Public Act 098-0833
 
SB2955 EnrolledLRB098 17134 HEP 52221 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Probate Act of 1975 is amended  by changing 
Sections 2-6.2 and 2-6.6 as follows:
 



    (755 ILCS 5/2-6.2)



    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an 
elderly person
or a person with a disability. 
    (a) In this Section:

    "Abuse" means any offense described in Section 12-21 or 
subsection (b) of Section 12-4.4a of the Criminal Code of
1961 
or the Criminal Code of 2012.

    "Financial exploitation" means any offense or act 
described or defined in Section 16-1.3 or 17-56 of the
Criminal 
Code of 1961 or the Criminal Code of 2012, and, in the context 
of civil proceedings, the taking, use, or other 
misappropriation of the assets or resources of an elderly 
person or a person with a disability contrary to law, 
including, but not limited to, misappropriation of assets or 
resources by undue influence, breach of a fiduciary 
relationship, fraud, deception, extortion, and conversion.

    "Neglect" means any offense described in Section 12-19 or 
subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 
or the Criminal Code of 2012.

    (b) Persons convicted of financial exploitation,
abuse, or 
neglect of an elderly person or a person with a disability or 
persons who have been found by a preponderance of the evidence 
to be civilly liable for financial exploitation shall not

receive
any property, benefit, or other interest by reason of 
the
death of that elderly person or person with a disability, 
whether as heir,
legatee,
beneficiary, survivor, appointee, 
claimant under Section 18-1.1, or in any other capacity
and 
whether the property, benefit, or other interest passes

pursuant to any form of title registration, testamentary or

nontestamentary instrument, intestacy, renunciation, or any

other circumstance. Except as provided in subsection (f) of 
this Section, the The property, benefit, or other
interest 
shall pass as if the person convicted of the
financial 
exploitation, abuse, or neglect or person found civilly liable 
for financial exploitation died before the
decedent, provided 
that with respect to joint tenancy
property the interest 
possessed prior to the death by the
person convicted of the 
financial exploitation, abuse, or
neglect shall not be

diminished by the application of this Section. Notwithstanding 
the
foregoing, a person convicted of financial exploitation, 
abuse, or neglect of
an elderly person or a person with a 
disability or a person who has been found by a preponderance of 
the evidence to be civilly liable for financial exploitation 
shall be entitled to receive
property, a benefit, or an

interest in any capacity and under any circumstances described 
in this
subsection (b) if it is demonstrated by clear and 
convincing evidence that the
victim of that offense knew of the 
conviction or finding of civil liability and subsequent to the

conviction or finding of civil liability expressed or ratified 
his or her intent to transfer the property,
benefit, or 
interest to the person convicted of financial exploitation, 
abuse,
or
neglect of an elderly person or a person with a 
disability or the person found by a preponderance of the 
evidence to be civilly liable for financial exploitation in any 
manner
contemplated by this subsection
(b).


    (c)(1) The holder of any property subject to the
provisions 
of this Section shall not be liable for
distributing or 
releasing the property to the person
convicted of financial 
exploitation, abuse, or neglect of
an elderly person or a 
person with a disability or the person who has been found by a 
preponderance of the evidence to be civilly liable for 
financial exploitation if the distribution or release
occurs

prior to the conviction or finding of civil liability.


    (2) If the holder is a financial institution, trust 
company, trustee, or
similar entity or person, the holder shall 
not be liable for any distribution
or
release of the property, 
benefit, or other interest to the person convicted of
a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
of 1961 or the Criminal Code of 2012 or the person who has been 
found by a preponderance of the evidence to be civilly liable 
for financial exploitation
unless the holder knowingly 
distributes or releases the property, benefit, or
other 
interest to the person so convicted or found civilly liable 
after first having received actual
written notice of the 
conviction in sufficient time to act upon the notice.

    (d) If the holder of any property subject to the
provisions 
of this Section knows that a potential beneficiary has been

convicted of financial
exploitation, abuse, or neglect of an 
elderly person or a person with a
disability or has been found 
by a preponderance of the evidence to be civilly liable for 
financial exploitation within
the scope of this Section, the 
holder shall fully cooperate
with law enforcement authorities 
and judicial officers in
connection with any investigation of 
the financial
exploitation, abuse, or neglect. If the holder is 
a person or entity that is
subject to regulation by a 
regulatory agency pursuant to the laws of this or
any other 
state or pursuant to the laws of the United States, including 
but not
limited to the business of a financial institution, 
corporate fiduciary, or
insurance company, then such person or 
entity shall not be deemed to be in
violation of this Section 
to the extent that privacy laws and regulations
applicable to 
such person or entity prevent it from voluntarily providing law

enforcement authorities or judicial officers with information.

