordance with any applicable
7policies and procedures established by the Department.
8    (c-5) The Illinois Fatality Review Team Advisory Council,
9consisting of one member from each review team in Illinois,
10shall be the coordinating and oversight body for review teams
11and activities in Illinois. The Director may appoint to the
12Advisory Council any ex-officio members deemed necessary.
13Persons with expertise needed by the Advisory Council may be
14invited to meetings. The Advisory Council must select from its
15members a chairperson and a vice-chairperson, each to serve a
162-year term. The chairperson or vice-chairperson may be
17selected to serve additional, subsequent terms. The Advisory
18Council must meet at least 4 times during each calendar year.
19    The Department may provide or arrange for the staff
20support necessary for the Advisory Council to carry out its
21duties. The Director, in cooperation and consultation with the
22Advisory Council, shall appoint, reappoint, and remove review
23team members.
24    The Advisory Council has, but is not limited to, the
25following duties:
26        (1) To serve as the voice of review teams in Illinois.

 

 

10200SB1919sam001- 50 -LRB102 17284 KTG 24222 a

1        (2) To oversee the review teams in order to ensure
2    that the review teams' work is coordinated and in
3    compliance with State statutes and the operating protocol.
4        (3) To ensure that the data, results, findings, and
5    recommendations of the review teams are adequately used in
6    a timely manner to make any necessary changes to the
7    policies, procedures, and State statutes in order to
8    protect at-risk adults.
9        (4) To collaborate with the Department in order to
10    develop any legislation needed to prevent unnecessary
11    deaths of at-risk adults.
12        (5) To ensure that the review teams' review processes
13    are standardized in order to convey data, findings, and
14    recommendations in a usable format.
15        (6) To serve as a link with review teams throughout
16    the country and to participate in national review team
17    activities.
18        (7) To provide the review teams with the most current
19    information and practices concerning at-risk adult death
20    review and related topics.
21        (8) To perform any other functions necessary to
22    enhance the capability of the review teams to reduce and
23    prevent at-risk adult fatalities.
24    The Advisory Council may prepare an annual report, in
25consultation with the Department, using aggregate data
26gathered by review teams and using the review teams'

 

 

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

 

 

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1the extent they are otherwise available to the public.
2    Each entity or individual represented on the fatality
3review team may share with other members of the team
4information in the entity's or individual's possession
5concerning the decedent who is the subject of the review or
6concerning any person who was in contact with the decedent, as
7well as any other information deemed by the entity or
8individual to be pertinent to the review. Any such information
9shared by an entity or individual with other members of the
10review team is confidential. The intent of this paragraph is
11to permit the disclosure to members of the review team of any
12information deemed confidential or privileged or prohibited
13from disclosure by any other provision of law. Release of
14confidential communication between domestic violence advocates
15and a domestic violence victim shall follow subsection (d) of
16Section 227 of the Illinois Domestic Violence Act of 1986
17which allows for the waiver of privilege afforded to
18guardians, executors, or administrators of the estate of the
19domestic violence victim. This provision relating to the
20release of confidential communication between domestic
21violence advocates and a domestic violence victim shall
22exclude adult protective service providers.
23    A coroner's or medical examiner's office may share with
24the review team medical records that have been made available
25to the coroner's or medical examiner's office in connection
26with that office's investigation of a death.

 

 

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1    Members of a review team and the Advisory Council are not
2subject to examination, in any civil or criminal proceeding,
3concerning information presented to members of the review team
4or the Advisory Council or opinions formed by members of the
5review team or the Advisory Council based on that information.
6A person may, however, be examined concerning information
7provided to a review team or the Advisory Council.
8    (d-5) Meetings of the review teams and the Advisory
9Council may be closed to the public under the Open Meetings
10Act. Records and information provided to a review team and the
11Advisory Council, and records maintained by a team or the
12Advisory Council, are exempt from release under the Freedom of
13Information Act.
14    (e) A review team's recommendation in relation to a case
15discussed or reviewed by the review team, including, but not
16limited to, a recommendation concerning an investigation or
17prosecution, may be disclosed by the review team upon the
18completion of its review and at the discretion of a majority of
19its members who reviewed the case.
20    (e-5) The State shall indemnify and hold harmless members
21of a review team and the Advisory Council for all their acts,
22omissions, decisions, or other conduct arising out of the
23scope of their service on the review team or Advisory Council,
24except those involving willful or wanton misconduct. The
25method of providing indemnification shall be as provided in
26the State Employee Indemnification Act.

