101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2316

 

Introduced 1/8/2020, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/1-6  from Ch. 38, par. 1-6
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/16-1  from Ch. 38, par. 16-1
720 ILCS 5/17-56  was 720 ILCS 5/16-1.3

    Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any county in which any part of the assets that the person obtained control over are held. Provides that a defense to aggravated battery of a person 60 years of age or older does not exist merely because the accused reasonably believed the victim to be than 60 years of age. Enhances the penalties for theft and theft by deception if the victim is 60 years of age or older or a person with a disability or if the offense was committed in a nursing home, an assisted living facility, or a supportive living facility. Provides that theft, theft by deception, and financial exploitation of an elderly person or a person with a disability is a Class X felony if the value of the property stolen or illegally obtained exceeds $100,000 (rather than $1,000,000).


LRB101 14906 RLC 63896 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2316LRB101 14906 RLC 63896 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 1-6, 12-3.05, 16-1, and 17-56 as follows:
 
6    (720 ILCS 5/1-6)  (from Ch. 38, par. 1-6)
7    (Text of Section before amendment by P.A. 101-394)
8    Sec. 1-6. Place of trial.
9    (a) Generally.
10    Criminal actions shall be tried in the county where the
11offense was committed, except as otherwise provided by law. The
12State is not required to prove during trial that the alleged
13offense occurred in any particular county in this State. When a
14defendant contests the place of trial under this Section, all
15proceedings regarding this issue shall be conducted under
16Section 114-1 of the Code of Criminal Procedure of 1963. All
17objections of improper place of trial are waived by a defendant
18unless made before trial.
19    (b) Assailant and Victim in Different Counties.
20    If a person committing an offense upon the person of
21another is located in one county and his victim is located in
22another county at the time of the commission of the offense,
23trial may be had in either of said counties.

 

 

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1    (c) Death and Cause of Death in Different Places or
2Undetermined.
3    If cause of death is inflicted in one county and death
4ensues in another county, the offender may be tried in either
5county. If neither the county in which the cause of death was
6inflicted nor the county in which death ensued are known before
7trial, the offender may be tried in the county where the body
8was found.
9    (d) Offense Commenced Outside the State.
10    If the commission of an offense commenced outside the State
11is consummated within this State, the offender shall be tried
12in the county where the offense is consummated.
13    (e) Offenses Committed in Bordering Navigable Waters.
14    If an offense is committed on any of the navigable waters
15bordering on this State, the offender may be tried in any
16county adjacent to such navigable water.
17    (f) Offenses Committed while in Transit.
18    If an offense is committed upon any railroad car, vehicle,
19watercraft or aircraft passing within this State, and it cannot
20readily be determined in which county the offense was
21committed, the offender may be tried in any county through
22which such railroad car, vehicle, watercraft or aircraft has
23passed.
24    (g) Theft.
25    A person who commits theft of property may be tried in any
26county in which he exerted control over such property.

 

 

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1    (h) Bigamy.
2    A person who commits the offense of bigamy may be tried in
3any county where the bigamous marriage or bigamous cohabitation
4has occurred.
5    (i) Kidnaping.
6    A person who commits the offense of kidnaping may be tried
7in any county in which his victim has traveled or has been
8confined during the course of the offense.
9    (j) Pandering.
10    A person who commits the offense of pandering as set forth
11in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
12tried in any county in which the prostitution was practiced or
13in any county in which any act in furtherance of the offense
14shall have been committed.
15    (k) Treason.
16    A person who commits the offense of treason may be tried in
17any county.
18    (l) Criminal Defamation.
19    If criminal defamation is spoken, printed or written in one
20county and is received or circulated in another or other
21counties, the offender shall be tried in the county where the
22defamation is spoken, printed or written. If the defamation is
23spoken, printed or written outside this state, or the offender
24resides outside this state, the offender may be tried in any
25county in this state in which the defamation was circulated or
26received.

 

 

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1    (m) Inchoate Offenses.
2    A person who commits an inchoate offense may be tried in
3any county in which any act which is an element of the offense,
4including the agreement in conspiracy, is committed.
5    (n) Accountability for Conduct of Another.
6    Where a person in one county solicits, aids, abets, agrees,
7or attempts to aid another in the planning or commission of an
8offense in another county, he may be tried for the offense in
9either county.
10    (o) Child Abduction.
11    A person who commits the offense of child abduction may be
12tried in any county in which his victim has traveled, been
13detained, concealed or removed to during the course of the
14offense. Notwithstanding the foregoing, unless for good cause
15shown, the preferred place of trial shall be the county of the
16residence of the lawful custodian.
17    (p) A person who commits the offense of narcotics
18racketeering may be tried in any county where cannabis or a
19controlled substance which is the basis for the charge of
20narcotics racketeering was used; acquired; transferred or
21distributed to, from or through; or any county where any act
22was performed to further the use; acquisition, transfer or
23distribution of said cannabis or controlled substance; any
24money, property, property interest, or any other asset
25generated by narcotics activities was acquired, used, sold,
26transferred or distributed to, from or through; or, any

 

 

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1enterprise interest obtained as a result of narcotics
2racketeering was acquired, used, transferred or distributed
3to, from or through, or where any activity was conducted by the
4enterprise or any conduct to further the interests of such an
5enterprise.
6    (q) A person who commits the offense of money laundering
7may be tried in any county where any part of a financial
8transaction in criminally derived property took place or in any
9county where any money or monetary instrument which is the
10basis for the offense was acquired, used, sold, transferred or
11distributed to, from or through.
12    (r) A person who commits the offense of cannabis
13trafficking or controlled substance trafficking may be tried in
14any county.
15    (s) A person who commits the offense of online sale of
16stolen property, online theft by deception, or electronic
17fencing may be tried in any county where any one or more
18elements of the offense took place, regardless of whether the
19element of the offense was the result of acts by the accused,
20the victim or by another person, and regardless of whether the
21defendant was ever physically present within the boundaries of
22the county.
23    (t) A person who commits the offense of identity theft or
24aggravated identity theft may be tried in any one of the
25following counties in which: (1) the offense occurred; (2) the
26information used to commit the offense was illegally used; or

 

 

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1(3) the victim resides.
2    If a person is charged with more than one violation of
3identity theft or aggravated identity theft and those
4violations may be tried in more than one county, any of those
5counties is a proper venue for all of the violations.
6(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
7    (Text of Section after amendment by P.A. 101-394)
8    Sec. 1-6. Place of trial.
9    (a) Generally.
10    Criminal actions shall be tried in the county where the
11offense was committed, except as otherwise provided by law. The
12State is not required to prove during trial that the alleged
13offense occurred in any particular county in this State. When a
14defendant contests the place of trial under this Section, all
15proceedings regarding this issue shall be conducted under
16Section 114-1 of the Code of Criminal Procedure of 1963. All
17objections of improper place of trial are waived by a defendant
18unless made before trial.
19    (b) Assailant and Victim in Different Counties.
20    If a person committing an offense upon the person of
21another is located in one county and his victim is located in
22another county at the time of the commission of the offense,
23trial may be had in either of said counties.
24    (c) Death and Cause of Death in Different Places or
25Undetermined.