    (e)  A civil action against a person for financial 
exploitation may be brought by an interested person, pursuant 
to this Section, after the death of the victim or during the 
lifetime of the victim if the victim is  adjudicated disabled. A 
guardian is under no duty to bring a civil action under this 
subsection during the ward's lifetime, but may do so if the 
guardian believes it is in the best interests of the ward.
    (f)  The court may, in its discretion, consider such facts 
and circumstances as it deems appropriate to allow the person 
found civilly liable for financial exploitation to receive a 
reduction in interest or benefit rather than no interest or 
benefit as stated under subsection (b) of this Section. 
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; 
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. 
1-1-13; 97-1150, eff. 1-25-13.)
 



    (755 ILCS 5/2-6.6)



    Sec. 2-6.6. Person convicted of or found civilly liable for 
certain offenses against the elderly or
a person with a 
disability disabled. 
    (a) A person who is convicted of a violation of Section 
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of 
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal 
Code of 2012 or a person who has been found by a preponderance 
of the evidence to be civilly liable for financial 
exploitation, as defined in subsection (a) of Section 2-6.2 of 
this Act, may not receive any property, benefit, or
other 
interest by reason of the death of the victim of that offense, 
whether as
heir, legatee, beneficiary, joint tenant, tenant by 
the entirety, survivor,
appointee, or in any other capacity and 
whether the property, benefit, or other
interest passes 
pursuant to any form of title registration, testamentary or

nontestamentary instrument, intestacy, renunciation, or any 
other circumstance. Except as provided in subsection (f) of 
this Section, the
 The property, benefit, or other interest 
shall pass as if the person convicted
of a violation of Section 
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of 
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal 
Code of 2012 or the person found by a preponderance of the 
evidence to be civilly liable for financial exploitation, as 
defined in subsection (a) of Section 2-6.2 of this Act,
died 
before the decedent; provided that with respect to joint 
tenancy property
or property held in tenancy by the entirety, 
the interest possessed prior to
the death by the person 
convicted or found civilly liable may not
be diminished by the 
application of this Section. Notwithstanding the
foregoing, a 
person convicted of a violation of Section 12-19, 12-21, 
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,

of the Criminal Code of 1961 or the Criminal Code of 2012 or a 
person who has been found by a preponderance of the evidence to 
be civilly liable for financial exploitation, as defined in 
subsection (a) of Section 2-6.2 of this Act, shall be entitled 
to receive property, a
benefit, or an interest in any capacity 
and under any circumstances described
in this Section if it is 
demonstrated by clear and convincing evidence that the
victim 
of that offense knew of the conviction or finding of civil 
liability and subsequent to the
conviction or finding of civil 
liability expressed or ratified his or her intent to transfer 
the property,
benefit, or interest to the person convicted of a 
violation of Section 12-19,
12-21, 16-1.3, or 17-56, or 
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
of 1961 or the Criminal Code of 2012 or the person found by a 
preponderance of the evidence to be civilly liable for 
financial exploitation, as defined in subsection (a) of Section 
2-6.2 of this Act, in any manner contemplated
by this Section.

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

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

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

    (e) A civil action against a person for financial 
exploitation, as defined in subsection (a) of Section 2-6.2 of 
this Act, may be brought by an interested person, pursuant to 
this Section, after the death of the victim or during the 
lifetime of the victim if the victim is adjudicated disabled. A 
guardian is under no duty to bring a civil action under this 
subsection during the ward's lifetime, but may do so if the 
guardian believes it is in the best interests of the ward.
    (f) The court may, in its discretion, consider such facts 
and circumstances as it deems appropriate to allow the person 
convicted or found civilly liable for financial exploitation, 
as defined in subsection (a) of Section 2-6.2 of this Act, to 
receive a reduction in interest or benefit rather than no 
interest or benefit as stated under subsection (a) of  this 
Section. 
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; 
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. 
1-1-13; 97-1150, eff. 1-25-13.)
  
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.