State of Illinois
92nd General Assembly
Legislation

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92_HB0596

 
                                               LRB9200825ARcd

 1        AN  ACT  in  relation to elderly persons and persons with
 2    disabilities.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Elder Abuse and Neglect Act is amended by
 6    changing  Sections  2, 3.5, 4, and 7 and adding Section 14 as
 7    follows:

 8        (320 ILCS 20/2) (from Ch. 23, par. 6602)
 9        Sec. 2.  Definitions.  As used in this  Act,  unless  the
10    context requires otherwise:
11        (a)  "Abuse" means causing any physical, mental or sexual
12    injury  to  an eligible adult, including exploitation of such
13    adult's financial resources.
14        Nothing in this Act shall be construed to  mean  that  an
15    eligible  adult  is a victim of abuse or neglect for the sole
16    reason that he or she is being furnished with or relies  upon
17    treatment   by  spiritual  means  through  prayer  alone,  in
18    accordance with the tenets  and  practices  of  a  recognized
19    church or religious denomination.
20        Nothing  in  this  Act shall be construed to mean that an
21    eligible adult is a victim of abuse because  of  health  care
22    services  provided  or  not  provided by licensed health care
23    professionals.
24        (a-5)  "Abuser" means a person who abuses,  neglects,  or
25    financially exploits an eligible adult.
26        (a-7)  "Caregiver"  means a person who either as a result
27    of a family relationship, voluntarily,  or  in  exchange  for
28    compensation  has assumed responsibility for all or a portion
29    of the care of an eligible adult who  needs  assistance  with
30    activities of daily living.
31        (b)  "Department"  means  the  Department on Aging of the
 
                            -2-                LRB9200825ARcd
 1    State of Illinois.
 2        (c)  "Director" means the Director of the Department.
 3        (d)  "Domestic living situation" means a residence  where
 4    the eligible adult lives alone or with his or her family or a
 5    caregiver,  or  others,  or  a  board  and care home or other
 6    community-based unlicensed facility, but is not:
 7             (1)  A licensed facility as defined in Section 1-113
 8        of the Nursing Home Care Act;
 9             (2)  A "life care facility" as defined in  the  Life
10        Care Facilities Act;
11             (3)  A home, institution, or other place operated by
12        the  federal government or agency thereof or by the State
13        of Illinois;
14             (4)  A hospital, sanitarium, or  other  institution,
15        the  principal  activity  or  business  of  which  is the
16        diagnosis, care, and treatment of human  illness  through
17        the  maintenance  and  operation  of organized facilities
18        therefor, which is required  to  be  licensed  under  the
19        Hospital Licensing Act;
20             (5)  A "community living facility" as defined in the
21        Community Living Facilities Licensing Act;
22             (6)  A   "community   residential   alternative"  as
23        defined  in  the   Community   Residential   Alternatives
24        Licensing Act; and
25             (7)  A  "community-integrated living arrangement" as
26        defined in the Community-Integrated  Living  Arrangements
27        Licensure and Certification Act.
28          (e)  "Eligible adult" means a person 60 years of age or
29    older  who  resides in a domestic living situation and is, or
30    is alleged to be, abused, neglected, or financially exploited
31    by another individual.
32        (f)  "Emergency" means a situation in which  an  eligible
33    adult  is  living in conditions presenting a risk of death or
34    physical, mental or sexual injury and the provider agency has
 
                            -3-                LRB9200825ARcd
 1    reason to believe the eligible adult is unable to consent  to
 2    services which would alleviate that risk.
 3        (f-5)  "Mandated  reporter"  means  any  of the following
 4    persons while engaged  in  carrying  out  their  professional
 5    duties:
 6             (1)  a professional or professional's delegate while
 7        engaged  in:  (i)  social services, (ii) law enforcement,
 8        (iii) education, (iv) the care of an  eligible  adult  or
 9        eligible  adults,  or (v) any of the occupations required
10        to be licensed under the Clinical Psychologist  Licensing
11        Act,  the  Clinical  Social Work and Social Work Practice
12        Act, the Illinois Dental Practice Act, the  Dietetic  and
13        Nutrition  Services Practice Act, the Marriage and Family
14        Therapy Licensing Act, the Medical Practice Act of  1987,
15        the  Naprapathic  Practice  Act, the Nursing and Advanced
16        Practice Nursing Act,  the  Nursing  Home  Administrators
17        Licensing   and      Disciplinary   Act,   the   Illinois
18        Occupational   Therapy   Practice   Act,   the   Illinois
19        Optometric  Practice  Act  of 1987, the Pharmacy Practice
20        Act of 1987,  the  Illinois  Physical  Therapy  Act,  the
21        Physician  Assistant  Practice Act of 1987, the Podiatric
22        Medical  Practice  Act  of  1987,  the  Respiratory  Care
23        Practice Act, the  Professional  Counselor  and  Clinical
24        Professional   Counselor   Licensing  Act,  the  Illinois
25        Speech-Language Pathology and Audiology Practice Act, the
26        Veterinary Medicine and Surgery Practice Act of 1994, and
27        the Illinois Public Accounting Act;
28             (2)  an  employee  of  a  vocational  rehabilitation
29        facility prescribed or supervised by  the  Department  of
30        Human Services;
31             (3)  an administrator, employee, or person providing
32        services  in  or  through  an  unlicensed community based
33        facility;
34             (4)  a Christian Science Practitioner;
 
                            -4-                LRB9200825ARcd
 1             (5)  field personnel of  the  Department  of  Public
 2        Aid, Department of Public Health, and Department of Human
 3        Services, and any county or municipal health department;
 4             (6)  personnel  of the Department of Human Services,
 5        the Guardianship and Advocacy Commission, the State  Fire
 6        Marshal,  local fire departments, the Department on Aging
 7        and its subsidiary Area Agencies on  Aging  and  provider
 8        agencies,   and  the  Office  of  State  Long  Term  Care
 9        Ombudsman;
10             (7)  any employee  of  the  State  of  Illinois  not
11        otherwise  specified  herein who is involved in providing
12        services  to  eligible  adults,  including  professionals
13        providing medical  or  rehabilitation  services  and  all
14        other persons having direct contact with eligible adults;
15        or
16             (8)  a  person  who performs the duties of a coroner
17        or medical examiner;.
18             (9)  a  banker  or  an  employee  of  a  banking  or
19        financial institution; or
20             (10)  an   attorney-at-law   or   an   employee   or
21        professional engaged in  providing  legal  assistance  or
22        advice.
23          (g)  "Neglect"  means  another  individual's failure to
24    provide an eligible adult with or willful withholding from an
25    eligible adult the necessities of  life  including,  but  not
26    limited  to,  food,  clothing,  shelter or medical care. This
27    subsection does  not  create  any  new  affirmative  duty  to
28    provide  support  to  eligible  adults.   Nothing in this Act
29    shall be construed to mean that an eligible adult is a victim
30    of neglect because of health care services  provided  or  not
31    provided by licensed health care professionals.
32        (h)  "Provider  agency"  means  any  public  or nonprofit
33    agency in a  planning  and  service  area  appointed  by  the
34    regional  administrative  agency  with  prior approval by the
 
                            -5-                LRB9200825ARcd
 1    Department on Aging to receive and assess reports of  alleged
 2    or suspected abuse, neglect, or financial exploitation.
 3        (i)  "Regional administrative agency" means any public or
 4    nonprofit agency in a planning and service area so designated
 5    by  the  Department, provided that the designated Area Agency
 6    on Aging shall  be  designated  the  regional  administrative
 7    agency  if  it  so  requests. The Department shall assume the
 8    functions of  the  regional  administrative  agency  for  any
 9    planning  and  service  area  where  another agency is not so
10    designated.
11        (j)  "Substantiated  case"  means  a  reported  case   of
12    alleged   or   suspected   abuse,   neglect,   or   financial
13    exploitation  in  which  a provider agency, after assessment,
14    determines that there is reason to believe abuse, neglect, or
15    financial exploitation has occurred.
16    (Source: P.A.  90-628,  eff.  1-1-99;  91-259,  eff.  1-1-00;
17    91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-30-99.)