 

 

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1    If cause of death is inflicted in one county and death
2ensues in another county, the offender may be tried in either
3county. If neither the county in which the cause of death was
4inflicted nor the county in which death ensued are known before
5trial, the offender may be tried in the county where the body
6was found.
7    (d) Offense Commenced Outside the State.
8    If the commission of an offense commenced outside the State
9is consummated within this State, the offender shall be tried
10in the county where the offense is consummated.
11    (e) Offenses Committed in Bordering Navigable Waters.
12    If an offense is committed on any of the navigable waters
13bordering on this State, the offender may be tried in any
14county adjacent to such navigable water.
15    (f) Offenses Committed while in Transit.
16    If an offense is committed upon any railroad car, vehicle,
17watercraft or aircraft passing within this State, and it cannot
18readily be determined in which county the offense was
19committed, the offender may be tried in any county through
20which such railroad car, vehicle, watercraft or aircraft has
21passed.
22    (g) Theft.
23    A person who commits theft of property may be tried in any
24county in which he exerted control over such property.
25    (h) Bigamy.
26    A person who commits the offense of bigamy may be tried in

 

 

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1any county where the bigamous marriage or bigamous cohabitation
2has occurred.
3    (i) Kidnaping.
4    A person who commits the offense of kidnaping may be tried
5in any county in which his victim has traveled or has been
6confined during the course of the offense.
7    (j) Pandering.
8    A person who commits the offense of pandering as set forth
9in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
10tried in any county in which the prostitution was practiced or
11in any county in which any act in furtherance of the offense
12shall have been committed.
13    (k) Treason.
14    A person who commits the offense of treason may be tried in
15any county.
16    (l) Criminal Defamation.
17    If criminal defamation is spoken, printed or written in one
18county and is received or circulated in another or other
19counties, the offender shall be tried in the county where the
20defamation is spoken, printed or written. If the defamation is
21spoken, printed or written outside this state, or the offender
22resides outside this state, the offender may be tried in any
23county in this state in which the defamation was circulated or
24received.
25    (m) Inchoate Offenses.
26    A person who commits an inchoate offense may be tried in

 

 

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1any county in which any act which is an element of the offense,
2including the agreement in conspiracy, is committed.
3    (n) Accountability for Conduct of Another.
4    Where a person in one county solicits, aids, abets, agrees,
5or attempts to aid another in the planning or commission of an
6offense in another county, he may be tried for the offense in
7either county.
8    (o) Child Abduction.
9    A person who commits the offense of child abduction may be
10tried in any county in which his victim has traveled, been
11detained, concealed or removed to during the course of the
12offense. Notwithstanding the foregoing, unless for good cause
13shown, the preferred place of trial shall be the county of the
14residence of the lawful custodian.
15    (p) A person who commits the offense of narcotics
16racketeering may be tried in any county where cannabis or a
17controlled substance which is the basis for the charge of
18narcotics racketeering was used; acquired; transferred or
19distributed to, from or through; or any county where any act
20was performed to further the use; acquisition, transfer or
21distribution of said cannabis or controlled substance; any
22money, property, property interest, or any other asset
23generated by narcotics activities was acquired, used, sold,
24transferred or distributed to, from or through; or, any
25enterprise interest obtained as a result of narcotics
26racketeering was acquired, used, transferred or distributed

 

 

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1to, from or through, or where any activity was conducted by the
2enterprise or any conduct to further the interests of such an
3enterprise.
4    (q) A person who commits the offense of money laundering
5may be tried in any county where any part of a financial
6transaction in criminally derived property took place or in any
7county where any money or monetary instrument which is the
8basis for the offense was acquired, used, sold, transferred or
9distributed to, from or through.
10    (r) A person who commits the offense of cannabis
11trafficking or controlled substance trafficking may be tried in
12any county.
13    (s) A person who commits the offense of online sale of
14stolen property, online theft by deception, or electronic
15fencing may be tried in any county where any one or more
16elements of the offense took place, regardless of whether the
17element of the offense was the result of acts by the accused,
18the victim or by another person, and regardless of whether the
19defendant was ever physically present within the boundaries of
20the county.
21    (t) A person who commits the offense of identity theft or
22aggravated identity theft may be tried in any one of the
23following counties in which: (1) the offense occurred; (2) the
24information used to commit the offense was illegally used; or
25(3) the victim resides.
26    (u) A person who commits the offense of financial

 

 

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1exploitation of an elderly person or a person with a disability
2may be tried in any one of the following counties in which: (1)
3any part of the offense occurred; or (2) the victim or one of
4the victims reside; or (3) any part of the assets that the
5person obtained control over are held.
6    If a person is charged with more than one violation of
7identity theft or aggravated identity theft and those
8violations may be tried in more than one county, any of those
9counties is a proper venue for all of the violations.
10(Source: P.A. 101-394, eff. 1-1-20.)
 
