093_HB0087eng

 
HB0087 Engrossed                     LRB093 02293 DRJ 02708 b

 1        AN ACT in relation to elderly persons  and  persons  with
 2    disabilities.

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

 5        Section 5.  The Elder Abuse and Neglect Act is amended by
 6    changing Sections 3.5, 4, and 7 as follows:

 7        (320 ILCS 20/3.5)
 8        Sec. 3.5.  Other Responsibilities.  The Department  shall
 9    also  be responsible for the following activities, contingent
10    upon adequate funding:
11        (a)  promotion of a  wide  range  of  endeavors  for  the
12    purpose  of  preventing  elder  abuse, neglect, and financial
13    exploitation in both  domestic  and  institutional  settings,
14    including,  but  not  limited  to,  promotion  of  public and
15    professional education to increase awareness of elder  abuse,
16    neglect, and financial exploitation, to increase reports, and
17    to  improve response by various legal, financial, social, and
18    health systems;
19        (b)  coordination  of  efforts   with   other   agencies,
20    councils,  and  like  entities, to include but not be limited
21    to, the Office of the Attorney General, the State Police, the
22    Illinois Law Enforcement Training Standards Board, the  State
23    Triad,  the  Illinois Criminal Justice Information Authority,
24    the Departments of  Public  Health,  Public  Aid,  and  Human
25    Services,  the  Family  Violence  Coordinating  Council,  the
26    Illinois  Violence  Prevention  Authority, and other entities
27    which may impact awareness of, and response to, elder  abuse,
28    neglect, and financial exploitation;
29        (c)  collection and analysis of data;
30        (d)  monitoring    of   the   performance   of   regional
31    administrative agencies and elder  abuse  provider  agencies;
 
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 1    and
 2        (e)  promotion of prevention activities;.
 3        (f)  establishing  and coordinating a training program on
 4    the unique nature of elder abuse cases with  other  agencies,
 5    councils, and like entities, to include but not be limited to
 6    the  Office  of  the  Attorney General, the State Police, the
 7    Illinois Law Enforcement Training Standards Board, the  State
 8    Triad,  the  Illinois Criminal Justice Information Authority,
 9    the State departments of Public Health, Public Aid, and Human
10    Services,  the  Family  Violence  Coordinating  Council,  the
11    Illinois Violence Prevention Authority,  and  other  entities
12    that  may  impact  awareness of, and response to elder abuse,
13    neglect, and financial exploitation;
14        (g)  solicitation  of  financial  institutions  for   the
15    purpose of making information available to the general public
16    warning  of financial exploitation of the elderly and related
17    financial fraud or  abuse,  including  such  information  and
18    warnings available through signage or other written materials
19    provided  by the Department on the premises of such financial
20    institutions, provided  that  the  manner  of  displaying  or
21    distributing   such   information  is  subject  to  the  sole
22    discretion of each financial institution; and
23        (h)  coordinating  efforts  with  utility  and   electric
24    companies  to  send  notices  in  utility bills to explain to
25    persons 60 years of  age  or  older  their  rights  regarding
26    telemarketing and home repair fraud.
27    (Source: P.A. 92-16, eff. 6-28-01.)

28        (320 ILCS 20/4) (from Ch. 23, par. 6604)
29        Sec. 4.  Reports of abuse or neglect.
30        (a)  Any  person  who  suspects  the  abuse,  neglect, or
31    financial exploitation of an eligible adult may  report  this
32    suspicion  to  an  agency  designated to receive such reports
33    under this Act or to the Department.
 
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 1        (a-5)  If any mandated reporter  has  reason  to  believe
 2    that  an eligible adult, who because of dysfunction is unable
 3    to seek assistance for himself or herself,  has,  within  the
 4    previous  12  months,  been  subjected  to abuse, neglect, or
 5    financial exploitation, the mandated reporter  shall,  within
 6    24  hours after developing such belief, report this suspicion
 7    to an agency designated to receive such  reports  under  this
 8    Act  or  to  the Department.  Whenever a mandated reporter is
 9    required to report under this Act in his or her capacity as a
10    member of the staff of a medical or other public  or  private
11    institution,  facility, board and care home, or agency, he or
12    she shall make a report to an agency  designated  to  receive
13    such   reports  under  this  Act  or  to  the  Department  in
14    accordance with the provisions  of  this  Act  and  may  also
15    notify  the  person  in  charge of the institution, facility,
16    board and care home, or agency or his or her designated agent
17    that the report has been made.  Under no circumstances  shall
18    any person in charge of such institution, facility, board and
19    care  home, or agency, or his or her designated agent to whom
20    the  notification  has  been  made,  exercise  any   control,
21    restraint, modification, or other change in the report or the
22    forwarding  of  the report to an agency designated to receive
23    such reports under  this  Act  or  to  the  Department.   The
24    privileged  quality of communication between any professional
25    person required to report and his or her  patient  or  client
26    shall not apply to situations involving abused, neglected, or
27    financially   exploited   eligible   adults   and  shall  not
28    constitute grounds for failure to report as required by  this
29    Act.
30        (a-7)  A  person  making  a  report under this Act in the
31    belief that it is in the alleged victim's best interest shall
32    be immune from criminal or civil  liability  or  professional
33    disciplinary   action   on  account  of  making  the  report,
34    notwithstanding    any    requirements     concerning     the
 
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 1    confidentiality  of information with respect to such eligible
 2    adult which might otherwise be applicable.
 3        (a-9)  Law enforcement officers shall continue to  report
 4    incidents  of alleged abuse pursuant to the Illinois Domestic
 5    Violence Act of 1986, notwithstanding any requirements  under
 6    this Act.
 7        (b)  Any  person,  institution or agency participating in
 8    the making of a  report,  providing  information  or  records
 9    related   to   a   report,   assessment,   or   services,  or
10    participating in the investigation of a report under this Act
11    in good faith, or taking photographs or x-rays as a result of
12    an authorized assessment, shall have immunity from any civil,
13    criminal or other liability in any civil, criminal  or  other
14    proceeding  brought  in  consequence of making such report or
15    assessment  or  on  account  of   submitting   or   otherwise
16    disclosing   such   photographs   or  x-rays  to  any  agency
17    designated to receive reports of alleged or  suspected  abuse
18    or  neglect.  Any person, institution or agency authorized by
19    the  Department  to  provide  assessment,  intervention,   or
20    administrative  services  under  this  Act shall, in the good
21    faith performance of those services, have immunity  from  any
22    civil, criminal or other liability in any civil, criminal, or
23    other  proceeding brought as a consequence of the performance
24    of those services. For the purposes of any  civil,  criminal,
25    or other proceeding, the good faith of any person required to
26    report,   permitted   to   report,  or  participating  in  an
27    investigation of a report  of  alleged  or  suspected  abuse,
28    neglect, or financial exploitation shall be presumed.
29        (c)  The  identity of a person making a report of alleged
30    or suspected abuse or neglect under this Act may be disclosed
31    by the Department or other agency provided for  in  this  Act
32    only with such person's written consent or by court order.
33        (d)  The  Department shall by rule establish a system for
34    filing and compiling reports made under this Act.
 
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 1        (e)  Any physician  who  willfully  fails  to  report  as
 2    required  by this Act shall be referred to the Illinois State
 3    Medical Disciplinary Board  for  action  in  accordance  with
 4    subdivision (A)(22) of Section 22 of the Medical Practice Act
 5    of 1987.  Any dentist or dental hygienist who willfully fails
 6    to  report  as  required by this Act shall be referred to the
 7    Department  of  Professional   Regulation   for   action   in
 8    accordance  with  paragraph  19 of Section 23 of the Illinois
 9    Dental Practice Act.  Any other mandated reporter required by
10    this Act to report suspected  abuse,  neglect,  or  financial
11    exploitation who willfully fails to report the same is guilty
12    of a Class A misdemeanor.
13    (Source: P.A. 90-628, eff. 1-1-99.)

