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| Public Act 095-0798 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 16-1.3 as follows:
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(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
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Sec. 16-1.3. Financial exploitation of an elderly person or | ||||
a
person with a disability.
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(a) A person commits the offense of financial exploitation | ||||
of an elderly
person or a person with a disability when he or | ||||
she stands in a
position of trust
or confidence with the
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elderly person or a person with a disability
and he
or she | ||||
knowingly and by
deception or
intimidation obtains control over | ||||
the property of an elderly person or
a person
with a disability
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or illegally uses the assets or resources of an elderly person | ||||
or a
person with a disability. The illegal use of the assets or | ||||
resources of an
elderly person or a person with a disability | ||||
includes, but is not limited
to, the misappropriation of those | ||||
assets or resources by undue influence,
breach of a fiduciary | ||||
relationship, fraud, deception, extortion, or
use of the assets | ||||
or resources contrary to law.
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Financial exploitation of an elderly person or a person
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with a
disability is a Class 4
felony if the value of the | ||||
property is $300 or less, a Class 3 felony if
the value of the | ||
property is more than $300 but less than $5,000, a Class 2
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felony if the value of the property is $5,000 or more but less | ||
than
$100,000 and a Class 1 felony if the value of the property | ||
is $100,000 or more
or if the elderly person is over 70 years | ||
of age and the value of the
property is $15,000 or more or if | ||
the elderly person is 80 years of age or
older and the value of | ||
the property is $5,000 or more.
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(b) For purposes of this Section:
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(1) "Elderly person" means a person 60
years of age or | ||
older.
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(2) "Person with a disability" means a person who
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suffers from a permanent physical or mental impairment | ||
resulting from
disease, injury, functional disorder or | ||
congenital condition that impairs the
individual's mental | ||
or physical ability to independently manage his or her
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property or financial resources, or both.
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(3) "Intimidation" means the communication to an | ||
elderly person or a
person with a disability that he or she | ||
shall be deprived of food and
nutrition,
shelter, | ||
prescribed
medication or medical care and treatment.
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(4) "Deception" means, in addition to its meaning as | ||
defined in Section
15-4 of this Code,
a misrepresentation | ||
or concealment of material fact
relating to the terms of a | ||
contract or agreement entered into with the
elderly person | ||
or person with a disability or to the
existing or
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pre-existing condition of
any of the property involved in | ||
such contract or agreement; or the use or
employment of any | ||
misrepresentation, false pretense or false promise in
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order to induce, encourage or solicit the elderly person or
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person with
a disability to
enter into a contract or | ||
agreement.
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(c) For purposes of this Section, a person stands in a | ||
position of
trust and confidence with an elderly person or | ||
person with a
disability when he (1) is a
parent, spouse, adult | ||
child or other relative by blood or marriage of the
elderly | ||
person or person with a disability, (2) is a joint
tenant or
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tenant in common with
the elderly person or person with a | ||
disability, (3) has
a legal or
fiduciary relationship
with the | ||
elderly person or person with a disability, or (4) is a | ||
financial
planning or investment professional.
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(d) Nothing in this Section shall be construed to limit the | ||
remedies
available to the victim under the Illinois Domestic | ||
Violence Act of 1986.
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(e) Nothing in this Section shall be construed to impose | ||
criminal
liability on a person who has made a good faith effort | ||
to assist the
elderly person or person with a disability in the
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management of his or her
property, but through
no fault of his | ||
or her own has been unable to provide such assistance.
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(f) It shall not be a defense to financial exploitation of | ||
an elderly
person or person with a disability that the accused | ||
reasonably believed
that the victim was
not an elderly person | ||
or person with a disability.
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(g) Civil Liability. A person who is charged by information | ||
or
indictment with the offense of financial exploitation of an | ||
elderly person
or person with a disability and who fails or | ||
refuses to return
the victim's property
within 60 days | ||
following a written demand from the victim or the victim's
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legal representative shall be liable to the victim or to the | ||
estate of the
victim in damages of treble the amount of the | ||
value of the property
obtained, plus reasonable attorney fees | ||
and court costs. The burden of
proof that the defendant | ||
unlawfully obtained the victim's property shall be
by a | ||
preponderance of the evidence. This subsection shall be | ||
operative
whether or not the defendant has been convicted of | ||
the offense.
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(Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)
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