Illinois General Assembly - Full Text of SB0701
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Full Text of SB0701  102nd General Assembly

SB0701enr 102ND GENERAL ASSEMBLY



 


 
SB0701 EnrolledLRB102 04507 KTG 14526 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adult Protective Services Act is amended by
5changing Sections 2, 3, 3.5, 4, 4.1, 4.2, 5, 7.1, 7.5, 8, 9,
613, and 15 and by adding Sections 3.3 and 3.6 as follows:
 
7    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
8    Sec. 2. Definitions. As used in this Act, unless the
9context requires otherwise:
10    (a) "Abandonment" means the desertion or willful forsaking
11of an eligible adult by an individual responsible for the care
12and custody of that eligible adult under circumstances in
13which a reasonable person would continue to provide care and
14custody. Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abandonment because of health
16care services provided or not provided by licensed health care
17professionals.
18    (a-1) (a) "Abuse" means causing any physical, mental or
19sexual injury to an eligible adult, including exploitation of
20such adult's financial resources, and abandonment.
21    Nothing in this Act shall be construed to mean that an
22eligible adult is a victim of abuse, abandonment, neglect, or
23self-neglect for the sole reason that he or she is being

 

 

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1furnished with or relies upon treatment by spiritual means
2through prayer alone, in accordance with the tenets and
3practices of a recognized church or religious denomination.
4    Nothing in this Act shall be construed to mean that an
5eligible adult is a victim of abuse because of health care
6services provided or not provided by licensed health care
7professionals.
8    (a-5) "Abuser" means a person who abuses, abandons,
9neglects, or financially exploits an eligible adult.
10    (a-6) "Adult with disabilities" means a person aged 18
11through 59 who resides in a domestic living situation and
12whose disability as defined in subsection (c-5) impairs his or
13her ability to seek or obtain protection from abuse,
14abandonment, neglect, or exploitation.
15    (a-7) "Caregiver" means a person who either as a result of
16a family relationship, voluntarily, or in exchange for
17compensation has assumed responsibility for all or a portion
18of the care of an eligible adult who needs assistance with
19activities of daily living or instrumental activities of daily
20living.
21    (b) "Department" means the Department on Aging of the
22State of Illinois.
23    (c) "Director" means the Director of the Department.
24    (c-5) "Disability" means a physical or mental disability,
25including, but not limited to, a developmental disability, an
26intellectual disability, a mental illness as defined under the

 

 

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1Mental Health and Developmental Disabilities Code, or dementia
2as defined under the Alzheimer's Disease Assistance Act.
3    (d) "Domestic living situation" means a residence where
4the eligible adult at the time of the report lives alone or
5with his or her family or a caregiver, or others, or other
6community-based unlicensed facility, but is not:
7        (1) A licensed facility as defined in Section 1-113 of
8    the Nursing Home Care Act;
9        (1.5) A facility licensed under the ID/DD Community
10    Care Act;
11        (1.6) A facility licensed under the MC/DD Act;
12        (1.7) A facility licensed under the Specialized Mental
13    Health Rehabilitation Act of 2013;
14        (2) A "life care facility" as defined in the Life Care
15    Facilities Act;
16        (3) A home, institution, or other place operated by
17    the federal government or agency thereof or by the State
18    of Illinois;
19        (4) A hospital, sanitarium, or other institution, the
20    principal activity or business of which is the diagnosis,
21    care, and treatment of human illness through the
22    maintenance and operation of organized facilities
23    therefor, which is required to be licensed under the
24    Hospital Licensing Act;
25        (5) A "community living facility" as defined in the
26    Community Living Facilities Licensing Act;

 

 

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1        (6) (Blank);
2        (7) A "community-integrated living arrangement" as
3    defined in the Community-Integrated Living Arrangements
4    Licensure and Certification Act or a "community
5    residential alternative" as licensed under that Act;
6        (8) An assisted living or shared housing establishment
7    as defined in the Assisted Living and Shared Housing Act;
8    or
9        (9) A supportive living facility as described in
10    Section 5-5.01a of the Illinois Public Aid Code.
11    (e) "Eligible adult" means either an adult with
12disabilities aged 18 through 59 or a person aged 60 or older
13who resides in a domestic living situation and is, or is
14alleged to be, abused, abandoned, neglected, or financially
15exploited by another individual or who neglects himself or
16herself. "Eligible adult" also includes an adult who resides
17in any of the facilities that are excluded from the definition
18of "domestic living situation" under paragraphs (1) through
19(9) of subsection (d), if either: (i) the alleged abuse,
20abandonment, or neglect occurs outside of the facility and not
21under facility supervision and the alleged abuser is a family
22member, caregiver, or another person who has a continuing
23relationship with the adult; or (ii) the alleged financial
24exploitation is perpetrated by a family member, caregiver, or
25another person who has a continuing relationship with the
26adult, but who is not an employee of the facility where the