11    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
12    Sec. 12-3.05. Aggravated battery.
13    (a) Offense based on injury. A person commits aggravated
14battery when, in committing a battery, other than by the
15discharge of a firearm, he or she knowingly does any of the
16following:
17        (1) Causes great bodily harm or permanent disability or
18    disfigurement.
19        (2) Causes severe and permanent disability, great
20    bodily harm, or disfigurement by means of a caustic or
21    flammable substance, a poisonous gas, a deadly biological
22    or chemical contaminant or agent, a radioactive substance,
23    or a bomb or explosive compound.
24        (3) Causes great bodily harm or permanent disability or
25    disfigurement to an individual whom the person knows to be

 

 

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1    a peace officer, community policing volunteer, fireman,
2    private security officer, correctional institution
3    employee, or Department of Human Services employee
4    supervising or controlling sexually dangerous persons or
5    sexually violent persons:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (4) Causes great bodily harm or permanent disability or
12    disfigurement to an individual 60 years of age or older.
13        (5) Strangles another individual.
14    (b) Offense based on injury to a child or person with an
15intellectual disability. A person who is at least 18 years of
16age commits aggravated battery when, in committing a battery,
17he or she knowingly and without legal justification by any
18means:
19        (1) causes great bodily harm or permanent disability or
20    disfigurement to any child under the age of 13 years, or to
21    any person with a severe or profound intellectual
22    disability; or
23        (2) causes bodily harm or disability or disfigurement
24    to any child under the age of 13 years or to any person
25    with a severe or profound intellectual disability.
26    (c) Offense based on location of conduct. A person commits

 

 

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1aggravated battery when, in committing a battery, other than by
2the discharge of a firearm, he or she is or the person battered
3is on or about a public way, public property, a public place of
4accommodation or amusement, a sports venue, or a domestic
5violence shelter, or in a church, synagogue, mosque, or other
6building, structure, or place used for religious worship.
7    (d) Offense based on status of victim. A person commits
8aggravated battery when, in committing a battery, other than by
9discharge of a firearm, he or she knows the individual battered
10to be any of the following:
11        (1) A person 60 years of age or older. It is not a
12    defense to this paragraph that the person reasonably
13    believed the individual battered to be less than 60 years
14    of age.
15        (2) A person who is pregnant or has a physical
16    disability.
17        (3) A teacher or school employee upon school grounds or
18    grounds adjacent to a school or in any part of a building
19    used for school purposes.
20        (4) A peace officer, community policing volunteer,
21    fireman, private security officer, correctional
22    institution employee, or Department of Human Services
23    employee supervising or controlling sexually dangerous
24    persons or sexually violent persons:
25            (i) performing his or her official duties;
26            (ii) battered to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (5) A judge, emergency management worker, emergency
5    medical services personnel, or utility worker:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (6) An officer or employee of the State of Illinois, a
12    unit of local government, or a school district, while
13    performing his or her official duties.
14        (7) A transit employee performing his or her official
15    duties, or a transit passenger.
16        (8) A taxi driver on duty.
17        (9) A merchant who detains the person for an alleged
18    commission of retail theft under Section 16-26 of this Code
19    and the person without legal justification by any means
20    causes bodily harm to the merchant.
21        (10) A person authorized to serve process under Section
22    2-202 of the Code of Civil Procedure or a special process
23    server appointed by the circuit court while that individual
24    is in the performance of his or her duties as a process
25    server.
26        (11) A nurse while in the performance of his or her

 

 

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1    duties as a nurse.
2    (e) Offense based on use of a firearm. A person commits
3aggravated battery when, in committing a battery, he or she
4knowingly does any of the following:
5        (1) Discharges a firearm, other than a machine gun or a
6    firearm equipped with a silencer, and causes any injury to
7    another person.
8        (2) Discharges a firearm, other than a machine gun or a
9    firearm equipped with a silencer, and causes any injury to
10    a person he or she knows to be a peace officer, community
11    policing volunteer, person summoned by a police officer,
12    fireman, private security officer, correctional
13    institution employee, or emergency management worker:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (3) Discharges a firearm, other than a machine gun or a
20    firearm equipped with a silencer, and causes any injury to
21    a person he or she knows to be emergency medical services
22    personnel:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

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1        or her official duties.
2        (4) Discharges a firearm and causes any injury to a
3    person he or she knows to be a teacher, a student in a
4    school, or a school employee, and the teacher, student, or
5    employee is upon school grounds or grounds adjacent to a
6    school or in any part of a building used for school
7    purposes.
8        (5) Discharges a machine gun or a firearm equipped with
9    a silencer, and causes any injury to another person.
10        (6) Discharges a machine gun or a firearm equipped with
11    a silencer, and causes any injury to a person he or she
12    knows to be a peace officer, community policing volunteer,
13    person summoned by a police officer, fireman, private
14    security officer, correctional institution employee or
15    emergency management worker:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (7) Discharges a machine gun or a firearm equipped with
22    a silencer, and causes any injury to a person he or she
23    knows to be emergency medical services personnel:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

SB2316- 17 -LRB101 14906 RLC 63896 b

1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (8) Discharges a machine gun or a firearm equipped with
4    a silencer, and causes any injury to a person he or she
5    knows to be a teacher, or a student in a school, or a
6    school employee, and the teacher, student, or employee is
7    upon school grounds or grounds adjacent to a school or in
8    any part of a building used for school purposes.
9    (f) Offense based on use of a weapon or device. A person
10commits aggravated battery when, in committing a battery, he or
11she does any of the following:
12        (1) Uses a deadly weapon other than by discharge of a
13    firearm, or uses an air rifle as defined in Section
14    24.8-0.1 of this Code.
15        (2) Wears a hood, robe, or mask to conceal his or her
16    identity.
17        (3) Knowingly and without lawful justification shines
18    or flashes a laser gunsight or other laser device attached
19    to a firearm, or used in concert with a firearm, so that
20    the laser beam strikes upon or against the person of
21    another.
22        (4) Knowingly video or audio records the offense with
23    the intent to disseminate the recording.
24    (g) Offense based on certain conduct. A person commits
25aggravated battery when, other than by discharge of a firearm,
26he or she does any of the following:

 

 

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1        (1) Violates Section 401 of the Illinois Controlled
2    Substances Act by unlawfully delivering a controlled
3    substance to another and any user experiences great bodily
4    harm or permanent disability as a result of the injection,
5    inhalation, or ingestion of any amount of the controlled
6    substance.
7        (2) Knowingly administers to an individual or causes
8    him or her to take, without his or her consent or by threat
9    or deception, and for other than medical purposes, any
10    intoxicating, poisonous, stupefying, narcotic, anesthetic,
11    or controlled substance, or gives to another person any
12    food containing any substance or object intended to cause
13    physical injury if eaten.
14        (3) Knowingly causes or attempts to cause a
15    correctional institution employee or Department of Human
16    Services employee to come into contact with blood, seminal
17    fluid, urine, or feces by throwing, tossing, or expelling
18    the fluid or material, and the person is an inmate of a
19    penal institution or is a sexually dangerous person or
20    sexually violent person in the custody of the Department of
21    Human Services.
22    (h) Sentence. Unless otherwise provided, aggravated
23battery is a Class 3 felony.
24    Aggravated battery as defined in subdivision (a)(4),
25(d)(4), or (g)(3) is a Class 2 felony.
26    Aggravated battery as defined in subdivision (a)(3) or

