98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2749

 

Introduced 2/21/2013, by Rep. Mike Smiddy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-56  was 720 ILCS 5/16-1.3

    Amends the Criminal Code of 2012. Includes in the offense of financial exploitation of an elderly person or a person with a disability knowingly by undue influence, force, or threat of force obtaining control over the property of an elderly person or a person with a disability or illegally using the assets or resources of an elderly person or a person with a disability. Adds a definition of "undue influence". Expands the definition of "intimidation" to include a threat of physical or emotional harm to an elderly person or a person with a disability.


LRB098 08176 RLC 38272 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2749LRB098 08176 RLC 38272 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 17-56 as follows:
 
6    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
7    Sec. 17-56. Financial exploitation of an elderly person or
8a person with a disability.
9    (a) A person commits financial exploitation of an elderly
10person or a person with a disability when he or she stands in a
11position of trust or confidence with the elderly person or a
12person with a disability and he or she knowingly and by
13deception, or intimidation, undue influence, force, or threat
14of force obtains control over the property of an elderly person
15or a person with a disability or illegally uses the assets or
16resources of an elderly person or a person with a disability.
17    (b) Sentence. Financial exploitation of an elderly person
18or a person with a disability is: (1) a Class 4 felony if the
19value of the property is $300 or less, (2) a Class 3 felony if
20the value of the property is more than $300 but less than
21$5,000, (3) a Class 2 felony if the value of the property is
22$5,000 or more but less than $50,000, and (4) a Class 1 felony
23if the value of the property is $50,000 or more or if the

 

 

HB2749- 2 -LRB098 08176 RLC 38272 b

1elderly person is over 70 years of age and the value of the
2property is $15,000 or more or if the elderly person is 80
3years of age or older and the value of the property is $5,000
4or more.
5    (c) For purposes of this Section:
6        (1) "Elderly person" means a person 60 years of age or
7    older.
8        (2) "Person with a disability" means a person who
9    suffers from a physical or mental impairment resulting from
10    disease, injury, functional disorder or congenital
11    condition that impairs the individual's mental or physical
12    ability to independently manage his or her property or
13    financial resources, or both.
14        (3) "Intimidation" means a threat of physical or
15    emotional harm to an elderly person or a person with a
16    disability, or the communication to an elderly person or a
17    person with a disability that he or she shall be deprived
18    of food and nutrition, shelter, prescribed medication or
19    medical care and treatment or conduct as provided in
20    Section 12-6 of this Code.
21        (4) "Deception" means, in addition to its meaning as
22    defined in Section 15-4 of this Code, a misrepresentation
23    or concealment of material fact relating to the terms of a
24    contract or agreement entered into with the elderly person
25    or person with a disability or to the existing or
26    pre-existing condition of any of the property involved in

 

 

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1    such contract or agreement; or the use or employment of any
2    misrepresentation, false pretense or false promise in
3    order to induce, encourage or solicit the elderly person or
4    person with a disability to enter into a contract or
5    agreement.
6        (5) "Undue influence" means domination, coercion,
7    manipulation, or any other act exercised by another person
8    to the extent that an elderly person or a person with a
9    disability is prevented from exercising free judgment and
10    choice.
11    The illegal use of the assets or resources of an elderly
12person or a person with a disability includes, but is not
13limited to, the misappropriation of those assets or resources
14by undue influence, breach of a fiduciary relationship, fraud,
15deception, extortion, or use of the assets or resources
16contrary to law.
17    A person stands in a position of trust and confidence with
18an elderly person or person with a disability when he (i) is a
19parent, spouse, adult child or other relative by blood or
20marriage of the elderly person or person with a disability,
21(ii) is a joint tenant or tenant in common with the elderly
22person or person with a disability, (iii) has a legal or
23fiduciary relationship with the elderly person or person with a
24disability, (iv) is a financial planning or investment
25professional, or (v) is a paid or unpaid caregiver for the
26elderly person or person with a disability.

 

 

HB2749- 4 -LRB098 08176 RLC 38272 b

1    (d) Limitations. Nothing in this Section shall be construed
2to limit the remedies available to the victim under the
3Illinois Domestic Violence Act of 1986.
4    (e) Good faith efforts. Nothing in this Section shall be
5construed to impose criminal liability on a person who has made
6a good faith effort to assist the elderly person or person with
7a disability in the management of his or her property, but
8through no fault of his or her own has been unable to provide
9such assistance.
10    (f) Not a defense. It shall not be a defense to financial
11exploitation of an elderly person or person with a disability
12that the accused reasonably believed that the victim was not an
13elderly person or person with a disability.
14    (g) Civil Liability. A person who is charged by information
15or indictment with the offense of financial exploitation of an
16elderly person or person with a disability and who fails or
17refuses to return the victim's property within 60 days
18following a written demand from the victim or the victim's
19legal representative shall be liable to the victim or to the
20estate of the victim in damages of treble the amount of the
21value of the property obtained, plus reasonable attorney fees
22and court costs. The burden of proof that the defendant
23unlawfully obtained the victim's property shall be by a
24preponderance of the evidence. This subsection shall be
25operative whether or not the defendant has been convicted of
26the offense.

 

 

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1    (h) If a person is charged with financial exploitation of
2an elderly person or a person with a disability that involves
3the taking or loss of property valued at more than $5,000, a
4prosecuting attorney may file a petition with the circuit court
5of the county in which the defendant has been charged to freeze
6the assets of the defendant in an amount equal to but not
7greater than the alleged value of lost or stolen property in
8the defendant's pending criminal proceeding for purposes of
9restitution to the victim. The burden of proof required to
10freeze the defendant's assets shall be by a preponderance of
11the evidence.
12(Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12;
1397-865, eff. 1-1-13.)