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91_HB2500
LRB9103835LDmb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-19 and 12-21.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-19 and 12-21 as follows:
7 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
8 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
9 Facility Resident.
10 (a) Any person or any owner or licensee of a long term
11 care facility who abuses a long term care facility resident
12 is guilty of a Class 3 felony. Any person or any owner or
13 licensee of a long term care facility who grossly neglects a
14 long term care facility resident is guilty of a Class 4
15 felony for a first conviction, a Class 3 felony for a second
16 conviction, or a Class 1 felony for a third or subsequent
17 conviction.
18 It shall be an affirmative defense to any charge brought
19 pursuant to this subsection (a) that the individual charged
20 is However, nothing herein shall be deemed to apply to a
21 physician licensed to practice medicine in all its branches
22 or a duly licensed nurse providing care within the scope of
23 his or her professional judgment and within the accepted
24 standards of care within the community.
25 (b) Notwithstanding the penalties in subsections (a) and
26 (c) and in addition thereto, if a licensee or owner of a long
27 term care facility or his or her employee has caused or
28 permitted neglect of a resident, the licensee or owner is
29 guilty of a business petty offense for which a fine over
30 $1,000 but not over $10,000 shall be imposed for a first
31 offense and a fine not less than $5,000 nor more than $50,000
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1 shall be imposed for a second or subsequent offense. An
2 owner or licensee is guilty under this subsection (b) only if
3 the owner or licensee failed to exercise reasonable care in
4 the hiring, training, supervising, or providing of staff or
5 other related routine administrative responsibilities.
6 (c) Notwithstanding the penalties in subsections (a) and
7 (b) and in addition thereto, if a licensee or owner of a long
8 term care facility or his or her employee has caused or
9 permitted gross neglect of a resident, the licensee or owner
10 is guilty of a business offense for which a fine of not less
11 more than $10,000 nor in excess of $100,000 shall may be
12 imposed. An owner or licensee is guilty under this
13 subsection (c) only if the owner or licensee failed to
14 exercise reasonable care in the hiring, training, supervising
15 or providing of staff or other related routine administrative
16 responsibilities.
17 (d) For the purpose of this Section:
18 (1) "Abuse" means intentionally or knowingly
19 causing any physical or mental injury or committing any
20 sexual offense set forth in this Code.
21 (2) "Gross neglect" means recklessly failing to
22 provide adequate medical or personal care or maintenance,
23 which failure results in physical or mental injury or the
24 deterioration of a physical or mental condition.
25 (3) "Neglect" means negligently failing to provide
26 adequate medical or personal care or maintenance, which
27 failure results in physical or mental injury or the
28 deterioration of a physical or mental condition.
29 (4) "Resident" means a person residing in a long
30 term care facility.
31 (5) "Owner" means the person who owns a long term
32 care facility as provided under the Nursing Home Care
33 Act.
34 (6) "Licensee" means the individual or entity
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1 licensed to operate a facility under the Nursing Home
2 Care Act.
3 (7) "Facility" or "long term care facility" means a
4 private home, institution, building, residence, or any
5 other place, whether operated for profit or not, or a
6 county home for the infirm and chronically ill operated
7 pursuant to Division 5-21 or 5-22 of the Counties Code,
8 or any similar institution operated by the State of
9 Illinois or a political subdivision thereof, which
10 provides, through its ownership or management, personal
11 care, sheltered care or nursing for 3 or more persons not
12 related to the owner by blood or marriage. The term also
13 includes skilled nursing facilities and intermediate care
14 facilities as defined in Title XVIII and Title XIX of the
15 federal Social Security Act.
16 (e) Nothing contained in this Section shall be deemed to
17 apply to the medical supervision, regulation or control of
18 the remedial care or treatment of residents in a facility
19 conducted for those who rely upon treatment by prayer or
20 spiritual means in accordance with the creed or tenets of any
21 well recognized church or religious denomination and which is
22 licensed in accordance with Section 3-803 of the Nursing Home
23 Care Act.
24 (Source: P.A. 86-820; 86-1475.)
