Full Text of SB3180 99th General Assembly
SB3180eng 99TH GENERAL ASSEMBLY |
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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 | | Sections 1-6, 3-6, 16-1, and 17-56 as follows:
| 6 | | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| 7 | | Sec. 1-6. Place of trial.
| 8 | | (a) Generally.
| 9 | | Criminal actions shall be tried
in the county where the | 10 | | offense was committed, except as otherwise provided
by law. The | 11 | | State is not required to prove during trial that the alleged
| 12 | | offense occurred in any particular county in this State. When a | 13 | | defendant
contests the place of trial under this Section, all | 14 | | proceedings regarding this
issue shall be conducted under | 15 | | Section 114-1 of the Code of Criminal Procedure
of 1963. All | 16 | | objections of improper place of trial are waived by a defendant
| 17 | | unless made before trial.
| 18 | | (b) Assailant and Victim in Different Counties.
| 19 | | If a person committing an offense upon the person of | 20 | | another is
located in one county and his victim is located in | 21 | | another county at the
time of the commission of the offense, | 22 | | trial may be had in either of
said counties.
| 23 | | (c) Death and Cause of Death in Different Places or |
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| 1 | | Undetermined.
| 2 | | If cause of death is inflicted in one county and death | 3 | | ensues in
another county, the offender may be tried in either | 4 | | county. If neither
the county in which the cause of death was | 5 | | inflicted nor the county in which
death ensued are known before | 6 | | trial, the offender may be tried in the county
where the body | 7 | | was found.
| 8 | | (d) Offense Commenced Outside the State.
| 9 | | If the commission of an offense commenced outside the State | 10 | | is
consummated within this State, the offender shall be tried | 11 | | in the county
where the offense is consummated.
| 12 | | (e) Offenses Committed in Bordering Navigable Waters.
| 13 | | If an offense is committed on any of the navigable waters | 14 | | bordering
on this State, the offender may be tried in any | 15 | | county adjacent to such
navigable water.
| 16 | | (f) Offenses Committed while in Transit.
| 17 | | If an offense is committed upon any railroad car, vehicle, | 18 | | watercraft
or aircraft passing within this State, and it cannot | 19 | | readily be
determined in which county the offense was | 20 | | committed, the offender may
be tried in any county through | 21 | | which such railroad car, vehicle,
watercraft or aircraft has | 22 | | passed.
| 23 | | (g) Theft.
| 24 | | A person who commits theft of property may be tried in any | 25 | | county in
which he exerted control over such property.
| 26 | | (h) Bigamy.
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| 1 | | A person who commits the offense of bigamy may be tried in | 2 | | any county
where the bigamous marriage or bigamous cohabitation | 3 | | has occurred.
| 4 | | (i) Kidnaping.
| 5 | | A person who commits the offense of kidnaping may be tried | 6 | | in any
county in which his victim has traveled or has been | 7 | | confined during the
course of the offense.
| 8 | | (j) Pandering.
| 9 | | A person who commits the offense of pandering as set forth | 10 | | in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be | 11 | | tried in any
county in which the prostitution was practiced or | 12 | | in any county in which
any act in furtherance of the offense | 13 | | shall have been committed.
| 14 | | (k) Treason.
| 15 | | A person who commits the offense of treason may be tried in | 16 | | any
county.
| 17 | | (l) Criminal Defamation.
| 18 | | If criminal defamation is spoken, printed or written in one | 19 | | county
and is received or circulated in another or other | 20 | | counties, the offender
shall be tried in the county where the | 21 | | defamation is spoken, printed or
written. If the defamation is | 22 | | spoken, printed or written outside this
state, or the offender | 23 | | resides outside this state, the offender may be
tried in any | 24 | | county in this state in which the defamation was circulated
or | 25 | | received.
| 26 | | (m) Inchoate Offenses.
