093_HB0087ham001

 










                                     LRB093 02293 DRJ 11218 a

 1                     AMENDMENT TO HOUSE BILL 87

 2        AMENDMENT NO.     .  Amend House Bill 87 on  page  2,  by
 3    replacing lines 15 through 20 with the following:
 4        "(g)  solicitation  of  financial  institutions  for  the
 5    purpose of making information available to the general public
 6    warning  of financial exploitation of the elderly and related
 7    financial fraud or  abuse,  including  such  information  and
 8    warnings available through signage or other written materials
 9    provided  by the Department on the premises of such financial
10    institutions, provided  that  the  manner  of  displaying  or
11    distributing   such   information  is  subject  to  the  sole
12    discretion of each financial institution; and"; and

13    by replacing lines 33 and 34 on page 4 and lines 1 and  2  on
14    page 5 with the following:
15        "(e)  Any  physician  who  willfully  fails  to report as
16    required by this Act shall be referred to the Illinois  State
17    Medical  Disciplinary  Board  for  action  in accordance with
18    subdivision (A)(22) of Section 22 of the Medical Practice Act
19    of 1987.  Any dentist or dental hygienist who willfully fails
20    to report as required by this Act shall be  referred  to  the
21    Department   of   Professional   Regulation   for  action  in
22    accordance with paragraph 19 of Section 23  of  the  Illinois
23    Dental Practice Act.  Any other mandated reporter required by
 
                            -2-      LRB093 02293 DRJ 11218 a
 1    this  Act  to  report  suspected abuse, neglect, or financial
 2    exploitation who willfully fails to report the same is guilty
 3    of a Class A misdemeanor."; and

 4    on  page  6,  by  replacing  lines  3  through  10  with  the
 5    following:
 6    "neglects a long term care facility resident is guilty  of  a
 7    Class  4  felony.  A  person whose criminal neglect of a long
 8    term care facility resident results in the  resident's  death
 9    is  guilty of a Class 3 felony. However, nothing herein shall
10    be deemed to"; and

11    on page 7, by replacing lines 4 through 7 with the following:
12             "(2)  "Criminal neglect"  means  an  act  whereby  a
13        person recklessly (i) performs acts that cause an elderly
14        person's  or  person  with  a  disability's  life  to  be
15        endangered,   health   to  be  injured,  or  pre-existing
16        physical or mental  condition  to  deteriorate,  or  (ii)
17        fails  to perform acts that he or she knows or reasonably
18        should know are necessary to  maintain  or  preserve  the
19        life  or  health  of  an  elderly person or person with a
20        disability, and that failure causes the elderly  person's
21        or  person  with  a  disability's  life to be endangered,
22        health to be injured, or pre-existing physical or  mental
23        condition to deteriorate, or (iii) abandons an an elderly
24        person or person with a disability. "Gross neglect" means
25        recklessly   failing   to  provide  adequate  medical  or
26        personal care or maintenance, which  failure  results  in
27        physical  or  mental  injury  or  the  deterioration of a
28        physical or mental condition."; and

29    on page 32, by replacing line 26 with the following:
30    "be  diminished  by  the   application   of   this   Section.
31    Notwithstanding  the  foregoing,  a  person  convicted  of  a
32    violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
33    Code of  1961  shall  be  entitled  to  receive  property,  a
 
                            -3-      LRB093 02293 DRJ 11218 a
 1    benefit,  or  an  interest  in  any  capacity  and  under any
 2    circumstances described in this Section if it is demonstrated
 3    by clear and convincing evidence  that  the  victim  of  that
 4    offense   knew  of  the  conviction  and  subsequent  to  the
 5    conviction  expressed  or  ratified  his  or  her  intent  to
 6    transfer the property, benefit, or  interest  to  the  person
 7    convicted  of  a violation of Section 12-19, 12-21, or 16-1.3
 8    of the Criminal Code of 1961 in any  manner  contemplated  by
 9    this Section."; and

10    on  page  32,  between  lines  30  and  31,  by inserting the
11    following:
12        "If the holder is a financial institution, trust company,
13    trustee, or similar entity or person, the holder shall not be
14    liable for any  distribution  or  release  of  the  property,
15    benefit,  or  other  interest  to  the  person convicted of a
16    violation of Section 12-19, 12-21, or 16-1.3 of the  Criminal
17    Code  of  1961  unless  the  holder  knowingly distributes or
18    releases the property, benefit,  or  other  interest  to  the
19    person  so  convicted  after  first  having  received  actual
20    written  notice  of  the conviction in sufficient time to act
21    upon the notice.".