HB0347 EnrolledLRB101 04884 LNS 49893 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 2-6.2 as follows:
 
6    (755 ILCS 5/2-6.2)
7    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
8elderly person or a person with a disability.
9    (a) In this Section:
10    "Abuse" means any offense described in Section 12-1, 12-2,
1112-3, 12-3.05, or 12-21 or subsection (b) of Section 12-4.4a of
12the Criminal Code of 1961 or the Criminal Code of 2012.
13    "Elderly person" has the meaning provided in subsection (e)
14of Section 12-4.4a of the Criminal Code of 2012.
15    "Financial exploitation" means any offense or act
16described or defined in Section 16-1.3 or 17-56 of the Criminal
17Code of 1961 or the Criminal Code of 2012, and, in the context
18of civil proceedings, the taking, use, or other
19misappropriation of the assets or resources of an elderly
20person or a person with a disability contrary to law,
21including, but not limited to, misappropriation of assets or
22resources by undue influence, breach of a fiduciary
23relationship, fraud, deception, extortion, and conversion.

 

 

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1    "Neglect" means any offense described in Section 12-19 or
2subsection (a) of Section 12-4.4a of the Criminal Code of 1961
3or the Criminal Code of 2012.
4    (b) Persons convicted of financial exploitation, abuse, or
5neglect of an elderly person or a person with a disability or
6persons who have been found by a preponderance of the evidence
7to be civilly liable for financial exploitation shall not
8receive any property, benefit, or other interest by reason of
9the death of that elderly person or person with a disability,
10whether as heir, legatee, beneficiary, survivor, appointee,
11claimant under Section 18-1.1, or in any other capacity and
12whether the property, benefit, or other interest passes
13pursuant to any form of title registration, testamentary or
14nontestamentary instrument, intestacy, renunciation, or any
15other circumstance. Except as provided in subsection (f) of
16this Section, the property, benefit, or other interest shall
17pass as if the person convicted of the financial exploitation,
18abuse, or neglect or person found civilly liable for financial
19exploitation died before the decedent, provided that with
20respect to joint tenancy property the interest possessed prior
21to the death by the person convicted of the financial
22exploitation, abuse, or neglect shall not be diminished by the
23application of this Section. Notwithstanding the foregoing, a
24person convicted of financial exploitation, abuse, or neglect
25of an elderly person or a person with a disability or a person
26who has been found by a preponderance of the evidence to be

 

 

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1civilly liable for financial exploitation shall be entitled to
2receive property, a benefit, or an interest in any capacity and
3under any circumstances described in this subsection (b) if it
4is demonstrated by clear and convincing evidence that the
5victim of that offense knew of the conviction or finding of
6civil liability and subsequent to the conviction or finding of
7civil liability expressed or ratified his or her intent to
8transfer the property, benefit, or interest to the person
9convicted of financial exploitation, abuse, or neglect of an
10elderly person or a person with a disability or the person
11found by a preponderance of the evidence to be civilly liable
12for financial exploitation in any manner contemplated by this
13subsection (b).
14    (c)(1) The holder of any property subject to the provisions
15of this Section shall not be liable for distributing or
16releasing the property to the person convicted of financial
17exploitation, abuse, or neglect of an elderly person or a
18person with a disability or the person who has been found by a
19preponderance of the evidence to be civilly liable for
20financial exploitation if the distribution or release occurs
21prior to the conviction or finding of civil liability.
22    (2) If the holder is a financial institution, trust
23company, trustee, or similar entity or person, the holder shall
24not be liable for any distribution or release of the property,
25benefit, or other interest to the person convicted of a
26violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

 

 

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1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2of 1961 or the Criminal Code of 2012 or the person who has been
3found by a preponderance of the evidence to be civilly liable
4for financial exploitation unless the holder knowingly
5distributes or releases the property, benefit, or other
6interest to the person so convicted or found civilly liable
7after first having received actual written notice of the
8conviction in sufficient time to act upon the notice.
9    (d) If the holder of any property subject to the provisions
10of this Section knows that a potential beneficiary has been
11convicted of financial exploitation, abuse, or neglect of an
12elderly person or a person with a disability or has been found
13by a preponderance of the evidence to be civilly liable for
14financial exploitation within the scope of this Section, the
15holder shall fully cooperate with law enforcement authorities
16and judicial officers in connection with any investigation of
17the financial exploitation, abuse, or neglect. If the holder is
18a person or entity that is subject to regulation by a
19regulatory agency pursuant to the laws of this or any other
20state or pursuant to the laws of the United States, including
21but not limited to the business of a financial institution,
22corporate fiduciary, or insurance company, then such person or
23entity shall not be deemed to be in violation of this Section
24to the extent that privacy laws and regulations applicable to
25such person or entity prevent it from voluntarily providing law
26enforcement authorities or judicial officers with information.

 

 

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1    (e) A civil action against a person for financial
2exploitation may be brought by an interested person, pursuant
3to this Section, after the death of the victim or during the
4lifetime of the victim if the victim is adjudicated a person
5with a disability. A guardian is under no duty to bring a civil
6action under this subsection during the ward's lifetime, but
7may do so if the guardian believes it is in the best interests
8of the ward.
9    (f) The court may, in its discretion, consider such facts
10and circumstances as it deems appropriate to allow the person
11found civilly liable for financial exploitation to receive a
12reduction in interest or benefit rather than no interest or
13benefit as stated under subsection (b) of this Section.
14(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)