18        (320 ILCS 20/3.5)
19        Sec.  3.5.  Other Responsibilities.  The Department shall
20    also be responsible for the following activities,  contingent
21    upon adequate funding:
22        (a)  promotion  of  a  wide  range  of  endeavors for the
23    purpose of preventing elder  abuse,  neglect,  and  financial
24    exploitation  in  both  domestic  and institutional settings,
25    including, but  not  limited  to,  promotion  of  public  and
26    professional  education to increase awareness of elder abuse,
27    neglect, and financial exploitation, to increase reports, and
28    to improve response by various legal, financial, social,  and
29    health systems;
30        (b)  coordination   of   efforts   with  other  agencies,
31    councils, and like entities, to include but  not  be  limited
32    to, the Office of the Attorney General, the State Police, the
33    Illinois  Law  Enforcement  Training and Standards Board, the
 
                            -6-                LRB9200825ARcd
 1    State  Triad,  the  Illinois  Criminal  Justice   Information
 2    Authority,  the Departments of Public Health, Public Aid, and
 3    Human Services, the Family Violence Coordinating Council, the
 4    Illinois Violence Prevention Authority,  and  other  entities
 5    which  may impact awareness of, and response to, elder abuse,
 6    neglect, and financial exploitation;
 7        (c)  collection and analysis of data;
 8        (d)  monitoring   of   the   performance   of    regional
 9    administrative  agencies  and  elder abuse provider agencies;
10    and
11        (e)  promotion of prevention activities;.
12        (f)  establishing and coordinating a training program  on
13    the  unique  nature of elder abuse cases with other agencies,
14    councils, and like entities, to include but not be limited to
15    the Office of the Attorney General,  the  State  Police,  the
16    Illinois  Law Enforcement Training Standards Board, the State
17    Triad, the Illinois Criminal Justice  Information  Authority,
18    the  Departments  of  Public  Health,  Public  Aid, and Human
19    Services,  the  Family  Violence  Coordinating  Council,  the
20    Illinois Violence Prevention Authority,  and  other  entities
21    that  may  impact  awareness of, and response to elder abuse,
22    neglect, and financial exploitation;
23        (g)  coordinating  efforts  with  banks   and   financial
24    institutions  to educate and warn persons 60 years of age and
25    older  about  financial  exploitation  and  coordinating   an
26    ombudsman  program  with  banks and financial institutions to
27    educate persons 60 years  of  age  and  older  on  investing,
28    financial  exploitation,  and telemarketing fraud.  Banks and
29    financial institutions in conjunction with the Department  on
30    Aging  shall  send pamphlets containing information described
31    in this subsection (g) with customers' statements; and
32        (h)  coordinating  efforts  with  utility  and   electric
33    companies  to  send  notices  in  utility bills to explain to
34    persons 60 years of  age  or  older  their  rights  regarding
 
                            -7-                LRB9200825ARcd
 1    telemarketing and home repair fraud.
 2    (Source: P.A. 90-628, eff. 1-1-99; revised 2-23-00.)

 3        (320 ILCS 20/4) (from Ch. 23, par. 6604)
 4        Sec. 4.  Reports of abuse or neglect.
 5        (a)  Any  person  who  suspects  the  abuse,  neglect, or
 6    financial exploitation of an eligible adult may  report  this
 7    suspicion  to  an  agency  designated to receive such reports
 8    under this Act or to the Department.
 9        (a-5)  If any mandated reporter  has  reason  to  believe
10    that  an eligible adult, who because of dysfunction is unable
11    to seek assistance for himself or herself,  has,  within  the
12    previous  12  months,  been  subjected  to abuse, neglect, or
13    financial exploitation, the mandated reporter  shall,  within
14    24  hours after developing such belief, report this suspicion
15    to an agency designated to receive such  reports  under  this
16    Act  or  to  the Department.  Whenever a mandated reporter is
17    required to report under this Act in his or her capacity as a
18    member of the staff of a medical or other public  or  private
19    institution,  facility, board and care home, or agency, he or
20    she shall make a report to an agency  designated  to  receive
21    such   reports  under  this  Act  or  to  the  Department  in
22    accordance with the provisions  of  this  Act  and  may  also
23    notify  the  person  in  charge of the institution, facility,
24    board and care home, or agency or his or her designated agent
25    that the report has been made.  Under no circumstances  shall
26    any person in charge of such institution, facility, board and
27    care  home, or agency, or his or her designated agent to whom
28    the  notification  has  been  made,  exercise  any   control,
29    restraint, modification, or other change in the report or the
30    forwarding  of  the report to an agency designated to receive
31    such reports under  this  Act  or  to  the  Department.   The
32    privileged  quality of communication between any professional
33    person required to report and his or her  patient  or  client
 
                            -8-                LRB9200825ARcd
 1    shall not apply to situations involving abused, neglected, or
 2    financially   exploited   eligible   adults   and  shall  not
 3    constitute grounds for failure to report as required by  this
 4    Act.
 5        (a-7)  A  person  making  a  report under this Act in the
 6    belief that it is in the alleged victim's best interest shall
 7    be immune from criminal or civil  liability  or  professional
 8    disciplinary   action   on  account  of  making  the  report,
 9    notwithstanding    any    requirements     concerning     the
10    confidentiality  of information with respect to such eligible
11    adult which might otherwise be applicable.
12        (a-9)  Law enforcement officers shall continue to  report
13    incidents  of alleged abuse pursuant to the Illinois Domestic
14    Violence Act of 1986, notwithstanding any requirements  under
15    this Act.
16        (b)  Any  person,  institution or agency participating in
17    the making of a  report,  providing  information  or  records
18    related   to   a   report,   assessment,   or   services,  or
19    participating in the investigation of a report under this Act
20    in good faith, or taking photographs or x-rays as a result of
21    an authorized assessment, shall have immunity from any civil,
22    criminal or other liability in any civil, criminal  or  other
23    proceeding  brought  in  consequence of making such report or
24    assessment  or  on  account  of   submitting   or   otherwise
25    disclosing   such   photographs   or  x-rays  to  any  agency
26    designated to receive reports of alleged or  suspected  abuse
27    or  neglect.  Any person, institution or agency authorized by
28    the  Department  to  provide  assessment,  intervention,   or
29    administrative  services  under  this  Act shall, in the good
30    faith performance of those services, have immunity  from  any
31    civil, criminal or other liability in any civil, criminal, or
32    other  proceeding brought as a consequence of the performance
33    of those services. For the purposes of any  civil,  criminal,
34    or other proceeding, the good faith of any person required to
 
                            -9-                LRB9200825ARcd
 1    report,   permitted   to   report,  or  participating  in  an
 2    investigation of a report  of  alleged  or  suspected  abuse,
 3    neglect, or financial exploitation shall be presumed.
 4        (c)  The  identity of a person making a report of alleged
 5    or suspected abuse or neglect under this Act may be disclosed
 6    by the Department or other agency provided for  in  this  Act
 7    only with such person's written consent or by court order.
 8        (d)  The  Department shall by rule establish a system for
 9    filing and compiling reports made under this Act.
10        (e)  A mandated reporter required to  make  a  report  of
11    suspected  abuse,  neglect,  or  financial exploitation under
12    this Act who  fails  to  do  so  shall  be  referred  to  the
13    licensing  agency  that  regulates  his or her profession for
14    disciplinary action. Any other person required by this Act to
15    report suspected abuse, neglect,  or  financial  exploitation
16    who fails to do so is guilty of a Class A misdemeanor.
17    (Source: P.A. 90-628, eff. 1-1-99.)

