Senate Sponsors: PARKER-GEO-KARIS-MYERS,J-BERMAN-BOWLES, RADOGNO, SMITH AND TROTTER. House Sponsors: WOOD-COULSON-LAWFER-MYERS-JONES,JOHN Short description: ELDER ABUSE-REPORTNG-PUNISHING Synopsis of Bill as introduced: Amends the Elder Abuse and Neglect Act. Adds specific examples to the definition of abuse, includes financial exploitation as an abusive behavior, identifies certain persons as mandated reporters of abuse, neglect, or exploitation of eligible adults, and expands the Department on Aging's responsibilities to include promotion of awareness of elder abuse issues, coordination of efforts with other agencies, and other duties. Includes those not defined as eligible for services under this Act as persons, reports of abuse of whom, the Department shall respond to under this Act. Makes other changes. Amends the Code of Criminal Procedure. Creates a hearsay exception for out of court statements made by an eligible adult, as defined in the Elder Abuse and Neglect Act, regarding abuse, neglect, or exploitation in the prosecution for a number of acts perpetrated against an eligible adult. Amends the Code of Civil Procedure to create a similar hearsay exception in all civil cases. Amends the Probate Act of 1975 to exclude, in addition to the Office of State Guardian, elder abuse provider agencies from the requirement of paying guardian ad litem fees, and to exclude the Office of State Guardian and elder abuse provider agencies from the requirement of paying legal fees, when the respondent is unable to pay and the elder abuse provider agency is the petitioner. SENATE AMENDMENT NO. 1. Deletes reference to: 320 ILCS 20/4.5 new Adds reference to: 320 ILCS 20/4.1 new 320 ILCS 20/4.2 new Deletes everything and reinserts language similar to the bill as introduced. Amends the Elder Abuse and Neglect Act. Identifies certain persons as mandated reporters of abuse, neglect, or financial exploitation of eligible adults and expands the Department on Aging's responsibilities to include promotion of awareness of elder abuse issues, coordination of efforts with other agencies, and other duties. Expands coverage of the Act to include an eligible adult living in a board and care home or other community based unlicensed facility. Provides that no employee shall be discriminated against for filing a report under this Act. Requires any person filing a report or investigating a report under this Act to fully testify in any proceeding resulting from the report regardless of any communication privilege. Makes other changes. Amends the Code of Criminal Procedure. Creates a hearsay exception for out of court statements made by an eligible adult, as defined in the Elder Abuse and Neglect Act, regarding abuse, neglect, or financial exploitation in the prosecution for a number of acts perpetrated against an eligible adult. Amends the Code of Civil Procedure to create a similar hearsay exception in all civil cases. Amends the Probate Act of 1975 to exclude, in addition to the Office of State Guardian, elder abuse provider agencies from the requirement of paying guardian ad litem fees, and to exclude the Office of State Guardian and elder abuse provider agencies from the requirement of paying legal fees, when the respondent is unable to pay and the elder abuse provider agency is the petitioner. HOUSE AMENDMENT NO. 1. In the definition of "domestic living situation" changes the term "caretaker" to "caregiver". Removes the alternative reference to "reporter" in the definition of "mandated reporter". In provision requiring any person who makes a report of abuse, neglect, or financial exploitation of an eligible adult to testify in a judicial or administrative proceeding regarding the abuse, changes the person who must testify from "any person" to "any mandated reporter who makes a report (or, "who is required to report") or any person who investigates a report". In provisions exempting health care professionals from coverage of the Act because of provision or lack of provision of health care services limits exemption to licensed health care professionals. JUDICIAL NOTE, H-AM 1 No decrease or increase in the need for the number of judges. STATE MANDATES ACT FISCAL NOTE Fails to create a State mandate. FISCAL NOTE, AMENDED (Dpt. on Aging) No fiscal impact to the Dpt. on Aging. STATE MANDATES ACT FISCAL NOTE No change from previous State mandates note. STATE MANDATES ACT FISCAL NOTE, H-AM 1 No change from previous note. FISCAL NOTE, H-AM 2 (Office of Ill. Courts) No fiscal impact on the Judicial branch. JUDICIAL NOTE, H-AM 2 No change from previous judicial note. FISCAL NOTE, H-AM 2 (Dept. on Aging) No change from previous Dpt. on Aging fiscal note. STATE MANDATES ACT FISCAL NOTE, H-AM 2 No change from previous State mandates note. HOUSE AMENDMENT NO. 2. Changes the definition of eligible adult to reference a person who resides in a "domestic living situation" rather than a "domestic setting". Removes from the list of "mandated reporters" employees of a financial institution and persons acting as dealers, salespersons, or investment advisers. In provisions regarding responsibilities of the Department on Aging includes improving response by various financial systems. Last action on Bill: PUBLIC ACT.............................. 90-0628 Last action date: 98-07-23 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1 END OF INQUIRY Full Text Bill Status