14        (320 ILCS 20/7) (from Ch. 23, par. 6607)
15        Sec.  7.  Review.   All  services provided to an eligible
16    adult shall be reviewed by the provider agency on at least  a
17    quarterly  basis  for up to one year to determine whether the
18    service care plan should be  continued  or  modified,  except
19    that,  upon  review,  the  Department  may  grant a waiver to
20    extend the service care plan for up to one additional year.
21    (Source: P.A. 90-628, eff. 1-1-99.)

22        Section 10.  The Criminal Code  of  1961  is  amended  by
23    changing Sections 12-19, 12-21, and 16-1.3 as follows:

24        (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
25        Sec.  12-19.  Abuse  and Criminal Gross Neglect of a Long
26    Term Care Facility Resident.
27        (a)  Any person or any owner or licensee of a  long  term
28    care  facility  who abuses a long term care facility resident
29    is guilty of a Class 3 felony.  Any person or  any  owner  or
30    licensee  of a long term care facility who criminally grossly
31    neglects a long term care facility resident is  guilty  of  a
 
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 1    Class  4  felony.  A  person whose criminal neglect of a long
 2    term care facility resident results in the  resident's  death
 3    is  guilty of a Class 3 felony. However, nothing herein shall
 4    be deemed to  apply  to  a  physician  licensed  to  practice
 5    medicine  in  all  its  branches  or  a  duly  licensed nurse
 6    providing care within the scope of his  or  her  professional
 7    judgment and within the accepted standards of care within the
 8    community.
 9        (b)  Notwithstanding the penalties in subsections (a) and
10    (c) and in addition thereto, if a licensee or owner of a long
11    term  care facility or his or her employee has caused neglect
12    of a resident, the licensee or owner is  guilty  of  a  petty
13    offense.    An   owner  or  licensee  is  guilty  under  this
14    subsection (b) only  if  the  owner  or  licensee  failed  to
15    exercise reasonable care in the hiring, training, supervising
16    or providing of staff or other related routine administrative
17    responsibilities.
18        (c)  Notwithstanding the penalties in subsections (a) and
19    (b) and in addition thereto, if a licensee or owner of a long
20    term  care  facility  or his or her employee has caused gross
21    neglect of a resident, the licensee or owner is guilty  of  a
22    business  offense  for  which a fine of not more than $10,000
23    may be imposed.  An owner or licensee is  guilty  under  this
24    subsection  (c)  only  if  the  owner  or  licensee failed to
25    exercise reasonable care in the hiring, training, supervising
26    or providing of staff or other related routine administrative
27    responsibilities.
28        (d)  For the purpose of this Section:
29             (1)  "Abuse"  means   intentionally   or   knowingly
30        causing  any  physical or mental injury or committing any
31        sexual offense set forth in this Code.
32             (2)  "Criminal  neglect"  means  an  act  whereby  a
33        person recklessly (i) performs acts that cause an elderly
34        person's  or  person  with  a  disability's  life  to  be
 
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 1        endangered,  health  to  be  injured,   or   pre-existing
 2        physical  or  mental  condition  to  deteriorate, or (ii)
 3        fails to perform acts that he or she knows or  reasonably
 4        should  know  are  necessary  to maintain or preserve the
 5        life or health of an elderly  person  or  person  with  a
 6        disability,  and that failure causes the elderly person's
 7        or person with a  disability's  life  to  be  endangered,
 8        health  to be injured, or pre-existing physical or mental
 9        condition to deteriorate, or (iii)  abandons  an  elderly
10        person or person with a disability. "Gross neglect" means
11        recklessly   failing   to  provide  adequate  medical  or
12        personal care or maintenance, which  failure  results  in
13        physical  or  mental  injury  or  the  deterioration of a
14        physical or mental condition.
15             (3)  "Neglect" means negligently failing to  provide
16        adequate  medical  or personal care or maintenance, which
17        failure results in  physical  or  mental  injury  or  the
18        deterioration of a physical or mental condition.
19             (4)  "Resident"  means  a  person residing in a long
20        term care facility.
21             (5)  "Owner" means the person who owns a  long  term
22        care facility as provided under the Nursing Home Care Act
23        or  an  assisted  living  or shared housing establishment
24        under the Assisted Living and Shared Housing Act.
25             (6)  "Licensee"  means  the  individual  or   entity
26        licensed  to  operate  a  facility under the Nursing Home
27        Care Act or the Assisted Living and Shared Housing 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
 
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 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   and   assisted   living
 7        establishments and shared housing establishments licensed
 8        under the Assisted Living and Shared Housing Act.
 9        (e)  Nothing contained in this Section shall be deemed to
10    apply  to  the  medical supervision, regulation or control of
11    the remedial care or treatment of  residents  in  a  facility
12    conducted  for  those  who  rely  upon treatment by prayer or
13    spiritual means in accordance with the creed or tenets of any
14    well recognized church or religious denomination and which is
15    licensed in accordance with Section 3-803 of the Nursing Home
16    Care Act.
17    (Source: P.A. 91-656, eff. 1-1-01.)

18        (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
19        Sec. 12-21.  Criminal abuse  or  neglect  of  an  elderly
20    person or disabled person with a disability.
21        (a)  A  person  commits  the offense of criminal abuse or
22    neglect of an  elderly  person  or  disabled  person  with  a
23    disability  when  he  or  she  is  a  caregiver and he or she
24    knowingly:
25             (1)  performs acts that cause the elderly person  or
26        person  with  a disability's disabled person's life to be
27        endangered,  health  to  be  injured,   or   pre-existing
28        physical or mental condition to deteriorate; or
29             (2)  fails  to  perform acts that he or she knows or
30        reasonably should  know  are  necessary  to  maintain  or
31        preserve  the  life  or  health  of the elderly person or
32        disabled person with a disability and such failure causes
33        the elderly person or person with a disability's disabled
 
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 1        person's life to be endangered, health to be  injured  or
 2        pre-existing physical or mental condition to deteriorate;
 3        or
 4             (3)  abandons  the elderly person or disabled person
 5        with a disability; or
 6             (4)  physically abuses,  harasses,  intimidates,  or
 7        interferes  with  the  personal  liberty  of  the elderly
 8        person or disabled person with a  disability  or  exposes
 9        the  elderly person or disabled  person with a disability
10        to willful deprivation.
11        Criminal  abuse  or  neglect  of  an  elderly  person  or
12    disabled person with  a  disability  is  a  Class  3  felony.
13    Criminal  neglect  of  an  elderly  person  or  person with a
14    disability is a  Class  2  felony  if  the  criminal  neglect
15    results  in  the death of the person neglected  for which the
16    defendant, if sentenced to a term of imprisonment,  shall  be
17    sentenced  to  a  term  of not less than 3 years and not more
18    than 14 years.
19        (b)  For purposes of this Section:
20             (1)  "Elderly person" means a person 60 years of age
21        or older who is suffering from  a  disease  or  infirmity
22        associated  with advanced age and manifested by physical,
23        mental or emotional dysfunctioning  to  the  extent  that
24        such  person is incapable of adequately providing for his
25        own health and personal care.
26             (2)  "Disabled Person with  a  disability"  means  a
27        person  who  suffers  from a permanent physical or mental
28        impairment, resulting from  disease,  injury,  functional
29        disorder  or  congenital  condition  which  renders  such
30        person  incapable  of  adequately  providing  for his own
31        health and personal care.
32             (3)  "Caregiver" means a person who has  a  duty  to
33        provide   for   an   elderly  person  or  person  with  a
34        disability's disabled person's health and personal  care,
 
