[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
| [ House Amendment 003 ] |
92_HB0596eng HB0596 Engrossed 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 3.5, 4, and 7 and adding Section 14 as 7 follows: 8 (320 ILCS 20/3.5) 9 Sec. 3.5. Other Responsibilities. The Department shall 10 also be responsible for the following activities, contingent 11 upon adequate funding: 12 (a) promotion of a wide range of endeavors for the 13 purpose of preventing elder abuse, neglect, and financial 14 exploitation in both domestic and institutional settings, 15 including, but not limited to, promotion of public and 16 professional education to increase awareness of elder abuse, 17 neglect, and financial exploitation, to increase reports, and 18 to improve response by various legal, financial, social, and 19 health systems; 20 (b) coordination of efforts with other agencies, 21 councils, and like entities, to include but not be limited 22 to, the Office of the Attorney General, the State Police, the 23 Illinois Law Enforcement TrainingandStandards Board, the 24 State Triad, the Illinois Criminal Justice Information 25 Authority, the Departments of Public Health, Public Aid, and 26 Human Services, the Family Violence Coordinating Council, the 27 Illinois Violence Prevention Authority, and other entities 28 which may impact awareness of, and response to, elder abuse, 29 neglect, and financial exploitation; 30 (c) collection and analysis of data; 31 (d) monitoring of the performance of regional HB0596 Engrossed -2- LRB9200825ARcd 1 administrative agencies and elder abuse provider agencies; 2 and 3 (e) promotion of prevention activities;.4 (f) establishing and coordinating a training program on 5 the unique nature of elder abuse cases with other agencies, 6 councils, and like entities, to include but not be limited to 7 the Office of the Attorney General, the State Police, the 8 Illinois Law Enforcement Training Standards Board, the State 9 Triad, the Illinois Criminal Justice Information Authority, 10 the Departments of Public Health, Public Aid, and Human 11 Services, the Family Violence Coordinating Council, the 12 Illinois Violence Prevention Authority, and other entities 13 that may impact awareness of, and response to elder abuse, 14 neglect, and financial exploitation; 15 (g) coordinating efforts with banks and financial 16 institutions to educate and warn persons 60 years of age and 17 older about financial exploitation and coordinating an 18 ombudsman program with banks and financial institutions to 19 educate persons 60 years of age and older on investing, 20 financial exploitation, and telemarketing fraud; and 21 (h) coordinating efforts with utility and electric 22 companies to send notices in utility bills to explain to 23 persons 60 years of age or older their rights regarding 24 telemarketing and home repair fraud. 25 (Source: P.A. 90-628, eff. 1-1-99; revised 2-23-00.) 26 (320 ILCS 20/4) (from Ch. 23, par. 6604) 27 Sec. 4. Reports of abuse or neglect. 28 (a) Any person who suspects the abuse, neglect, or 29 financial exploitation of an eligible adult may report this 30 suspicion to an agency designated to receive such reports 31 under this Act or to the Department. 32 (a-5) If any mandated reporter has reason to believe 33 that an eligible adult, who because of dysfunction is unable HB0596 Engrossed -3- LRB9200825ARcd 1 to seek assistance for himself or herself, has, within the 2 previous 12 months, been subjected to abuse, neglect, or 3 financial exploitation, the mandated reporter shall, within 4 24 hours after developing such belief, report this suspicion 5 to an agency designated to receive such reports under this 6 Act or to the Department. Whenever a mandated reporter is 7 required to report under this Act in his or her capacity as a 8 member of the staff of a medical or other public or private 9 institution, facility, board and care home, or agency, he or 10 she shall make a report to an agency designated to receive 11 such reports under this Act or to the Department in 12 accordance with the provisions of this Act and may also 13 notify the person in charge of the institution, facility, 14 board and care home, or agency or his or her designated agent 15 that the report has been made. Under no circumstances shall 16 any person in charge of such institution, facility, board and 17 care home, or agency, or his or her designated agent to whom 18 the notification has been made, exercise any control, 19 restraint, modification, or other change in the report or the 20 forwarding of the report to an agency designated to receive 21 such reports under this Act or to the Department. The 22 privileged quality of communication between any professional 23 person required to report and his or her patient or client 24 shall not apply to situations involving abused, neglected, or 25 financially exploited eligible adults and shall not 26 constitute grounds for failure to report as required by this 27 Act. 28 (a-7) A person making a report under this Act in the 29 belief that it is in the alleged victim's best interest shall 30 be immune from criminal or civil liability or professional 31 disciplinary action on account of making the report, 32 notwithstanding any requirements concerning the 33 confidentiality of information with respect to such eligible 34 adult which might otherwise be applicable. HB0596 Engrossed -4- LRB9200825ARcd 1 (a-9) Law enforcement officers shall continue to report 2 incidents of alleged abuse pursuant to the Illinois Domestic 3 Violence Act of 1986, notwithstanding any requirements under 4 this Act. 5 (b) Any person, institution or agency participating in 6 the making of a report, providing information or records 7 related to a report, assessment, or services, or 8 participating in the investigation of a report under this Act 9 in good faith, or taking photographs or x-rays as a result of 10 an authorized assessment, shall have immunity from any civil, 11 criminal or other liability in any civil, criminal or other 12 proceeding brought in consequence of making such report or 13 assessment or on account of submitting or otherwise 14 disclosing such photographs or x-rays to any agency 15 designated to receive reports of alleged or suspected abuse 16 or neglect. Any person, institution or agency authorized by 17 the Department to provide assessment, intervention, or 18 administrative services under this Act shall, in the good 19 faith performance of those services, have immunity from any 20 civil, criminal or other liability in any civil, criminal, or 21 other proceeding brought as a consequence of the performance 22 of those services. For the purposes of any civil, criminal, 23 or other proceeding, the good faith of any person required to 24 report, permitted to report, or participating in an 25 investigation of a report of alleged or suspected abuse, 26 neglect, or financial exploitation shall be presumed. 