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| 1 | | A person who commits an inchoate offense may be tried in | 2 | | any county
in which any act which is an element of the offense, | 3 | | including the
agreement in conspiracy, is committed.
| 4 | | (n) Accountability for Conduct of Another.
| 5 | | Where a person in one county solicits, aids, abets, agrees, | 6 | | or
attempts to aid another in the planning or commission of an | 7 | | offense in
another county, he may be tried for the offense in | 8 | | either county.
| 9 | | (o) Child Abduction.
| 10 | | A person who commits the offense of child abduction may be | 11 | | tried in any
county in which his victim has traveled, been | 12 | | detained, concealed or
removed to during the course of the | 13 | | offense. Notwithstanding the foregoing,
unless for good cause | 14 | | shown, the preferred place of trial shall be the
county of the | 15 | | residence of the lawful custodian.
| 16 | | (p) A person who commits the offense of narcotics | 17 | | racketeering may be
tried in any county where cannabis or a | 18 | | controlled substance which is the
basis for the charge of | 19 | | narcotics racketeering was used; acquired;
transferred or | 20 | | distributed to, from or through; or any county where any act
| 21 | | was performed to further the use; acquisition, transfer or | 22 | | distribution of
said cannabis or controlled substance; any | 23 | | money, property, property
interest, or any other asset | 24 | | generated by narcotics activities was
acquired, used, sold, | 25 | | transferred or distributed to, from or through; or,
any | 26 | | enterprise interest obtained as a result of narcotics |
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| 1 | | racketeering was
acquired, used, transferred or distributed | 2 | | to, from or through, or where
any activity was conducted by the | 3 | | enterprise or any conduct to further the
interests of such an | 4 | | enterprise.
| 5 | | (q) A person who commits the offense of money laundering | 6 | | may be tried in
any county where any part of a financial | 7 | | transaction in criminally derived
property took place or in any | 8 | | county where any money or monetary instrument
which is the | 9 | | basis for the offense was acquired, used, sold, transferred or
| 10 | | distributed to, from or through.
| 11 | | (r) A person who commits the offense of cannabis | 12 | | trafficking or
controlled substance trafficking may be tried in | 13 | | any county. | 14 | | (s) A person who commits the offense of online sale of | 15 | | stolen property, online theft by deception, or electronic | 16 | | fencing may be tried in any county where any one or more | 17 | | elements of the offense took place, regardless of whether the | 18 | | element of the offense was the result of acts by the accused, | 19 | | the victim or by another person, and regardless of whether the | 20 | | defendant was ever physically present within the boundaries of | 21 | | the county. | 22 | | (t) A person who commits the offense of identity theft or | 23 | | aggravated identity theft may be tried in any one of the | 24 | | following counties in which: (1) the offense occurred;
(2) the | 25 | | information used to commit the offense was illegally used;
or | 26 | | (3) the victim resides. |
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| 1 | | If a person is charged with more than one violation of | 2 | | identity theft or aggravated identity theft and those | 3 | | violations may be tried in more than one county, any of those | 4 | | counties is a proper venue for all of the violations.
| 5 | | (u) A person who commits the offense of financial | 6 | | exploitation of an elderly person or a person with a disability | 7 | | under Section 17-56 of this Code may be tried in any one of the | 8 | | following counties in which: (1) any part of the offense | 9 | | occurred; or (2) the victim or one of the victims reside. | 10 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 11 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 12 | | Sec. 3-6. Extended limitations. The period within which a | 13 | | prosecution
must be commenced under the provisions of Section | 14 | | 3-5 or other applicable
statute is extended under the following | 15 | | conditions:
| 16 | | (a) A prosecution for theft involving a breach of a | 17 | | fiduciary obligation
to the aggrieved person may be commenced | 18 | | as follows:
| 19 | | (1) If the aggrieved person is a minor or a person | 20 | | under legal disability,
then during the minority or legal | 21 | | disability or within one year after the
termination | 22 | | thereof.
| 23 | | (2) In any other instance, within one year after the | 24 | | discovery of the
offense by an aggrieved person, or by a | 25 | | person who has legal capacity to
represent an aggrieved |
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| 1 | | person or has a legal duty to report the offense,
and is | 2 | | not himself or herself a party to the offense; or in the | 3 | | absence of such
discovery, within one year after the proper | 4 | | prosecuting officer becomes
aware of the offense. However, | 5 | | in no such case is the period of limitation
so extended | 6 | | more than 3 years beyond the expiration of the period | 7 | | otherwise
applicable.