18        (320 ILCS 20/7) (from Ch. 23, par. 6607)
19        Sec.  7.   Review.   All services provided to an eligible
20    adult shall be reviewed by the provider agency on at least  a
21    quarterly  basis  for  up  to  2  years one year to determine
22    whether  the  service  care  plan  should  be  continued   or
23    modified.
24    (Source: P.A. 90-628, eff. 1-1-99.)

25        (320 ILCS 20/14 new)
26        Sec.  14.  Private  caregivers  registry.  The Department
27    shall maintain a computerized database of caregivers who have
28    been convicted of a violation of  Section  12-19,  12-21,  or
29    16-1.3  of the Criminal Code of 1961.  Within 48 hours of the
30    conviction of any caregiver for any of these violations,  the
31    clerk  of the court shall forward the record of conviction to
32    the Department.  The Department shall enter that  information
 
                            -10-               LRB9200825ARcd
 1    in  the  database.   The Department shall periodically update
 2    the database  and  make  the  information  available  on  the
 3    Internet  by  means  of a hyperlink to the Department's World
 4    Wide Web home page.  The Department shall promulgate rules to
 5    implement this Section.

 6        Section 10.  The Criminal Code  of  1961  is  amended  by
 7    changing Sections 12-19, 12-21, and 16-1.3 as follows:

 8        (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
 9        Sec.  12-19.   Abuse and Criminal Gross Neglect of a Long
10    Term Care Facility Resident.
11        (a)  Any person or any owner or licensee of a  long  term
12    care  facility  who abuses a long term care facility resident
13    is guilty of a Class 3 felony.  Any person or  any  owner  or
14    licensee  of a long term care facility who criminally grossly
15    neglects a long term care facility resident as  described  in
16    paragraph  (a)(1),  (a)(2),  or  (a)(3)  of  Section 12-21 is
17    guilty of a Class 3 4 felony. A person whose criminal neglect
18    of  a  long  term  care  facility  resident  results  in  the
19    resident's death is guilty of a Class 2 felony for which  the
20    defendant,  if  sentenced to a term of imprisonment, shall be
21    sentenced to a term of not less than 3  years  and  not  more
22    than  14  years.  However,  nothing herein shall be deemed to
23    apply to a physician licensed to practice medicine in all its
24    branches or a duly licensed nurse providing care  within  the
25    scope  of  his  or  her  professional judgment and within the
26    accepted standards of care within the community.
27        (b)  Notwithstanding the penalties in subsections (a) and
28    (c) and in addition thereto, if a licensee or owner of a long
29    term care facility or his or her employee has caused  neglect
30    of  a  resident,  the  licensee or owner is guilty of a petty
31    offense.   An  owner  or  licensee  is  guilty   under   this
32    subsection  (b)  only  if  the  owner  or  licensee failed to
 
                            -11-               LRB9200825ARcd
 1    exercise reasonable care in the hiring, training, supervising
 2    or providing of staff or other related routine administrative
 3    responsibilities.
 4        (c)  Notwithstanding the penalties in subsections (a) and
 5    (b) and in addition thereto, if a licensee or owner of a long
 6    term care facility or his or her employee  has  caused  gross
 7    neglect  of  a resident, the licensee or owner is guilty of a
 8    business offense for which a fine of not  more  than  $10,000
 9    may  be  imposed.   An owner or licensee is guilty under this
10    subsection (c) only  if  the  owner  or  licensee  failed  to
11    exercise reasonable care in the hiring, training, supervising
12    or providing of staff or other related routine administrative
13    responsibilities.
14        (d)  For the purpose of this Section:
15             (1)  "Abuse"   means   intentionally   or  knowingly
16        causing any physical or mental injury or  committing  any
17        sexual offense set forth in this Code.
18             (2)  "Gross  neglect"  means  recklessly  failing to
19        provide adequate medical or personal care or maintenance,
20        which failure results in physical or mental injury or the
21        deterioration of a physical or mental condition.
22             (3)  "Neglect" means negligently failing to  provide
23        adequate  medical  or personal care or maintenance, which
24        failure results in  physical  or  mental  injury  or  the
25        deterioration of a physical or mental condition.
26             (4)  "Resident"  means  a  person residing in a long
27        term care facility.
28             (5)  "Owner" means the person who owns a  long  term
29        care facility as provided under the Nursing Home Care Act
30        or  an  assisted  living  or shared housing establishment
31        under the Assisted Living and Shared Housing Act.
32             (6)  "Licensee"  means  the  individual  or   entity
33        licensed  to  operate  a  facility under the Nursing Home
34        Care Act or the Assisted Living and Shared Housing Act.
 
                            -12-               LRB9200825ARcd
 1             (7)  "Facility" or "long term care facility" means a
 2        private home, institution, building,  residence,  or  any
 3        other  place,  whether  operated  for profit or not, or a
 4        county home for the infirm and chronically  ill  operated
 5        pursuant  to  Division 5-21 or 5-22 of the Counties Code,
 6        or any similar  institution  operated  by  the  State  of
 7        Illinois   or  a  political  subdivision  thereof,  which
 8        provides, through its ownership or  management,  personal
 9        care, sheltered care or nursing for 3 or more persons not
10        related  to the owner by blood or marriage. The term also
11        includes skilled nursing facilities and intermediate care
12        facilities as defined in Title XVIII and Title XIX of the
13        federal  Social  Security   Act   and   assisted   living
14        establishments and shared housing establishments licensed
15        under the Assisted Living and Shared Housing Act.
16        (e)  Nothing contained in this Section shall be deemed to
17    apply  to  the  medical supervision, regulation or control of
18    the remedial care or treatment of  residents  in  a  facility
19    conducted  for  those  who  rely  upon treatment by prayer or
20    spiritual means in accordance with the creed or tenets of any
21    well recognized church or religious denomination and which is
22    licensed in accordance with Section 3-803 of the Nursing Home
23    Care Act.
24    (Source: P.A. 91-656, eff. 1-1-01.)

