Full Text of SB3128 101st General Assembly
SB3128 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3128 Introduced 2/6/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/17-56 | was 720 ILCS 5/16-1.3 |
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Amends the Criminal Code of 2012 concerning the offense of financial exploitation of an elderly
person or a person with a disability. Expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 17-56 as follows:
| 6 | | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| 7 | | Sec. 17-56. Financial exploitation of an elderly person or | 8 | | a
person with a disability.
| 9 | | (a) A person commits financial exploitation of an elderly
| 10 | | person or a person with a disability when he or she stands in a
| 11 | | position of trust
or confidence with the
elderly person or a | 12 | | person with a disability
and he
or she knowingly: | 13 | | (1) by
deception or
intimidation obtains control over | 14 | | the property of an elderly person or
a person
with a | 15 | | disability;
or | 16 | | (2) illegally uses the assets or resources of an | 17 | | elderly person or a
person with a disability.
| 18 | | (b) Sentence. Financial exploitation of an elderly person | 19 | | or a person
with a
disability is: (1) a Class 4
felony if the | 20 | | value of the property is $300 or less, (2) a Class 3 felony if
| 21 | | the value of the property is more than $300 but less than | 22 | | $5,000, (3) a Class 2
felony if the value of the property is | 23 | | $5,000 or more but less than
$50,000, and (4) a Class 1 felony |
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| 1 | | if the value of the property is $50,000 or more
or if the | 2 | | elderly person is over 70 years of age and the value of the
| 3 | | property is $15,000 or more or if the elderly person is 80 | 4 | | years of age or
older and the value of the property is $5,000 | 5 | | or 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 from
| 11 | | 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 any |
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| 1 | | misrepresentation, false pretense or false promise in
| 2 | | order to induce, encourage or solicit the elderly person or
| 3 | | person with
a disability to
enter into a contract or | 4 | | agreement.
| 5 | | The illegal use of the assets or resources of an
elderly | 6 | | person or a person with a disability includes, but is not | 7 | | limited
to, the misappropriation of those assets or resources | 8 | | by undue influence,
breach of a fiduciary relationship, fraud, | 9 | | deception, extortion, or
use of the assets or resources | 10 | | contrary to law. | 11 | | A person stands in a position of
trust and confidence with | 12 | | an elderly person or person with a
disability when he (i) is a
| 13 | | parent, spouse, adult child or other relative by blood or | 14 | | marriage of the
elderly person or person with a disability, | 15 | | (ii) is a joint
tenant or
tenant in common with
the elderly | 16 | | person or person with a disability, (iii) has
a legal or
| 17 | | fiduciary relationship
with the elderly person or person with a | 18 | | disability, (iv) is a financial
planning or investment | 19 | | professional, or (v) is a paid or unpaid caregiver for the | 20 | | elderly person or person with a disability , or (vi) is a friend | 21 | | or acquaintance in a position of trust .
| 22 | | (d) Limitations. Nothing in this Section shall be construed | 23 | | to limit the remedies
available to the victim under the | 24 | | Illinois Domestic Violence Act of 1986.
| 25 | | (e) Good faith efforts. Nothing in this Section shall be | 26 | | construed to impose criminal
liability on a person who has made |
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| 1 | | a good faith effort to assist the
elderly person or person with | 2 | | a disability in the
management of his or her
property, but | 3 | | through
no fault of his or her own has been unable to provide | 4 | | such assistance.
| 5 | | (f) Not a defense. It shall not be a defense to financial | 6 | | exploitation of an elderly
person or person with a disability | 7 | | that the accused reasonably believed
that the victim was
not an | 8 | | elderly person or person with a disability. Consent is not a | 9 | | defense to financial exploitation of an elderly person or a | 10 | | person with a disability if the accused knew or had reason to | 11 | | know that the elderly person or a person with a disability | 12 | | lacked capacity to consent.
| 13 | | (g) Civil Liability. A civil cause of action exists for | 14 | | financial exploitation of an elderly person or a
person with a | 15 | | disability as described in subsection (a) of this Section. A | 16 | | person against whom a civil judgment has been entered for | 17 | | financial exploitation of an elderly person
or person with a | 18 | | disability shall be liable to the victim or to the estate of | 19 | | the
victim in damages of treble the amount of the value of the | 20 | | property
obtained, plus reasonable attorney fees and court | 21 | | costs. In a civil action under this subsection, the burden of
| 22 | | proof that the defendant committed financial exploitation of an | 23 | | elderly person or a
person with a disability as described in | 24 | | subsection (a) of this Section shall be
by a preponderance of | 25 | | the evidence. This subsection shall be operative
whether or not | 26 | | the defendant has been charged or convicted of the criminal |
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| 1 | | offense as described in subsection (a) of this Section. This | 2 | | subsection (g) shall not limit or affect the right of any | 3 | | person to bring any cause of action or seek any remedy | 4 | | available under the common law, or other applicable law, | 5 | | arising out of the financial exploitation of an elderly person | 6 | | or a person with a disability.
| 7 | | (h) If a person is charged with financial exploitation of | 8 | | an elderly person or a person with a disability that involves | 9 | | the taking or loss of property valued at more than $5,000, a | 10 | | prosecuting attorney may file a petition with the circuit court | 11 | | of the county in which the defendant has been charged to freeze | 12 | | the assets of the defendant in an amount equal to but not | 13 | | greater than the alleged value of lost or stolen property in | 14 | | the defendant's pending criminal proceeding for purposes of | 15 | | restitution to the victim. The burden of proof required to | 16 | | freeze the defendant's assets shall be by a preponderance of | 17 | | the evidence. | 18 | | (Source: P.A. 101-394, eff. 1-1-20 .)
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