State of Illinois
91st General Assembly
Legislation

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91_SB0870

 
                                               LRB9105679RCks

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 16-1.3 and adding Section 16-1.4.

 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 Section 16-1.3 and adding Section 16-1.4 as follows:

 7        (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
 8        Sec. 16-1.3.  Financial exploitation of an elderly person
 9     or a Disabled person with a disability.
10        (a)  A   person   commits   the   offense   of  financial
11    exploitation  of  an  elderly  person  or  a  person  with  a
12    disability when he or she stands in a  position of  trust  or
13    and  confidence  with the elderly person or a disabled person
14    with a disability and he or she knowingly and by deception or
15    intimidation obtains control over the property of an elderly
16    person or  a  person  with  a  disability  disabled  person's
17    property  with  the intent to permanently deprive the elderly
18    person or the disabled person with a disability of  the  use,
19    benefit, or possession of his or her property.
20        Financial exploitation of an elderly person or a disabled
21     person with a disability is a Class 4 felony if the value of
22    the  property  is $300 or less, a Class 3 felony if the value
23    of the property is more than $300 but  less  than  $5,000,  a
24    Class 2 felony if the value of the property is $5,000 or more
25    but  less  than $100,000 and a Class 1 felony if the value of
26    the property is $100,000 or more.
27        (b)  For purposes of this Section:
28        (1) "Elderly person" means a person 60 years  of  age  or
29    older  who  is  suffering  from  a  disease or infirmity that
30    impairs  the  individual's  mental  or  physical  ability  to
31    independently  manage  his  or  her  property  or   financial
 
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 1    resources,   or   both   associated  with  advanced  age  and
 2    manifested by physical, mental or emotional dysfunctioning to
 3    the extent that such  person  is  incapable  of  avoiding  or
 4    preventing the commission of the offense.
 5        (2)  "Disabled  Person  with a disability" means a person
 6    who suffers from a permanent physical  or  mental  impairment
 7    resulting   from  disease,  injury,  functional  disorder  or
 8    congenital condition that impairs the individual's mental  or
 9    physical  ability to independently manage his or her property
10    or financial resources, or both  which  renders  such  person
11    incapable  of  avoiding  or  preventing the commission of the
12    offense.
13        (3)  "Intimidation" means the communication to an elderly
14    person or a disabled person with a disability that he or  she
15    shall  be deprived of food and nutrition, shelter, prescribed
16    medication or medical care and treatment.
17        (4)  "Deception" means, in addition  to  its  meaning  as
18    defined  in Section 15-4 of this Code, a misrepresentation or
19    concealment of material fact  relating  to  the  terms  of  a
20    contract or agreement entered into with the elderly person or
21    disabled  person  with  a  disability  or  to the existing or
22    pre-existing condition of any of  the  property  involved  in
23    such  contract  or agreement; or the use or employment of any
24    misrepresentation, false pretense or false promise  in  order
25    to  induce,  encourage  or  solicit  the  elderly  person  or
26    disabled person with a disability to enter into a contract or
27    agreement.
28        (c)  For  purposes  of this Section, a person stands in a
29    position of trust and confidence with an  elderly  person  or
30    disabled  person  with  a disability when he (1) is a parent,
31    spouse, adult child or other relative by blood or marriage of
32    the elderly person or disabled person with a disability,  (2)
33    is a joint tenant or tenant in common with the elderly person
34      or  disabled person with a disability or (3) has a legal or
 
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 1    fiduciary relationship with the elderly  person  or  disabled
 2    person with a disability.
 3        (d)  Nothing  in this Section shall be construed to limit
 4    the remedies available  to  the  victim  under  the  Illinois
 5    Domestic Violence Act of 1986.
 6        (e)  Nothing in this Section shall be construed to impose
 7    criminal  liability  on  a  person  who has made a good faith
 8    effort to assist the elderly person or disabled person with a
 9    disability in the management of  his  or  her  property,  but
10    through no fault of his or her own has been unable to provide
11    such assistance.
12        (f)  It  shall not be a defense to financial exploitation
13    of an elderly person or disabled  person  with  a  disability
14    that  the accused reasonably believed that the victim was not
15    an elderly person or disabled person with a disability.
16        (g)  Civil  Liability.   A  person  who  is  charged   by
17    information  or  indictment  with  the  offense  of financial
18    exploitation of an elderly person or disabled person  with  a
19    disability  and  who  fails or refuses to return the victim's
20    property within 60 days following a written demand  from  the
21    victim  or  the victim's legal representative shall be liable
22    to the victim or to the estate of the victim  in  damages  of
23    treble the amount of the value of the property obtained, plus
24    reasonable  attorney  fees  and  court  costs.  The burden of
25    proof that the defendant  unlawfully  obtained  the  victim's
26    property  shall  be by a preponderance of the evidence.  This
27    subsection shall be operative whether or  not  the  defendant
28    has been convicted of the offense.
29    (Source: P.A. 86-153.)

30        (720 ILCS 5/16-1.4 new)
31        Sec. 16-1.4  Aggravated theft.
32        (a)  A  person  commits  aggravated  theft when he or she
33    violates Section 16-1 and the person from whose  control  the
 
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 1    property  is  taken  is  a physically handicapped person or a
 2    person 60 years of age or over.
 3        (B)  Sentence.
 4             (1)  Aggravated theft  of  property,  other  than  a
 5        firearm,  not  from  the person and not exceeding $300 in
 6        value is a Class 4 felony;
 7             (2)  A person who has been convicted  of  aggravated
 8        theft  of  property,  not  exceeding $300 in value, other
 9        than a firearm and not from  the  person,  who  has  been
10        convicted  of  any type of theft, robbery, armed robbery,
11        burglary, residential burglary,  possession  of  burglary
12        tools,  or  home  invasion is guilty of a Class 3 felony.
13        When  a  person  has  any  such  prior  conviction,   the
14        information or indictment charging that person must state
15        the  prior conviction so as to give notice of the State's
16        intention to treat the charge as a felony.  The  fact  of
17        the prior conviction is not an element of the offense and
18        may  not  be  disclosed  to  the jury during trial unless
19        otherwise permitted by issues raised during the trial.
20             (3)  Aggravated theft of a  firearm,  not  from  the
21        person,  regardless  of  value  is  a  Class 3 felony.  A
22        second or subsequent offense is a Class 2 felony.
23             (4)  Aggravated theft of property from  the  person,
24        not exceeding $300 in value is a Class 2 felony.
25             (5)  Aggravated  theft of property exceeding $300 in
26        value and not exceeding $10,000 is a Class 2 felony.
27             (6)  Aggravated theft of property exceeding  $10,000
28        and not exceeding $100,000 in value is a Class 1 felony.
29             (7)  Aggravated theft of property exceeding $100,000
30        in  value,  is  a Class 1 felony, for which the defendant
31        may not receive probation;
32             (8)  Aggravated theft by deception, with a theft  as
33        described  by paragraph (2) of subsection (a) of 16-1, in
34        which the offender obtained money or property  valued  at
 
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 1        $1 and not exceeding $5,000 is a Class 3 felony.

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