25        (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
26        Sec. 12-21.  Criminal neglect of an elderly  or  disabled
27    person.
28        (a)  A  person commits the offense of criminal neglect of
29    an elderly or disabled person when he is a caregiver  and  he
30    knowingly:
31             (1)  performs   acts  which  cause  the  elderly  or
32        disabled person's life to be  endangered,  health  to  be
33        injured,  or pre-existing physical or mental condition to
 
                            -13-               LRB9200825ARcd
 1        deteriorate; or
 2             (2)  fails  to  perform  acts  which  he  knows   or
 3        reasonably  should  know  are  necessary  to  maintain or
 4        preserve the life or health of the  elderly  or  disabled
 5        person  and  such  failure causes the elderly or disabled
 6        person's life to be endangered, health to be  injured  or
 7        pre-existing physical or mental condition to deteriorate;
 8        or
 9             (3)  abandons the elderly or disabled person.
10        Criminal  neglect  of  an  elderly  person  is  a Class 3
11    felony.   Criminal neglect of an elderly person is a Class  2
12    felony  if  the  criminal neglect results in the death of the
13    person neglected for which the defendant, if sentenced  to  a
14    term  of  imprisonment,  shall  be sentenced to a term of not
15    less than 3 years and not more than 14 years.
16        (b)  For purposes of this Section:
17             (1)  "Elderly person" means a person 60 years of age
18        or older who is suffering from  a  disease  or  infirmity
19        associated  with advanced age and manifested by physical,
20        mental or emotional dysfunctioning  to  the  extent  that
21        such  person is incapable of adequately providing for his
22        own health and personal care.
23             (2)  "Disabled person" means a  person  who  suffers
24        from a permanent physical or mental impairment, resulting
25        from  disease,  injury, functional disorder or congenital
26        condition  which  renders  such   person   incapable   of
27        adequately  providing  for  his  own  health and personal
28        care.
29             (3)  "Caregiver" means a person who has  a  duty  to
30        provide  for  an  elderly or disabled person's health and
31        personal care,  at  such  person's  place  of  residence,
32        including   but  not  limited  to,  food  and  nutrition,
33        shelter, hygiene, prescribed medication and medical  care
34        and treatment.
 
                            -14-               LRB9200825ARcd
 1             "Caregiver" shall include:
 2                  (A)  a  parent,  spouse,  adult  child or other
 3             relative by blood or marriage who  resides  with  or
 4             resides  in  the  same  building  with and regularly
 5             visits the elderly  or  disabled  person,  knows  or
 6             reasonably  should know of such person's physical or
 7             mental impairment and  knows  or  reasonably  should
 8             know  that  such  person  is  unable  to  adequately
 9             provide for his own health and personal care;
10                  (B)  a person who is employed by the elderly or
11             disabled  person  or  by  another  to reside with or
12             regularly visit the elderly or disabled  person  and
13             provide for such person's health and personal care;
14                  (C)  a  person who has agreed for consideration
15             to reside with or regularly  visit  the  elderly  or
16             disabled person and provide for such person's health
17             and personal care; and
18                  (D)  a  person  who  has  been  appointed  by a
19             private or public agency or by a court of  competent
20             jurisdiction  to provide for the elderly or disabled
21             person's health and personal care.
22             "Caregiver"  shall  not  include  a  long-term  care
23        facility licensed or certified  under  the  Nursing  Home
24        Care   Act   or  any  administrative,  medical  or  other
25        personnel of such a facility, or a health  care  provider
26        who  is  licensed  under the Medical Practice Act of 1987
27        and  renders  care  in  the  ordinary   course   of   his
28        profession.
29             (4)  "Abandon"  means to desert or knowingly forsake
30        an elderly or  disabled  person  under  circumstances  in
31        which  a reasonable person would continue to provide care
32        and custody.
33        (c)  Nothing in this Section shall be construed to  limit
34    the  remedies  available  to  the  victim  under the Illinois
 
                            -15-               LRB9200825ARcd
 1    Domestic Violence Act.
 2        (d)  Nothing in this Section shall be construed to impose
 3    criminal liability on a person who  has  made  a  good  faith
 4    effort  to  provide  for  the  health and personal care of an
 5    elderly or disabled person, but through no fault of  his  own
 6    has been unable to provide such care.
 7        (e)  Nothing  in  this  Section  shall  be  construed  as
 8    prohibiting  a  person  from providing treatment by spiritual
 9    means through prayer alone and care consistent  therewith  in
10    lieu  of  medical  care  and treatment in accordance with the
11    tenets and practices of any church or religious  denomination
12    of which the elderly or disabled person is a member.
13        (f)  It  shall not be a defense to criminal neglect of an
14    elderly  or  disabled  person  that  the  accused  reasonably
15    believed that the victim  was  not  an  elderly  or  disabled
16    person.
17    (Source: P.A. 90-14, eff. 7-1-97.)

18        (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
19        Sec. 16-1.3.  Financial exploitation of an elderly person
20    or a person with a disability.
21        (a)  A   person   commits   the   offense   of  financial
22    exploitation  of  an  elderly  person  or  a  person  with  a
23    disability when he or she stands in a  position of  trust  or
24    confidence  with  the  elderly  person  or  a  person  with a
25    disability and he  or  she  knowingly  and  by  deception  or
26    intimidation  obtains control over the property of an elderly
27    person or a person with a disability or  illegally  uses  the
28    assets  or  resources of an elderly person or a person with a
29    disability.  The illegal use of the assets or resources of an
30    elderly person or a person with a disability includes, but is
31    not limited to,  the  misappropriation  of  those  assets  or
32    resources   by   undue   influence,  breach  of  a  fiduciary
33    relationship, fraud, deception,  extortion,  or  use  of  the
 
                            -16-               LRB9200825ARcd
 1    assets  or  resources  contrary  to  law  with  the intent to
 2    permanently deprive the elderly person or the person  with  a
 3    disability  of  the use, benefit, or possession of his or her
 4    property.
 5        Financial exploitation of an elderly person or  a  person
 6    with  a  disability  is  a Class 4 felony if the value of the
 7    property is $300 or less, a Class 3 felony if  the  value  of
 8    the  property is more than $300 but less than $5,000, a Class
 9    2 felony if the value of the property is $5,000 or  more  but
10    less  than  $100,000 and a Class 1 felony if the value of the
11    property is $100,000 or more.
12        (b)  For purposes of this Section:
13             (1)  "Elderly person" means a person 60 years of age
14        or older who is suffering from  a  disease  or  infirmity
15        that  impairs the individual's mental or physical ability
16        to independently manage his or her property or  financial
17        resources, or both.
18             (2)  "Person  with  a disability" means a person who
19        suffers from a permanent physical  or  mental  impairment
20        resulting  from  disease,  injury, functional disorder or
21        congenital condition that impairs the individual's mental
22        or physical ability to independently manage  his  or  her
23        property or financial resources, or both.
24             (3)  "Intimidation"  means  the  communication to an
25        elderly person or a person with a disability that  he  or
26        she  shall  be  deprived  of food and nutrition, shelter,
27        prescribed medication or medical care and treatment.
28             (4)  "Deception" means, in addition to  its  meaning
29        as   defined   in   Section   15-4   of   this   Code,  a
30        misrepresentation  or  concealment   of   material   fact
31        relating  to the terms of a contract or agreement entered
32        into with the elderly person or person with a  disability
33        or  to  the  existing or pre-existing condition of any of
34        the property involved in such contract or  agreement;  or
 
                            -17-               LRB9200825ARcd
 1        the  use  or  employment  of any misrepresentation, false
 2        pretense or false promise in order to  induce,  encourage
 3        or solicit the elderly person or person with a disability
 4        to enter into a contract or agreement.
 5        (c)  For  purposes  of this Section, a person stands in a
 6    position of trust and confidence with an  elderly  person  or
 7    person  with  a  disability  when he (1) is a parent, spouse,
 8    adult child or other relative by blood  or  marriage  of  the
 9    elderly  person  or  person with a disability, (2) is a joint
10    tenant or tenant in common with the elderly person or  person
11    with   a   disability   or  (3)  has  a  legal  or  fiduciary
12    relationship  with  the  elderly  person  or  person  with  a
13    disability.
14        (d)  Nothing in this Section shall be construed to  limit
15    the  remedies  available  to  the  victim  under the Illinois
16    Domestic Violence Act of 1986.
17        (e)  Nothing in this Section shall be construed to impose
18    criminal liability on a person who  has  made  a  good  faith
19    effort  to  assist  the  elderly  person  or  person  with  a
20    disability  in  the  management  of  his or her property, but
21    through no fault of his or her own has been unable to provide
22    such assistance.
23        (f)  It shall not be a defense to financial  exploitation
24    of  an  elderly  person  or person with a disability that the
25    accused reasonably  believed  that  the  victim  was  not  an
26    elderly person or person with a disability.
27        (g)  Civil   Liability.   A  person  who  is  charged  by
28    information or  indictment  with  the  offense  of  financial
29    exploitation of an elderly person or person with a disability
30    and  who  fails  or  refuses  to return the victim's property
31    within 60 days following a written demand from the victim  or
32    the  victim's  legal  representative  shall  be liable to the
33    victim or to the estate of the victim in  damages  of  treble
34    the  amount  of  the  value  of  the  property obtained, plus
 