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 1        at  such  person's  place of residence, including but not
 2        limited  to,  food  and  nutrition,   shelter,   hygiene,
 3        prescribed medication and medical care and treatment.
 4             "Caregiver" shall include:
 5                  (A)  a  parent,  spouse,  adult  child or other
 6             relative by blood or marriage who  resides  with  or
 7             resides  in the same building with or and  regularly
 8             visits the elderly person or disabled  person with a
 9             disability, knows or reasonably should know of  such
10             person's  physical or mental impairment and knows or
11             reasonably should know that such person is unable to
12             adequately provide for his own health  and  personal
13             care;
14                  (B)  a  person  who  is employed by the elderly
15             person or disabled person with a  disability  or  by
16             another  to  reside  with  or  regularly  visit  the
17             elderly person or disabled  person with a disability
18             and  provide  for  such person's health and personal
19             care;
20                  (C)  a person who has agreed for  consideration
21             to reside with or regularly visit the elderly person
22             or  disabled   person with a disability  and provide
23             for such person's health and personal care; and
24                  (D)  a person  who  has  been  appointed  by  a
25             private  or public agency or by a court of competent
26             jurisdiction to provide for the  elderly  person  or
27             person  with a disability's disabled person's health
28             and personal care.
29             "Caregiver"  shall  not  include  a  long-term  care
30        facility licensed or certified  under  the  Nursing  Home
31        Care   Act   or  any  administrative,  medical  or  other
32        personnel of such a facility, or a health  care  provider
33        who  is  licensed  under the Medical Practice Act of 1987
34        and  renders  care  in  the  ordinary   course   of   his
 
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 1        profession.
 2             (4)  "Abandon"  means to desert or knowingly forsake
 3        an elderly person or disabled person  with  a  disability
 4        under  circumstances  in  which a reasonable person would
 5        continue to provide care and custody.
 6             (5)  "Willful deprivation" has the meaning  ascribed
 7        to  it  in  paragraph (15) of Section 103 of the Illinois
 8        Domestic Violence Act of 1986.
 9        (c)  Nothing in this Section shall be construed to  limit
10    the  remedies  available  to  the  victim  under the Illinois
11    Domestic Violence Act.
12        (d)  Nothing in this Section shall be construed to impose
13    criminal liability on a person who  has  made  a  good  faith
14    effort  to  provide  for  the  health and personal care of an
15    elderly person or disabled  person  with  a  disability,  but
16    through  no  fault of his own has been unable to provide such
17    care.
18        (e)  Nothing  in  this  Section  shall  be  construed  as
19    prohibiting a person from providing  treatment  by  spiritual
20    means  through  prayer alone and care consistent therewith in
21    lieu of medical care and treatment  in  accordance  with  the
22    tenets  and practices of any church or religious denomination
23    of which  the  elderly  person  or  disabled  person  with  a
24    disability is a member.
25        (f)  It  is not a defense to criminal abuse or neglect of
26    an elderly person or disabled  person with a disability  that
27    the  accused  reasonably  believed that the victim was not an
28    elderly person  or disabled  person with a disability.
29    (Source: P.A. 92-328, eff. 1-1-02.)

30        (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
31        Sec. 16-1.3.  Financial exploitation of an elderly person
32    or a person with a disability.
33        (a)  A  person   commits   the   offense   of   financial
 
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 1    exploitation  of  an  elderly  person  or  a  person  with  a
 2    disability  when  he  or she stands in a position of trust or
 3    confidence with  the  elderly  person  or  a  person  with  a
 4    disability    and  he  or  she  knowingly and by deception or
 5    intimidation obtains control over the property of an  elderly
 6    person  or  a  person with a disability or illegally uses the
 7    assets or resources of an elderly person or a person  with  a
 8    disability.  The illegal use of the assets or resources of an
 9    elderly person or a person with a disability includes, but is
10    not  limited  to,  the  misappropriation  of  those assets or
11    resources  by  undue  influence,  breach   of   a   fiduciary
12    relationship,  fraud,  deception,  extortion,  or  use of the
13    assets or resources  contrary  to  law  with  the  intent  to
14    permanently  deprive  the elderly person or the person with a
15    disability of the use, benefit, or possession of his  or  her
16    property.
17        Financial  exploitation  of an elderly person or a person
18    with a disability is a Class 4 felony if  the  value  of  the
19    property  is  $300  or less, a Class 3 felony if the value of
20    the property is more than $300 but less than $5,000, a  Class
21    2  felony  if the value of the property is $5,000 or more but
22    less than $100,000 and a Class 1 felony if the value  of  the
23    property is $100,000 or more or if the elderly person is over
24    70  years  of age and the value of the property is $15,000 or
25    more or if the elderly person is 80 years of age or older and
26    the value of the property is $5,000 or more.
27        (b)  For purposes of this Section:
28             (1)  "Elderly person" means a person 60 years of age
29        or older  who is suffering from a  disease  or  infirmity
30        that  impairs the individual's mental or physical ability
31        to independently manage his or her property or  financial
32        resources, or both.
33             (2)  "Person  with  a disability" means a person who
34        suffers from a permanent physical  or  mental  impairment
 
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 1        resulting  from  disease,  injury, functional disorder or
 2        congenital condition that impairs the individual's mental
 3        or physical ability to independently manage  his  or  her
 4        property or financial resources, or both.
 5             (3)  "Intimidation"  means  the  communication to an
 6        elderly person or a person with a disability that  he  or
 7        she  shall  be  deprived  of food and nutrition, shelter,
 8        prescribed medication or medical care and treatment.
 9             (4)  "Deception" means, in addition to  its  meaning
10        as   defined   in   Section   15-4   of   this   Code,  a
11        misrepresentation  or  concealment   of   material   fact
12        relating  to the terms of a contract or agreement entered
13        into with the elderly person or person with a  disability
14        or  to  the  existing or pre-existing condition of any of
15        the property involved in such contract or  agreement;  or
16        the  use  or  employment  of any misrepresentation, false
17        pretense or false promise in order to  induce,  encourage
18        or solicit the elderly person or person with a disability
19        to enter into a contract or agreement.
20        (c)  For  purposes  of this Section, a person stands in a
21    position of trust and confidence with an  elderly  person  or
22    person  with  a  disability  when he (1) is a parent, spouse,
23    adult child or other relative by blood  or  marriage  of  the
24    elderly  person  or  person with a disability, (2) is a joint
25    tenant or tenant in common with the elderly person or  person
26    with  a disability, (3) has a legal or fiduciary relationship
27    with the elderly person or person with a disability,  or  (4)
28    is a financial planning or investment professional.
29        (d)  Nothing  in this Section shall be construed to limit
30    the remedies available  to  the  victim  under  the  Illinois
31    Domestic Violence Act of 1986.
32        (e)  Nothing in this Section shall be construed to impose
33    criminal  liability  on  a  person  who has made a good faith
34    effort  to  assist  the  elderly  person  or  person  with  a
 
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 1    disability in the management of  his  or  her  property,  but
 2    through no fault of his or her own has been unable to provide
 3    such assistance.
 4        (f)  It  shall not be a defense to financial exploitation
 5    of an elderly person or person with  a  disability  that  the
 6    accused  reasonably  believed  that  the  victim  was  not an
 7    elderly person or person with a disability.
 8        (g)  Civil  Liability.   A  person  who  is  charged   by
 9    information  or  indictment  with  the  offense  of financial
10    exploitation of an elderly person or person with a disability
11    and who fails or refuses  to  return  the  victim's  property
12    within  60 days following a written demand from the victim or
13    the victim's legal representative  shall  be  liable  to  the
14    victim  or  to  the estate of the victim in damages of treble
15    the amount of  the  value  of  the  property  obtained,  plus
16    reasonable  attorney  fees  and  court  costs.  The burden of
17    proof that the defendant  unlawfully  obtained  the  victim's
18    property  shall  be by a preponderance of the evidence.  This
19    subsection shall be operative whether or  not  the  defendant
20    has been convicted of the offense.
21    (Source: P.A. 91-236, eff. 7-22-99; 92-808, eff. 8-21-02.)