| 8 | | (b) A prosecution for any offense based upon misconduct in | 9 | | office by a
public officer or employee may be commenced within | 10 | | one year after discovery
of the offense by a person having a | 11 | | legal duty to report such offense, or
in the absence of such | 12 | | discovery, within one year after the proper
prosecuting officer | 13 | | becomes aware of the offense. However, in no such case
is the | 14 | | period of limitation so extended more than 3 years beyond the
| 15 | | expiration of the period otherwise applicable.
| 16 | | (b-5) When the victim is under 18 years of age at the time | 17 | | of the offense, a prosecution for involuntary servitude, | 18 | | involuntary sexual servitude of a minor, or trafficking in | 19 | | persons and related offenses under Section 10-9 of this Code | 20 | | may be commenced within one year of the victim attaining the | 21 | | age of 18 years. However, in no such case shall the time period | 22 | | for prosecution expire sooner than 3 years after the commission | 23 | | of the offense. | 24 | | (c) (Blank).
| 25 | | (d) A prosecution for child pornography, aggravated child | 26 | | pornography, indecent
solicitation of a
child, soliciting for a |
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| 1 | | juvenile prostitute, juvenile pimping,
exploitation of a | 2 | | child, or promoting juvenile prostitution except for keeping a | 3 | | place of juvenile prostitution may be commenced within one year | 4 | | of the victim
attaining the age of 18 years. However, in no | 5 | | such case shall the time
period for prosecution expire sooner | 6 | | than 3 years after the commission of
the offense. When the | 7 | | victim is under 18 years of age, a prosecution for
criminal
| 8 | | sexual abuse may be commenced within
one year of the victim | 9 | | attaining the age of 18 years. However, in no such
case shall | 10 | | the time period for prosecution expire sooner than 3 years | 11 | | after
the commission of the offense.
| 12 | | (e) Except as otherwise provided in subdivision (j), a | 13 | | prosecution for
any offense involving sexual conduct or sexual
| 14 | | penetration, as defined in Section 11-0.1 of this Code, where | 15 | | the defendant
was within a professional or fiduciary | 16 | | relationship or a purported
professional or fiduciary | 17 | | relationship with the victim at the
time of the commission of | 18 | | the offense may be commenced within one year
after the | 19 | | discovery of the offense by the victim.
| 20 | | (f) A prosecution for any offense set forth in Section 44
| 21 | | of the "Environmental Protection Act", approved June 29, 1970, | 22 | | as amended,
may be commenced within 5 years after the discovery | 23 | | of such
an offense by a person or agency having the legal duty | 24 | | to report the
offense or in the absence of such discovery, | 25 | | within 5 years
after the proper prosecuting officer becomes | 26 | | aware of the offense.
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| 1 | | (f-5) A prosecution for any offense set forth in Section | 2 | | 16-30 of this Code may be commenced within 5 years after the | 3 | | discovery of the offense by the victim of that offense.
| 4 | | (g) (Blank).
| 5 | | (h) (Blank).
| 6 | | (i) Except as otherwise provided in subdivision (j), a | 7 | | prosecution for
criminal sexual assault, aggravated criminal
| 8 | | sexual assault, or aggravated criminal sexual abuse may be | 9 | | commenced within 10
years of the commission of the offense if | 10 | | the victim reported the offense to
law enforcement authorities | 11 | | within 3 years after the commission of the offense.
| 12 | | Nothing in this subdivision (i) shall be construed to
| 13 | | shorten a period within which a prosecution must be commenced | 14 | | under any other
provision of this Section.
