Illinois General Assembly - Bill Status for HB1588

Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Replaces the current civil liability provision. Provides that an elderly person or a person with a disability who suffers injury, damage, or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse. Provides that the court shall award the following to a plaintiff who prevails in an action: (1) an amount equal to 3 times all economic damages resulting from the physical or financial abuse, or $500, whichever amount is greater; (2) an amount equal to 3 times all non-economic damages resulting from the physical or financial abuse; (3) reasonable attorney's fees incurred by the plaintiff; and (4) reasonable fees for the services of a guardian or guardian ad litem incurred by reason of the litigation of a claim brought under this provision. Provides that a person commencing an action under this provision must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced. Defines "financial abuse, and "physical abuse".

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Changes the civil liability provision of financial exploitation of an elderly person or a person with a disability. Deletes provision that civil liability only attaches if the person is charged by information or indictment with the offense and fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative. Provides that the civil liability provision shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. Provides that the civil provision applies whether or not the defendant has been charged or convicted of the criminal offense. Provides that in a civil action for financial exploitation of an elderly person or a person with a disability, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability (rather than unlawfully obtained the victim's property) shall be by a preponderance of the evidence.

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