22        Section  15.  The  Code  of Criminal Procedure of 1963 is
23    amended by  changing  Section  115-10.3  and  adding  Section
24    114-13.5 as follows:

25        (725 ILCS 5/114-13.5 new)
26        Sec.  114-13.5.  Evidence  deposition; elder abuse.  In a
27    prosecution for  abuse, neglect, or financial exploitation of
28    an eligible adult as defined in the Elder Abuse  and  Neglect
29    Act,  the eligible adult may give testimony in the form of an
30    evidence deposition and not be required to appear in court to
31    testify.
 
HB0087 Engrossed            -15-     LRB093 02293 DRJ 02708 b
 1        (725 ILCS 5/115-10.3)
 2        Sec. 115-10.3.  Hearsay exception regarding elder adults.
 3        (a)  In a prosecution for a physical act, abuse, neglect,
 4    or financial exploitation  perpetrated  upon  or  against  an
 5    eligible  adult,  as  defined  in the Elder Abuse and Neglect
 6    Act, who at the time the act was committed or  prior  to  the
 7    time of the trial has been diagnosed by a physician to suffer
 8    from  (i)  any form of dementia, developmental disability, or
 9    other  form  of  mental  incapacity  or  (ii)  any   physical
10    infirmity,  including  but  not  limited  to prosecutions for
11    violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11,
12    12-1, 12-2,  12-3,  12-3.2,  12-4,  12-4.1,  12-4.2,  12-4.5,
13    12-4.6,  12-4.7,  12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1,
14    12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1,  17-3,
15    18-1,  18-2,  18-3,  18-4, 18-5, 20-1.1, 24-1.2, and 33A-2 of
16    the Criminal Code of 1961, the following  evidence  shall  be
17    admitted as an exception to the hearsay rule:
18             (1)  testimony  by  an  eligible adult, of an out of
19        court statement made by the eligible adult,  that  he  or
20        she complained of such act to another; and
21             (2)  testimony  of an out of court statement made by
22        the eligible adult, describing any complaint of such  act
23        or  matter  or  detail  pertaining to any act which is an
24        element  of  an  offense  which  is  the  subject  of   a
25        prosecution  for  a  physical  act,  abuse,  neglect,  or
26        financial  exploitation  perpetrated  upon or against the
27        eligible adult.
28        (b)  Such testimony shall only be admitted if:
29             (1)  The court finds in a hearing conducted  outside
30        the  presence  of  the  jury  that the time, content, and
31        circumstances  of  the   statement   provide   sufficient
32        safeguards of reliability; and
33             (2)  The eligible adult either:
34                  (A)  testifies at the proceeding; or
 
HB0087 Engrossed            -16-     LRB093 02293 DRJ 02708 b
 1                  (B)  is  unavailable  as a witness and there is
 2             corroborative evidence  of  the  act  which  is  the
 3             subject of the statement.
 4        (c)  If a statement is admitted pursuant to this Section,
 5    the  court shall instruct the jury that it is for the jury to
 6    determine  the  weight  and  credibility  to  be  given   the
 7    statement  and  that,  in  making the determination, it shall
 8    consider the condition of the eligible adult, the  nature  of
 9    the  statement,  the  circumstances under which the statement
10    was made, and any other relevant factor.
11        (d)  The  proponent  of  the  statement  shall  give  the
12    adverse party reasonable notice of his or  her  intention  to
13    offer the statement and the particulars of the statement.
14    (Source: P.A. 92-91, eff. 7-18-01.)

15        Section  20.  The  Unified Code of Corrections is amended
16    by changing Section 5-5-3 as follows:

17        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
18        Sec. 5-5-3.  Disposition.
19        (a)  Every  person  convicted  of  an  offense  shall  be
20    sentenced as provided in this Section.
21        (b)  The   following   options   shall   be   appropriate
22    dispositions, alone or in combination, for all  felonies  and
23    misdemeanors other than those identified in subsection (c) of
24    this Section:
25             (1)  A period of probation.
26             (2)  A term of periodic imprisonment.
27             (3)  A term of conditional discharge.
28             (4)  A term of imprisonment.
29             (5)  An order directing the offender to clean up and
30        repair  the  damage,  if the offender was convicted under
31        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
32        1961.
 
HB0087 Engrossed            -17-     LRB093 02293 DRJ 02708 b
 1             (6)  A fine.
 2             (7)  An   order   directing  the  offender  to  make
 3        restitution to the victim under  Section  5-5-6  of  this
 4        Code.
 5             (8)  A  sentence of participation in a county impact
 6        incarceration program under Section 5-8-1.2 of this Code.
 7        Whenever an individual is sentenced for an offense  based
 8    upon  an  arrest  for  a  violation  of Section 11-501 of the
 9    Illinois Vehicle Code, or a  similar  provision  of  a  local
10    ordinance,   and   the   professional  evaluation  recommends
11    remedial or rehabilitative treatment  or  education,  neither
12    the treatment nor the education shall be the sole disposition
13    and  either  or  both may be imposed only in conjunction with
14    another disposition. The court shall monitor compliance  with
15    any remedial education or treatment recommendations contained
16    in  the professional evaluation.  Programs conducting alcohol
17    or other  drug  evaluation  or  remedial  education  must  be
18    licensed  by  the  Department of Human Services.  However, if
19    the individual is not a resident of Illinois, the  court  may
20    accept  an  alcohol  or  other  drug  evaluation  or remedial
21    education  program  in  the  state   of   such   individual's
22    residence.   Programs  providing  treatment  must be licensed
23    under  existing  applicable  alcoholism  and  drug  treatment
24    licensure standards.
25        In addition to any other fine or penalty required by law,
26    any individual convicted of a violation of Section 11-501  of
27    the  Illinois  Vehicle  Code  or a similar provision of local
28    ordinance, whose  operation  of  a  motor  vehicle  while  in
29    violation  of  Section  11-501  or such ordinance proximately
30    caused an incident  resulting  in  an  appropriate  emergency
31    response,  shall  be required to make restitution to a public
32    agency for  the  costs  of  that  emergency  response.   Such
33    restitution  shall not exceed $500 per public agency for each
34    such emergency response.  For the purpose of this  paragraph,
 