| 15 | | (i-5) A prosecution for armed robbery, home invasion, | 16 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 17 | | years of the commission of the offense if it arises out of the | 18 | | same course of conduct and meets the criteria under one of the | 19 | | offenses in subsection (i) of this Section. | 20 | | (j) (1) When the victim is under 18 years of age at the | 21 | | time of the offense, a
prosecution
for criminal sexual assault, | 22 | | aggravated criminal sexual assault, predatory
criminal sexual | 23 | | assault of a child, aggravated criminal sexual abuse, or felony | 24 | | criminal sexual abuse may be commenced at any time when | 25 | | corroborating physical evidence is available or an individual | 26 | | who is required to report an alleged or suspected commission of |
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| 1 | | any of these offenses under the Abused and Neglected Child | 2 | | Reporting Act fails to do so. | 3 | | (2) In circumstances other than as described in paragraph | 4 | | (1) of this subsection (j), when the victim is under 18 years | 5 | | of age at the time of the offense, a prosecution for criminal | 6 | | sexual assault, aggravated criminal sexual assault, predatory | 7 | | criminal sexual assault of a child, aggravated criminal sexual | 8 | | abuse, or felony criminal sexual abuse, or a
prosecution for | 9 | | failure of a person who is required to report an alleged
or | 10 | | suspected commission of any of these offenses under the Abused | 11 | | and Neglected
Child Reporting Act may be
commenced within 20 | 12 | | years after the child victim attains 18
years of age. | 13 | | (3) When the victim is under 18 years of age at the time of | 14 | | the offense, a
prosecution
for misdemeanor criminal sexual | 15 | | abuse may be
commenced within 10 years after the child victim | 16 | | attains 18
years of age.
| 17 | | (4) Nothing in this subdivision (j) shall be construed to
| 18 | | shorten a period within which a prosecution must be commenced | 19 | | under any other
provision of this Section.
| 20 | | (j-5) A prosecution for armed robbery, home invasion, | 21 | | kidnapping, or aggravated kidnaping may be commenced at any | 22 | | time if it arises out of the same course of conduct and meets | 23 | | the criteria under one of the offenses in subsection (j) of | 24 | | this Section. | 25 | | (k) A prosecution for theft involving real property | 26 | | exceeding $100,000 in value under Section 16-1, identity theft |
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| 1 | | under subsection (a) of Section 16-30, aggravated identity | 2 | | theft under subsection (b) of Section 16-30, financial | 3 | | exploitation of an elderly person or a person with a disability | 4 | | under Section 17-56, or any offense set forth in Article 16H or | 5 | | Section 17-10.6 may be commenced within 7 years of the last act | 6 | | committed in furtherance of the crime.
| 7 | | (l) A prosecution for any offense set forth in Section 26-4 | 8 | | of this Code may be commenced within one year after the | 9 | | discovery of the offense by the victim of that offense. | 10 | | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | 11 | | eff. 7-16-14; 99-234, eff. 8-3-15.)
| 12 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 13 | | Sec. 16-1. Theft.
| 14 | | (a) A person commits theft when he or she knowingly:
| 15 | | (1) Obtains or exerts unauthorized control over | 16 | | property of the
owner; or
| 17 | | (2) Obtains by deception control over property of the | 18 | | owner; or
| 19 | | (3) Obtains by threat control over property of the | 20 | | owner; or
| 21 | | (4) Obtains control over stolen property knowing the | 22 | | property to
have been stolen or under such circumstances as | 23 | | would
reasonably induce him or her to believe that the | 24 | | property was stolen; or
| 25 | | (5) Obtains or exerts control over property in the |
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| 1 | | custody of any law
enforcement agency which any law | 2 | | enforcement officer or any individual acting in behalf of a | 3 | | law enforcement agency explicitly represents to the person | 4 | | as being stolen or represents to the person such | 5 | | circumstances as would reasonably induce the person to | 6 | | believe that the property was stolen, and
| 7 | | (A) Intends to deprive the owner permanently of the | 8 | | use or
benefit of the property; or
| 9 | | (B) Knowingly uses, conceals or abandons the | 10 | | property in such
manner as to deprive the owner | 11 | | permanently of such use or benefit; or
| 12 | | (C) Uses, conceals, or abandons the property | 13 | | knowing such use,
concealment or abandonment probably | 14 | | will deprive the owner permanently
of such use or | 15 | | benefit.
| 16 | | (b) Sentence.
| 17 | | (1) Theft of property not from the person and
not | 18 | | exceeding $500 in value is a Class A misdemeanor.