 

 

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1    (f) The Department, in consultation with coroners, medical
2examiners, and law enforcement agencies, shall use aggregate
3data gathered by and recommendations from the Advisory Council
4and the review teams to create an annual report and may use
5those data and recommendations to develop education,
6prevention, prosecution, or other strategies designed to
7improve the coordination of services for at-risk adults and
8their families. The Department or other State or county
9agency, in consultation with coroners, medical examiners, and
10law enforcement agencies, also may use aggregate data gathered
11by the review teams to create a database of at-risk
12individuals.
13    (g) The Department shall adopt such rules and regulations
14as it deems necessary to implement this Section.
15(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1699-78, eff. 7-20-15; 99-530, eff. 1-1-17.)
 
17    Section 10. The Criminal Code of 2012 is amended by
18changing Sections 3-5 and 17-56 as follows:
 
19    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
20    Sec. 3-5. General limitations.
21    (a) A prosecution for: (1) first degree murder, attempt to
22commit first degree murder, second degree murder, involuntary
23manslaughter, reckless homicide, a violation of subparagraph
24(F) of paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1Illinois Vehicle Code for the offense of aggravated driving
2under the influence of alcohol, other drug or drugs, or
3intoxicating compound or compounds, or any combination thereof
4when the violation was a proximate cause of a death, leaving
5the scene of a motor vehicle accident involving death or
6personal injuries under Section 11-401 of the Illinois Vehicle
7Code, failing to give information and render aid under Section
811-403 of the Illinois Vehicle Code, concealment of homicidal
9death, treason, arson, residential arson, aggravated arson,
10forgery, child pornography under paragraph (1) of subsection
11(a) of Section 11-20.1, or aggravated child pornography under
12paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
13any offense involving sexual conduct or sexual penetration, as
14defined by Section 11-0.1 of this Code may be commenced at any
15time.
16    (a-5) A prosecution for theft of property exceeding
17$100,000 in value under Section 16-1, identity theft under
18subsection (a) of Section 16-30, aggravated identity theft
19under subsection (b) of Section 16-30, financial exploitation
20of an elderly person or a person with a disability under
21Section 17-56; theft by deception of a victim 60 years of age
22or older or a person with a disability under Section 16-1; or
23any offense set forth in Article 16H or Section 17-10.6 may be
24commenced within 7 years of the last act committed in
25furtherance of the crime.
26    (b) Unless the statute describing the offense provides

 

 

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1otherwise, or the period of limitation is extended by Section
23-6, a prosecution for any offense not designated in
3subsection (a) or (a-5) must be commenced within 3 years after
4the commission of the offense if it is a felony, or within one
5year and 6 months after its commission if it is a misdemeanor.
6(Source: P.A. 100-149, eff. 1-1-18; 100-863, eff. 8-14-18;
7101-130, eff. 1-1-20.)
 
8    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
9    Sec. 17-56. Financial exploitation of an elderly person or
10a person with a disability.
11    (a) A person commits financial exploitation of an elderly
12person or a person with a disability when he or she stands in a
13position of trust or confidence with the elderly person or a
14person with a disability and he or she knowingly:
15        (1) by deception or intimidation obtains control over
16    the property of an elderly person or a person with a
17    disability; or
18        (2) illegally uses the assets or resources of an
19    elderly person or a person with a disability.
20    (b) Sentence. Financial exploitation of an elderly person
21or a person with a disability is: (1) a Class 4 felony if the
22value of the property is $300 or less, (2) a Class 3 felony if
23the value of the property is more than $300 but less than
24$5,000, (3) a Class 2 felony if the value of the property is
25$5,000 or more but less than $50,000, and (4) a Class 1 felony

 

 

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

 

 

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1    any misrepresentation, false pretense or false promise in
2    order to induce, encourage or solicit the elderly person
3    or person with a disability to enter into a contract or
4    agreement.
5    The illegal use of the assets or resources of an elderly
6person or a person with a disability includes, but is not
7limited to, the misappropriation of those assets or resources
8by undue influence, breach of a fiduciary relationship, fraud,
9deception, extortion, or use of the assets or resources
10contrary to law.
11    A person stands in a position of trust and confidence with
12an elderly person or person with a disability when he (i) is a
13parent, spouse, adult child or other relative by blood or
14marriage of the elderly person or person with a disability,
15(ii) is a joint tenant or tenant in common with the elderly
16person or person with a disability, (iii) has a legal or
17fiduciary relationship with the elderly person or person with
18a disability, (iv) is a financial planning or investment
19professional, or (v) is a paid or unpaid caregiver for the
20elderly person or person with a disability, or (vi) is a friend
21or acquaintance in a position of trust.
22    (d) Limitations. Nothing in this Section shall be
23construed to limit the remedies available to the victim under
24the Illinois Domestic Violence Act of 1986.
25    (e) Good faith efforts. Nothing in this Section shall be
26construed to impose criminal liability on a person who has

 

 