 

 

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1(g)(1) is a Class 1 felony.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 1 felony when the aggravated battery was intentional and
4involved the infliction of torture, as defined in paragraph
5(14) of subsection (b) of Section 9-1 of this Code, as the
6infliction of or subjection to extreme physical pain, motivated
7by an intent to increase or prolong the pain, suffering, or
8agony of the victim.
9    Aggravated battery as defined in subdivision (a)(1) is a
10Class 2 felony when the person causes great bodily harm or
11permanent disability to an individual whom the person knows to
12be a member of a congregation engaged in prayer or other
13religious activities at a church, synagogue, mosque, or other
14building, structure, or place used for religious worship.
15    Aggravated battery under subdivision (a)(5) is a Class 1
16felony if:
17        (A) the person used or attempted to use a dangerous
18    instrument while committing the offense; or
19        (B) the person caused great bodily harm or permanent
20    disability or disfigurement to the other person while
21    committing the offense; or
22        (C) the person has been previously convicted of a
23    violation of subdivision (a)(5) under the laws of this
24    State or laws similar to subdivision (a)(5) of any other
25    state.
26    Aggravated battery as defined in subdivision (e)(1) is a

 

 

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1Class X felony.
2    Aggravated battery as defined in subdivision (a)(2) is a
3Class X felony for which a person shall be sentenced to a term
4of imprisonment of a minimum of 6 years and a maximum of 45
5years.
6    Aggravated battery as defined in subdivision (e)(5) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 12 years and a maximum of 45
9years.
10    Aggravated battery as defined in subdivision (e)(2),
11(e)(3), or (e)(4) is a Class X felony for which a person shall
12be sentenced to a term of imprisonment of a minimum of 15 years
13and a maximum of 60 years.
14    Aggravated battery as defined in subdivision (e)(6),
15(e)(7), or (e)(8) is a Class X felony for which a person shall
16be sentenced to a term of imprisonment of a minimum of 20 years
17and a maximum of 60 years.
18    Aggravated battery as defined in subdivision (b)(1) is a
19Class X felony, except that:
20        (1) if the person committed the offense while armed
21    with a firearm, 15 years shall be added to the term of
22    imprisonment imposed by the court;
23        (2) if, during the commission of the offense, the
24    person personally discharged a firearm, 20 years shall be
25    added to the term of imprisonment imposed by the court;
26        (3) if, during the commission of the offense, the

 

 

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1    person personally discharged a firearm that proximately
2    caused great bodily harm, permanent disability, permanent
3    disfigurement, or death to another person, 25 years or up
4    to a term of natural life shall be added to the term of
5    imprisonment imposed by the court.
6    (i) Definitions. In this Section:
7    "Building or other structure used to provide shelter" has
8the meaning ascribed to "shelter" in Section 1 of the Domestic
9Violence Shelters Act.
10    "Domestic violence" has the meaning ascribed to it in
11Section 103 of the Illinois Domestic Violence Act of 1986.
12    "Domestic violence shelter" means any building or other
13structure used to provide shelter or other services to victims
14or to the dependent children of victims of domestic violence
15pursuant to the Illinois Domestic Violence Act of 1986 or the
16Domestic Violence Shelters Act, or any place within 500 feet of
17such a building or other structure in the case of a person who
18is going to or from such a building or other structure.
19    "Firearm" has the meaning provided under Section 1.1 of the
20Firearm Owners Identification Card Act, and does not include an
21air rifle as defined by Section 24.8-0.1 of this Code.
22    "Machine gun" has the meaning ascribed to it in Section
2324-1 of this Code.
24    "Merchant" has the meaning ascribed to it in Section 16-0.1
25of this Code.
26    "Strangle" means intentionally impeding the normal

 

 

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1breathing or circulation of the blood of an individual by
2applying pressure on the throat or neck of that individual or
3by blocking the nose or mouth of that individual.
4(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 
5    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
6    (Text of Section before amendment by P.A. 101-394)
7    Sec. 16-1. Theft.
8    (a) A person commits theft when he or she knowingly:
9        (1) Obtains or exerts unauthorized control over
10    property of the owner; or
11        (2) Obtains by deception control over property of the
12    owner; or
13        (3) Obtains by threat control over property of the
14    owner; or
15        (4) Obtains control over stolen property knowing the
16    property to have been stolen or under such circumstances as
17    would reasonably induce him or her to believe that the
18    property was stolen; or
19        (5) Obtains or exerts control over property in the
20    custody of any law enforcement agency which any law
21    enforcement officer or any individual acting in behalf of a
22    law enforcement agency explicitly represents to the person
23    as being stolen or represents to the person such
24    circumstances as would reasonably induce the person to
25    believe that the property was stolen, and

 

 

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1            (A) Intends to deprive the owner permanently of the
2        use or benefit of the property; or
3            (B) Knowingly uses, conceals or abandons the
4        property in such manner as to deprive the owner
5        permanently of such use or benefit; or
6            (C) Uses, conceals, or abandons the property
7        knowing such use, concealment or abandonment probably
8        will deprive the owner permanently of such use or
9        benefit.
10    (b) Sentence.
11        (1) Theft of property not from the person and not
12    exceeding $500 in value is a Class A misdemeanor.
13        (1.1) Theft of property not from the person and not
14    exceeding $500 in value is a Class 4 felony if the theft
15    was committed in a school or place of worship or if the
16    theft was of governmental property.
17        (2) A person who has been convicted of theft of
18    property not from the person and not exceeding $500 in
19    value who has been previously convicted of any type of
20    theft, robbery, armed robbery, burglary, residential
21    burglary, possession of burglary tools, home invasion,
22    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
23    4-103.3 of the Illinois Vehicle Code relating to the
24    possession of a stolen or converted motor vehicle, or a
25    violation of Section 17-36 of the Criminal Code of 1961 or
26    the Criminal Code of 2012, or Section 8 of the Illinois