| 19 | | (1.1) Theft of property not from the person and
not | 20 | | exceeding $500 in value is a Class 4 felony if the theft | 21 | | was committed in a
school or place of worship or if the | 22 | | theft was of governmental property.
| 23 | | (2) A person who has been convicted of theft of | 24 | | property not from the
person and not exceeding
$500 in | 25 | | value who has been
previously convicted of any type of | 26 | | theft, robbery, armed robbery,
burglary, residential |
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| 1 | | burglary, possession of burglary tools, home
invasion, | 2 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 3 | | 4-103.3
of the Illinois Vehicle Code relating to the | 4 | | possession of a stolen or
converted motor vehicle, or a | 5 | | violation of Section 17-36 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012, or Section 8 of the Illinois | 7 | | Credit
Card and Debit Card Act is guilty of a Class 4 | 8 | | felony.
| 9 | | (3) (Blank).
| 10 | | (4) Theft of property from the person not exceeding | 11 | | $500 in value, or
theft of
property exceeding $500 and not | 12 | | exceeding $10,000 in value, is a
Class 3 felony.
| 13 | | (4.1) Theft of property from the person not exceeding | 14 | | $500 in value, or
theft of property exceeding $500 and not | 15 | | exceeding $10,000 in value, is a Class
2 felony if the | 16 | | theft was committed in a school or place of worship or if | 17 | | the theft was of governmental property.
| 18 | | (5) Theft of property exceeding $10,000 and not | 19 | | exceeding
$100,000 in value is a Class 2 felony.
| 20 | | (5.1) Theft of property exceeding $10,000 and not | 21 | | exceeding $100,000 in
value is a Class 1 felony
if the | 22 | | theft was committed in a school or place of worship or if | 23 | | the theft was of governmental property.
| 24 | | (6) Theft of property exceeding $100,000 and not | 25 | | exceeding $500,000 in
value is a Class 1 felony.
| 26 | | (6.1) Theft of property exceeding $100,000 in value is |
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| 1 | | a Class X felony
if the theft was committed in a school or | 2 | | place of worship or if the theft was of governmental | 3 | | property.
| 4 | | (6.2) Theft of property exceeding $500,000 and not | 5 | | exceeding $1,000,000 in value is a Class 1
| 6 | | non-probationable
felony.
| 7 | | (6.3) Theft of property exceeding $1,000,000 in value | 8 | | is a Class X felony.
| 9 | | (7) Theft by deception, as described by paragraph (2) | 10 | | of
subsection (a) of
this Section, in which the offender | 11 | | obtained money or property valued at
$5,000 or more from a | 12 | | victim 60 years of age or older or a person with a | 13 | | disability is a Class 2 felony.
| 14 | | (8) Theft by deception, as described by paragraph (2) | 15 | | of
subsection (a) of
this Section, in which the offender | 16 | | falsely poses as a landlord or agent or employee of the | 17 | | landlord and obtains a rent payment or a security deposit | 18 | | from a tenant is a Class 3 felony if the rent payment or | 19 | | security deposit obtained does not exceed $500. | 20 | | (9) Theft by deception, as described by paragraph (2) | 21 | | of
subsection (a) of
this Section, in which the offender | 22 | | falsely poses as a landlord or agent or employee of the | 23 | | landlord and obtains a rent payment or a security deposit | 24 | | from a tenant is a Class 2 felony if the rent payment or | 25 | | security deposit obtained exceeds $500 and does not exceed | 26 | | $10,000. |
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| 1 | | (10) Theft by deception, as described by paragraph (2) | 2 | | of
subsection (a) of
this Section, in which the offender | 3 | | falsely poses as a landlord or agent or employee of the | 4 | | landlord and obtains a rent payment or a security deposit | 5 | | from a tenant is a Class 1 felony if the rent payment or | 6 | | security deposit obtained exceeds $10,000 and does not | 7 | | exceed $100,000. | 8 | | (11) Theft by deception, as described by paragraph (2) | 9 | | of
subsection (a) of
this Section, in which the offender | 10 | | falsely poses as a landlord or agent or employee of the | 11 | | landlord and obtains a rent payment or a security deposit | 12 | | from a tenant is a Class X felony if the rent payment or | 13 | | security deposit obtained exceeds $100,000. | 14 | | (c) When a charge of theft of property exceeding a | 15 | | specified value
is brought, the value of the property involved | 16 | | is an element of the offense
to be resolved by the trier of | 17 | | fact as either exceeding or not exceeding
the specified value.
