093_HB0051eng

 
HB0051 Engrossed                     LRB093 02380 DRJ 02388 b

 1        AN ACT concerning the elderly.

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

 4        Section  5.  The Probate Act of 1975 is amended by adding
 5    Section 2-6.2 as follows:

 6        (755 ILCS 5/2-6.2 new)
 7        Sec. 2-6.2.  Elder abuse.
 8        (a)  Persons convicted of financial exploitation,  abuse,
 9    or  neglect  of  an  elderly  person  shall  not  receive any
10    property, benefit, or other interest by reason of  the  death
11    of   that   elderly   person,   whether   as  heir,  legatee,
12    beneficiary, survivor, appointee, or in  any  other  capacity
13    and  whether  the property, benefit, or other interest passes
14    pursuant to any form of title registration,  testamentary  or
15    nontestamentary  instrument,  intestacy, renunciation, or any
16    other circumstance. The property, benefit, or other  interest
17    shall  pass  as  if  the  person  convicted  of the financial
18    exploitation, abuse, or neglect  died  before  the  decedent,
19    provided  that  with  respect  to  joint tenancy property the
20    interest possessed prior to the death by the person convicted
21    of the financial exploitation, abuse, or neglect shall not be
22    diminished   by   the   application    of    this    Section.
23    Notwithstanding   the   foregoing,   a  person  convicted  of
24    financial exploitation,  abuse,  or  neglect  of  an  elderly
25    person  shall  be entitled to receive property, a benefit, or
26    an interest in  any  capacity  and  under  any  circumstances
27    described  in  this  subsection  (a) if it is demonstrated by
28    clear and convincing evidence that the victim of that offense
29    knew of the  conviction  and  subsequent  to  the  conviction
30    expressed  or  ratified  his  or  her  intent to transfer the
31    property, benefit, or interest to  the  person  convicted  of
 
HB0051 Engrossed            -2-      LRB093 02380 DRJ 02388 b
 1    financial  exploitation,  abuse,  or  neglect  of  an elderly
 2    person in any manner contemplated by this subsection (a).
 3        (b) (1)  The  holder  of  any  property  subject  to  the
 4    provisions   of   this   Section  shall  not  be  liable  for
 5    distributing  or  releasing  the  property  to   the   person
 6    convicted  of financial exploitation, abuse, or neglect of an
 7    elderly person if the distribution or release occurs prior to
 8    the conviction.
 9             (2) If the holder is a financial institution,  trust
10        company, trustee, or similar entity or person, the holder
11        shall  not  be  liable for any distribution or release of
12        the property, benefit, or other interest  to  the  person
13        convicted  of  a  violation  of  Section 12-19, 12-21, or
14        16-1.3 of the Criminal Code of  1961  unless  the  holder
15        knowingly  distributes or releases the property, benefit,
16        or other interest to the person so convicted after  first
17        having  received  actual written notice of the conviction
18        in sufficient time to act upon the notice.
19        (c)  If  the  holder  of  any  property  subject  to  the
20    provisions of this Section knows that a potential beneficiary
21    has been  convicted  of  financial  exploitation,  abuse,  or
22    neglect  of  an  elderly  person  within  the  scope  of this
23    Section,  the  holder  shall   fully   cooperate   with   law
24    enforcement  authorities  and judicial officers in connection
25    with any investigation of the financial exploitation,  abuse,
26    or  neglect.  If  the  holder  is  a person or entity that is
27    subject to regulation by a regulatory agency pursuant to  the
28    laws  of  this  or any other state or pursuant to the laws of
29    the United States, including but not limited to the  business
30    of a financial institution, corporate fiduciary, or insurance
31    company, then such person or entity shall not be deemed to be
32    in  violation of this Section to the extent that privacy laws
33    and regulations applicable to such person or  entity  prevent
34    it  from voluntarily providing law enforcement authorities or
 
HB0051 Engrossed            -3-      LRB093 02380 DRJ 02388 b
 1    judicial officers with information.
 2        (d)  As used in this Section, "elderly  person"  means  a
 3    person 60 years of age or older.