 

 

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1adult resides.
2    (f) "Emergency" means a situation in which an eligible
3adult is living in conditions presenting a risk of death or
4physical, mental or sexual injury and the provider agency has
5reason to believe the eligible adult is unable to consent to
6services which would alleviate that risk.
7    (f-1) "Financial exploitation" means the use of an
8eligible adult's resources by another to the disadvantage of
9that adult or the profit or advantage of a person other than
10that adult.
11    (f-5) "Mandated reporter" means any of the following
12persons while engaged in carrying out their professional
13duties:
14        (1) a professional or professional's delegate while
15    engaged in: (i) social services, (ii) law enforcement,
16    (iii) education, (iv) the care of an eligible adult or
17    eligible adults, or (v) any of the occupations required to
18    be licensed under the Clinical Psychologist Licensing Act,
19    the Clinical Social Work and Social Work Practice Act, the
20    Illinois Dental Practice Act, the Dietitian Nutritionist
21    Practice Act, the Marriage and Family Therapy Licensing
22    Act, the Medical Practice Act of 1987, the Naprapathic
23    Practice Act, the Nurse Practice Act, the Nursing Home
24    Administrators Licensing and Disciplinary Act, the
25    Illinois Occupational Therapy Practice Act, the Illinois
26    Optometric Practice Act of 1987, the Pharmacy Practice

 

 

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1    Act, the Illinois Physical Therapy Act, the Physician
2    Assistant Practice Act of 1987, the Podiatric Medical
3    Practice Act of 1987, the Respiratory Care Practice Act,
4    the Professional Counselor and Clinical Professional
5    Counselor Licensing and Practice Act, the Illinois
6    Speech-Language Pathology and Audiology Practice Act, the
7    Veterinary Medicine and Surgery Practice Act of 2004, and
8    the Illinois Public Accounting Act;
9        (1.5) an employee of an entity providing developmental
10    disabilities services or service coordination funded by
11    the Department of Human Services;
12        (2) an employee of a vocational rehabilitation
13    facility prescribed or supervised by the Department of
14    Human Services;
15        (3) an administrator, employee, or person providing
16    services in or through an unlicensed community based
17    facility;
18        (4) any religious practitioner who provides treatment
19    by prayer or spiritual means alone in accordance with the
20    tenets and practices of a recognized church or religious
21    denomination, except as to information received in any
22    confession or sacred communication enjoined by the
23    discipline of the religious denomination to be held
24    confidential;
25        (5) field personnel of the Department of Healthcare
26    and Family Services, Department of Public Health, and

 

 

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1    Department of Human Services, and any county or municipal
2    health department;
3        (6) personnel of the Department of Human Services, the
4    Guardianship and Advocacy Commission, the State Fire
5    Marshal, local fire departments, the Department on Aging
6    and its subsidiary Area Agencies on Aging and provider
7    agencies, and the Office of State Long Term Care
8    Ombudsman;
9        (7) any employee of the State of Illinois not
10    otherwise specified herein who is involved in providing
11    services to eligible adults, including professionals
12    providing medical or rehabilitation services and all other
13    persons having direct contact with eligible adults;
14        (8) a person who performs the duties of a coroner or
15    medical examiner; or
16        (9) a person who performs the duties of a paramedic or
17    an emergency medical technician.
18    (g) "Neglect" means another individual's failure to
19provide an eligible adult with or willful withholding from an
20eligible adult the necessities of life including, but not
21limited to, food, clothing, shelter or health care. This
22subsection does not create any new affirmative duty to provide
23support to eligible adults. Nothing in this Act shall be
24construed to mean that an eligible adult is a victim of neglect
25because of health care services provided or not provided by
26licensed health care professionals.