                            -18-               LRB9200825ARcd
 1    reasonable attorney fees and  court  costs.   The  burden  of
 2    proof  that  the  defendant  unlawfully obtained the victim's
 3    property shall be by a preponderance of the  evidence.   This
 4    subsection  shall  be  operative whether or not the defendant
 5    has been convicted of the offense.
 6    (Source: P.A. 91-236, eff. 7-22-99.)

 7        Section 15.  The Code of Criminal Procedure  of  1963  is
 8    amended  by  changing  Sections  115-10.3  and adding Section
 9    114-13.5 as follows:

10        (725 ILCS 5/114-13.5 new)
11        Sec. 114-13.5.  Evidence deposition; elder abuse.   In  a
12    prosecution for  abuse, neglect, or financial exploitation of
13    an  eligible  adult as defined in the Elder Abuse and Neglect
14    Act, the eligible adult may give testimony in the form of  an
15    evidence deposition and not be required to appear in court to
16    testify.

17        (725 ILCS 5/115-10.3)
18        Sec. 115-10.3.  Hearsay exception regarding elder adults.
19        (a)  In  a  prosecution  for abuse, neglect, or financial
20    exploitation perpetrated upon or against an  eligible  adult,
21    as  defined  in  the  Elder Abuse and Neglect Act, who at the
22    time the act was committed has been diagnosed by a  physician
23    to  suffer  from  (i)  any  form  of  dementia, developmental
24    disability, or other form of mental incapacity  or  (ii)  any
25    physical   infirmity  which  prevents  the  eligible  adult's
26    appearance  in  court,   including   but   not   limited   to
27    prosecutions  for  violations  of  Sections 10-1, 10-2, 10-3,
28    10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4,  12-4.1,
29    12-4.2,  12-4.5,  12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4,
30    12-11, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1,  16-1.3,  and
31    17-3  of  the  Criminal  Code of 1961, the following evidence
 
                            -19-               LRB9200825ARcd
 1    shall be admitted as an exception to the hearsay rule:
 2             (1)  testimony by an eligible adult, of  an  out  of
 3        court  statement  made  by the eligible adult, that he or
 4        she complained of such act to another; and
 5             (2)  testimony of an out of court statement made  by
 6        the  eligible adult, describing any complaint of such act
 7        or matter or detail pertaining to any  act  which  is  an
 8        element   of  an  offense  which  is  the  subject  of  a
 9        prosecution for abuse, neglect, or financial exploitation
10        perpetrated upon or  against the eligible adult.
11        (b)  Such testimony shall only be admitted if:
12             (1)  The court finds in a hearing conducted  outside
13        the  presence  of  the  jury  that the time, content, and
14        circumstances  of  the   statement   provide   sufficient
15        safeguards of reliability; and
16             (2)  The eligible adult either:
17                  (A)  testifies at the proceeding; or
18                  (B)  is  unavailable  as a witness and there is
19             corroborative evidence  of  the  act  which  is  the
20             subject of the statement.
21        (c)  If a statement is admitted pursuant to this Section,
22    the  court shall instruct the jury that it is for the jury to
23    determine  the  weight  and  credibility  to  be  given   the
24    statement  and  that,  in  making the determination, it shall
25    consider the condition of the eligible adult, the  nature  of
26    the  statement,  the  circumstances under which the statement
27    was made, and any other relevant factor.
28        (d)  The  proponent  of  the  statement  shall  give  the
29    adverse party reasonable notice of his or  her  intention  to
30    offer the statement and the particulars of the statement.
31    (Source: P.A. 90-628, eff. 1-1-99.)

32        Section  20.  The  Unified Code of Corrections is amended
33    by changing Section 5-5-3 as follows:
 
                            -20-               LRB9200825ARcd
 1        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 2        Sec. 5-5-3.  Disposition.
 3        (a)  Every  person  convicted  of  an  offense  shall  be
 4    sentenced as provided in this Section.
 5        (b)  The   following   options   shall   be   appropriate
 6    dispositions, alone or in combination, for all  felonies  and
 7    misdemeanors other than those identified in subsection (c) of
 8    this Section:
 9             (1)  A period of probation.
10             (2)  A term of periodic imprisonment.
11             (3)  A term of conditional discharge.
12             (4)  A term of imprisonment.
13             (5)  An order directing the offender to clean up and
14        repair  the  damage,  if the offender was convicted under
15        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
16        1961.
17             (6)  A fine.
18             (7)  An   order   directing  the  offender  to  make
19        restitution to the victim under  Section  5-5-6  of  this
20        Code.
21             (8)  A  sentence of participation in a county impact
22        incarceration program under Section 5-8-1.2 of this Code.
23        Whenever an individual is sentenced for an offense  based
24    upon  an  arrest  for  a  violation  of Section 11-501 of the
25    Illinois Vehicle Code, or a  similar  provision  of  a  local
26    ordinance,   and   the   professional  evaluation  recommends
27    remedial or rehabilitative treatment  or  education,  neither
28    the treatment nor the education shall be the sole disposition
29    and  either  or  both may be imposed only in conjunction with
30    another disposition. The court shall monitor compliance  with
31    any remedial education or treatment recommendations contained
32    in  the professional evaluation.  Programs conducting alcohol
33    or other  drug  evaluation  or  remedial  education  must  be
34    licensed  by  the  Department of Human Services.  However, if
 
                            -21-               LRB9200825ARcd
 1    the individual is not a resident of Illinois, the  court  may
 2    accept  an  alcohol  or  other  drug  evaluation  or remedial
 3    education  program  in  the  state   of   such   individual's
 4    residence.   Programs  providing  treatment  must be licensed
 5    under  existing  applicable  alcoholism  and  drug  treatment
 6    licensure standards.
 7        In addition to any other fine or penalty required by law,
 8    any individual convicted of a violation of Section 11-501  of
 9    the  Illinois  Vehicle  Code  or a similar provision of local
10    ordinance, whose  operation  of  a  motor  vehicle  while  in
11    violation  of  Section  11-501  or such ordinance proximately
12    caused an incident  resulting  in  an  appropriate  emergency
13    response,  shall  be required to make restitution to a public
14    agency for  the  costs  of  that  emergency  response.   Such
15    restitution  shall not exceed $500 per public agency for each
16    such emergency response.  For the purpose of this  paragraph,
17    emergency  response  shall  mean  any  incident  requiring  a
18    response  by: a police officer as defined under Section 1-162
19    of the Illinois Vehicle Code; a fireman carried on the  rolls
20    of  a regularly constituted fire department; and an ambulance
21    as defined  under  Section  4.05  of  the  Emergency  Medical
22    Services (EMS) Systems Act.
23        Neither   a  fine  nor  restitution  shall  be  the  sole
24    disposition for a felony and either or both  may  be  imposed
25    only in conjunction with another disposition.
26        (c) (1)  When a defendant is found guilty of first degree
27        murder   the   State   may  either  seek  a  sentence  of
28        imprisonment under Section 5-8-1 of this Code,  or  where
29        appropriate seek a sentence of death under Section 9-1 of
30        the Criminal Code of 1961.
31             (2)  A  period  of  probation,  a  term  of periodic
32        imprisonment  or  conditional  discharge  shall  not   be
33        imposed  for  the  following  offenses.  The  court shall
34        sentence the offender to not less than the  minimum  term
 