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1made a good faith effort to assist the elderly person or person
2with a disability in the management of his or her property, but
3through no fault of his or her own has been unable to provide
4such assistance.
5    (f) Not a defense. It shall not be a defense to financial
6exploitation of an elderly person or person with a disability
7that the accused reasonably believed that the victim was not
8an elderly person or person with a disability. Consent is not a
9defense to financial exploitation of an elderly person or a
10person with a disability if the accused knew or had reason to
11know that the elderly person or a person with a disability
12lacked capacity to consent.
13    (g) Civil Liability. A civil cause of action exists for
14financial exploitation of an elderly person or a person with a
15disability as described in subsection (a) of this Section. A
16person against whom a civil judgment has been entered for
17financial exploitation of an elderly person or person with a
18disability shall be liable to the victim or to the estate of
19the victim in damages of treble the amount of the value of the
20property obtained, plus reasonable attorney fees and court
21costs. In a civil action under this subsection, the burden of
22proof that the defendant committed financial exploitation of
23an elderly person or a person with a disability as described in
24subsection (a) of this Section shall be by a preponderance of
25the evidence. This subsection shall be operative whether or
26not the defendant has been charged or convicted of the

 

 

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1criminal offense as described in subsection (a) of this
2Section. This subsection (g) shall not limit or affect the
3right of any person to bring any cause of action or seek any
4remedy available under the common law, or other applicable
5law, arising out of the financial exploitation of an elderly
6person or a person with a disability.
7    (h) If a person is charged with financial exploitation of
8an elderly person or a person with a disability that involves
9the taking or loss of property valued at more than $5,000, a
10prosecuting attorney may file a petition with the circuit
11court of the county in which the defendant has been charged to
12freeze the assets of the defendant in an amount equal to but
13not greater than the alleged value of lost or stolen property
14in the defendant's pending criminal proceeding for purposes of
15restitution to the victim. The burden of proof required to
16freeze the defendant's assets shall be by a preponderance of
17the evidence.
18(Source: P.A. 101-394, eff. 1-1-20.)
 
19    Section 15. The Home Repair Fraud Act is amended by
20changing Section 5 as follows:
 
21    (815 ILCS 515/5)  (from Ch. 121 1/2, par. 1605)
22    Sec. 5. Aggravated Home Repair Fraud. A person commits the
23offense of aggravated home repair fraud when he commits home
24repair fraud:

 

 

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1        (i) against an elderly person or a person with a
2    disability as defined in Section 17-56 of the Criminal
3    Code of 2012; or
4        (ii) in connection with a home repair project intended
5    to assist a person with a disability.
6    A person commits aggravated home repair fraud when he or
7she misrepresents a material fact to an elderly person or
8person with a disability relating to the terms of a contract or
9agreement or a preexisting or existing condition of any
10portion of a property involved, or creates or confirms an
11impression which is false and which he or she does not believe
12to be true, or promises performance which he or she does not
13intend to perform or knows will not be performed or completed
14at any time during the performance of the service.
15    (a) Aggravated violation of paragraphs (1) or (2) of
16subsection (a) of Section 3 of this Act shall be a Class 2
17felony when the amount of the contract or agreement is more
18than $500, a Class 3 felony when the amount of the contract or
19agreement is $500 or less, and a Class 2 felony for a second or
20subsequent offense when the amount of the contract or
21agreement is $500 or less. If 2 or more contracts or agreements
22for home repair exceed an aggregate amount of $500 or more and
23such contracts or agreements are entered into with the same
24victim by one or more of the defendants as part of or in
25furtherance of a common fraudulent scheme, design or
26intention, the violation shall be a Class 2 felony.

 

 

10200SB1919sam001- 62 -LRB102 17284 KTG 24222 a

1    (b) Aggravated violation of paragraph (3) of subsection
2(a) of Section 3 of this Act shall be a Class 2 felony when the
3amount of the contract or agreement is more than $5,000 and a
4Class 3 felony when the amount of the contract or agreement is
5$5,000 or less.
6    (c) Aggravated violation of paragraph (4) of subsection
7(a) of Section 3 of this Act shall be a Class 3 felony when the
8amount of the contract or agreement is more than $500, a Class
94 felony when the amount of the contract or agreement is $500
10or less and a Class 3 felony for a second or subsequent offense
11when the amount of the contract or agreement is $500 or less.
12    (d) Aggravated violation of paragraphs (1) or (2) of
13subsection (b) of Section 3 of this Act shall be a Class 3
14felony.
15    (e) If a person commits aggravated home repair fraud, then
16any State or local license or permit held by that person that
17relates to the business of home repair may be appropriately
18suspended or revoked by the issuing authority, commensurate
19with the severity of the offense.
20    (f) A defense to aggravated home repair fraud does not
21exist merely because the accused reasonably believed the
22victim to be a person less than 60 years of age.
23(Source: P.A. 99-143, eff. 7-27-15.)".