27 (c) The identity of a person making a report of alleged 28 or suspected abuse or neglect under this Act may be disclosed 29 by the Department or other agency provided for in this Act 30 only with such person's written consent or by court order. 31 (d) The Department shall by rule establish a system for 32 filing and compiling reports made under this Act. 33 (e) A mandated reporter required to make a report of 34 suspected abuse, neglect, or financial exploitation under HB0596 Engrossed -5- LRB9200825ARcd 1 this Act who fails to do so is guilty of a Class A 2 misdemeanor. 3 (Source: P.A. 90-628, eff. 1-1-99.) 4 (320 ILCS 20/7) (from Ch. 23, par. 6607) 5 Sec. 7. Review. All services provided to an eligible 6 adult shall be reviewed by the provider agency on at least a 7 quarterly basis for up to 2 yearsone yearto determine 8 whether the service care plan should be continued or 9 modified. 10 (Source: P.A. 90-628, eff. 1-1-99.) 11 (320 ILCS 20/14 new) 12 Sec. 14. Private caregivers registry. The Department 13 shall maintain a computerized database of caregivers who have 14 been convicted of a violation of Section 12-19, 12-21, or 15 16-1.3 of the Criminal Code of 1961. Within 48 hours of the 16 conviction of any caregiver for any of these violations, the 17 clerk of the court shall forward the record of conviction to 18 the Department. The Department shall enter that information 19 in the database. The Department shall periodically update 20 the database and make the information available on the 21 Internet by means of a hyperlink to the Department's World 22 Wide Web home page. The Department shall promulgate rules to 23 implement this Section. 24 Section 10. The Criminal Code of 1961 is amended by 25 changing Sections 12-19, 12-21, and 16-1.3 as follows: 26 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19) 27 Sec. 12-19. Abuse and CriminalGrossNeglect of a Long 28 Term Care Facility Resident. 29 (a) Any person or any owner or licensee of a long term 30 care facility who abuses a long term care facility resident HB0596 Engrossed -6- LRB9200825ARcd 1 is guilty of a Class 3 felony. Any person or any owner or 2 licensee of a long term care facility who criminallygrossly3 neglects a long term care facility resident as described in 4 paragraph (a)(1), (a)(2), or (a)(3) of Section 12-21 is 5 guilty of a Class 34felony. A person whose criminal neglect 6 of a long term care facility resident results in the 7 resident's death is guilty of a Class 2 felony for which the 8 defendant, if sentenced to a term of imprisonment, shall be 9 sentenced to a term of not less than 3 years and not more 10 than 14 years. However, nothing herein shall be deemed to 11 apply to a physician licensed to practice medicine in all its 12 branches or a duly licensed nurse providing care within the 13 scope of his or her professional judgment and within the 14 accepted standards of care within the community. 15 (b) Notwithstanding the penalties in subsections (a) and 16 (c) and in addition thereto, if a licensee or owner of a long 17 term care facility or his or her employee has caused neglect 18 of a resident, the licensee or owner is guilty of a petty 19 offense. An owner or licensee is guilty under this 20 subsection (b) only if the owner or licensee failed to 21 exercise reasonable care in the hiring, training, supervising 22 or providing of staff or other related routine administrative 23 responsibilities. 24 (c) Notwithstanding the penalties in subsections (a) and 25 (b) and in addition thereto, if a licensee or owner of a long 26 term care facility or his or her employee has caused gross 27 neglect of a resident, the licensee or owner is guilty of a 28 business offense for which a fine of not more than $10,000 29 may be imposed. An owner or licensee is guilty under this 30 subsection (c) only if the owner or licensee failed to 31 exercise reasonable care in the hiring, training, supervising 32 or providing of staff or other related routine administrative 33 responsibilities. 34 (d) For the purpose of this Section: HB0596 Engrossed -7- LRB9200825ARcd 1 (1) "Abuse" means intentionally or knowingly 2 causing any physical or mental injury or committing any 3 sexual offense set forth in this Code. 4 (2) "Gross neglect" means recklessly failing to 5 provide adequate medical or personal care or maintenance, 6 which failure results in physical or mental injury or the 7 deterioration of a physical or mental condition. 8 (3) "Neglect" means negligently failing to provide 9 adequate medical or personal care or maintenance, which 10 failure results in physical or mental injury or the 11 deterioration of a physical or mental condition. 12 (4) "Resident" means a person residing in a long 13 term care facility. 14 (5) "Owner" means the person who owns a long term 15 care facility as provided under the Nursing Home Care Act 16 or an assisted living or shared housing establishment 17 under the Assisted Living and Shared Housing Act. 18 (6) "Licensee" means the individual or entity 19 licensed to operate a facility under the Nursing Home 20 Care Act or the Assisted Living and Shared Housing Act. 21 (7) "Facility" or "long term care facility" means a 22 private home, institution, building, residence, or any 23 other place, whether operated for profit or not, or a 24 county home for the infirm and chronically ill operated 25 pursuant to Division 5-21 or 5-22 of the Counties Code, 26 or any similar institution operated by the State of 27 Illinois or a political subdivision thereof, which 28 provides, through its ownership or management, personal 29 care, sheltered care or nursing for 3 or more persons not 30 related to the owner by blood or marriage. The term also 31 includes skilled nursing facilities and intermediate care 32 facilities as defined in Title XVIII and Title XIX of the 33 federal Social Security Act and assisted living 34 establishments and shared housing establishments licensed HB0596 Engrossed -8- LRB9200825ARcd 1 under the Assisted Living and Shared Housing Act. 2 (e) Nothing contained in this Section shall be deemed to 3 apply to the medical supervision, regulation or control of 4 the remedial care or treatment of residents in a facility 5 conducted for those who rely upon treatment by prayer or 6 spiritual means in accordance with the creed or tenets of any 7 well recognized church or religious denomination and which is 8 licensed in accordance with Section 3-803 of the Nursing Home 9 Care Act. 10 (Source: P.A. 91-656, eff. 1-1-01.) 