| 18 | | (d) Theft by lessee; permissive inference. The trier of | 19 | | fact may infer evidence that a person intends to deprive the | 20 | | owner permanently of the use or benefit of the property (1) if | 21 | | a
lessee of the personal property of another fails to return it | 22 | | to the
owner within 10 days after written demand from the owner | 23 | | for its
return or (2) if a lessee of the personal property of | 24 | | another fails to return
it to the owner within 24 hours after | 25 | | written demand from the owner for its
return and the lessee had | 26 | | presented identification to the owner that contained
a |
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| 1 | | materially fictitious name, address, or telephone number. A | 2 | | notice in
writing, given after the expiration of the leasing | 3 | | agreement, addressed and
mailed, by registered mail, to the | 4 | | lessee at the address given by him and shown
on the leasing | 5 | | agreement shall constitute proper demand. | 6 | | (e) Permissive inference; evidence of intent that a person | 7 | | obtains by deception control over property. The trier of fact | 8 | | may infer that a person
"knowingly obtains by deception control | 9 | | over property of the owner" when he or she
fails to return, | 10 | | within 45 days after written demand from the owner, the
| 11 | | downpayment and any additional payments accepted under a | 12 | | promise, oral or
in writing, to perform services for the owner | 13 | | for consideration of $3,000
or more, and the promisor knowingly | 14 | | without good cause failed to
substantially perform pursuant to | 15 | | the agreement after taking a down payment
of 10% or more of the | 16 | | agreed upon consideration.
This provision shall not apply where | 17 | | the owner initiated the suspension of
performance under the | 18 | | agreement, or where the promisor responds to the
notice within | 19 | | the 45-day notice period. A notice in writing, addressed and
| 20 | | mailed, by registered mail, to the promisor at the last known | 21 | | address of
the promisor, shall constitute proper demand. | 22 | | (f) Offender's interest in the property. | 23 | | (1) It is no defense to a charge of theft of property | 24 | | that the offender
has an interest therein, when the owner | 25 | | also has an interest to which the
offender is not entitled. | 26 | | (2) Where the property involved is that of the |
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| 1 | | offender's spouse, no
prosecution for theft may be | 2 | | maintained unless the parties were not living
together as | 3 | | man and wife and were living in separate abodes at the time | 4 | | of
the alleged theft. | 5 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 6 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | 7 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | 8 | | eff. 1-25-13.)
| 9 | | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| 10 | | Sec. 17-56. Financial exploitation of an elderly person or | 11 | | a
person with a disability.
| 12 | | (a) A person commits financial exploitation of an elderly
| 13 | | person or a person with a disability when he or she stands in a
| 14 | | position of trust
or confidence with the
elderly person or a | 15 | | person with a disability
and he
or she knowingly : | 16 | | (1) and by
deception or
intimidation obtains control | 17 | | over the property of an elderly person or
a person
with a | 18 | | disability ;
or | 19 | | (2) illegally uses the assets or resources of an | 20 | | elderly person or a
person with a disability.
| 21 | | (b) Sentence. Financial exploitation of an elderly person | 22 | | or a person
with a
disability is: (1) a Class 4
felony if the | 23 | | value of the property is $300 or less, (2) a Class 3 felony if
| 24 | | the value of the property is more than $300 but less than | 25 | | $5,000, (3) a Class 2
felony if the value of the property is |
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| 1 | | $5,000 or more but less than
$50,000, and (4) a Class 1 felony | 2 | | if the value of the property is $50,000 or more
or if the | 3 | | elderly person is over 70 years of age and the value of the
| 4 | | property is $15,000 or more or if the elderly person is 80 | 5 | | years of age or
older and the value of the property is $5,000 | 6 | | or more.
| 7 | | (c) For purposes of this Section:
| 8 | | (1) "Elderly person" means a person 60
years of age or | 9 | | older.
