LANG-MCKEON-FLOWERS-SCOTT-GILES, MENDOZA, LYONS,JOSEPH,
HOLBROOK, DAVIS,MONIQUE, FRANKS, FOWLER, FORBY,
COULSON AND BELLOCK.
ELDERLY & DISABLED-ABUSE
Synopsis of Bill as introduced:
Amends the Elder Abuse and Neglect Act. Includes bankers and
attorneys as mandated reporters of abuse, neglect, and financial
exploitation. Requires the Department on Aging to establish and
coordinate specified elder abuse training and education programs and
establish a database of caregivers convicted of certain offenses
against the elderly or disabled. Provides that mandated reporters who
fail to report abuse, neglect, and financial exploitation shall be
reported for professional discipline, and imposes criminal penalties
against other persons who are required to report under the Act but
fail to do so. Amends the Criminal Code of 1961. Changes elements of
and penalties for the offenses of abuse and neglect of a long term
care facility resident, criminal neglect of an elderly or disabled
person, and financial exploitation of an elderly or disabled person.
Amends the Code of Criminal Procedure of 1963. Permits victims of
certain offenses against the elderly to testify through an evidence
deposition rather than appear in court. Amends the Unified Code of
Corrections. Permits the court to sentence a person convicted of
certain offenses against the elderly or disabled to community service,
impact incarceration, or an alcohol or substance abuse program. Amends
the Probate Act of 1975. Provides that persons convicted of certain
offenses against the elderly or disabled may not inherit property from
a victim. Makes other changes.
FISCAL NOTE (Department on Aging)
HB 596 will initially cost the State an estimated $1,550,000:
Executive II position $ 62,500
Hearing officer position $ 62,500
Development of computer capacity for a
caregiver registry $ 125,000
Two-year follow-up costs $1,300,000
FISCAL NOTE (Department of Corrections)
HB 596 would increase the prison population by 3 inmates at a
cost of $441,500 over ten years: $335,500 in operating costs
and $106,000 in construction costs.
CORRECTIONAL NOTE (Department of Corrections)
Same as DOC fiscal note.
HOUSE AMENDMENT NO. 1.
Deletes reference to:
320 ILCS 20/2
Deletes provisions making bankers and lawyers mandated reporters
of elder abuse. Deletes a provision requiring banks and financial
institutions to send pamphlets concerning financial exploitation with
their customers' statements. Restores, in a provision concerning
civil liability for failing to return a victim's property within 60
days of the victim's request, language making only those persons who
are charged by information or indictment with financial exploitation
of an elderly person or person with a disability civilly liable.
Deletes, in a provision making a holder of property immune from
liability for distributing or releasing property to a person convicted
of elder abuse, a requirement that the distribution or release occur
before the conviction.
HOUSE AMENDMENT NO. 2.
Restores exemption from the offense of abuse and criminal neglect
of a long term care facility resident, a physician licensed to
practice medicine in all its branches or a duly licensed nurse
providing care within the scope of his or her professional judgment
and within the accepted standards of care within the community. In
the statute concerning the criminal neglect of an elderly or disabled
person, changes references from "disabled person" to "person with a
disability". In that statute, deletes from the definition of "elderly
person", that the person must be suffering from a disease or infirmity
associated with advanced age and manifested by physical, mental, or
emotional dysfunctioning. In that statute, provides that a caregiver
who is a relative need not reside with the elderly person or person
with a disability if the caregiver regularly visits the person. In
the amendatory changes to the Probate Act of 1975 that prohibit a
person convicted of certain offenses against the elderly or persons
with a disability from inheriting property from those persons,
provides that the Department of State Police has access to State of
Illinois databases for information about the location of persons
convicted of those offenses.
HOUSE AMENDMENT NO. 3.
Further amends the Elder Abuse and Neglect Act. Provides that
all mandated reporters (rather than just those who are not licensed by
the State) who fail to report suspected abuse, neglect, or financial
exploitation under the Act are guilty of a Class A misdemeanor.
Last action on Bill: SESSION SINE DIE
Last action date: JAN-07-2003
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 0
END OF INQUIRY
Full Text Bill Status