(755 ILCS 5/2-6.6)
(Text of Section from P.A. 96-1551, Article 1, Section 995)
Sec. 2-6.6.
Person convicted of certain offenses against the elderly or
disabled. A person who is convicted of a violation of Section 12-19, 12-21, or
16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 may not receive any property, benefit, or
other interest by reason of the death of the victim of that offense, whether as
heir, legatee, beneficiary, joint tenant, tenant by the entirety, survivor,
appointee, or in any other capacity and whether the property, benefit, or other
interest passes pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any other circumstance.
The property, benefit, or other interest shall pass as if the person convicted
of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961
died before the decedent; provided that with respect to joint tenancy property
or property held in tenancy by the entirety, the interest possessed prior to
the death by the person convicted may not
be diminished by the application of this Section. Notwithstanding the
foregoing, a person convicted of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961 shall be entitled to receive property, a
benefit, or an interest in any capacity and under any circumstances described
in this Section if it is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction and subsequent to the
conviction expressed or ratified his or her intent to transfer the property,
benefit, or interest to the person convicted of a violation of Section 12-19,
12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 in any manner contemplated
by this Section.
The holder of any property subject to the provisions of this Section
is not liable for distributing or releasing the property to the person
convicted of violating Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal
Code of 1961.
If the holder is a financial institution, trust company, trustee, or
similar entity or person, the holder shall not be liable for any distribution
or
release of the property, benefit, or other interest to the person convicted of
a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961
unless the holder knowingly distributes or releases the property, benefit, or
other interest to the person so convicted after first having received actual
written notice of the conviction in sufficient time to act upon the notice.
The Department of State Police shall have access to State of Illinois
databases containing information that may help in the identification or
location of persons convicted of the offenses enumerated in this Section.
Interagency agreements shall be implemented, consistent with security and
procedures established by the State agency and consistent with the laws
governing the confidentiality of the information in the databases. Information
shall be used only for administration of this Section.
(Source: P.A. 96-1551, eff. 7-1-11.) (Text of Section from P.A. 96-1551, Article 19, Section 10-155) Sec. 2-6.6.
Person convicted of certain offenses against the elderly or
disabled. A person who is convicted of a violation of Section 12-19, 12-21,
16-1.3, or 17-56 of the Criminal Code of 1961 may not receive any property, benefit, or
other interest by reason of the death of the victim of that offense, whether as
heir, legatee, beneficiary, joint tenant, tenant by the entirety, survivor,
appointee, or in any other capacity and whether the property, benefit, or other
interest passes pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any other circumstance.
The property, benefit, or other interest shall pass as if the person convicted
of a violation of Section 12-19, 12-21, 16-1.3, or 17-56 of the Criminal Code of 1961
died before the decedent; provided that with respect to joint tenancy property
or property held in tenancy by the entirety, the interest possessed prior to
the death by the person convicted may not
be diminished by the application of this Section. Notwithstanding the
foregoing, a person convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56
of the Criminal Code of 1961 shall be entitled to receive property, a
benefit, or an interest in any capacity and under any circumstances described
in this Section if it is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction and subsequent to the
conviction expressed or ratified his or her intent to transfer the property,
benefit, or interest to the person convicted of a violation of Section 12-19,
12-21, 16-1.3, or 17-56 of the Criminal Code of 1961 in any manner contemplated
by this Section.
The holder of any property subject to the provisions of this Section
is not liable for distributing or releasing the property to the person
convicted of violating Section 12-19, 12-21, 16-1.3, or 17-56 of the Criminal
Code of 1961.
If the holder is a financial institution, trust company, trustee, or
similar entity or person, the holder shall not be liable for any distribution
or
release of the property, benefit, or other interest to the person convicted of
a violation of Section 12-19, 12-21, 16-1.3, or 17-56 of the Criminal Code of 1961
unless the holder knowingly distributes or releases the property, benefit, or
other interest to the person so convicted after first having received actual
written notice of the conviction in sufficient time to act upon the notice.
The Department of State Police shall have access to State of Illinois
databases containing information that may help in the identification or
location of persons convicted of the offenses enumerated in this Section.
Interagency agreements shall be implemented, consistent with security and
procedures established by the State agency and consistent with the laws
governing the confidentiality of the information in the databases. Information
shall be used only for administration of this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)
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