| 10 | | (2) "Person with a disability" means a person who
| 11 | | suffers from a physical or mental impairment resulting from
| 12 | | disease, injury, functional disorder or congenital | 13 | | condition that impairs the
individual's mental or physical | 14 | | ability to independently manage his or her
property or | 15 | | financial resources, or both.
| 16 | | (3) "Intimidation" means the communication to an | 17 | | elderly person or a
person with a disability that he or she | 18 | | shall be deprived of food and
nutrition,
shelter, | 19 | | prescribed
medication or medical care and treatment or | 20 | | conduct as provided in Section 12-6 of this Code.
| 21 | | (4) "Deception" means, in addition to its meaning as | 22 | | defined in Section
15-4 of this Code,
a misrepresentation | 23 | | or concealment of material fact
relating to the terms of a | 24 | | contract or agreement entered into with the
elderly person | 25 | | or person with a disability or to the
existing or
| 26 | | pre-existing condition of
any of the property involved in |
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| 1 | | such contract or agreement; or the use or
employment of any | 2 | | misrepresentation, false pretense or false promise in
| 3 | | order to induce, encourage or solicit the elderly person or
| 4 | | person with
a disability to
enter into a contract or | 5 | | agreement.
| 6 | | The illegal use of the assets or resources of an
elderly | 7 | | person or a person with a disability includes, but is not | 8 | | limited
to, the misappropriation of those assets or resources | 9 | | by undue influence,
breach of a fiduciary relationship, fraud, | 10 | | deception, extortion, or
use of the assets or resources | 11 | | contrary to law. | 12 | | A person stands in a position of
trust and confidence with | 13 | | an elderly person or person with a
disability when he (i) is a
| 14 | | parent, spouse, adult child or other relative by blood or | 15 | | marriage of the
elderly person or person with a disability, | 16 | | (ii) is a joint
tenant or
tenant in common with
the elderly | 17 | | person or person with a disability, (iii) has
a legal or
| 18 | | fiduciary relationship
with the elderly person or person with a | 19 | | disability, (iv) is a financial
planning or investment | 20 | | professional, or (v) is a paid or unpaid caregiver for the | 21 | | elderly person or person with a disability.
| 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.
| 9 | | (g) Civil Liability. A civil cause of action exists for | 10 | | financial exploitation of an elderly person or a
person with a | 11 | | disability as described in subsection (a) of this Section. A | 12 | | person against whom a civil judgment has been entered for | 13 | | financial exploitation of an elderly person
or person with a | 14 | | disability shall be liable to the victim or to the estate of | 15 | | the
victim in damages of treble the amount of the value of the | 16 | | property
obtained, plus reasonable attorney fees and court | 17 | | costs. In a civil action under this subsection, the burden of
| 18 | | proof that the defendant committed financial exploitation of an | 19 | | elderly person or a
person with a disability as described in | 20 | | subsection (a) of this Section shall be
by a preponderance of | 21 | | the evidence. This subsection shall be operative
whether or not | 22 | | the defendant has been charged or convicted of the criminal | 23 | | offense as described in subsection (a) of this Section. This | 24 | | subsection (g) shall not limit or affect the right of any | 25 | | person to bring any cause of action or seek any remedy | 26 | | available under the common law, or other applicable law, |
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| 1 | | arising out of the financial exploitation of an elderly person | 2 | | or a person with a disability.
| 3 | | (h) If a person is charged with financial exploitation of | 4 | | an elderly person or a person with a disability that involves | 5 | | the taking or loss of property valued at more than $5,000, a | 6 | | prosecuting attorney may file a petition with the circuit court | 7 | | of the county in which the defendant has been charged to freeze | 8 | | the assets of the defendant in an amount equal to but not | 9 | | greater than the alleged value of lost or stolen property in | 10 | | the defendant's pending criminal proceeding for purposes of | 11 | | restitution to the victim. The burden of proof required to | 12 | | freeze the defendant's assets shall be by a preponderance of | 13 | | the evidence. | 14 | | (Source: P.A. 99-272, eff. 1-1-16 .)
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