                            -22-               LRB9200825ARcd
 1        of  imprisonment set forth in this Code for the following
 2        offenses, and may order a fine or restitution or both  in
 3        conjunction with such term of imprisonment:
 4                  (A)  First   degree   murder  where  the  death
 5             penalty is not imposed.
 6                  (B)  Attempted first degree murder.
 7                  (C)  A Class X felony.
 8                  (D)  A violation of Section 401.1 or 407 of the
 9             Illinois Controlled Substances Act, or  a  violation
10             of  subdivision  (c)(2)  of  Section 401 of that Act
11             which relates to more than 5 grams  of  a  substance
12             containing cocaine or an analog thereof.
13                  (E)  A  violation  of  Section  5.1 or 9 of the
14             Cannabis Control Act.
15                  (F)  A  Class  2  or  greater  felony  if   the
16             offender  had been convicted of a Class 2 or greater
17             felony within 10 years of  the  date  on  which  the
18             offender  committed  the offense for which he or she
19             is being sentenced, except as otherwise provided  in
20             Section 40-10 of the Alcoholism and Other Drug Abuse
21             and Dependency Act.
22                  (G)  Residential  burglary, except as otherwise
23             provided in Section  40-10  of  the  Alcoholism  and
24             Other Drug Abuse and Dependency Act.
25                  (H)  Criminal   sexual   assault,   except   as
26             otherwise   provided   in  subsection  (e)  of  this
27             Section.
28                  (I)  Aggravated battery of a senior citizen.
29                  (J)  A  forcible  felony  if  the  offense  was
30             related to the activities of an organized gang.
31                  Before July 1, 1994, for the purposes  of  this
32             paragraph,  "organized gang" means an association of
33             5 or more persons, with  an  established  hierarchy,
34             that   encourages  members  of  the  association  to
 
                            -23-               LRB9200825ARcd
 1             perpetrate crimes or provides support to the members
 2             of the association who do commit crimes.
 3                  Beginning July 1, 1994,  for  the  purposes  of
 4             this  paragraph,  "organized  gang"  has the meaning
 5             ascribed  to  it  in  Section  10  of  the  Illinois
 6             Streetgang Terrorism Omnibus Prevention Act.
 7                  (K)  Vehicular hijacking.
 8                  (L)  A second or subsequent conviction for  the
 9             offense  of  hate  crime when the underlying offense
10             upon  which  the  hate  crime  is  based  is  felony
11             aggravated assault or felony mob action.
12                  (M)  A second or subsequent conviction for  the
13             offense  of institutional vandalism if the damage to
14             the property exceeds $300.
15                  (N)  A Class 3 felony  violation  of  paragraph
16             (1)  of  subsection  (a) of Section 2 of the Firearm
17             Owners Identification Card Act.
18                  (O)  A  violation  of  Section  12-6.1  of  the
19             Criminal Code of 1961.
20                  (P)  A violation of paragraph  (1),  (2),  (3),
21             (4),  (5),  or  (7)  of  subsection  (a)  of Section
22             11-20.1 of the Criminal Code of 1961.
23                  (Q)  A  violation  of  Section  20-1.2  of  the
24             Criminal Code of 1961.
25                  (R)  A  violation  of  Section  24-3A  of   the
26             Criminal Code of 1961.
27             (3)  A minimum term of imprisonment of not less than
28        48 consecutive hours or 100 hours of community service as
29        may  be  determined  by  the court shall be imposed for a
30        second or subsequent violation committed within  5  years
31        of a previous violation of Section 11-501 of the Illinois
32        Vehicle Code or a similar provision of a local ordinance.
33             (4)  A minimum term of imprisonment of not less than
34        7  consecutive days or 30 days of community service shall
 
                            -24-               LRB9200825ARcd
 1        be imposed for a violation of paragraph  (c)  of  Section
 2        6-303 of the Illinois Vehicle Code.
 3             (4.1)  A  minimum  term  of  30  consecutive days of
 4        imprisonment, 40 days of 24 hour periodic imprisonment or
 5        720 hours of community service, as may be  determined  by
 6        the  court,  shall  be imposed for a violation of Section
 7        11-501 of the Illinois Vehicle Code during  a  period  in
 8        which  the  defendant's driving privileges are revoked or
 9        suspended, where the revocation or suspension was  for  a
10        violation  of  Section 11-501 or Section 11-501.1 of that
11        Code.
12             (5)  The court may sentence an offender convicted of
13        a business offense or a petty offense or a corporation or
14        unincorporated association convicted of any offense to:
15                  (A)  a period of conditional discharge;
16                  (B)  a fine;
17                  (C)  make  restitution  to  the  victim   under
18             Section 5-5-6 of this Code.
19             (6)  In  no case shall an offender be eligible for a
20        disposition of probation or conditional discharge  for  a
21        Class  1  felony committed while he was serving a term of
22        probation or conditional discharge for a felony.
23             (7)  When  a  defendant  is  adjudged   a   habitual
24        criminal  under Article 33B of the Criminal Code of 1961,
25        the court shall sentence  the  defendant  to  a  term  of
26        natural life imprisonment.
27             (8)  When  a defendant, over the age of 21 years, is
28        convicted of a Class 1 or Class 2  felony,  after  having
29        twice  been  convicted  of  any  Class 2 or greater Class
30        felonies in Illinois, and  such  charges  are  separately
31        brought  and  tried  and arise out of different series of
32        acts, such defendant shall be  sentenced  as  a  Class  X
33        offender.  This  paragraph shall not apply unless (1) the
34        first felony was committed after the  effective  date  of
 
                            -25-               LRB9200825ARcd
 1        this  amendatory  Act  of 1977; and (2) the second felony
 2        was committed after conviction on the first; and (3)  the
 3        third  felony  was  committed  after  conviction  on  the
 4        second.
 5             (9)  A defendant convicted of a second or subsequent
 6        offense  of  ritualized abuse of a child may be sentenced
 7        to a term of natural life imprisonment.
 8        (d)  In any case in which a sentence  originally  imposed
 9    is  vacated,  the  case shall be remanded to the trial court.
10    The trial court shall hold a hearing under Section  5-4-1  of
11    the Unified Code of Corrections which may include evidence of
12    the  defendant's  life, moral character and occupation during
13    the time since the original sentence was passed.   The  trial
14    court  shall  then  impose  sentence upon the defendant.  The
15    trial court may impose any sentence  which  could  have  been
16    imposed at the original trial subject to Section 5-5-4 of the
17    Unified Code of Corrections.
18        (e)  In  cases  where  prosecution  for  criminal  sexual
19    assault  or  aggravated  criminal  sexual abuse under Section
20    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
21    conviction  of  a  defendant  who  was a family member of the
22    victim at the time of the  commission  of  the  offense,  the
23    court shall consider the safety and welfare of the victim and
24    may impose a sentence of probation only where:
25             (1)  the   court  finds  (A)  or  (B)  or  both  are
26        appropriate:
27                  (A)  the defendant  is  willing  to  undergo  a
28             court  approved  counseling  program  for  a minimum
29             duration of 2 years; or
30                  (B)  the defendant is willing to participate in
31             a court approved plan including but not  limited  to
32             the defendant's:
33                       (i)  removal from the household;
34                       (ii)  restricted contact with the victim;
 