 

 

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1    Credit Card and Debit Card Act is guilty of a Class 4
2    felony.
3        (3) (Blank).
4        (4) Theft of property from the person not exceeding
5    $500 in value, or theft of property exceeding $500 and not
6    exceeding $10,000 in value, is a Class 3 felony.
7        (4.1) Theft of property from the person not exceeding
8    $500 in value, or theft of property exceeding $500 and not
9    exceeding $10,000 in value, is a Class 2 felony if the
10    theft was committed in a school or place of worship or if
11    the theft was of governmental property.
12        (5) Theft of property exceeding $10,000 and not
13    exceeding $100,000 in value is a Class 2 felony.
14        (5.1) Theft of property exceeding $10,000 and not
15    exceeding $100,000 in value is a Class 1 felony if the
16    theft was committed in a school or place of worship or if
17    the theft was of governmental property.
18        (6) Theft of property exceeding $100,000 and not
19    exceeding $500,000 in value is a Class 1 felony.
20        (6.1) Theft of property exceeding $100,000 in value is
21    a Class X felony if the theft was committed in a school or
22    place of worship or if the theft was of governmental
23    property.
24        (6.2) Theft of property exceeding $500,000 and not
25    exceeding $1,000,000 in value is a Class 1
26    non-probationable felony.

 

 

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1        (6.3) Theft of property exceeding $1,000,000 in value
2    is a Class X felony.
3        (7) Theft by deception, as described by paragraph (2)
4    of subsection (a) of this Section, in which the offender
5    obtained money or property valued at $5,000 or more from a
6    victim 60 years of age or older is a Class 2 felony.
7        (8) Theft by deception, as described by paragraph (2)
8    of subsection (a) of this Section, in which the offender
9    falsely poses as a landlord or agent or employee of the
10    landlord and obtains a rent payment or a security deposit
11    from a tenant is a Class 3 felony if the rent payment or
12    security deposit obtained does not exceed $500.
13        (9) Theft by deception, as described by paragraph (2)
14    of subsection (a) of this Section, in which the offender
15    falsely poses as a landlord or agent or employee of the
16    landlord and obtains a rent payment or a security deposit
17    from a tenant is a Class 2 felony if the rent payment or
18    security deposit obtained exceeds $500 and does not exceed
19    $10,000.
20        (10) Theft by deception, as described by paragraph (2)
21    of subsection (a) of this Section, in which the offender
22    falsely poses as a landlord or agent or employee of the
23    landlord and obtains a rent payment or a security deposit
24    from a tenant is a Class 1 felony if the rent payment or
25    security deposit obtained exceeds $10,000 and does not
26    exceed $100,000.

 

 

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1        (11) Theft by deception, as described by paragraph (2)
2    of subsection (a) of this Section, in which the offender
3    falsely poses as a landlord or agent or employee of the
4    landlord and obtains a rent payment or a security deposit
5    from a tenant is a Class X felony if the rent payment or
6    security deposit obtained exceeds $100,000.
7    (c) When a charge of theft of property exceeding a
8specified value is brought, the value of the property involved
9is an element of the offense to be resolved by the trier of
10fact as either exceeding or not exceeding the specified value.
11    (d) Theft by lessee; permissive inference. The trier of
12fact may infer evidence that a person intends to deprive the
13owner permanently of the use or benefit of the property (1) if
14a lessee of the personal property of another fails to return it
15to the owner within 10 days after written demand from the owner
16for its return or (2) if a lessee of the personal property of
17another fails to return it to the owner within 24 hours after
18written demand from the owner for its return and the lessee had
19presented identification to the owner that contained a
20materially fictitious name, address, or telephone number. A
21notice in writing, given after the expiration of the leasing
22agreement, addressed and mailed, by registered mail, to the
23lessee at the address given by him and shown on the leasing
24agreement shall constitute proper demand.
25    (e) Permissive inference; evidence of intent that a person
26obtains by deception control over property. The trier of fact

 

 

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1may infer that a person "knowingly obtains by deception control
2over property of the owner" when he or she fails to return,
3within 45 days after written demand from the owner, the
4downpayment and any additional payments accepted under a
5promise, oral or in writing, to perform services for the owner
6for consideration of $3,000 or more, and the promisor knowingly
7without good cause failed to substantially perform pursuant to
8the agreement after taking a down payment of 10% or more of the
9agreed upon consideration. This provision shall not apply where
10the owner initiated the suspension of performance under the
11agreement, or where the promisor responds to the notice within
12the 45-day notice period. A notice in writing, addressed and
13mailed, by registered mail, to the promisor at the last known
14address of the promisor, shall constitute proper demand.
15    (f) Offender's interest in the property.
16        (1) It is no defense to a charge of theft of property
17    that the offender has an interest therein, when the owner
18    also has an interest to which the offender is not entitled.
19        (2) Where the property involved is that of the
20    offender's spouse, no prosecution for theft may be
21    maintained unless the parties were not living together as
22    man and wife and were living in separate abodes at the time
23    of the alleged theft.
24(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
2596-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
261-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,

 

 

SB2316- 28 -LRB101 14906 RLC 63896 b

1eff. 1-25-13.)
 
2    (Text of Section after amendment by P.A. 101-394)
3    Sec. 16-1. Theft.
4    (a) A person commits theft when he or she knowingly:
5        (1) Obtains or exerts unauthorized control over
6    property of the owner; or
7        (2) Obtains by deception control over property of the
8    owner; or
9        (3) Obtains by threat control over property of the
10    owner; or
11        (4) Obtains control over stolen property knowing the
12    property to have been stolen or under such circumstances as
13    would reasonably induce him or her to believe that the
14    property was stolen; or
15        (5) Obtains or exerts control over property in the
16    custody of any law enforcement agency which any law
17    enforcement officer or any individual acting in behalf of a
18    law enforcement agency explicitly represents to the person
19    as being stolen or represents to the person such
20    circumstances as would reasonably induce the person to
21    believe that the property was stolen, and
22            (A) Intends to deprive the owner permanently of the
23        use or benefit of the property; or
24            (B) Knowingly uses, conceals or abandons the
25        property in such manner as to deprive the owner

 

 

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1        permanently of such use or benefit; or
2            (C) Uses, conceals, or abandons the property
3        knowing such use, concealment or abandonment probably
4        will deprive the owner permanently of such use or
5        benefit.
6    (b) Sentence.
7        (1) Theft of property not from the person and not
8    exceeding $500 in value is a Class A misdemeanor.
9        (1.1) Theft of property not from the person and not
10    exceeding $500 in value is a Class 4 felony if the theft
11    was committed in a school, or place of worship, nursing
12    home, an assisted living facility, or a supportive living
13    facility or if the theft was of governmental property.
14        (2) A person who has been convicted of theft of
15    property not from the person and not exceeding $500 in
16    value who has been previously convicted of any type of
17    theft, robbery, armed robbery, burglary, residential
18    burglary, possession of burglary tools, home invasion,
19    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
20    4-103.3 of the Illinois Vehicle Code relating to the
21    possession of a stolen or converted motor vehicle, or a
22    violation of Section 17-36 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, or Section 8 of the Illinois
24    Credit Card and Debit Card Act is guilty of a Class 4
25    felony.
26        (3) (Blank).

