State of Illinois
91st General Assembly
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Public Act 91-0236

SB477 Enrolled                                 LRB9105679RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 16-1.3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Section 16-1.3 as follows:

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

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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