                            -26-               LRB9200825ARcd
 1                       (iii)  continued  financial support of the
 2                  family;
 3                       (iv)  restitution for  harm  done  to  the
 4                  victim; and
 5                       (v)  compliance  with  any  other measures
 6                  that the court may deem appropriate; and
 7             (2)  the court orders the defendant to pay  for  the
 8        victim's  counseling  services,  to  the  extent that the
 9        court finds, after considering the defendant's income and
10        assets, that the  defendant  is  financially  capable  of
11        paying  for  such  services,  if  the victim was under 18
12        years of age at the time the offense  was  committed  and
13        requires counseling as a result of the offense.
14        Probation  may be revoked or modified pursuant to Section
15    5-6-4; except where the court determines at the hearing  that
16    the  defendant  violated  a condition of his or her probation
17    restricting contact with the victim or other  family  members
18    or  commits  another  offense with the victim or other family
19    members, the court shall revoke the defendant's probation and
20    impose a term of imprisonment.
21        For the purposes of this  Section,  "family  member"  and
22    "victim"  shall have the meanings ascribed to them in Section
23    12-12 of the Criminal Code of 1961.
24        (f)  This Article shall not  deprive  a  court  in  other
25    proceedings  to order a forfeiture of property, to suspend or
26    cancel a license, to remove  a  person  from  office,  or  to
27    impose any other civil penalty.
28        (g)  Whenever  a  defendant  is  convicted  of an offense
29    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
30    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
31    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
32    shall  undergo  medical  testing  to  determine  whether  the
33    defendant has any sexually transmissible disease, including a
34    test for infection with human immunodeficiency virus (HIV) or
 
                            -27-               LRB9200825ARcd
 1    any    other   identified   causative   agent   of   acquired
 2    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 3    shall  be  performed  only  by appropriately licensed medical
 4    practitioners and may  include  an  analysis  of  any  bodily
 5    fluids  as  well as an examination of the defendant's person.
 6    Except as otherwise provided by law, the results of such test
 7    shall be kept strictly confidential by all medical  personnel
 8    involved in the testing and must be personally delivered in a
 9    sealed  envelope  to  the  judge  of  the  court in which the
10    conviction was entered for the judge's inspection in  camera.
11    Acting  in  accordance  with the best interests of the victim
12    and the public,  the  judge  shall  have  the  discretion  to
13    determine  to whom, if anyone, the results of the testing may
14    be revealed. The court shall notify the defendant of the test
15    results.  The court shall also notify the victim if requested
16    by the victim, and if the victim is under the age of  15  and
17    if  requested  by the victim's parents or legal guardian, the
18    court shall notify the victim's parents or legal guardian  of
19    the test results.  The court shall provide information on the
20    availability  of  HIV testing and counseling at Department of
21    Public Health facilities to all parties to whom  the  results
22    of  the  testing  are  revealed  and shall direct the State's
23    Attorney to  provide  the  information  to  the  victim  when
24    possible. A State's Attorney may petition the court to obtain
25    the  results of any HIV test administered under this Section,
26    and the court shall  grant  the  disclosure  if  the  State's
27    Attorney  shows it is relevant in order to prosecute a charge
28    of criminal transmission of HIV under Section 12-16.2 of  the
29    Criminal Code of 1961 against the defendant.  The court shall
30    order  that  the  cost  of any such test shall be paid by the
31    county and may  be  taxed  as  costs  against  the  convicted
32    defendant.
33        (g-5)  When   an   inmate   is  tested  for  an  airborne
34    communicable  disease,  as   determined   by   the   Illinois
 
                            -28-               LRB9200825ARcd
 1    Department  of  Public  Health  including  but not limited to
 2    tuberculosis, the results of the  test  shall  be  personally
 3    delivered  by  the  warden or his or her designee in a sealed
 4    envelope to the judge of the court in which the  inmate  must
 5    appear  for  the judge's inspection in camera if requested by
 6    the judge.  Acting in accordance with the best  interests  of
 7    those  in  the courtroom, the judge shall have the discretion
 8    to determine what if any precautions  need  to  be  taken  to
 9    prevent transmission of the disease in the courtroom.
10        (h)  Whenever  a  defendant  is  convicted  of an offense
11    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
12    Act, the defendant shall undergo medical testing to determine
13    whether   the   defendant   has   been   exposed   to   human
14    immunodeficiency   virus   (HIV)   or  any  other  identified
15    causative agent of acquired immunodeficiency syndrome (AIDS).
16    Except as otherwise provided by law, the results of such test
17    shall be kept strictly confidential by all medical  personnel
18    involved in the testing and must be personally delivered in a
19    sealed  envelope  to  the  judge  of  the  court in which the
20    conviction was entered for the judge's inspection in  camera.
21    Acting  in  accordance with the best interests of the public,
22    the judge shall have the discretion to determine to whom,  if
23    anyone, the results of the testing may be revealed. The court
24    shall  notify  the  defendant  of  a positive test showing an
25    infection with the human immunodeficiency  virus  (HIV).  The
26    court  shall  provide  information on the availability of HIV
27    testing  and  counseling  at  Department  of  Public   Health
28    facilities  to all parties to whom the results of the testing
29    are revealed and shall direct the State's Attorney to provide
30    the information  to  the  victim  when  possible.  A  State's
31    Attorney  may petition the court to obtain the results of any
32    HIV test administered under  this   Section,  and  the  court
33    shall  grant  the disclosure if the State's Attorney shows it
34    is relevant in  order  to  prosecute  a  charge  of  criminal
 
                            -29-               LRB9200825ARcd
 1    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 2    Code of 1961 against the defendant.  The  court  shall  order
 3    that  the  cost  of any such test shall be paid by the county
 4    and may be taxed as costs against the convicted defendant.
 5        (i)  All fines and penalties imposed under  this  Section
 6    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 7    Vehicle  Code,  or  a similar provision of a local ordinance,
 8    and any violation of the Child Passenger Protection Act, or a
 9    similar provision of a local ordinance,  shall  be  collected
10    and  disbursed by the circuit clerk as provided under Section
11    27.5 of the Clerks of Courts Act.
12        (j)  In cases  when  prosecution  for  any  violation  of
13    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
14    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
15    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
16    12-16 of the Criminal Code of  1961,  any  violation  of  the
17    Illinois  Controlled  Substances Act, or any violation of the
18    Cannabis Control Act results in conviction, a disposition  of
19    court  supervision,  or  an  order of probation granted under
20    Section 10 of the Cannabis Control Act or Section 410 of  the
21    Illinois  Controlled  Substance Act of a defendant, the court
22    shall determine  whether  the  defendant  is  employed  by  a
23    facility  or  center  as  defined under the Child Care Act of
24    1969, a public or private elementary or secondary school,  or
25    otherwise  works  with  children  under  18 years of age on a
26    daily basis.  When a defendant  is  so  employed,  the  court
27    shall  order  the  Clerk  of  the Court to send a copy of the
28    judgment of conviction or order of supervision  or  probation
29    to  the  defendant's  employer  by  certified  mail.  If  the
30    employer of the defendant is a school, the Clerk of the Court
31    shall  direct  the  mailing  of  a  copy  of  the judgment of
32    conviction or  order  of  supervision  or  probation  to  the
33    appropriate regional superintendent of schools.  The regional
34    superintendent  of  schools  shall  notify the State Board of
 