 

 

SB2316- 30 -LRB101 14906 RLC 63896 b

1        (4) Theft of property from the person not exceeding
2    $500 in value, or theft of property exceeding $500 and not
3    exceeding $10,000 in value, is a Class 3 felony.
4        (4.1) Theft of property from the person not exceeding
5    $500 in value, or theft of property exceeding $500 and not
6    exceeding $10,000 in value, is a Class 2 felony if the
7    theft was committed in a school, or place of worship,
8    nursing home, an assisted living facility, or a supportive
9    living facility or if the theft was of governmental
10    property.
11        (5) Theft of property exceeding $10,000 and not
12    exceeding $100,000 in value is a Class 2 felony.
13        (5.1) Theft of property exceeding $10,000 and not
14    exceeding $100,000 in value is a Class 1 felony if the
15    theft was committed in a school, or place of worship,
16    nursing home, an assisted living facility, or a supportive
17    living facility or if the theft was of governmental
18    property.
19        (6) Theft of property exceeding $100,000 and not
20    exceeding $500,000 in value is a Class 1 felony.
21        (6.1) Theft of property exceeding $100,000 in value is
22    a Class X felony if the theft was committed in a school or
23    place of worship, nursing home, an assisted living
24    facility, or a supportive living facility or if the theft
25    was of governmental property.
26        (6.2) Theft of property exceeding $500,000 and not

 

 

SB2316- 31 -LRB101 14906 RLC 63896 b

1    exceeding $1,000,000 in value is a Class 1
2    non-probationable felony.
3        (6.3) Theft of property exceeding $1,000,000 in value
4    is a Class X felony.
5        (7) Theft by deception, as described by paragraph (2)
6    of subsection (a) of this Section, from a victim aged at
7    least 60 years but not exceeding 69 years or a person with
8    a disability in which the offender obtained money or
9    property with the following values:
10            (A) not exceeding $300 is a Class 4 felony;
11            (B) exceeding $300 but not exceeding $5,000 is a
12        Class 3 felony;
13            (C) exceeding $5,000 but not exceeding $50,000 is a
14        Class 2 felony;
15            (D) exceeding $50,000 but not exceeding $100,000
16        is a Class 1 felony; and
17            (E) exceeding $100,000 is a Class X felony. valued
18        at $5,000 or more from a victim 60 years of age or
19        older or a person with a disability is a Class 2
20        felony.
21        (7.1) Theft by deception, as described by paragraph (2)
22    of subsection (a) of this Section, from a victim aged at
23    least 70 years but not exceeding 79 years in which the
24    offender obtained money or property with the following
25    values:
26            (A) not exceeding $300 is a Class 4 felony;

 

 

SB2316- 32 -LRB101 14906 RLC 63896 b

1            (B) exceeding $300 but not exceeding $5,000 is a
2        Class 3 felony;
3            (C) exceeding $5,000 but not exceeding $15,000 is a
4        Class 2 felony;
5            (D) exceeding $15,000 but not exceeding $100,000
6        is a Class 1 felony; and
7            (E) exceeding $100,000 is a Class X felony.
8        (7.2) Theft by deception, as described by paragraph (2)
9    of subsection (a) of this Section, from a victim aged at
10    least 80 years in which the offender obtained money or
11    property with the following values:
12            (A) not exceeding $300 is a Class 4 felony;
13            (B) exceeding $300 but not exceeding $5,000 is a
14        Class 3 felony;
15            (C) exceeding $5,000 but not exceeding $100,000 is
16        a Class 1 felony; and
17            (D) exceeding $100,000 is a Class X felony.
18        (8) Theft by deception, as described by paragraph (2)
19    of subsection (a) of this Section, in which the offender
20    falsely poses as a landlord or agent or employee of the
21    landlord and obtains a rent payment or a security deposit
22    from a tenant is a Class 3 felony if the rent payment or
23    security deposit obtained does not exceed $500.
24        (9) Theft by deception, as described by paragraph (2)
25    of subsection (a) of this Section, in which the offender
26    falsely poses as a landlord or agent or employee of the

 

 

SB2316- 33 -LRB101 14906 RLC 63896 b

1    landlord and obtains a rent payment or a security deposit
2    from a tenant is a Class 2 felony if the rent payment or
3    security deposit obtained exceeds $500 and does not exceed
4    $10,000.
5        (10) Theft by deception, as described by paragraph (2)
6    of subsection (a) of this Section, in which the offender
7    falsely poses as a landlord or agent or employee of the
8    landlord and obtains a rent payment or a security deposit
9    from a tenant is a Class 1 felony if the rent payment or
10    security deposit obtained exceeds $10,000 and does not
11    exceed $100,000.
12        (11) Theft by deception, as described by paragraph (2)
13    of subsection (a) of this Section, in which the offender
14    falsely poses as a landlord or agent or employee of the
15    landlord and obtains a rent payment or a security deposit
16    from a tenant is a Class X felony if the rent payment or
17    security deposit obtained exceeds $100,000.
18    (c) When a charge of theft of property exceeding a
19specified value is brought, the value of the property involved
20is an element of the offense to be resolved by the trier of
21fact as either exceeding or not exceeding the specified value.
22    (d) Theft by lessee; permissive inference. The trier of
23fact may infer evidence that a person intends to deprive the
24owner permanently of the use or benefit of the property (1) if
25a lessee of the personal property of another fails to return it
26to the owner within 10 days after written demand from the owner

