State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB2831eng

 
HB2831 Engrossed                               LRB9105180SMdv

 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 2 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 3 4
15    felony.  However, nothing herein shall be deemed to apply  to
16    a physician licensed to practice medicine in all its branches
17    or  a  duly licensed nurse providing care within the scope of
18    his or her professional  judgment  and  within  the  accepted
19    standards of care within the community.
20        (b)  Notwithstanding the penalties in subsections (a) and
21    (c) and in addition thereto, if a licensee or owner of a long
22    term  care facility or his or her employee has caused neglect
23    of a resident, the licensee or owner is  guilty  of  a  petty
24    offense.    An   owner  or  licensee  is  guilty  under  this
25    subsection (b) only  if  the  owner  or  licensee  failed  to
26    exercise reasonable care in the hiring, training, supervising
27    or providing of staff or other related routine administrative
28    responsibilities.
29        (c)  Notwithstanding the penalties in subsections (a) and
30    (b) and in addition thereto, if a licensee or owner of a long
31    term  care  facility  or his or her employee has caused gross
 
HB2831 Engrossed            -2-                LRB9105180SMdv
 1    neglect of a resident, the licensee or owner is guilty  of  a
 2    business  offense  for  which a fine of not more than $10,000
 3    may be imposed.  An owner or licensee is  guilty  under  this
 4    subsection  (c)  only  if  the  owner  or  licensee failed to
 5    exercise reasonable care in the hiring, training, supervising
 6    or providing of staff or other related routine administrative
 7    responsibilities.
 8        (d)  For the purpose of this Section:
 9             (1)  "Abuse"  means   intentionally   or   knowingly
10        causing  any  physical or mental injury or committing any
11        sexual offense set forth in this Code.
12             (2)  "Gross neglect"  means  recklessly  failing  to
13        provide adequate medical or personal care or maintenance,
14        which failure results in physical or mental injury or the
15        deterioration of a physical or mental condition.
16             (3)  "Neglect"  means negligently failing to provide
17        adequate medical or personal care or  maintenance,  which
18        failure  results  in  physical  or  mental  injury or the
19        deterioration of a physical or mental condition.
20             (4)  "Resident" means a person residing  in  a  long
21        term care facility.
22             (5)  "Owner"  means  the person who owns a long term
23        care facility as provided under  the  Nursing  Home  Care
24        Act.
25             (6)  "Licensee"   means  the  individual  or  entity
26        licensed to operate a facility  under  the  Nursing  Home
27        Care Act.
28             (7)  "Facility" or "long term care facility" means a
29        private  home,  institution,  building, residence, or any
30        other place, whether operated for profit  or  not,  or  a
31        county  home  for the infirm and chronically ill operated
32        pursuant to Division 5-21 or 5-22 of the  Counties  Code,
33        or  any  similar  institution  operated  by  the State of
34        Illinois  or  a  political  subdivision  thereof,   which
 
HB2831 Engrossed            -3-                LRB9105180SMdv
 1        provides,  through  its ownership or management, personal
 2        care, sheltered care or nursing for 3 or more persons not
 3        related to the owner by blood or marriage. The term  also
 4        includes skilled nursing facilities and intermediate care
 5        facilities as defined in Title XVIII and Title XIX of the
 6        federal Social Security Act.
 7        (e)  Nothing contained in this Section shall be deemed to
 8    apply  to  the  medical supervision, regulation or control of
 9    the remedial care or treatment of  residents  in  a  facility
10    conducted  for  those  who  rely  upon treatment by prayer or
11    spiritual means in accordance with the creed or tenets of any
12    well recognized church or religious denomination and which is
13    licensed in accordance with Section 3-803 of the Nursing Home
14    Care Act.
15    (Source: P.A. 86-820; 86-1475.)

16        (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
17        Sec. 12-21.  Criminal neglect of an elderly  or  disabled
18    person.
19        (a)  A  person commits the offense of criminal neglect of
20    an elderly or disabled person when he is a caregiver  and  he
21    knowingly:
22             (1)  performs   acts  which  cause  the  elderly  or
23        disabled person's life to be  endangered,  health  to  be
24        injured,  or pre-existing physical or mental condition to
25        deteriorate; or
26             (2)  fails  to  perform  acts  which  he  knows   or
27        reasonably  should  know  are  necessary  to  maintain or
28        preserve the life or health of the  elderly  or  disabled
29        person  and  such  failure causes the elderly or disabled
30        person's life to be endangered, health to be  injured  or
31        pre-existing physical or mental condition to deteriorate;
32        or
33             (3)  abandons the elderly or disabled person.
 
