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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; 15or16 (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 TrainingandStandards 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 yearsone yearto 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 CriminalGrossNeglect 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 criminallygrossly15 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 34felony. 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 to23apply to a physician licensed to practice medicine in all its24branches or a duly licensed nurse providing care within the25scope of his or her professional judgment and within the26accepted 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 lawwith the intent to2permanently deprive the elderly person or the person with a3disability of the use, benefit, or possession of his or her4property. 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 olderwho is suffering from a disease or infirmity15that impairs the individual's mental or physical ability16to independently manage his or her property or financial17resources, 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 personwho is charged by28information or indictment with the offense of financial29exploitation of an elderly person or person with a disability30andwho 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, whoat the22time the act was committedhas 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.