 

 

SB2316- 34 -LRB101 14906 RLC 63896 b

1for its return or (2) if a lessee of the personal property of
2another fails to return it to the owner within 24 hours after
3written demand from the owner for its return and the lessee had
4presented identification to the owner that contained a
5materially fictitious name, address, or telephone number. A
6notice in writing, given after the expiration of the leasing
7agreement, addressed and mailed, by registered mail, to the
8lessee at the address given by him and shown on the leasing
9agreement shall constitute proper demand.
10    (e) Permissive inference; evidence of intent that a person
11obtains by deception control over property. The trier of fact
12may infer that a person "knowingly obtains by deception control
13over property of the owner" when he or she fails to return,
14within 45 days after written demand from the owner, the
15downpayment and any additional payments accepted under a
16promise, oral or in writing, to perform services for the owner
17for consideration of $3,000 or more, and the promisor knowingly
18without good cause failed to substantially perform pursuant to
19the agreement after taking a down payment of 10% or more of the
20agreed upon consideration. This provision shall not apply where
21the owner initiated the suspension of performance under the
22agreement, or where the promisor responds to the notice within
23the 45-day notice period. A notice in writing, addressed and
24mailed, by registered mail, to the promisor at the last known
25address of the promisor, shall constitute proper demand.
26    (f) Offender's interest in the property.

 

 

SB2316- 35 -LRB101 14906 RLC 63896 b

1        (1) It is no defense to a charge of theft of property
2    that the offender has an interest therein, when the owner
3    also has an interest to which the offender is not entitled.
4        (2) Where the property involved is that of the
5    offender's spouse, no prosecution for theft may be
6    maintained unless the parties were not living together as
7    man and wife and were living in separate abodes at the time
8    of the alleged theft.
9(Source: P.A. 101-394, eff. 1-1-20.)
 
10    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
11    (Text of Section before amendment by P.A. 101-394)
12    Sec. 17-56. Financial exploitation of an elderly person or
13a person with a disability.
14    (a) A person commits financial exploitation of an elderly
15person or a person with a disability when he or she stands in a
16position of trust or confidence with the elderly person or a
17person with a disability and he or she knowingly and by
18deception or intimidation obtains control over the property of
19an elderly person or a person with a disability or illegally
20uses the assets or resources of an elderly person or a person
21with a disability.
22    (b) Sentence. Financial exploitation of an elderly person
23or a person with a disability is: (1) a Class 4 felony if the
24value of the property is $300 or less, (2) a Class 3 felony if
25the value of the property is more than $300 but less than

 

 

SB2316- 36 -LRB101 14906 RLC 63896 b

1$5,000, (3) a Class 2 felony if the value of the property is
2$5,000 or more but less than $50,000, and (4) a Class 1 felony
3if the value of the property is $50,000 or more or if the
4elderly person is over 70 years of age and the value of the
5property is $15,000 or more or if the elderly person is 80
6years of age or older and the value of the property is $5,000
7or more.
8    (c) For purposes of this Section:
9        (1) "Elderly person" means a person 60 years of age or
10    older.
11        (2) "Person with a disability" means a person who
12    suffers from a physical or mental impairment resulting from
13    disease, injury, functional disorder or congenital
14    condition that impairs the individual's mental or physical
15    ability to independently manage his or her property or
16    financial resources, or both.
17        (3) "Intimidation" means the communication to an
18    elderly person or a person with a disability that he or she
19    shall be deprived of food and nutrition, shelter,
20    prescribed medication or medical care and treatment or
21    conduct as provided in Section 12-6 of this Code.
22        (4) "Deception" means, in addition to its meaning as
23    defined in Section 15-4 of this Code, a misrepresentation
24    or concealment of material fact relating to the terms of a
25    contract or agreement entered into with the elderly person
26    or person with a disability or to the existing or

 

 

SB2316- 37 -LRB101 14906 RLC 63896 b

1    pre-existing condition of any of the property involved in
2    such contract or agreement; or the use or employment of any
3    misrepresentation, false pretense or false promise in
4    order to induce, encourage or solicit the elderly person or
5    person with a disability to enter into a contract or
6    agreement.
7    The illegal use of the assets or resources of an elderly
8person or a person with a disability includes, but is not
9limited to, the misappropriation of those assets or resources
10by undue influence, breach of a fiduciary relationship, fraud,
11deception, extortion, or use of the assets or resources
12contrary to law.
13    A person stands in a position of trust and confidence with
14an elderly person or person with a disability when he (i) is a
15parent, spouse, adult child or other relative by blood or
16marriage of the elderly person or person with a disability,
17(ii) is a joint tenant or tenant in common with the elderly
18person or person with a disability, (iii) has a legal or
19fiduciary relationship with the elderly person or person with a
20disability, (iv) is a financial planning or investment
21professional, or (v) is a paid or unpaid caregiver for the
22elderly person or person with a disability.
23    (d) Limitations. Nothing in this Section shall be construed
24to limit the remedies available to the victim under the
25Illinois Domestic Violence Act of 1986.
26    (e) Good faith efforts. Nothing in this Section shall be

 

 

SB2316- 38 -LRB101 14906 RLC 63896 b

1construed to impose criminal liability on a person who has made
2a good faith effort to assist the elderly person or person with
3a disability in the management of his or her property, but
4through no fault of his or her own has been unable to provide
5such assistance.
6    (f) Not a defense. It shall not be a defense to financial
7exploitation of an elderly person or person with a disability
8that the accused reasonably believed that the victim was not an
9elderly person or person with a disability.
10    (g) Civil Liability. A civil cause of action exists for
11financial exploitation of an elderly person or a person with a
12disability as described in subsection (a) of this Section. A
13person against whom a civil judgment has been entered for
14financial exploitation of an elderly person or person with a
15disability shall be liable to the victim or to the estate of
16the victim in damages of treble the amount of the value of the
17property obtained, plus reasonable attorney fees and court
18costs. In a civil action under this subsection, the burden of
19proof that the defendant committed financial exploitation of an
20elderly person or a person with a disability as described in
21subsection (a) of this Section shall be by a preponderance of
22the evidence. This subsection shall be operative whether or not
23the defendant has been charged or convicted of the criminal
24offense as described in subsection (a) of this Section. This
25subsection (g) shall not limit or affect the right of any
26person to bring any cause of action or seek any remedy

 

 

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1available under the common law, or other applicable law,
2arising out of the financial exploitation of an elderly person
3or a person with a disability.
4    (h) If a person is charged with financial exploitation of
5an elderly person or a person with a disability that involves
6the taking or loss of property valued at more than $5,000, a
7prosecuting attorney may file a petition with the circuit court
8of the county in which the defendant has been charged to freeze
9the assets of the defendant in an amount equal to but not
10greater than the alleged value of lost or stolen property in
11the defendant's pending criminal proceeding for purposes of
12restitution to the victim. The burden of proof required to
13freeze the defendant's assets shall be by a preponderance of
14the evidence.
15(Source: P.A. 99-272, eff. 1-1-16.)
 