HB0087 Engrossed            -18-     LRB093 02293 DRJ 02708 b
 1    emergency  response  shall  mean  any  incident  requiring  a
 2    response  by: a police officer as defined under Section 1-162
 3    of the Illinois Vehicle Code; a fireman carried on the  rolls
 4    of  a regularly constituted fire department; and an ambulance
 5    as defined  under  Section  4.05  of  the  Emergency  Medical
 6    Services (EMS) Systems Act.
 7        Neither   a  fine  nor  restitution  shall  be  the  sole
 8    disposition for a felony and either or both  may  be  imposed
 9    only in conjunction with another disposition.
10        (c) (1)  When a defendant is found guilty of first degree
11        murder   the   State   may  either  seek  a  sentence  of
12        imprisonment under Section 5-8-1 of this Code,  or  where
13        appropriate seek a sentence of death under Section 9-1 of
14        the Criminal Code of 1961.
15             (2)  A  period  of  probation,  a  term  of periodic
16        imprisonment  or  conditional  discharge  shall  not   be
17        imposed  for  the  following  offenses.  The  court shall
18        sentence the offender to not less than the  minimum  term
19        of  imprisonment set forth in this Code for the following
20        offenses, and may order a fine or restitution or both  in
21        conjunction with such term of imprisonment:
22                  (A)  First   degree   murder  where  the  death
23             penalty is not imposed.
24                  (B)  Attempted first degree murder.
25                  (C)  A Class X felony.
26                  (D)  A violation of Section 401.1 or 407 of the
27             Illinois Controlled Substances Act, or  a  violation
28             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
29             that Act which relates to more than  5  grams  of  a
30             substance  containing heroin or cocaine or an analog
31             thereof.
32                  (E)  A violation of Section 5.1  or  9  of  the
33             Cannabis Control Act.
34                  (F)  A   Class  2  or  greater  felony  if  the
 
HB0087 Engrossed            -19-     LRB093 02293 DRJ 02708 b
 1             offender had been convicted of a Class 2 or  greater
 2             felony  within  10  years  of  the date on which the
 3             offender committed the offense for which he  or  she
 4             is  being sentenced, except as otherwise provided in
 5             Section 40-10 of the Alcoholism and Other Drug Abuse
 6             and Dependency Act.
 7                  (G)  Residential burglary, except as  otherwise
 8             provided  in  Section  40-10  of  the Alcoholism and
 9             Other Drug Abuse and Dependency Act.
10                  (H)  Criminal   sexual   assault,   except   as
11             otherwise  provided  in  subsection  (e)   of   this
12             Section.
13                  (I)  Aggravated battery of a senior citizen.
14                  (J)  A  forcible  felony  if  the  offense  was
15             related to the activities of an organized gang.
16                  Before  July  1, 1994, for the purposes of this
17             paragraph, "organized gang" means an association  of
18             5  or  more  persons, with an established hierarchy,
19             that  encourages  members  of  the  association   to
20             perpetrate crimes or provides support to the members
21             of the association who do commit crimes.
22                  Beginning  July  1,  1994,  for the purposes of
23             this paragraph, "organized  gang"  has  the  meaning
24             ascribed  to  it  in  Section  10  of  the  Illinois
25             Streetgang Terrorism Omnibus Prevention Act.
26                  (K)  Vehicular hijacking.
27                  (L)  A  second or subsequent conviction for the
28             offense of hate crime when  the  underlying  offense
29             upon  which  the  hate  crime  is  based  is  felony
30             aggravated assault or felony mob action.
31                  (M)  A  second or subsequent conviction for the
32             offense of institutional vandalism if the damage  to
33             the property exceeds $300.
34                  (N)  A  Class  3  felony violation of paragraph
 
HB0087 Engrossed            -20-     LRB093 02293 DRJ 02708 b
 1             (1) of subsection (a) of Section 2  of  the  Firearm
 2             Owners Identification Card Act.
 3                  (O)  A  violation  of  Section  12-6.1  of  the
 4             Criminal Code of 1961.
 5                  (P)  A  violation  of  paragraph (1), (2), (3),
 6             (4), (5),  or  (7)  of  subsection  (a)  of  Section
 7             11-20.1 of the Criminal Code of 1961.
 8                  (Q)  A  violation  of  Section  20-1.2  of  the
 9             Criminal Code of 1961.
10                  (R)  A   violation  of  Section  24-3A  of  the
11             Criminal Code of 1961.
12                  (S)  A violation of Section  11-501(c-1)(3)  of
13             the Illinois Vehicle Code.
14             (3)  A minimum term of imprisonment of not less than
15        5  days  or  30  days  of  community  service  as  may be
16        determined by the court shall be  imposed  for  a  second
17        violation   committed   within  5  years  of  a  previous
18        violation of Section 11-501 of the Illinois Vehicle  Code
19        or  a similar provision of a local ordinance. In the case
20        of a third or subsequent  violation  committed  within  5
21        years  of  a  previous violation of Section 11-501 of the
22        Illinois Vehicle Code or a similar provision of  a  local
23        ordinance,   a   minimum   term  of  either  10  days  of
24        imprisonment or 60 days of  community  service  shall  be
25        imposed.
26             (4)  A minimum term of imprisonment of not less than
27        10 consecutive days or 30 days of community service shall
28        be  imposed  for  a violation of paragraph (c) of Section
29        6-303 of the Illinois Vehicle Code.
30             (4.1)  A minimum term  of  30  consecutive  days  of
31        imprisonment, 40 days of 24 hour periodic imprisonment or
32        720  hours  of community service, as may be determined by
33        the court, shall be imposed for a  violation  of  Section
34        11-501  of  the  Illinois Vehicle Code during a period in
 
HB0087 Engrossed            -21-     LRB093 02293 DRJ 02708 b
 1        which the defendant's driving privileges are  revoked  or
 2        suspended,  where  the revocation or suspension was for a
 3        violation of Section 11-501 or Section 11-501.1  of  that
 4        Code.
 5             (4.2)  Except as provided in paragraph (4.3) of this
 6        subsection  (c),  a  minimum  of  100  hours of community
 7        service shall  be  imposed  for  a  second  violation  of
 8        Section 6-303 of the Illinois Vehicle Code.
 9             (4.3)  A  minimum term of imprisonment of 30 days or
10        300 hours of community  service,  as  determined  by  the
11        court,  shall  be  imposed  for  a  second  violation  of
12        subsection  (c)  of Section 6-303 of the Illinois Vehicle
13        Code.
14             (4.4)  Except as provided  in  paragraph  (4.5)  and
15        paragraph (4.6) of this subsection (c), a minimum term of
16        imprisonment  of  30  days  or  300  hours  of  community
17        service, as determined by the court, shall be imposed for
18        a  third  or subsequent violation of Section 6-303 of the
19        Illinois Vehicle Code.
20             (4.5)  A minimum term of  imprisonment  of  30  days
21        shall  be imposed for a third violation of subsection (c)
22        of Section 6-303 of the Illinois Vehicle Code.
23             (4.6)  A minimum term of imprisonment  of  180  days
24        shall  be imposed for a fourth or subsequent violation of
25        subsection (c) of Section 6-303 of the  Illinois  Vehicle
26        Code.
27             (5)  The court may sentence an offender convicted of
28        a business offense or a petty offense or a corporation or
29        unincorporated association convicted of any offense to:
30                  (A)  a period of conditional discharge;
31                  (B)  a fine;
32                  (C)  make   restitution  to  the  victim  under
33             Section 5-5-6 of this Code.
34             (5.1)  In addition to any  penalties  imposed  under
 
