Synopsis As Introduced Amends the Elder Abuse and Neglect Act. Requires the Department on Aging to establish and coordinate specified elder abuse training and education programs and to establish a database of caregivers convicted of certain offenses against the elderly or disabled. Provides that mandated reporters who fail to report abuse, neglect, or financial exploitation are guilty of a Class A misdemeanor. Amends the Criminal Code of 1961. Changes elements of and penalties for the offenses of abuse and neglect of a long term care facility resident, criminal neglect of an elderly person or person with a disability (instead of "elderly or disabled person"), and financial exploitation of an elderly person or person with a disability. Amends the Code of Criminal Procedure of 1963. Permits victims of certain offenses against the elderly to testify through an evidence deposition rather than appear in court. Amends the Unified Code of Corrections. Permits the court to sentence a person convicted of certain offenses against the elderly or disabled to community service, impact incarceration, or an alcohol or substance abuse program. Amends the Probate Act of 1975. Provides that persons convicted of certain offenses against the elderly or disabled may not inherit property from a victim. Makes other changes.
Fiscal Note (Department on Aging)
House Bill 87 will initially cost the State of Illinois an estimated $358,114 in FY 2004 and $333,114 a year thereafter.
House Committee Amendment No. 1 Provides that the Department on Aging is responsible for solicitation of financial institutions for the purpose of making information available to the general public warning of financial exploitation of the elderly and related financial fraud or abuse (instead of coordinating education and warning efforts, including an ombudsman program, with banks and financial institutions). Replaces an amendatory provision of the Elder Abuse and Neglect Act concerning the penalty for failure to make a required report. Provides that a physician who willfully fails to report shall be referred to the Illinois State Medical Disciplinary Board. Provides that a dentist or dental hygienist who willfully fails to report shall be referred to the Department of Professional Regulation. Provides that other mandated reporters who fail to report are guilty of a Class A misdemeanor. Provides that a person who criminally neglects a long term care facility resident is guilty of a Class 4 (instead of Class 3) felony. Provides that a person whose criminal neglect of a long term care facility resident results in the resident's death is guilty of a Class 3 (instead of Class 2) felony. Replaces a definition of a "gross neglect" with a definition of "criminal neglect". Provides that a person convicted of certain criminal offenses against an elderly or disabled person is entitled to receive property from the elderly or disabled person under certain circumstances.
In provisions amending the Elder Abuse and Neglect Act with respect to a review of services provided to an abused, neglected, or financially exploited senior adult, restores the provision of current law that services must be reviewed for up to one year (instead of 2 years); adds a provision that the Department on Aging may grant a waiver to extend the service care plan for up to one additional year. Removes a provision added to the Act concerning a private caregivers registry.
Fiscal Note (H-AM 1 & H-AM 2) (Department on Aging)