16    (Text of Section after amendment by P.A. 101-394)
17    Sec. 17-56. Financial exploitation of an elderly person or
18a person with a disability.
19    (a) A person commits financial exploitation of an elderly
20person or a person with a disability when he or she stands in a
21position of trust or confidence with the elderly person or a
22person with a disability and he or she knowingly:
23        (1) by deception or intimidation obtains control over
24    the property of an elderly person or a person with a
25    disability; or

 

 

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1        (2) illegally uses the assets or resources of an
2    elderly person or a person with a disability.
3    (b) Sentence. Financial exploitation of an elderly person
4or a person with a disability is:
5        (1) A a Class 4 felony if the value of the property is
6    $300 or less. ,
7        (2) A a Class 3 felony if the value of the property is
8    more than $300 but less than $5,000. ,
9        (3) A a Class 2 felony if the value of the property is
10    $5,000 or more but less than $50,000. , and
11        (4) A a Class 1 felony:
12            (A) if the value of the property is $50,000 or more
13        but less than $100,000. or
14            (B)if the elderly person is over 70 years of age
15        and the value of the property is $15,000 or more but
16        less than $100,000; or
17            (C) if the elderly person is 80 years of age or
18        older and the value of the property is $5,000 or more
19        but less than $100,000.
20        (5) A Class X felony if the value of the property is
21    $100,000 or more.
22    (c) For purposes of this Section:
23        (1) "Elderly person" means a person 60 years of age or
24    older.
25        (2) "Person with a disability" means a person who
26    suffers from a physical or mental impairment resulting from

 

 

SB2316- 41 -LRB101 14906 RLC 63896 b

1    disease, injury, functional disorder or congenital
2    condition that impairs the individual's mental or physical
3    ability to independently manage his or her property or
4    financial resources, or both.
5        (3) "Intimidation" means the communication to an
6    elderly person or a person with a disability that he or she
7    shall be deprived of food and nutrition, shelter,
8    prescribed medication or medical care and treatment or
9    conduct as provided in Section 12-6 of this Code.
10        (4) "Deception" means, in addition to its meaning as
11    defined in Section 15-4 of this Code, a misrepresentation
12    or concealment of material fact relating to the terms of a
13    contract or agreement entered into with the elderly person
14    or person with a disability or to the existing or
15    pre-existing condition of any of the property involved in
16    such contract or agreement; or the use or employment of any
17    misrepresentation, false pretense or false promise in
18    order to induce, encourage or solicit the elderly person or
19    person with a disability to enter into a contract or
20    agreement.
21    The illegal use of the assets or resources of an elderly
22person or a person with a disability includes, but is not
23limited to, the misappropriation of those assets or resources
24by undue influence, breach of a fiduciary relationship, fraud,
25deception, extortion, or use of the assets or resources
26contrary to law.

 

 

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1    A person stands in a position of trust and confidence with
2an elderly person or person with a disability when he (i) is a
3parent, spouse, adult child or other relative by blood or
4marriage of the elderly person or person with a disability,
5(ii) is a joint tenant or tenant in common with the elderly
6person or person with a disability, (iii) has a legal or
7fiduciary relationship with the elderly person or person with a
8disability, (iv) is a financial planning or investment
9professional, or (v) is a paid or unpaid caregiver for the
10elderly person or person with a disability.
11    (d) Limitations. Nothing in this Section shall be construed
12to limit the remedies available to the victim under the
13Illinois Domestic Violence Act of 1986.
14    (e) Good faith efforts. Nothing in this Section shall be
15construed to impose criminal liability on a person who has made
16a good faith effort to assist the elderly person or person with
17a disability in the management of his or her property, but
18through no fault of his or her own has been unable to provide
19such assistance.
20    (f) Not a defense. It shall not be a defense to financial
21exploitation of an elderly person or person with a disability
22that the accused reasonably believed that the victim was not an
23elderly person or person with a disability. Consent is not a
24defense to financial exploitation of an elderly person or a
25person with a disability if the accused knew or had reason to
26know that the elderly person or a person with a disability

 

 

SB2316- 43 -LRB101 14906 RLC 63896 b

1lacked capacity to consent.
2    (g) Civil Liability. A civil cause of action exists for
3financial exploitation of an elderly person or a person with a
4disability as described in subsection (a) of this Section. A
5person against whom a civil judgment has been entered for
6financial exploitation of an elderly person or person with a
7disability shall be liable to the victim or to the estate of
8the victim in damages of treble the amount of the value of the
9property obtained, plus reasonable attorney fees and court
10costs. In a civil action under this subsection, the burden of
11proof that the defendant committed financial exploitation of an
12elderly person or a person with a disability as described in
13subsection (a) of this Section shall be by a preponderance of
14the evidence. This subsection shall be operative whether or not
15the defendant has been charged or convicted of the criminal
16offense as described in subsection (a) of this Section. This
17subsection (g) shall not limit or affect the right of any
18person to bring any cause of action or seek any remedy
19available under the common law, or other applicable law,
20arising out of the financial exploitation of an elderly person
21or a person with a disability.
22    (h) If a person is charged with financial exploitation of
23an elderly person or a person with a disability that involves
24the taking or loss of property valued at more than $5,000, a
25prosecuting attorney may file a petition with the circuit court
26of the county in which the defendant has been charged to freeze

 

 

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1the assets of the defendant in an amount equal to but not
2greater than the alleged value of lost or stolen property in
3the defendant's pending criminal proceeding for purposes of
4restitution to the victim. The burden of proof required to
5freeze the defendant's assets shall be by a preponderance of
6the evidence.
7(Source: P.A. 101-394, eff. 1-1-20.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.