HB2831 Engrossed            -4-                LRB9105180SMdv
 1        Criminal  neglect  of  an  elderly  person is a Class 2 3
 2    felony.
 3        (b)  For purposes of this Section:
 4             (1)  "Elderly person" means a person 60 years of age
 5        or older who is suffering from  a  disease  or  infirmity
 6        associated  with advanced age and manifested by physical,
 7        mental or emotional dysfunctioning  to  the  extent  that
 8        such  person is incapable of adequately providing for his
 9        own health and personal care.
10             (2)  "Disabled person" means a  person  who  suffers
11        from a permanent physical or mental impairment, resulting
12        from  disease,  injury, functional disorder or congenital
13        condition  which  renders  such   person   incapable   of
14        adequately  providing  for  his  own  health and personal
15        care.
16             (3)  "Caregiver" means a person who has  a  duty  to
17        provide  for  an  elderly or disabled person's health and
18        personal care,  at  such  person's  place  of  residence,
19        including   but  not  limited  to,  food  and  nutrition,
20        shelter, hygiene, prescribed medication and medical  care
21        and treatment.
22             "Caregiver" shall include:
23                  (A)  a  parent,  spouse,  adult  child or other
24             relative by blood or marriage who  resides  with  or
25             resides  in  the  same  building  with and regularly
26             visits the elderly  or  disabled  person,  knows  or
27             reasonably  should know of such person's physical or
28             mental impairment and  knows  or  reasonably  should
29             know  that  such  person  is  unable  to  adequately
30             provide for his own health and personal care;
31                  (B)  a person who is employed by the elderly or
32             disabled  person  or  by  another  to reside with or
33             regularly visit the elderly or disabled  person  and
34             provide for such person's health and personal care;
 
HB2831 Engrossed            -5-                LRB9105180SMdv
 1                  (C)  a  person who has agreed for consideration
 2             to reside with or regularly  visit  the  elderly  or
 3             disabled person and provide for such person's health
 4             and personal care; and
 5                  (D)  a  person  who  has  been  appointed  by a
 6             private or public agency or by a court of  competent
 7             jurisdiction  to provide for the elderly or disabled
 8             person's health and personal care.
 9             "Caregiver"  shall  not  include  a  long-term  care
10        facility licensed or certified  under  the  Nursing  Home
11        Care   Act   or  any  administrative,  medical  or  other
12        personnel of such a facility, or a health  care  provider
13        who  is  licensed  under the Medical Practice Act of 1987
14        and  renders  care  in  the  ordinary   course   of   his
15        profession.
16             (4)  "Abandon"  means to desert or knowingly forsake
17        an elderly or  disabled  person  under  circumstances  in
18        which  a reasonable person would continue to provide care
19        and custody.
20        (c)  Nothing in this Section shall be construed to  limit
21    the  remedies  available  to  the  victim  under the Illinois
22    Domestic Violence Act.
23        (d)  Nothing in this Section shall be construed to impose
24    criminal liability on a person who  has  made  a  good  faith
25    effort  to  provide  for  the  health and personal care of an
26    elderly or disabled person, but through no fault of  his  own
27    has been unable to provide such care.
28        (e)  Nothing  in  this  Section  shall  be  construed  as
29    prohibiting  a  person  from providing treatment by spiritual
30    means through prayer alone and care consistent  therewith  in
31    lieu  of  medical  care  and treatment in accordance with the
32    tenets and practices of any church or religious  denomination
33    of which the elderly or disabled person is a member.
34        (f)  It  shall not be a defense to criminal neglect of an
 
HB2831 Engrossed            -6-                LRB9105180SMdv
 1    elderly  or  disabled  person  that  the  accused  reasonably
 2    believed that the victim  was  not  an  elderly  or  disabled
 3    person.
 4    (Source: P.A. 90-14, eff. 7-1-97.)

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