HB0087 Engrossed            -22-     LRB093 02293 DRJ 02708 b
 1        paragraph  (5)  of  this  subsection  (c),  and except as
 2        provided in paragraph (5.2) or (5.3), a person  convicted
 3        of  violating  subsection  (c)  of  Section 11-907 of the
 4        Illinois Vehicle Code shall  have  his  or  her  driver's
 5        license,  permit, or privileges suspended for at least 90
 6        days but  not  more  than  one  year,  if  the  violation
 7        resulted in damage to the property of another person.
 8             (5.2)  In  addition  to  any penalties imposed under
 9        paragraph (5) of  this  subsection  (c),  and  except  as
10        provided  in  paragraph  (5.3),  a  person  convicted  of
11        violating   subsection  (c)  of  Section  11-907  of  the
12        Illinois Vehicle Code shall  have  his  or  her  driver's
13        license, permit, or privileges suspended for at least 180
14        days but not more than 2 years, if the violation resulted
15        in injury to another person.
16             (5.3)  In  addition  to  any penalties imposed under
17        paragraph (5) of this subsection (c), a person  convicted
18        of  violating  subsection  (c)  of  Section 11-907 of the
19        Illinois Vehicle Code shall  have  his  or  her  driver's
20        license,  permit, or privileges suspended for 2 years, if
21        the violation resulted in the death of another person.
22             (6)  In no case shall an offender be eligible for  a
23        disposition  of  probation or conditional discharge for a
24        Class 1 felony committed while he was serving a  term  of
25        probation or conditional discharge for a felony.
26             (7)  When   a   defendant  is  adjudged  a  habitual
27        criminal under Article 33B of the Criminal Code of  1961,
28        the  court  shall  sentence  the  defendant  to a term of
29        natural life imprisonment.
30             (8)  When a defendant, over the age of 21 years,  is
31        convicted  of  a  Class 1 or Class 2 felony, after having
32        twice been convicted in any state or federal court of  an
33        offense that contains the same elements as an offense now
34        classified  in  Illinois  as  a  Class 2 or greater Class
 
HB0087 Engrossed            -23-     LRB093 02293 DRJ 02708 b
 1        felony and such charges are separately brought and  tried
 2        and arise out of different series of acts, such defendant
 3        shall  be sentenced as a Class X offender. This paragraph
 4        shall not apply unless (1) the first felony was committed
 5        after the effective date of this amendatory Act of  1977;
 6        and  (2) the second felony was committed after conviction
 7        on the first; and (3)  the  third  felony  was  committed
 8        after  conviction  on the second. A person sentenced as a
 9        Class X offender under this paragraph is not eligible  to
10        apply  for  treatment  as  a  condition  of  probation as
11        provided by Section 40-10 of  the  Alcoholism  and  Other
12        Drug Abuse and Dependency Act.
13             (9)  A defendant convicted of a second or subsequent
14        offense  of  ritualized abuse of a child may be sentenced
15        to a term of natural life imprisonment.
16             (10)  When  a  person  is  convicted  of   violating
17        Section  11-501 of the Illinois Vehicle Code or a similar
18        provision of a local ordinance, the  following  penalties
19        apply  when his or her blood, breath, or urine was .16 or
20        more based on the definition of blood, breath,  or  urine
21        units  in Section 11-501.2 or that person is convicted of
22        violating Section 11-501 of  the  Illinois  Vehicle  Code
23        while transporting a child under the age of 16:
24                  (A)  For a first violation of subsection (a) of
25             Section  11-501,  in  addition  to any other penalty
26             that may be imposed under subsection (c) of  Section
27             11-501:   a   mandatory  minimum  of  100  hours  of
28             community service and a minimum fine of $500.
29                  (B)  For a second violation of  subsection  (a)
30             of  Section 11-501, in addition to any other penalty
31             that may be imposed under subsection (c) of  Section
32             11-501  within  10  years:  a mandatory minimum of 2
33             days of imprisonment and a minimum fine of $1,250.
34                  (C)  For a third violation of subsection (a) of
 
HB0087 Engrossed            -24-     LRB093 02293 DRJ 02708 b
 1             Section 11-501, in addition  to  any  other  penalty
 2             that  may be imposed under subsection (c) of Section
 3             11-501 within 20 years: a mandatory  minimum  of  90
 4             days of imprisonment and a minimum fine of $2,500.
 5                  (D)  For  a  fourth  or subsequent violation of
 6             subsection (a) of Section 11-501: ineligibility  for
 7             a sentence of probation or conditional discharge and
 8             a minimum fine of $2,500.
 9        (d)  In  any  case in which a sentence originally imposed
10    is vacated, the case shall be remanded to  the  trial  court.
11    The  trial  court shall hold a hearing under Section 5-4-1 of
12    the Unified Code of Corrections which may include evidence of
13    the defendant's life, moral character and  occupation  during
14    the  time  since the original sentence was passed.  The trial
15    court shall then impose sentence  upon  the  defendant.   The
16    trial  court  may  impose  any sentence which could have been
17    imposed at the original trial subject to Section 5-5-4 of the
18    Unified Code of Corrections. If  a  sentence  is  vacated  on
19    appeal  or  on  collateral  attack  due to the failure of the
20    trier of fact at trial to determine beyond a reasonable doubt
21    the existence of a  fact  (other  than  a  prior  conviction)
22    necessary  to  increase the punishment for the offense beyond
23    the  statutory  maximum  otherwise  applicable,  either   the
24    defendant  may  be  re-sentenced  to  a term within the range
25    otherwise provided or, if  the  State  files  notice  of  its
26    intention  to again seek the extended sentence, the defendant
27    shall be afforded a new trial.
28        (e)  In  cases  where  prosecution  for  criminal  sexual
29    assault or aggravated criminal  sexual  abuse  under  Section
30    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
31    conviction of a defendant who was  a  family  member  of  the
32    victim  at  the  time  of  the commission of the offense, the
33    court shall consider the safety and welfare of the victim and
34    may impose a sentence of probation only where:
 
HB0087 Engrossed            -25-     LRB093 02293 DRJ 02708 b
 1             (1)  the  court  finds  (A)  or  (B)  or  both   are
 2        appropriate:
 3                  (A)  the  defendant  is  willing  to  undergo a
 4             court approved  counseling  program  for  a  minimum
 5             duration of 2 years; or
 6                  (B)  the defendant is willing to participate in
 7             a  court  approved plan including but not limited to
 8             the defendant's:
 9                       (i)  removal from the household;
10                       (ii)  restricted contact with the victim;
11                       (iii)  continued financial support of  the
12                  family;
13                       (iv)  restitution  for  harm  done  to the
14                  victim; and
15                       (v)  compliance with  any  other  measures
16                  that the court may deem appropriate; and
17             (2)  the  court  orders the defendant to pay for the
18        victim's counseling services,  to  the  extent  that  the
19        court finds, after considering the defendant's income and
20        assets,  that  the  defendant  is  financially capable of
21        paying for such services, if  the  victim  was  under  18
22        years  of  age  at the time the offense was committed and
23        requires counseling as a result of the offense.
24        Probation may be revoked or modified pursuant to  Section
25    5-6-4;  except where the court determines at the hearing that
26    the defendant violated a condition of his  or  her  probation
27    restricting  contact  with the victim or other family members
28    or commits another offense with the victim  or  other  family
29    members, the court shall revoke the defendant's probation and
30    impose a term of imprisonment.
31        For  the  purposes  of  this Section, "family member" and
32    "victim" shall have the meanings ascribed to them in  Section
33    12-12 of the Criminal Code of 1961.
34        (f)  This  Article  shall  not  deprive  a court in other
 