11 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21) 12 Sec. 12-21. Criminal neglect of an elderly person or 13disabledperson with a disability. 14 (a) A person commits the offense of criminal neglect of 15 an elderly person or person with a disabilitydisabled person16 when he is a caregiver and he knowingly: 17 (1) performs acts which cause the elderly person or 18 person with a disability'sdisabled person'slife to be 19 endangered, health to be injured, or pre-existing 20 physical or mental condition to deteriorate; or 21 (2) fails to perform acts which he knows or 22 reasonably should know are necessary to maintain or 23 preserve the life or health of the elderly person or 24disabledperson with a disability and such failure causes 25 the elderly person or person with a disability'sdisabled26person'slife to be endangered, health to be injured or 27 pre-existing physical or mental condition to deteriorate; 28 or 29 (3) abandons the elderly person ordisabledperson 30 with a disability. 31 Criminal neglect of an elderly person or person with a 32 disability is a Class 3 felony. Criminal neglect of an 33 elderly person or person with a disability is a Class 2 HB0596 Engrossed -9- LRB9200825ARcd 1 felony if the criminal neglect results in the death of the 2 person neglected for which the defendant, if sentenced to a 3 term of imprisonment, shall be sentenced to a term of not 4 less than 3 years and not more than 14 years. 5 (b) For purposes of this Section: 6 (1) "Elderly person" means a person 60 years of age 7 or older whois suffering from a disease or infirmity8associated with advanced age and manifested by physical,9mental or emotional dysfunctioning to the extent that10such personis incapable of adequately providing for his 11 or her own health and personal care. 12 (2) "Person with a disability""Disabled person"13 means a person who suffers from a permanent physical or 14 mental impairment, resulting from disease, injury, 15 functional disorder or congenital condition which renders 16 such person incapable of adequately providing for his own 17 health and personal care. 18 (3) "Caregiver" means a person who has a duty to 19 provide for an elderly person or person with a 20 disability'sdisabled person'shealth and personal care, 21 at such person's place of residence, including but not 22 limited to, food and nutrition, shelter, hygiene, 23 prescribed medication and medical care and treatment. 24 "Caregiver" shall include: 25 (A) a parent, spouse, adult child or other 26 relative by blood or marriage who resides with or 27 resides in the same building with orandregularly 28 visits the elderly person ordisabledperson with a 29 disability, knows or reasonably should know of such 30 person's physical or mental impairment and knows or 31 reasonably should know that such person is unable to 32 adequately provide for his own health and personal 33 care; 34 (B) a person who is employed by the elderly HB0596 Engrossed -10- LRB9200825ARcd 1 person ordisabledperson with a disability or by 2 another to reside with or regularly visit the 3 elderly person ordisabledperson with a disability 4 and provide for such person's health and personal 5 care; 6 (C) a person who has agreed for consideration 7 to reside with or regularly visit the elderly person 8 ordisabledperson with a disability and provide for 9 such person's health and personal care; and 10 (D) a person who has been appointed by a 11 private or public agency or by a court of competent 12 jurisdiction to provide for the elderly person or 13 person with a disability'sdisabled person'shealth 14 and personal care. 15 "Caregiver" shall not include a long-term care 16 facility licensed or certified under the Nursing Home 17 Care Act or any administrative, medical or other 18 personnel of such a facility, or a health care provider 19 who is licensed under the Medical Practice Act of 1987 20 and renders care in the ordinary course of his 21 profession. 22 (4) "Abandon" means to desert or knowingly forsake 23 an elderly person ordisabledperson with a disability 24 under circumstances in which a reasonable person would 25 continue to provide care and custody. 26 (c) Nothing in this Section shall be construed to limit 27 the remedies available to the victim under the Illinois 28 Domestic Violence Act. 29 (d) Nothing in this Section shall be construed to impose 30 criminal liability on a person who has made a good faith 31 effort to provide for the health and personal care of an 32 elderly person ordisabledperson with a disability, but 33 through no fault of his own has been unable to provide such 34 care. HB0596 Engrossed -11- LRB9200825ARcd 1 (e) Nothing in this Section shall be construed as 2 prohibiting a person from providing treatment by spiritual 3 means through prayer alone and care consistent therewith in 4 lieu of medical care and treatment in accordance with the 5 tenets and practices of any church or religious denomination 6 of which the elderly person ordisabledperson with a 7 disability is a member. 8 (f) It shall not be a defense to criminal neglect of an 9 elderly or disabled person that the accused reasonably 10 believed that the victim was not an elderly person or 11disabledperson with a disability. 12 (Source: P.A. 90-14, eff. 7-1-97.) 13 (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3) 14 Sec. 16-1.3. Financial exploitation of an elderly person 15 or a person with a disability. 16 (a) A person commits the offense of financial 17 exploitation of an elderly person or a person with a 18 disability when he or she stands in a position of trust or 19 confidence with the elderly person or a person with a 20 disability and he or she knowingly and by deception or 21 intimidation obtains control over the property of an elderly 22 person or a person with a disability or illegally uses the 23 assets or resources of an elderly person or a person with a 24 disability. The illegal use of the assets or resources of an 25 elderly person or a person with a disability includes, but is 26 not limited to, the misappropriation of those assets or 27 resources by undue influence, breach of a fiduciary 28 relationship, fraud, deception, extortion, or use of the 29 assets or resources contrary to lawwith the intent to30permanently deprive the elderly person or the person with a31disability of the use, benefit, or possession of his or her32property. 