Bill Status of HB0051  103rd General Assembly

Short Description:  PROBATE-ELDER ABUSERS INHERIT

House Sponsors
Rep. Lou Lang - Robin Kelly - Robert F. Flider - Kenneth Dunkin - Mike Boland, Karen A. Yarbrough, Brandon W. Phelps, Kevin Joyce, Michael K. Smith, Ricca Slone, Dan Reitz, William J. Grunloh, Jack D. Franks, Linda Chapa LaVia and Sandra M. Pihos

Senate Sponsors
(Sen. Ira I. Silverstein - Jacqueline Y. Collins, Edward D. Maloney, Larry K. Bomke, Pamela J. Althoff, Richard J. Winkel, Jr. and Dale E. Risinger)

Last Action
DateChamber Action
  7/23/2003HousePublic Act . . . . . . . . . 93-0299

Statutes Amended In Order of Appearance
755 ILCS 5/2-6.2 new


Synopsis As Introduced
Amends the Probate Act of 1975. Denies benefits resulting from an individual's death to persons convicted of financially exploiting, abusing, or neglecting the decedent while the decedent was an elderly person.

House Committee Amendment No. 1
Provides that a person convicted of certain criminal offenses against elderly or disabled persons is entitled to receive property, a benefit, or an interest if it is demonstrated by clear and convincing evidence that the victim of the offense knew of the conviction and after the conviction expressed or ratified his or her intent to transfer the property, benefit, or interest to the person. Provides that if the holder of property subject to the provisions concerning a person convicted of such offenses is a financial institution, trust company, trustee, or similar entity or person, the holder is not liable for any distribution or release of the property, benefit, or other interest to the person unless the holder knowingly distributes or releases the property, benefit, or other interest to the person after first having received actual written notice of the conviction in sufficient time to act upon the notice. Requires a holder of such property to cooperate with law enforcement and judicial authorities if the holder knows (instead of knows or has reason to know) that a potential beneficiary has been convicted of one of those offenses. Provides that if the holder of such property is subject to regulation by a regulatory agency, including as a financial institution, corporate fiduciary, or insurance company, then the holder is not deemed to be in violation of the elder abuse provisions to the extent that privacy laws and regulations applicable to the holder prevent it from voluntarily providing law enforcement authorities or judicial officers with information.

Senate Floor Amendment No. 1
Deletes everything and reinserts the provisions of House Bill 51 engrossed, but with changes that include the following: (1) omits the definition of "elderly person", and provides that "abuse", "financial exploitation", and "neglect" mean offenses described in specified Sections of the Criminal Code of 1961 concerning offenses against elderly or disabled persons; and (2) makes the denial of entitlement to property, a benefit, or any other interest applicable to a person who commits an offense against a person with a disability (besides a person who commits an offense against an elderly person).

Actions 
DateChamber Action
  12/18/2002HousePrefiled with Clerk by Rep. Lou Lang
  1/8/2003HouseFirst Reading
  1/8/2003HouseReferred to Rules Committee
  1/23/2003HouseAssigned to Judiciary I - Civil Law Committee
  2/6/2003HouseAdded Chief Co-Sponsor Rep. Robin Kelly
  2/6/2003HouseAdded Chief Co-Sponsor Rep. Robert F. Flider
  2/21/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/21/2003HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/21/2003HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 018-000-000
  2/21/2003HousePlaced on Calendar 2nd Reading - Short Debate
  2/21/2003HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  2/21/2003HouseAdded Chief Co-Sponsor Rep. Mike Boland
  2/26/2003HouseSecond Reading - Short Debate
  2/26/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/27/2003HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/28/2003HouseThird Reading - Short Debate - Passed 116-000-000
  3/4/2003SenateArrive in Senate
  3/4/2003SenatePlaced on Calendar Order of First Reading March 5, 2003
  3/4/2003HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/4/2003HouseAdded Co-Sponsor Rep. Kevin Joyce
  3/4/2003HouseAdded Co-Sponsor Rep. Michael K. Smith
  3/4/2003HouseAdded Co-Sponsor Rep. Ricca Slone
  3/5/2003HouseAdded Co-Sponsor Rep. Dan Reitz
  3/21/2003SenateChief Senate Sponsor Sen. Ira I. Silverstein
  3/24/2003SenateFirst Reading
  3/24/2003SenateReferred to Rules
  4/3/2003SenateAssigned to Judiciary
  4/15/2003SenateAdded as Alternate Co-Sponsor Sen. Edward D. Maloney
  4/16/2003SenateDo Pass Judiciary; 010-000-000
  4/16/2003SenatePlaced on Calendar Order of 2nd Reading April 29, 2003
  4/29/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  4/29/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/1/2003SenateAdded as Alternate Co-Sponsor Sen. Larry K. Bomke
  5/5/2003SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/6/2003SenateAdded as Alternate Co-Sponsor Sen. Richard J. Winkel, Jr.
  5/6/2003SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  5/7/2003SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  5/8/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 010-000-000
  5/8/2003SenateSecond Reading
  5/8/2003SenatePlaced on Calendar Order of 3rd Reading
  5/8/2003SenateRecalled to Second Reading
  5/8/2003SenateSenate Floor Amendment No. 1 Adopted; Silverstein
  5/8/2003SenatePlaced on Calendar Order of 3rd Reading May 9, 2003
  5/8/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/13/2003SenateThird Reading - Passed; 058-000-000
  5/13/2003HouseArrived in House
  5/13/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/16/2003HouseAdded Co-Sponsor Rep. William J. Grunloh
  5/16/2003HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Lou Lang; Motion #1
  5/16/2003HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/20/2003HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Developmental Disabilities and Mental Illness Committee
  5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/28/2003HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Developmental Disabilities and Mental Illness Committee; 006-000-000
  5/29/2003HouseAdded Co-Sponsor Rep. Jack D. Franks
  5/29/2003HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  5/29/2003HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  5/29/2003HouseSenate Floor Amendment No. 1 House Concurs 117-000-000
  5/29/2003HousePassed Both Houses
  6/27/2003HouseSent to the Governor
  7/23/2003HouseGovernor Approved
  7/23/2003HouseEffective Date January 1, 2004
  7/23/2003HousePublic Act . . . . . . . . . 93-0299