HB0087 Engrossed            -26-     LRB093 02293 DRJ 02708 b
 1    proceedings to order a forfeiture of property, to suspend  or
 2    cancel  a  license,  to  remove  a  person from office, or to
 3    impose any other civil penalty.
 4        (g)  Whenever a defendant  is  convicted  of  an  offense
 5    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
 6    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 7    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 8    shall  undergo  medical  testing  to  determine  whether  the
 9    defendant has any sexually transmissible disease, including a
10    test for infection with human immunodeficiency virus (HIV) or
11    any   other   identified   causative   agent   of    acquired
12    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
13    shall be performed only  by  appropriately  licensed  medical
14    practitioners  and  may  include  an  analysis  of any bodily
15    fluids as well as an examination of the  defendant's  person.
16    Except as otherwise provided by law, the results of such test
17    shall  be kept strictly confidential by all medical personnel
18    involved in the testing and must be personally delivered in a
19    sealed envelope to the  judge  of  the  court  in  which  the
20    conviction  was entered for the judge's inspection in camera.
21    Acting in accordance with the best interests  of  the  victim
22    and  the  public,  the  judge  shall  have  the discretion to
23    determine to whom, if anyone, the results of the testing  may
24    be revealed. The court shall notify the defendant of the test
25    results.  The court shall also notify the victim if requested
26    by  the  victim, and if the victim is under the age of 15 and
27    if requested by the victim's parents or legal  guardian,  the
28    court  shall notify the victim's parents or legal guardian of
29    the test results.  The court shall provide information on the
30    availability of HIV testing and counseling at  Department  of
31    Public  Health  facilities to all parties to whom the results
32    of the testing are revealed  and  shall  direct  the  State's
33    Attorney  to  provide  the  information  to  the  victim when
34    possible. A State's Attorney may petition the court to obtain
 
HB0087 Engrossed            -27-     LRB093 02293 DRJ 02708 b
 1    the results of any HIV test administered under this  Section,
 2    and  the  court  shall  grant  the  disclosure if the State's
 3    Attorney shows it is relevant in order to prosecute a  charge
 4    of  criminal transmission of HIV under Section 12-16.2 of the
 5    Criminal Code of 1961 against the defendant.  The court shall
 6    order that the cost of any such test shall  be  paid  by  the
 7    county  and  may  be  taxed  as  costs  against the convicted
 8    defendant.
 9        (g-5)  When  an  inmate  is  tested   for   an   airborne
10    communicable   disease,   as   determined   by  the  Illinois
11    Department of Public Health  including  but  not  limited  to
12    tuberculosis,  the  results  of  the test shall be personally
13    delivered by the warden or his or her designee  in  a  sealed
14    envelope  to  the judge of the court in which the inmate must
15    appear for the judge's inspection in camera if  requested  by
16    the  judge.   Acting in accordance with the best interests of
17    those in the courtroom, the judge shall have  the  discretion
18    to  determine  what  if  any  precautions need to be taken to
19    prevent transmission of the disease in the courtroom.
20        (h)  Whenever a defendant  is  convicted  of  an  offense
21    under  Section  1 or 2 of the Hypodermic Syringes and Needles
22    Act, the defendant shall undergo medical testing to determine
23    whether   the   defendant   has   been   exposed   to   human
24    immunodeficiency  virus  (HIV)  or   any   other   identified
25    causative agent of acquired immunodeficiency syndrome (AIDS).
26    Except as otherwise provided by law, the results of such test
27    shall  be kept strictly confidential by all medical personnel
28    involved in the testing and must be personally delivered in a
29    sealed envelope to the  judge  of  the  court  in  which  the
30    conviction  was entered for the judge's inspection in camera.
31    Acting in accordance with the best interests of  the  public,
32    the  judge shall have the discretion to determine to whom, if
33    anyone, the results of the testing may be revealed. The court
34    shall notify the defendant of  a  positive  test  showing  an
 
HB0087 Engrossed            -28-     LRB093 02293 DRJ 02708 b
 1    infection  with  the  human immunodeficiency virus (HIV). The
 2    court shall provide information on the  availability  of  HIV
 3    testing   and  counseling  at  Department  of  Public  Health
 4    facilities to all parties to whom the results of the  testing
 5    are revealed and shall direct the State's Attorney to provide
 6    the  information  to  the  victim  when  possible.  A State's
 7    Attorney may petition the court to obtain the results of  any
 8    HIV  test  administered  under  this   Section, and the court
 9    shall grant the disclosure if the State's Attorney  shows  it
10    is  relevant  in  order  to  prosecute  a  charge of criminal
11    transmission of HIV under Section  12-16.2  of  the  Criminal
12    Code  of  1961  against  the defendant. The court shall order
13    that the cost of any such test shall be paid  by  the  county
14    and may be taxed as costs against the convicted defendant.
15        (i)  All  fines  and penalties imposed under this Section
16    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
17    Vehicle Code, or a similar provision of  a  local  ordinance,
18    and any violation of the Child Passenger Protection Act, or a
19    similar  provision  of  a local ordinance, shall be collected
20    and disbursed by the circuit clerk as provided under  Section
21    27.5 of the Clerks of Courts Act.
22        (j)  In  cases  when  prosecution  for  any  violation of
23    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
24    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
25    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
26    12-16  of  the  Criminal  Code  of 1961, any violation of the
27    Illinois Controlled Substances Act, or any violation  of  the
28    Cannabis  Control Act results in conviction, a disposition of
29    court supervision, or an order  of  probation  granted  under
30    Section  10 of the Cannabis Control Act or Section 410 of the
31    Illinois Controlled Substance Act of a defendant,  the  court
32    shall  determine  whether  the  defendant  is  employed  by a
33    facility or center as defined under the  Child  Care  Act  of
34    1969,  a public or private elementary or secondary school, or
 
HB0087 Engrossed            -29-     LRB093 02293 DRJ 02708 b
 1    otherwise works with children under 18  years  of  age  on  a
 2    daily  basis.   When  a  defendant  is so employed, the court
 3    shall order the Clerk of the Court to  send  a  copy  of  the
 4    judgment  of  conviction or order of supervision or probation
 5    to  the  defendant's  employer  by  certified  mail.  If  the
 6    employer of the defendant is a school, the Clerk of the Court
 7    shall direct the  mailing  of  a  copy  of  the  judgment  of
 8    conviction  or  order  of  supervision  or  probation  to the
 9    appropriate regional superintendent of schools.  The regional
10    superintendent of schools shall notify  the  State  Board  of
11    Education of any notification under this subsection.
12        (j-5)  A  defendant  at  least  17  years  of  age who is
13    convicted of  a  felony  and  who  has  not  been  previously
14    convicted  of a misdemeanor or felony and who is sentenced to
15    a  term  of  imprisonment  in  the  Illinois  Department   of
16    Corrections  shall  as  a condition of his or her sentence be
17    required by the court to attend educational courses  designed
18    to  prepare  the  defendant  for a high school diploma and to
19    work toward a high school diploma or to work  toward  passing
20    the high school level Test of General Educational Development
21    (GED)  or  to  work  toward  completing a vocational training
22    program offered by  the  Department  of  Corrections.   If  a
23    defendant fails to complete the educational training required
24    by  his or her sentence during the term of incarceration, the
25    Prisoner Review Board shall,  as  a  condition  of  mandatory
26    supervised  release, require the defendant, at his or her own
27    expense, to pursue a course of study  toward  a  high  school
28    diploma  or  passage  of  the  GED test.  The Prisoner Review
29    Board shall revoke the  mandatory  supervised  release  of  a
30    defendant  who  wilfully fails to comply with this subsection
31    (j-5) upon his or her release from  confinement  in  a  penal
32    institution  while  serving  a  mandatory  supervised release
33    term; however, the inability of the defendant after making  a
34    good  faith  effort  to  obtain  financial aid or pay for the
 