                            -30-               LRB9200825ARcd
 1    Education of any notification under this subsection.
 2        (j-5)  A defendant at  least  17  years  of  age  who  is
 3    convicted  of  a  felony  and  who  has  not  been previously
 4    convicted of a misdemeanor or felony and who is sentenced  to
 5    a   term  of  imprisonment  in  the  Illinois  Department  of
 6    Corrections shall as a condition of his or  her  sentence  be
 7    required  by the court to attend educational courses designed
 8    to prepare the defendant for a high  school  diploma  and  to
 9    work  toward  a high school diploma or to work toward passing
10    the high school level Test of General Educational Development
11    (GED) or to work  toward  completing  a  vocational  training
12    program  offered  by  the  Department  of  Corrections.  If a
13    defendant fails to complete the educational training required
14    by his or her sentence during the term of incarceration,  the
15    Prisoner  Review  Board  shall,  as  a condition of mandatory
16    supervised release, require the defendant, at his or her  own
17    expense,  to  pursue  a  course of study toward a high school
18    diploma or passage of the  GED  test.   The  Prisoner  Review
19    Board  shall  revoke  the  mandatory  supervised release of a
20    defendant who wilfully fails to comply with  this  subsection
21    (j-5)  upon  his  or  her release from confinement in a penal
22    institution while  serving  a  mandatory  supervised  release
23    term;  however, the inability of the defendant after making a
24    good faith effort to obtain financial  aid  or  pay  for  the
25    educational  training shall not be deemed a wilful failure to
26    comply.   The  Prisoner  Review  Board  shall  recommit   the
27    defendant  whose  mandatory  supervised release term has been
28    revoked under this subsection (j-5) as  provided  in  Section
29    3-3-9.   This  subsection (j-5) does not apply to a defendant
30    who has a high school diploma or has successfully passed  the
31    GED test. This subsection (j-5) does not apply to a defendant
32    who is determined by the court to be developmentally disabled
33    or otherwise mentally incapable of completing the educational
34    or vocational program.
 
                            -31-               LRB9200825ARcd
 1        (k)  A court may not impose a sentence or disposition for
 2    a  felony  or  misdemeanor  that requires the defendant to be
 3    implanted or injected with  or  to  use  any  form  of  birth
 4    control.
 5        (l) (A)  Except   as   provided   in   paragraph  (C)  of
 6        subsection (l), whenever a defendant, who is an alien  as
 7        defined  by  the  Immigration  and  Nationality  Act,  is
 8        convicted of any felony or misdemeanor offense, the court
 9        after  sentencing  the  defendant may, upon motion of the
10        State's Attorney, hold sentence in  abeyance  and  remand
11        the  defendant  to the custody of the Attorney General of
12        the United States or his or her designated  agent  to  be
13        deported when:
14                  (1)  a  final  order  of  deportation  has been
15             issued against the defendant pursuant to proceedings
16             under the Immigration and Nationality Act, and
17                  (2)  the deportation of the defendant would not
18             deprecate the seriousness of the defendant's conduct
19             and would not  be  inconsistent  with  the  ends  of
20             justice.
21             Otherwise,  the  defendant  shall  be  sentenced  as
22        provided in this Chapter V.
23             (B)  If the defendant has already been sentenced for
24        a  felony  or  misdemeanor offense, or has been placed on
25        probation under Section 10 of the Cannabis Control Act or
26        Section 410 of the Illinois  Controlled  Substances  Act,
27        the  court  may,  upon  motion of the State's Attorney to
28        suspend the sentence imposed, commit the defendant to the
29        custody of the Attorney General of the United  States  or
30        his or her designated agent when:
31                  (1)  a  final  order  of  deportation  has been
32             issued against the defendant pursuant to proceedings
33             under the Immigration and Nationality Act, and
34                  (2)  the deportation of the defendant would not
 
                            -32-               LRB9200825ARcd
 1             deprecate the seriousness of the defendant's conduct
 2             and would not  be  inconsistent  with  the  ends  of
 3             justice.
 4             (C)  This subsection (l) does not apply to offenders
 5        who  are  subject  to  the provisions of paragraph (2) of
 6        subsection (a) of Section 3-6-3.
 7             (D)  Upon motion  of  the  State's  Attorney,  if  a
 8        defendant  sentenced  under  this  Section returns to the
 9        jurisdiction of the United States, the defendant shall be
10        recommitted to the custody of the county from which he or
11        she was sentenced. Thereafter,  the  defendant  shall  be
12        brought before the sentencing court, which may impose any
13        sentence  that  was  available under Section 5-5-3 at the
14        time of initial sentencing.  In addition,  the  defendant
15        shall  not be eligible for additional good conduct credit
16        for meritorious service as provided under Section 3-6-6.
17        (m)  A  person  convicted  of  criminal   defacement   of
18    property  under  Section 21-1.3 of the Criminal Code of 1961,
19    in which the property damage exceeds $300  and  the  property
20    damaged  is  a  school  building, shall be ordered to perform
21    community service  that  may  include  cleanup,  removal,  or
22    painting over the defacement.
23        (n)  The  court  may  sentence  a  person  convicted of a
24    violation of Section 12-19, 12-21, or 16-1.3 of the  Criminal
25    Code of 1961 to an impact incarceration program if the person
26    is otherwise eligible for that program under Section 5-8-1.1,
27    community   service,  or  if  the  person  is  an  addict  or
28    alcoholic, as defined in the Alcoholism and Other Drug  Abuse
29    and  Dependency  Act, to a substance or alcohol abuse program
30    licensed under that Act.
31    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
32    eff. 1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff.  8-14-98;
33    91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663, eff.
34    12-22-99; 91-695, eff. 4-13-00.)
 
                            -33-               LRB9200825ARcd
 1        Section 25.  The Probate Act of 1975 is amended by adding
 2    Section 2-6.6 as follows:

 3        (755 ILCS 5/2-6.6 new)
 4        Sec. 2-6.6.  Person convicted of certain offenses against
 5    the elderly or disabled.  A person  who  is  convicted  of  a
 6    violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
 7    Code of 1961 may not receive any property, benefit, or  other
 8    interest  by  reason  of  the  death  of  the  victim of that
 9    offense, whether as heir, legatee, beneficiary, joint tenant,
10    tenant by the entirety, survivor, appointee, or in any  other
11    capacity and whether the property, benefit, or other interest
12    passes   pursuant   to   any   form  of  title  registration,
13    testamentary  or   nontestamentary   instrument,   intestacy,
14    renunciation,  or  any  other  circumstance.   The  property,
15    benefit,  or  other  interest  shall  pass  as  if the person
16    convicted of a violation of Section 12-19, 12-21,  or  16-1.3
17    of  the  Criminal  Code  of  1961  died  before the decedent;
18    provided that with  respect  to  joint  tenancy  property  or
19    property  held  in  tenancy  by  the  entirety,  the interest
20    possessed prior to the death by the person convicted may  not
21    be diminished by the application of this Section.
22        The  holder  of any property subject to the provisions of
23    this Section is not liable for distributing or releasing  the
24    property  to the person convicted of violating Section 12-19,
25    12-21, or  16-1.3  of  the  Criminal  Code  of  1961  if  the
26    distribution   or   release   occurred  before  the  person's
27    conviction for that offense.

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