 

 

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1    (h) "Provider agency" means any public or nonprofit agency
2in a planning and service area that is selected by the
3Department or appointed by the regional administrative agency
4with prior approval by the Department on Aging to receive and
5assess reports of alleged or suspected abuse, abandonment,
6neglect, or financial exploitation. A provider agency is also
7referenced as a "designated agency" in this Act.
8    (i) "Regional administrative agency" means any public or
9nonprofit agency in a planning and service area that provides
10regional oversight and performs functions as set forth in
11subsection (b) of Section 3 of this Act. The Department shall
12designate an Area Agency on Aging as the regional
13administrative agency or, in the event the Area Agency on
14Aging in that planning and service area is deemed by the
15Department to be unwilling or unable to provide those
16functions, the Department may serve as the regional
17administrative agency or designate another qualified entity to
18serve as the regional administrative agency; any such
19designation shall be subject to terms set forth by the
20Department.
21    (i-5) "Self-neglect" means a condition that is the result
22of an eligible adult's inability, due to physical or mental
23impairments, or both, or a diminished capacity, to perform
24essential self-care tasks that substantially threaten his or
25her own health, including: providing essential food, clothing,
26shelter, and health care; and obtaining goods and services

 

 

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1necessary to maintain physical health, mental health,
2emotional well-being, and general safety. The term includes
3compulsive hoarding, which is characterized by the acquisition
4and retention of large quantities of items and materials that
5produce an extensively cluttered living space, which
6significantly impairs the performance of essential self-care
7tasks or otherwise substantially threatens life or safety.
8    (j) "Substantiated case" means a reported case of alleged
9or suspected abuse, abandonment, neglect, financial
10exploitation, or self-neglect in which a provider agency,
11after assessment, determines that there is reason to believe
12abuse, abandonment, neglect, or financial exploitation has
13occurred.
14    (k) "Verified" means a determination that there is "clear
15and convincing evidence" that the specific injury or harm
16alleged was the result of abuse, abandonment, neglect, or
17financial exploitation.
18(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 
19    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
20    Sec. 3. Responsibilities.
21    (a) The Department shall establish, design, and manage a
22protective services program for eligible adults who have been,
23or are alleged to be, victims of abuse, abandonment, neglect,
24financial exploitation, or self-neglect. The Department shall
25contract with or fund, or contract with and fund, regional

 

 

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1administrative agencies, provider agencies, or both, for the
2provision of those functions, and, contingent on adequate
3funding, with attorneys or legal services provider agencies
4for the provision of legal assistance pursuant to this Act.
5For self-neglect, the program shall include the following
6services for eligible adults who have been removed from their
7residences for the purpose of cleanup or repairs: temporary
8housing; counseling; and caseworker services to try to ensure
9that the conditions necessitating the removal do not reoccur.
10    (a-1) The Department shall by rule develop standards for
11minimum staffing levels and staff qualifications. The
12Department shall by rule establish mandatory standards for the
13investigation of abuse, abandonment, neglect, financial
14exploitation, or self-neglect of eligible adults and mandatory
15procedures for linking eligible adults to appropriate services
16and supports.
17    (a-5) A provider agency shall, in accordance with rules
18promulgated by the Department, establish a multi-disciplinary
19team to act in an advisory role for the purpose of providing
20professional knowledge and expertise in the handling of
21complex abuse cases involving eligible adults. Each
22multi-disciplinary team shall consist of one volunteer
23representative from the following professions: banking or
24finance; disability care; health care; law; law enforcement;
25mental health care; and clergy. A provider agency may also
26choose to add representatives from the fields of substance

 

 

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1abuse, domestic violence, sexual assault, or other related
2fields. To support multi-disciplinary teams in this role, law
3enforcement agencies and coroners or medical examiners shall
4supply records as may be requested in particular cases.
5    (b) Each regional administrative agency shall designate
6provider agencies within its planning and service area with
7prior approval by the Department on Aging, monitor the use of
8services, provide technical assistance to the provider
9agencies and be involved in program development activities.
10    (c) Provider agencies shall assist, to the extent
11possible, eligible adults who need agency services to allow
12them to continue to function independently. Such assistance
13shall include, but not be limited to, receiving reports of
14alleged or suspected abuse, abandonment, neglect, financial
15exploitation, or self-neglect, conducting face-to-face
16assessments of such reported cases, determination of
17substantiated cases, referral of substantiated cases for
18necessary support services, referral of criminal conduct to
19law enforcement in accordance with Department guidelines, and
20provision of case work and follow-up services on substantiated
21cases. In the case of a report of alleged or suspected abuse,
22abandonment, or neglect that places an eligible adult at risk
23of injury or death, a provider agency shall respond to the
24report on an emergency basis in accordance with guidelines
25established by the Department by administrative rule and shall
26ensure that it is capable of responding to such a report 24

 

 

