Illinois General Assembly

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 Bill Status of HB3529  99th General Assembly


Short Description:  CRIMCD-ELDER & PERSON W/ DISAB

House Sponsors
Rep. Tom Demmer - Jaime M. Andrade, Jr. - Patricia R. Bellock, Al Riley, Jack D. Franks, Carol Ammons, Carol Sente and Linda Chapa LaVia

Senate Sponsors
(Sen. Thomas Cullerton - Julie A. Morrison - Ira I. Silverstein, David Koehler, Don Harmon and Mattie Hunter)

Last Action
DateChamber Action
  1/10/2017HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/17-56was 720 ILCS 5/16-1.3


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that any person who assumes the responsibility of managing the financial affairs of an elderly person who is a resident of a facility licensed under the Nursing Home Care Act or person with a disability who is a resident of a facility licensed under the Nursing Home Care Act commits financial exploitation of an elderly person or person with a disability if that person misappropriates the funds of the elderly person or person with a disability and fails to pay for the facility care of the elderly person or person with a disability. Provides that evidence of misappropriating funds and failure to pay for the care of an elderly or disabled person may include proof that the facility has sent to the person who has assumed responsibility of managing the financial affairs of an elderly person or person with a disability, by certified mail with confirmation receipt requested, notification of failure to pay facility care expenses incurred by the elderly person or person with a disability.

House Committee Amendment No. 1
Adds reference to:
730 ILCS 5/5-5-6from Ch. 38, par. 1005-5-6

Amends the Unified Code of Corrections. Provides that in addition to the sentence provided for in the Criminal Code of 2012, the State's Attorney of the county that prosecuted the defendant shall request that the court order a person convicted of financial exploitation of an elderly person or a person with a disability under the new offense provision, to pay restitution to the facility where the elderly person or a person with a disability is a resident of all amounts misappropriated from the elderly person or a person with a disability that are owed to the facility to pay for the care of the elderly person or a person with a disability if the facility is licensed under the Nursing Home Care Act or the ID/DD Community Care Act.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Provides that a person also commits financial exploitation of an elderly person or a person with a disability when he or she assumes the responsibility of managing the financial affairs of an elderly person who is a resident of a facility licensed under the Nursing Home Care Act or a person with a disability who is a resident of a facility licensed under the Nursing Home Care Act and fails to pay for the facility care of the elderly person or person with a disability from the assets and income of the elderly person or person with a disability which are identified as above the allowable limits required under Department of Healthcare and Family Services rules for the purposes of meeting long term care Medicaid eligibility requirements for medical assistance. Provides that evidence of failure to pay for the facility care of an elderly person or person with a disability from the assets and income of the elderly person or person with a disability which are identified as above the allowable limits required under Department of Healthcare and Family Services rules for the purposes of meeting long term care Medicaid eligibility requirements for medical assistance, may include, but is not limited to failure to comply with notification from the Department of Healthcare and Family Services of the requirement to pay from the assets and income of the elderly person or person with a disability which are identified as above the allowable limits required under Department of Healthcare and Family Services rules for the purposes of meeting long term care Medicaid eligibility requirements for medical assistance. Amends the Unified Code of Corrections. Provides that in addition to the sentence provided for financial exploitation of an elderly person or a person with a disability, the State's Attorney of the county that prosecuted the defendant shall request that the court order a person convicted of financial exploitation of an elderly person or a person with a disability, to pay restitution to the facility where the elderly person or a person with a disability resided at the time of the financial exploitation of all amounts that are owed to the facility to pay for the care of the elderly person or a person with a disability.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Provides that the offense includes 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, including income required to be applied to the cost of care of an elderly person or person with a disability residing in a facility licensed under the Nursing Home Care Act in order to establish and maintain Medicaid eligibility for long term care supports and services as provided in the Illinois Public Aid Code. Amends the Unified Code of Corrections. Provides that in addition to the sentence provided for the offense, the State's Attorney of the county that prosecuted the defendant shall request that the court order a person convicted of financial exploitation of an elderly person or a person with a disability, who failed to pay the long term care facility licensed under the Nursing Home Care Act for care provided to the elderly person or person with a disability, to pay restitution to the facility where the elderly person or a person with a disability resided at the time of the financial exploitation of all amounts that are owed to the facility to pay for the care of the elderly person or a person with a disability. Effective immediately.

Actions 
DateChamber Action
  2/26/2015HouseFiled with the Clerk by Rep. Tom Demmer
  2/26/2015HouseFirst Reading
  2/26/2015HouseReferred to Rules Committee
  3/10/2015HouseAssigned to Judiciary - Criminal Committee
  3/12/2015HouseAdded Co-Sponsor Rep. Al Riley
  3/16/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Tom Demmer
  3/16/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/17/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/23/2015HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Tom Demmer
  3/23/2015HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/24/2015HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/24/2015HouseAdded Chief Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/24/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/24/2015HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-001-000
  3/24/2015HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/20/2015HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Tom Demmer
  4/20/2015HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/21/2015HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHouse Floor Amendment No. 3 Adopted
  4/22/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  4/23/2015HouseThird Reading - Short Debate - Passed 114-000-001
  4/23/2015HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/23/2015HouseAdded Co-Sponsor Rep. Carol Ammons
  4/23/2015HouseAdded Co-Sponsor Rep. Carol Sente
  4/23/2015HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/23/2015SenateArrive in Senate
  4/23/2015SenatePlaced on Calendar Order of First Reading
  4/23/2015SenateChief Senate Sponsor Sen. Thomas Cullerton
  4/28/2015SenateFirst Reading
  4/28/2015SenateReferred to Assignments
  5/6/2015SenateAssigned to Criminal Law
  5/6/2015SenateTo Subcommittee on CLEAR Compliance
  5/8/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Thomas Cullerton
  5/8/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/12/2015SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/14/2015SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/14/2015SenateRe-referred to Criminal Law; from Subcommittee on CLEAR Compliance
  5/14/2015SenateWaive Posting Notice
  5/14/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Julie A. Morrison
  5/15/2015SenateRule 2-10 Committee Deadline Established As May 31, 2015
  5/19/2015SenateSenate Committee Amendment No. 1 Adopted
  5/19/2015SenateDo Pass as Amended Criminal Law; 009-000-000
  5/19/2015SenatePlaced on Calendar Order of 2nd Reading May 20, 2015
  5/21/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
  5/21/2015SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/22/2015SenateRule 2-10 Third Reading Deadline Established As May 31, 2015
  10/8/2015SenateRule 2-10 Third Reading Deadline Established As October 20, 2015
  10/10/2015SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/10/2017HouseSession Sine Die

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