Illinois General Assembly - Illinois Compiled Statutes

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755 ILCS 5/2-6.6

(755 ILCS 5/2-6.6)

Sec. 2-6.6.

Person convicted of or found civilly liable for certain offenses against the elderly or
a person with a disability.

(a) A person who is convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or a person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, may not receive any property, benefit, or
other interest by reason of the death of the victim of that offense, whether as
heir, legatee, beneficiary, joint tenant, tenant by the entirety, survivor,
appointee, or in any other capacity and whether the property, benefit, or other
interest passes pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any other circumstance. Except as provided in subsection (f) of this Section, the property, benefit, or other interest shall pass as if the person convicted
of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or the person found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act,
died before the decedent; provided that with respect to joint tenancy property
or property held in tenancy by the entirety, the interest possessed prior to
the death by the person convicted or found civilly liable may not
be diminished by the application of this Section. Notwithstanding the
foregoing, a person convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961 or the Criminal Code of 2012 or a person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, shall be entitled to receive property, a
benefit, or an interest in any capacity and under any circumstances described
in this Section if it is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction or finding of civil liability and subsequent to the
conviction or finding of civil liability expressed or ratified his or her intent to transfer the property,
benefit, or interest to the person convicted of a violation of Section 12-19,
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or the person found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, in any manner contemplated
by this Section.

(b) The holder of any property subject to the provisions of this Section
is not liable for distributing or releasing the property to the person
convicted of violating Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of 2012 or to the person found by a preponderance of the evidence to be civilly liable for financial exploitation as defined in subsection (a) of Section 2-6.2 of this Act.

(c) If the holder is a financial institution, trust company, trustee, or
similar entity or person, the holder shall not be liable for any distribution
or
release of the property, benefit, or other interest to the person convicted of
a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or person found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act,
unless the holder knowingly distributes or releases the property, benefit, or
other interest to the person so convicted or found civilly liable after first having received actual
written notice of the conviction or finding of civil liability in sufficient time to act upon the notice.

(d) The Illinois State Police shall have access to State of Illinois
databases containing information that may help in the identification or
location of persons convicted of or found civilly liable for the offenses enumerated in this Section.
Interagency agreements shall be implemented, consistent with security and
procedures established by the State agency and consistent with the laws
governing the confidentiality of the information in the databases. Information
shall be used only for administration of this Section.

(e) A civil action against a person for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, may be brought by an interested person, pursuant to this Section, after the death of the victim or during the lifetime of the victim if the victim is adjudicated a person with a disability. A guardian is under no duty to bring a civil action under this subsection during the ward's lifetime, but may do so if the guardian believes it is in the best interests of the ward.

(f) The court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person convicted or found civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, to receive a reduction in interest or benefit rather than no interest or benefit as stated under subsection (a) of  this Section.

(Source: P.A. 102-538, eff. 8-20-21.)