093_HB0160

 
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 1        AN ACT in relation to the elderly.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 16-1.3 as follows:

 6        (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
 7        Sec. 16-1.3.  Financial exploitation of an elderly person
 8    or a person with a disability.
 9        (a)  A   person   commits   the   offense   of  financial
10    exploitation  of  an  elderly  person  or  a  person  with  a
11    disability when he or she stands in a position  of  trust  or
12    confidence  with  the  elderly  person or the a person with a
13    disability and he  or  she  knowingly  and  by  deception  or
14    intimidation  obtains  control  over  the  property of the an
15    elderly person or the a person with  a  disability  with  the
16    intent  to  permanently  deprive  the  elderly  person or the
17    person with a disability of the use, benefit,  or  possession
18    of his or her property.
19        Financial  exploitation  of an elderly person or a person
20    with a disability is a Class 4 felony if  the  value  of  the
21    property  is  $300  or less, a Class 3 felony if the value of
22    the property is more than $300 but less than $5,000, a  Class
23    2  felony  if the value of the property is $5,000 or more but
24    less than $100,000 and a Class 1 felony if the value  of  the
25    property is $100,000 or more or if the elderly person is over
26    70  years  of age and the value of the property is $15,000 or
27    more or if the elderly person is 80 years of age or older and
28    the value of the property is $5,000 or more.
29        (b)  For purposes of this Section:
30             (1)  "Elderly person" means a person 60 years of age
31        or older who is suffering from  a  disease  or  infirmity
 
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 1        that  impairs the individual's mental or physical ability
 2        to independently manage his or her property or  financial
 3        resources, or both.
 4             (2)  "Person  with  a disability" means a person who
 5        suffers from a permanent physical  or  mental  impairment
 6        resulting  from  disease,  injury, functional disorder or
 7        congenital condition that impairs the individual's mental
 8        or physical ability to independently manage  his  or  her
 9        property or financial resources, or both.
10             (3)  "Intimidation"  means  the  communication to an
11        elderly person or a person with a disability that  he  or
12        she  shall  be  deprived  of food and nutrition, shelter,
13        prescribed medication or medical care and treatment.
14             (4)  "Deception" means, in addition to  its  meaning
15        as   defined   in   Section   15-4   of   this   Code,  a
16        misrepresentation  or  concealment   of   material   fact
17        relating  to the terms of a contract or agreement entered
18        into with the elderly person or person with a  disability
19        or  to  the  existing or pre-existing condition of any of
20        the property involved in such contract or  agreement;  or
21        the  use  or  employment  of any misrepresentation, false
22        pretense or false promise in order to  induce,  encourage
23        or solicit the elderly person or person with a disability
24        to enter into a contract or agreement.
25        (c)  For  purposes  of this Section, a person stands in a
26    position of trust and confidence with an  elderly  person  or
27    person  with  a  disability  when he (1) is a parent, spouse,
28    adult child or other relative by blood  or  marriage  of  the
29    elderly  person  or  person with a disability, (2) is a joint
30    tenant or tenant in common with the elderly person or  person
31    with  a disability, (3) has a legal or fiduciary relationship
32    with the elderly person or person with a disability,  or  (4)
33    is a financial planning or investment professional.
34        (d)  Nothing  in this Section shall be construed to limit
 
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 1    the remedies available  to  the  victim  under  the  Illinois
 2    Domestic Violence Act of 1986.
 3        (e)  Nothing in this Section shall be construed to impose
 4    criminal  liability  on  a  person  who has made a good faith
 5    effort  to  assist  the  elderly  person  or  person  with  a
 6    disability in the management of  his  or  her  property,  but
 7    through no fault of his or her own has been unable to provide
 8    such assistance.
 9        (f)  It  shall not be a defense to financial exploitation
10    of an elderly person or person with  a  disability  that  the
11    accused  reasonably  believed  that  the  victim  was  not an
12    elderly person or person with a disability.
13        (g)  Civil  Liability.   A  person  who  is  charged   by
14    information  or  indictment  with  the  offense  of financial
15    exploitation of an elderly person or person with a disability
16    and who fails or refuses  to  return  the  victim's  property
17    within  60 days following a written demand from the victim or
18    the victim's legal representative  shall  be  liable  to  the
19    victim  or  to  the estate of the victim in damages of treble
20    the amount of  the  value  of  the  property  obtained,  plus
21    reasonable  attorney  fees  and  court  costs.  The burden of
22    proof that the defendant  unlawfully  obtained  the  victim's
23    property  shall  be by a preponderance of the evidence.  This
24    subsection shall be operative whether or  not  the  defendant
25    has been convicted of the offense.
26    (Source: P.A. 91-236, eff. 7-22-99; 92-808, eff. 8-21-02.)