25 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
26 Sec. 12-21. Criminal neglect of an elderly or disabled
27 person.
28 (a) A person commits the offense of criminal neglect of
29 an elderly or disabled person when he is a caregiver and he
30 knowingly:
31 (1) performs acts which cause the elderly or
32 disabled person's life to be endangered, health to be
33 injured, or pre-existing physical or mental condition to
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1 deteriorate; or
2 (2) fails to perform acts which he knows or
3 reasonably should know are necessary to maintain or
4 preserve the life or health of the elderly or disabled
5 person and such failure causes the elderly or disabled
6 person's life to be endangered, health to be injured or
7 pre-existing physical or mental condition to deteriorate;
8 or
9 (3) abandons the elderly or disabled person.
10 Criminal neglect of an elderly person is a Class 4 3
11 felony for a first violation, the fine for which shall not
12 exceed $100,000, and a Class 1 felony for a second or
13 subsequent violation, the fine for which shall not exceed
14 $500,000.
15 (b) For purposes of this Section:
16 (1) "Elderly person" means a person 60 years of age
17 or older who is suffering from a disease or infirmity
18 associated with advanced age and manifested by physical,
19 mental or emotional dysfunctioning to the extent that
20 such person is incapable of adequately providing for his
21 own health and personal care.
22 (2) "Disabled person" means a person who suffers
23 from a permanent physical or mental impairment, resulting
24 from disease, injury, functional disorder or congenital
25 condition which renders such person incapable of
26 adequately providing for his own health and personal
27 care.
28 (3) "Caregiver" means a person who has a duty to
29 provide for an elderly or disabled person's health and
30 personal care, at such person's place of residence,
31 including but not limited to, food and nutrition,
32 shelter, hygiene, prescribed medication and medical care
33 and treatment.
34 "Caregiver" shall include:
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1 (A) a parent, spouse, adult child or other
2 relative by blood or marriage who resides with or
3 resides in the same building with and regularly
4 visits the elderly or disabled person, knows or
5 reasonably should know of such person's physical or
6 mental impairment and knows or reasonably should
7 know that such person is unable to adequately
8 provide for his own health and personal care;
9 (B) a person who is employed by the elderly or
10 disabled person or by another to reside with or
11 regularly visit the elderly or disabled person and
12 provide for such person's health and personal care;
13 (C) a person who has agreed for consideration
14 to reside with or regularly visit the elderly or
15 disabled person and provide for such person's health
16 and personal care; and
17 (D) a person who has been appointed by a
18 private or public agency or by a court of competent
19 jurisdiction to provide for the elderly or disabled
20 person's health and personal care.
21 "Caregiver" shall not include a long-term care
22 facility licensed or certified under the Nursing Home
23 Care Act or any administrative, medical or other
24 personnel of such a facility, or a health care provider
25 who is licensed under the Medical Practice Act of 1987
26 and renders care in the ordinary course of his
27 profession.
28 (4) "Abandon" means to desert or knowingly forsake
29 an elderly or disabled person under circumstances in
30 which a reasonable person would continue to provide care
31 and custody.
32 (c) Nothing in this Section shall be construed to limit
33 the remedies available to the victim under the Illinois
34 Domestic Violence Act.
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1 (d) Nothing in this Section shall be construed to impose
2 criminal liability on a person who has made a good faith
3 effort to provide for the health and personal care of an
4 elderly or disabled person, but through no fault of his own
5 has been unable to provide such care.
6 (e) Nothing in this Section shall be construed as
7 prohibiting a person from providing treatment by spiritual
8 means through prayer alone and care consistent therewith in
9 lieu of medical care and treatment in accordance with the
10 tenets and practices of any church or religious denomination
11 of which the elderly or disabled person is a member.
12 (f) It shall not be a defense to criminal neglect of an
13 elderly or disabled person that the accused reasonably
14 believed that the victim was not an elderly or disabled
15 person.
16 (Source: P.A. 90-14, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.