HB0087 Engrossed            -30-     LRB093 02293 DRJ 02708 b
 1    educational training shall not be deemed a wilful failure  to
 2    comply.    The  Prisoner  Review  Board  shall  recommit  the
 3    defendant whose mandatory supervised release  term  has  been
 4    revoked  under  this  subsection (j-5) as provided in Section
 5    3-3-9.  This subsection (j-5) does not apply to  a  defendant
 6    who  has a high school diploma or has successfully passed the
 7    GED test. This subsection (j-5) does not apply to a defendant
 8    who is determined by the court to be developmentally disabled
 9    or otherwise mentally incapable of completing the educational
10    or vocational program.
11        (k)  A court may not impose a sentence or disposition for
12    a felony or misdemeanor that requires  the  defendant  to  be
13    implanted  or  injected  with  or  to  use  any form of birth
14    control.
15        (l) (A)  Except  as  provided   in   paragraph   (C)   of
16        subsection  (l), whenever a defendant, who is an alien as
17        defined  by  the  Immigration  and  Nationality  Act,  is
18        convicted of any felony or misdemeanor offense, the court
19        after sentencing the defendant may, upon  motion  of  the
20        State's  Attorney,  hold  sentence in abeyance and remand
21        the defendant to the custody of the Attorney  General  of
22        the  United  States  or his or her designated agent to be
23        deported when:
24                  (1)  a final  order  of  deportation  has  been
25             issued against the defendant pursuant to proceedings
26             under the Immigration and Nationality Act, and
27                  (2)  the deportation of the defendant would not
28             deprecate the seriousness of the defendant's conduct
29             and  would  not  be  inconsistent  with  the ends of
30             justice.
31             Otherwise,  the  defendant  shall  be  sentenced  as
32        provided in this Chapter V.
33             (B)  If the defendant has already been sentenced for
34        a felony or misdemeanor offense, or has  been  placed  on
 
HB0087 Engrossed            -31-     LRB093 02293 DRJ 02708 b
 1        probation under Section 10 of the Cannabis Control Act or
 2        Section  410  of  the Illinois Controlled Substances Act,
 3        the court may, upon motion of  the  State's  Attorney  to
 4        suspend the sentence imposed, commit the defendant to the
 5        custody  of  the Attorney General of the United States or
 6        his or her designated agent when:
 7                  (1)  a final  order  of  deportation  has  been
 8             issued against the defendant pursuant to proceedings
 9             under the Immigration and Nationality Act, and
10                  (2)  the deportation of the defendant would not
11             deprecate the seriousness of the defendant's conduct
12             and  would  not  be  inconsistent  with  the ends of
13             justice.
14             (C)  This subsection (l) does not apply to offenders
15        who are subject to the provisions  of  paragraph  (2)  of
16        subsection (a) of Section 3-6-3.
17             (D)  Upon  motion  of  the  State's  Attorney,  if a
18        defendant sentenced under this  Section  returns  to  the
19        jurisdiction of the United States, the defendant shall be
20        recommitted to the custody of the county from which he or
21        she  was  sentenced.  Thereafter,  the defendant shall be
22        brought before the sentencing court, which may impose any
23        sentence that was available under Section  5-5-3  at  the
24        time  of  initial sentencing.  In addition, the defendant
25        shall not be eligible for additional good conduct  credit
26        for meritorious service as provided under Section 3-6-6.
27        (m)  A   person   convicted  of  criminal  defacement  of
28    property under Section 21-1.3 of the Criminal Code  of  1961,
29    in  which  the  property damage exceeds $300 and the property
30    damaged is a school building, shall  be  ordered  to  perform
31    community  service  that  may  include  cleanup,  removal, or
32    painting over the defacement.
33        (n)  The court may  sentence  a  person  convicted  of  a
34    violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
 
HB0087 Engrossed            -32-     LRB093 02293 DRJ 02708 b
 1    Code of 1961 (i) to an impact incarceration  program  if  the
 2    person  is  otherwise eligible for that program under Section
 3    5-8-1.1, (ii) to community service, or (iii) if the person is
 4    an addict or alcoholic, as  defined  in  the  Alcoholism  and
 5    Other  Drug  Abuse  and  Dependency  Act,  to  a substance or
 6    alcohol abuse program licensed under that Act.
 7    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
 8    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
 9    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
10    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
11    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
12    7-19-02.)

13        Section 25.  The Probate Act of 1975 is amended by adding
14    Section 2-6.6 as follows:

15        (755 ILCS 5/2-6.6 new)
16        Sec. 2-6.6.  Person convicted of certain offenses against
17    the  elderly  or  disabled.    A person who is convicted of a
18    violation of Section 12-19, 12-21, or 16-1.3 of the  Criminal
19    Code  of 1961 may not receive any property, benefit, or other
20    interest by reason  of  the  death  of  the  victim  of  that
21    offense, whether as heir, legatee, beneficiary, joint tenant,
22    tenant  by the entirety, survivor, appointee, or in any other
23    capacity and whether the property, benefit, or other interest
24    passes  pursuant  to  any   form   of   title   registration,
25    testamentary   or   nontestamentary   instrument,  intestacy,
26    renunciation,  or  any  other  circumstance.   The  property,
27    benefit, or other  interest  shall  pass  as  if  the  person
28    convicted  of  a violation of Section 12-19, 12-21, or 16-1.3
29    of the Criminal  Code  of  1961  died  before  the  decedent;
30    provided  that  with  respect  to  joint  tenancy property or
31    property held  in  tenancy  by  the  entirety,  the  interest
32    possessed  prior to the death by the person convicted may not
 
HB0087 Engrossed            -33-     LRB093 02293 DRJ 02708 b
 1    be  diminished  by   the   application   of   this   Section.
 2    Notwithstanding  the  foregoing,  a  person  convicted  of  a
 3    violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
 4    Code of  1961  shall  be  entitled  to  receive  property,  a
 5    benefit,  or  an  interest  in  any  capacity  and  under any
 6    circumstances described in this Section if it is demonstrated
 7    by clear and convincing evidence  that  the  victim  of  that
 8    offense   knew  of  the  conviction  and  subsequent  to  the
 9    conviction  expressed  or  ratified  his  or  her  intent  to
10    transfer the property, benefit, or  interest  to  the  person
11    convicted  of  a violation of Section 12-19, 12-21, or 16-1.3
12    of the Criminal Code of 1961 in any  manner  contemplated  by
13    this Section.
14        The  holder  of any property subject to the provisions of
15    this Section is not liable for distributing or releasing  the
16    property  to the person convicted of violating Section 12-19,
17    12-21, or 16-1.3 of the Criminal Code of 1961.
18        If the holder is a financial institution, trust  company,
19    trustee, or similar entity or person, the holder shall not be
20    liable  for  any  distribution  or  release  of the property,
21    benefit, or other interest  to  the  person  convicted  of  a
22    violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
23    Code of 1961  unless  the  holder  knowingly  distributes  or
24    releases  the  property,  benefit,  or  other interest to the
25    person  so  convicted  after  first  having  received  actual
26    written notice of the conviction in sufficient  time  to  act
27    upon the notice.
28        The Department of State Police shall have access to State
29    of Illinois databases containing information that may help in
30    the  identification  or  location of persons convicted of the
31    offenses enumerated in this Section.  Interagency  agreements
32    shall be implemented, consistent with security and procedures
33    established  by the State agency and consistent with the laws
34    governing the  confidentiality  of  the  information  in  the
 
HB0087 Engrossed            -34-     LRB093 02293 DRJ 02708 b
 1    databases.  Information shall be used only for administration
 2    of this Section.