33 Financial exploitation of an elderly person or a person HB0596 Engrossed -12- LRB9200825ARcd 1 with a disability is a Class 4 felony if the value of the 2 property is $300 or less, a Class 3 felony if the value of 3 the property is more than $300 but less than $5,000, a Class 4 2 felony if the value of the property is $5,000 or more but 5 less than $100,000 and a Class 1 felony if the value of the 6 property is $100,000 or more. 7 (b) For purposes of this Section: 8 (1) "Elderly person" means a person 60 years of age 9 or olderwho is suffering from a disease or infirmity10that impairs the individual's mental or physical ability11to independently manage his or her property or financial12resources, or both. 13 (2) "Person with a disability" means a person who 14 suffers from a permanent physical or mental impairment 15 resulting from disease, injury, functional disorder or 16 congenital condition that impairs the individual's mental 17 or physical ability to independently manage his or her 18 property or financial resources, or both. 19 (3) "Intimidation" means the communication to an 20 elderly person or a person with a disability that he or 21 she shall be deprived of food and nutrition, shelter, 22 prescribed medication or medical care and treatment. 23 (4) "Deception" means, in addition to its meaning 24 as defined in Section 15-4 of this Code, a 25 misrepresentation or concealment of material fact 26 relating to the terms of a contract or agreement entered 27 into with the elderly person or person with a disability 28 or to the existing or pre-existing condition of any of 29 the property involved in such contract or agreement; or 30 the use or employment of any misrepresentation, false 31 pretense or false promise in order to induce, encourage 32 or solicit the elderly person or person with a disability 33 to enter into a contract or agreement. 34 (c) For purposes of this Section, a person stands in a HB0596 Engrossed -13- LRB9200825ARcd 1 position of trust and confidence with an elderly person or 2 person with a disability when he (1) is a parent, spouse, 3 adult child or other relative by blood or marriage of the 4 elderly person or person with a disability, (2) is a joint 5 tenant or tenant in common with the elderly person or person 6 with a disability or (3) has a legal or fiduciary 7 relationship with the elderly person or person with a 8 disability. 9 (d) Nothing in this Section shall be construed to limit 10 the remedies available to the victim under the Illinois 11 Domestic Violence Act of 1986. 12 (e) Nothing in this Section shall be construed to impose 13 criminal liability on a person who has made a good faith 14 effort to assist the elderly person or person with a 15 disability in the management of his or her property, but 16 through no fault of his or her own has been unable to provide 17 such assistance. 18 (f) It shall not be a defense to financial exploitation 19 of an elderly person or person with a disability that the 20 accused reasonably believed that the victim was not an 21 elderly person or person with a disability. 22 (g) Civil liability. A person who is charged by 23 information or indictment with the offense of financial 24 exploitation of an elderly person or person with a disability 25 and who fails or refuses to return the victim's property 26 within 60 days following a written demand from the victim or 27 the victim's legal representative shall be liable to the 28 victim or to the estate of the victim in damages of treble 29 the amount of the value of the property obtained, plus 30 reasonable attorney fees and court costs. The burden of 31 proof that the defendant unlawfully obtained the victim's 32 property shall be by a preponderance of the evidence. This 33 subsection shall be operative whether or not the defendant 34 has been convicted of the offense. HB0596 Engrossed -14- LRB9200825ARcd 1 (Source: P.A. 91-236, eff. 7-22-99.) 2 Section 15. The Code of Criminal Procedure of 1963 is 3 amended by changing Sections 115-10.3 and adding Section 4 114-13.5 as follows: 5 (725 ILCS 5/114-13.5 new) 6 Sec. 114-13.5. Evidence deposition; elder abuse. In a 7 prosecution for abuse, neglect, or financial exploitation of 8 an eligible adult as defined in the Elder Abuse and Neglect 9 Act, the eligible adult may give testimony in the form of an 10 evidence deposition and not be required to appear in court to 11 testify. 12 (725 ILCS 5/115-10.3) 13 Sec. 115-10.3. Hearsay exception regarding elder adults. 14 (a) In a prosecution for abuse, neglect, or financial 15 exploitation perpetrated upon or against an eligible adult, 16 as defined in the Elder Abuse and Neglect Act, whoat the17time the act was committedhas been diagnosed by a physician 18 to suffer from (i) any form of dementia, developmental 19 disability, or other form of mental incapacity or (ii) any 20 physical infirmity which prevents the eligible adult's 21 appearance in court, including but not limited to 22 prosecutions for violations of Sections 10-1, 10-2, 10-3, 23 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 24 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 25 12-11, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, and 26 17-3 of the Criminal Code of 1961, the following evidence 27 shall be admitted as an exception to the hearsay rule: 28 (1) testimony by an eligible adult, of an out of 29 court statement made by the eligible adult, that he or 30 she complained of such act to another; and 31 (2) testimony of an out of court statement made by HB0596 Engrossed -15- LRB9200825ARcd 1 the eligible adult, describing any complaint of such act 2 or matter or detail pertaining to any act which is an 3 element of an offense which is the subject of a 4 prosecution for abuse, neglect, or financial exploitation 5 perpetrated upon or against the eligible adult. 6 (b) Such testimony shall only be admitted if: 7 (1) The court finds in a hearing conducted outside 8 the presence of the jury that the time, content, and 9 circumstances of the statement provide sufficient 10 safeguards of reliability; and 11 (2) The eligible adult either: 12 (A) testifies at the proceeding; or 13 (B) is unavailable as a witness and there is 14 corroborative evidence of the act which is the 15 subject of the statement. 16 (c) If a statement is admitted pursuant to this Section, 17 the court shall instruct the jury that it is for the jury to 18 determine the weight and credibility to be given the 19 statement and that, in making the determination, it shall 20 consider the condition of the eligible adult, the nature of 21 the statement, the circumstances under which the statement 22 was made, and any other relevant factor. 23 (d) The proponent of the statement shall give the 24 adverse party reasonable notice of his or her intention to 25 offer the statement and the particulars of the statement. 26 (Source: P.A. 90-628, eff. 1-1-99.) 27 Section 20. The Unified Code of Corrections is amended 28 by changing Section 5-5-3 as follows: 29 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 30 Sec. 5-5-3. Disposition. 31 (a) Every person convicted of an offense shall be 32 sentenced as provided in this Section. HB0596 Engrossed -16- LRB9200825ARcd 1 (b) The following options shall be appropriate 2 dispositions, alone or in combination, for all felonies and 3 misdemeanors other than those identified in subsection (c) of 4 this Section: 5 (1) A period of probation. 6 (2) A term of periodic imprisonment. 7 (3) A term of conditional discharge. 8 (4) A term of imprisonment. 9 (5) An order directing the offender to clean up and 10 repair the damage, if the offender was convicted under 11 paragraph (h) of Section 21-1 of the Criminal Code of 12 1961. 13 (6) A fine. 14 (7) An order directing the offender to make 15 restitution to the victim under Section 5-5-6 of this 16 Code. 17 (8) A sentence of participation in a county impact 18 incarceration program under Section 5-8-1.2 of this Code. 19 Whenever an individual is sentenced for an offense based 20 upon an arrest for a violation of Section 11-501 of the 21 Illinois Vehicle Code, or a similar provision of a local 22 ordinance, and the professional evaluation recommends 23 remedial or rehabilitative treatment or education, neither 24 the treatment nor the education shall be the sole disposition 25 and either or both may be imposed only in conjunction with 26 another disposition. The court shall monitor compliance with 27 any remedial education or treatment recommendations contained 28 in the professional evaluation. Programs conducting alcohol 29 or other drug evaluation or remedial education must be 30 licensed by the Department of Human Services. However, if 31 the individual is not a resident of Illinois, the court may 32 accept an alcohol or other drug evaluation or remedial 33 education program in the state of such individual's 34 residence. Programs providing treatment must be licensed HB0596 Engrossed -17- LRB9200825ARcd 1 under existing applicable alcoholism and drug treatment 2 licensure standards. 3 In addition to any other fine or penalty required by law, 4 any individual convicted of a violation of Section 11-501 of 5 the Illinois Vehicle Code or a similar provision of local 6 ordinance, whose operation of a motor vehicle while in 7 violation of Section 11-501 or such ordinance proximately 8 caused an incident resulting in an appropriate emergency 9 response, shall be required to make restitution to a public 10 agency for the costs of that emergency response. Such 11 restitution shall not exceed $500 per public agency for each 12 such emergency response. For the purpose of this paragraph, 13 emergency response shall mean any incident requiring a 14 response by: a police officer as defined under Section 1-162 15 of the Illinois Vehicle Code; a fireman carried on the rolls 16 of a regularly constituted fire department; and an ambulance 17 as defined under Section 4.05 of the Emergency Medical 18 Services (EMS) Systems Act. 19 Neither a fine nor restitution shall be the sole 20 disposition for a felony and either or both may be imposed 21 only in conjunction with another disposition. 22 (c) (1) When a defendant is found guilty of first degree 23 murder the State may either seek a sentence of 24 imprisonment under Section 5-8-1 of this Code, or where 25 appropriate seek a sentence of death under Section 9-1 of 26 the Criminal Code of 1961. 27 (2) A period of probation, a term of periodic 28 imprisonment or conditional discharge shall not be 29 imposed for the following offenses. The court shall 30 sentence the offender to not less than the minimum term 31 of imprisonment set forth in this Code for the following 32 offenses, and may order a fine or restitution or both in 33 conjunction with such term of imprisonment: 34 (A) First degree murder where the death HB0596 Engrossed -18- LRB9200825ARcd 1 penalty is not imposed. 2 (B) Attempted first degree murder. 3 (C) A Class X felony. 4 (D) A violation of Section 401.1 or 407 of the 5 Illinois Controlled Substances Act, or a violation 6 of subdivision (c)(2) of Section 401 of that Act 7 which relates to more than 5 grams of a substance 8 containing cocaine or an analog thereof. 9 (E) A violation of Section 5.1 or 9 of the 10 Cannabis Control Act. 11 (F) A Class 2 or greater felony if the 12 offender had been convicted of a Class 2 or greater 13 felony within 10 years of the date on which the 14 offender committed the offense for which he or she 15 is being sentenced, except as otherwise provided in 16 Section 40-10 of the Alcoholism and Other Drug Abuse 17 and Dependency Act. 18 (G) Residential burglary, except as otherwise 19 provided in Section 40-10 of the Alcoholism and 20 Other Drug Abuse and Dependency Act. 21 (H) Criminal sexual assault, except as 22 otherwise provided in subsection (e) of this 23 Section. 24 (I) Aggravated battery of a senior citizen. 25 (J) A forcible felony if the offense was 26 related to the activities of an organized gang. 27 Before July 1, 1994, for the purposes of this 28 paragraph, "organized gang" means an association of 29 5 or more persons, with an established hierarchy, 30 that encourages members of the association to 31 perpetrate crimes or provides support to the members 32 of the association who do commit crimes. 33 Beginning July 1, 1994, for the purposes of 34 this paragraph, "organized gang" has the meaning HB0596 Engrossed -19- LRB9200825ARcd 1 ascribed to it in Section 10 of the Illinois 2 Streetgang Terrorism Omnibus Prevention Act. 3 (K) Vehicular hijacking. 4 (L) A second or subsequent conviction for the 5 offense of hate crime when the underlying offense 6 upon which the hate crime is based is felony 7 aggravated assault or felony mob action. 8 (M) A second or subsequent conviction for the 9 offense of institutional vandalism if the damage to 10 the property exceeds $300. 11 (N) A Class 3 felony violation of paragraph 12 (1) of subsection (a) of Section 2 of the Firearm 13 Owners Identification Card Act. 14 (O) A violation of Section 12-6.1 of the 15 Criminal Code of 1961. 16 (P) A violation of paragraph (1), (2), (3), 17 (4), (5), or (7) of subsection (a) of Section 18 11-20.1 of the Criminal Code of 1961. 19 (Q) A violation of Section 20-1.2 of the 20 Criminal Code of 1961. 21 (R) A violation of Section 24-3A of the 22 Criminal Code of 1961. 23 (3) A minimum term of imprisonment of not less than 24 48 consecutive hours or 100 hours of community service as 25 may be determined by the court shall be imposed for a 26 second or subsequent violation committed within 5 years 27 of a previous violation of Section 11-501 of the Illinois 28 Vehicle Code or a similar provision of a local ordinance. 29 (4) A minimum term of imprisonment of not less than 30 7 consecutive days or 30 days of community service shall 31 be imposed for a violation of paragraph (c) of Section 32 6-303 of the Illinois Vehicle Code. 33 (4.1) A minimum term of 30 consecutive days of 34 imprisonment, 40 days of 24 hour periodic imprisonment or HB0596 Engrossed -20- LRB9200825ARcd 1 720 hours of community service, as may be determined by 2 the court, shall be imposed for a violation of Section 3 11-501 of the Illinois Vehicle Code during a period in 4 which the defendant's driving privileges are revoked or 5 suspended, where the revocation or suspension was for a 6 violation of Section 11-501 or Section 11-501.1 of that 7 Code. 8 (5) The court may sentence an offender convicted of 9 a business offense or a petty offense or a corporation or 10 unincorporated association convicted of any offense to: 11 (A) a period of conditional discharge; 12 (B) a fine; 13 (C) make restitution to the victim under 14 Section 5-5-6 of this Code. 15 (6) In no case shall an offender be eligible for a 16 disposition of probation or conditional discharge for a 17 Class 1 felony committed while he was serving a term of 18 probation or conditional discharge for a felony. 19 (7) When a defendant is adjudged a habitual 20 criminal under Article 33B of the Criminal Code of 1961, 21 the court shall sentence the defendant to a term of 22 natural life imprisonment. 23 (8) When a defendant, over the age of 21 years, is 24 convicted of a Class 1 or Class 2 felony, after having 25 twice been convicted of any Class 2 or greater Class 26 felonies in Illinois, and such charges are separately 27 brought and tried and arise out of different series of 28 acts, such defendant shall be sentenced as a Class X 29 offender. This paragraph shall not apply unless (1) the 30 first felony was committed after the effective date of 31 this amendatory Act of 1977; and (2) the second felony 32 was committed after conviction on the first; and (3) the 33 third felony was committed after conviction on the 34 second. HB0596 Engrossed -21- LRB9200825ARcd 1 (9) A defendant convicted of a second or subsequent 2 offense of ritualized abuse of a child may be sentenced 3 to a term of natural life imprisonment. 4 (d) In any case in which a sentence originally imposed 5 is vacated, the case shall be remanded to the trial court. 6 The trial court shall hold a hearing under Section 5-4-1 of 7 the Unified Code of Corrections which may include evidence of 8 the defendant's life, moral character and occupation during 9 the time since the original sentence was passed. The trial 10 court shall then impose sentence upon the defendant. The 11 trial court may impose any sentence which could have been 12 imposed at the original trial subject to Section 5-5-4 of the 13 Unified Code of Corrections. 14 (e) In cases where prosecution for criminal sexual 15 assault or aggravated criminal sexual abuse under Section 16 12-13 or 12-16 of the Criminal Code of 1961 results in 17 conviction of a defendant who was a family member of the 18 victim at the time of the commission of the offense, the 19 court shall consider the safety and welfare of the victim and 20 may impose a sentence of probation only where: 21 (1) the court finds (A) or (B) or both are 22 appropriate: 23 (A) the defendant is willing to undergo a 24 court approved counseling program for a minimum 25 duration of 2 years; or 26 (B) the defendant is willing to participate in 27 a court approved plan including but not limited to 28 the defendant's: 29 (i) removal from the household; 30 (ii) restricted contact with the victim; 31 (iii) continued financial support of the 32 family; 33 (iv) restitution for harm done to the 34 victim; and HB0596 Engrossed -22- LRB9200825ARcd 1 (v) compliance with any other measures 2 that the court may deem appropriate; and 3 (2) the court orders the defendant to pay for the 4 victim's counseling services, to the extent that the 5 court finds, after considering the defendant's income and 6 assets, that the defendant is financially capable of 7 paying for such services, if the victim was under 18 8 years of age at the time the offense was committed and 9 requires counseling as a result of the offense. 10 Probation may be revoked or modified pursuant to Section 11 5-6-4; except where the court determines at the hearing that 12 the defendant violated a condition of his or her probation 13 restricting contact with the victim or other family members 14 or commits another offense with the victim or other family 15 members, the court shall revoke the defendant's probation and 16 impose a term of imprisonment. 17 For the purposes of this Section, "family member" and 18 "victim" shall have the meanings ascribed to them in Section 19 12-12 of the Criminal Code of 1961. 20 (f) This Article shall not deprive a court in other 21 proceedings to order a forfeiture of property, to suspend or 22 cancel a license, to remove a person from office, or to 23 impose any other civil penalty. 24 (g) Whenever a defendant is convicted of an offense 25 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 26 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 27 12-15 or 12-16 of the Criminal Code of 1961, the defendant 28 shall undergo medical testing to determine whether the 29 defendant has any sexually transmissible disease, including a 30 test for infection with human immunodeficiency virus (HIV) or 31 any other identified causative agent of acquired 32 immunodeficiency syndrome (AIDS). Any such medical test 33 shall be performed only by appropriately licensed medical 34 practitioners and may include an analysis of any bodily HB0596 Engrossed -23- LRB9200825ARcd 1 fluids as well as an examination of the defendant's person. 2 Except as otherwise provided by law, the results of such test 3 shall be kept strictly confidential by all medical personnel 4 involved in the testing and must be personally delivered in a 5 sealed envelope to the judge of the court in which the 6 conviction was entered for the judge's inspection in camera. 7 Acting in accordance with the best interests of the victim 8 and the public, the judge shall have the discretion to 9 determine to whom, if anyone, the results of the testing may 10 be revealed. The court shall notify the defendant of the test 11 results. The court shall also notify the victim if requested 12 by the victim, and if the victim is under the age of 15 and 13 if requested by the victim's parents or legal guardian, the 14 court shall notify the victim's parents or legal guardian of 15 the test results. The court shall provide information on the 16 availability of HIV testing and counseling at Department of 17 Public Health facilities to all parties to whom the results 18 of the testing are revealed and shall direct the State's 19 Attorney to provide the information to the victim when 20 possible. A State's Attorney may petition the court to obtain 21 the results of any HIV test administered under this Section, 22 and the court shall grant the disclosure if the State's 23 Attorney shows it is relevant in order to prosecute a charge 24 of criminal transmission of HIV under Section 12-16.2 of the 25 Criminal Code of 1961 against the defendant. The court shall 26 order that the cost of any such test shall be paid by the 27 county and may be taxed as costs against the convicted 28 defendant. 29 (g-5) When an inmate is tested for an airborne 30 communicable disease, as determined by the Illinois 31 Department of Public Health including but not limited to 32 tuberculosis, the results of the test shall be personally 33 delivered by the warden or his or her designee in a sealed 34 envelope to the judge of the court in which the inmate must HB0596 Engrossed -24- LRB9200825ARcd 1 appear for the judge's inspection in camera if requested by 2 the judge. Acting in accordance with the best interests of 3 those in the courtroom, the judge shall have the discretion 4 to determine what if any precautions need to be taken to 5 prevent transmission of the disease in the courtroom. 6 (h) Whenever a defendant is convicted of an offense 7 under Section 1 or 2 of the Hypodermic Syringes and Needles 8 Act, the defendant shall undergo medical testing to determine 9 whether the defendant has been exposed to human 10 immunodeficiency virus (HIV) or any other identified 11 causative agent of acquired immunodeficiency syndrome (AIDS). 12 Except as otherwise provided by law, the results of such test 13 shall be kept strictly confidential by all medical personnel 14 involved in the testing and must be personally delivered in a 15 sealed envelope to the judge of the court in which the 16 conviction was entered for the judge's inspection in camera. 17 Acting in accordance with the best interests of the public, 18 the judge shall have the discretion to determine to whom, if 19 anyone, the results of the testing may be revealed. The court 20 shall notify the defendant of a positive test showing an 21 infection with the human immunodeficiency virus (HIV). The 22 court shall provide information on the availability of HIV 23 testing and counseling at Department of Public Health 24 facilities to all parties to whom the results of the testing 25 are revealed and shall direct the State's Attorney to provide 26 the information to the victim when possible. A State's 27 Attorney may petition the court to obtain the results of any 28 HIV test administered under this Section, and the court 29 shall grant the disclosure if the State's Attorney shows it 30 is relevant in order to prosecute a charge of criminal 31 transmission of HIV under Section 12-16.2 of the Criminal 32 Code of 1961 against the defendant. The court shall order 33 that the cost of any such test shall be paid by the county 34 and may be taxed as costs against the convicted defendant. HB0596 Engrossed -25- LRB9200825ARcd 1 (i) All fines and penalties imposed under this Section 2 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 3 Vehicle Code, or a similar provision of a local ordinance, 4 and any violation of the Child Passenger Protection Act, or a 5 similar provision of a local ordinance, shall be collected 6 and disbursed by the circuit clerk as provided under Section 7 27.5 of the Clerks of Courts Act. 8 (j) In cases when prosecution for any violation of 9 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 10 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12 12-16 of the Criminal Code of 1961, any violation of the 13 Illinois Controlled Substances Act, or any violation of the 14 Cannabis Control Act results in conviction, a disposition of 15 court supervision, or an order of probation granted under 16 Section 10 of the Cannabis Control Act or Section 410 of the 17 Illinois Controlled Substance Act of a defendant, the court 18 shall determine whether the defendant is employed by a 19 facility or center as defined under the Child Care Act of 20 1969, a public or private elementary or secondary school, or 21 otherwise works with children under 18 years of age on a 22 daily basis. When a defendant is so employed, the court 23 shall order the Clerk of the Court to send a copy of the 24 judgment of conviction or order of supervision or probation 25 to the defendant's employer by certified mail. If the 26 employer of the defendant is a school, the Clerk of the Court 27 shall direct the mailing of a copy of the judgment of 28 conviction or order of supervision or probation to the 29 appropriate regional superintendent of schools. The regional 30 superintendent of schools shall notify the State Board of 31 Education of any notification under this subsection. 32 (j-5) A defendant at least 17 years of age who is 33 convicted of a felony and who has not been previously 34 convicted of a misdemeanor or felony and who is sentenced to HB0596 Engrossed -26- LRB9200825ARcd 1 a term of imprisonment in the Illinois Department of 2 Corrections shall as a condition of his or her sentence be 3 required by the court to attend educational courses designed 4 to prepare the defendant for a high school diploma and to 5 work toward a high school diploma or to work toward passing 6 the high school level Test of General Educational Development 7 (GED) or to work toward completing a vocational training 8 program offered by the Department of Corrections. If a 9 defendant fails to complete the educational training required 10 by his or her sentence during the term of incarceration, the 11 Prisoner Review Board shall, as a condition of mandatory 12 supervised release, require the defendant, at his or her own 13 expense, to pursue a course of study toward a high school 14 diploma or passage of the GED test. The Prisoner Review 15 Board shall revoke the mandatory supervised release of a 16 defendant who wilfully fails to comply with this subsection 17 (j-5) upon his or her release from confinement in a penal 18 institution while serving a mandatory supervised release 19 term; however, the inability of the defendant after making a 20 good faith effort to obtain financial aid or pay for the 21 educational training shall not be deemed a wilful failure to 22 comply. The Prisoner Review Board shall recommit the 23 defendant whose mandatory supervised release term has been 24 revoked under this subsection (j-5) as provided in Section 25 3-3-9. This subsection (j-5) does not apply to a defendant 26 who has a high school diploma or has successfully passed the 27 GED test. This subsection (j-5) does not apply to a defendant 28 who is determined by the court to be developmentally disabled 29 or otherwise mentally incapable of completing the educational 30 or vocational program. 31 (k) A court may not impose a sentence or disposition for 32 a felony or misdemeanor that requires the defendant to be 33 implanted or injected with or to use any form of birth 34 control. HB0596 Engrossed -27- LRB9200825ARcd 1 (l) (A) Except as provided in paragraph (C) of 2 subsection (l), whenever a defendant, who is an alien as 3 defined by the Immigration and Nationality Act, is 4 convicted of any felony or misdemeanor offense, the court 5 after sentencing the defendant may, upon motion of the 6 State's Attorney, hold sentence in abeyance and remand 7 the defendant to the custody of the Attorney General of 8 the United States or his or her designated agent to be 9 deported when: 10 (1) a final order of deportation has been 11 issued against the defendant pursuant to proceedings 12 under the Immigration and Nationality Act, and 13 (2) the deportation of the defendant would not 14 deprecate the seriousness of the defendant's conduct 15 and would not be inconsistent with the ends of 16 justice. 17 Otherwise, the defendant shall be sentenced as 18 provided in this Chapter V. 19 (B) If the defendant has already been sentenced for 20 a felony or misdemeanor offense, or has been placed on 21 probation under Section 10 of the Cannabis Control Act or 22 Section 410 of the Illinois Controlled Substances Act, 23 the court may, upon motion of the State's Attorney to 24 suspend the sentence imposed, commit the defendant to the 25 custody of the Attorney General of the United States or 26 his or her designated agent when: 27 (1) a final order of deportation has been 28 issued against the defendant pursuant to proceedings 29 under the Immigration and Nationality Act, and 30 (2) the deportation of the defendant would not 31 deprecate the seriousness of the defendant's conduct 32 and would not be inconsistent with the ends of 33 justice. 34 (C) This subsection (l) does not apply to offenders HB0596 Engrossed -28- LRB9200825ARcd 1 who are subject to the provisions of paragraph (2) of 2 subsection (a) of Section 3-6-3. 3 (D) Upon motion of the State's Attorney, if a 4 defendant sentenced under this Section returns to the 5 jurisdiction of the United States, the defendant shall be 6 recommitted to the custody of the county from which he or 7 she was sentenced. Thereafter, the defendant shall be 8 brought before the sentencing court, which may impose any 9 sentence that was available under Section 5-5-3 at the 10 time of initial sentencing. In addition, the defendant 11 shall not be eligible for additional good conduct credit 12 for meritorious service as provided under Section 3-6-6. 13 (m) A person convicted of criminal defacement of 14 property under Section 21-1.3 of the Criminal Code of 1961, 15 in which the property damage exceeds $300 and the property 16 damaged is a school building, shall be ordered to perform 17 community service that may include cleanup, removal, or 18 painting over the defacement. 19 (n) The court may sentence a person convicted of a 20 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal 21 Code of 1961 to an impact incarceration program if the person 22 is otherwise eligible for that program under Section 5-8-1.1, 23 community service, or if the person is an addict or 24 alcoholic, as defined in the Alcoholism and Other Drug Abuse 25 and Dependency Act, to a substance or alcohol abuse program 26 licensed under that Act. 27 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 28 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 29 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 30 12-22-99; 91-695, eff. 4-13-00.) 31 Section 25. The Probate Act of 1975 is amended by adding 32 Section 2-6.6 as follows: HB0596 Engrossed -29- LRB9200825ARcd 1 (755 ILCS 5/2-6.6 new) 2 Sec. 2-6.6. Person convicted of certain offenses against 3 the elderly or disabled. A person who is convicted of a 4 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal 5 Code of 1961 may not receive any property, benefit, or other 6 interest by reason of the death of the victim of that 7 offense, whether as heir, legatee, beneficiary, joint tenant, 8 tenant by the entirety, survivor, appointee, or in any other 9 capacity and whether the property, benefit, or other interest 10 passes pursuant to any form of title registration, 11 testamentary or nontestamentary instrument, intestacy, 12 renunciation, or any other circumstance. The property, 13 benefit, or other interest shall pass as if the person 14 convicted of a violation of Section 12-19, 12-21, or 16-1.3 15 of the Criminal Code of 1961 died before the decedent; 16 provided that with respect to joint tenancy property or 17 property held in tenancy by the entirety, the interest 18 possessed prior to the death by the person convicted may not 19 be diminished by the application of this Section. 20 The holder of any property subject to the provisions of 21 this Section is not liable for distributing or releasing the 22 property to the person convicted of violating Section 12-19, 23 12-21, or 16-1.3 of the Criminal Code of 1961. 24 The Department of State Police shall have access to State 25 of Illinois databases containing information that may help in 26 the identification or location of persons convicted of the 27 offenses enumerated in this Section. Interagency agreements 28 shall be implemented, consistent with security and procedures 29 established by the State agency and consistent with the laws 30 governing the confidentiality of the information in the 31 databases. Information shall be used only for administration 32 of this Section.