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1hours per day, 7 days per week. A provider agency may use an
2on-call system to respond to reports of alleged or suspected
3abuse, abandonment, or neglect after hours and on weekends.
4    (c-5) Where a provider agency has reason to believe that
5the death of an eligible adult may be the result of abuse,
6abandonment, or neglect, including any reports made after
7death, the agency shall immediately report the matter to both
8the appropriate law enforcement agency and the coroner or
9medical examiner. Between 30 and 45 days after making such a
10report, the provider agency again shall contact the law
11enforcement agency and coroner or medical examiner to
12determine whether any further action was taken. Upon request
13by a provider agency, a law enforcement agency and coroner or
14medical examiner shall supply a summary of its action in
15response to a reported death of an eligible adult. A copy of
16the report shall be maintained and all subsequent follow-up
17with the law enforcement agency and coroner or medical
18examiner shall be documented in the case record of the
19eligible adult. If the law enforcement agency, coroner, or
20medical examiner determines the reported death was caused by
21abuse, abandonment, or neglect by a caregiver, the law
22enforcement agency, coroner, or medical examiner shall inform
23the Department, and the Department shall report the
24caregiver's identity on the Registry as described in Section
257.5 of this Act.
26    (d) Upon sufficient appropriations to implement a

 

 

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1statewide program, the Department shall implement a program,
2based on the recommendations of the Self-Neglect Steering
3Committee, for (i) responding to reports of possible
4self-neglect, (ii) protecting the autonomy, rights, privacy,
5and privileges of adults during investigations of possible
6self-neglect and consequential judicial proceedings regarding
7competency, (iii) collecting and sharing relevant information
8and data among the Department, provider agencies, regional
9administrative agencies, and relevant seniors, (iv) developing
10working agreements between provider agencies and law
11enforcement, where practicable, and (v) developing procedures
12for collecting data regarding incidents of self-neglect.
13(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
14    (320 ILCS 20/3.3 new)
15    Sec. 3.3. Adult protective services trauma-informed
16training.
17    (a) This Section applies to any person who is employed by
18the Department in the Adult Protective Services division, or
19is contracted with the Department, and works on the
20development and implementation of social services to respond
21to and prevent adult abuse, neglect, or exploitation.
22    (b) Subject to appropriation, the Department shall offer
23an annual trauma-informed training program that includes (i)
24instruction on how trauma impacts caseworkers and other
25employees who respond to and prevent adult abuse, neglect,

 

 

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1exploitation, or abandonment, (ii) a review of the meaning and
2impact of secondary trauma, and (iii) information about
3strategies to identify and address secondary trauma in
4caseworkers and other employees who work with adults who may
5have experienced abuse, neglect, exploitation, or abandonment.
6    (c) Any trauma-informed training offered by the Department
7shall cover the following:
8        (1) The widespread impact of secondary trauma on
9    caseworkers and other employees who work with adults who
10    may have experienced abuse, neglect, exploitation, or
11    abandonment.
12        (2) An understanding of who is at risk for developing
13    secondary trauma.
14        (3) Relevant and realistic case studies involving
15    traumatic situations that other caseworkers and employees
16    who work with adults who may have experienced abuse,
17    neglect, exploitation, or abandonment have encountered in
18    their work.
19        (4) Symptoms and causes of secondary trauma in
20    caseworkers and other employees who work with adults who
21    may have experienced abuse, neglect, exploitation, or
22    abandonment.
23        (5) Strategies for prevention and intervention in
24    cases of secondary trauma involving caseworkers or other
25    employees who work with adults who may have experienced
26    abuse, neglect, exploitation, or abandonment, including

 

 

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1    the development of a self-care plan.
2        (6) How to incorporate monitoring and support
3    techniques for employees experiencing secondary trauma
4    into departmental policies, guidelines, and protocols.
5    (d) This Section is designed to address gaps in current
6trauma-informed training requirements for employees of the
7Office of Adult Protective Services and to improve the quality
8of training. If any law or rule existing on the effective date
9of this amendatory Act of the 102nd General Assembly contains
10more rigorous training requirements for employees of the
11Office of Adult Protective Services, then that law or rule
12applies. If there is overlap between this Section and other
13laws and rules, the Department shall interpret this Section to
14avoid duplication of requirements while ensuring that the
15minimum requirements set in this Section are met.
16    (e) The Department may adopt rules to implement this
17Section.
 
18    (320 ILCS 20/3.5)
19    Sec. 3.5. Other responsibilities. The Department shall
20also be responsible for the following activities, contingent
21upon adequate funding; implementation shall be expanded to
22adults with disabilities upon the effective date of this
23amendatory Act of the 98th General Assembly, except those
24responsibilities under subsection (a), which shall be
25undertaken as soon as practicable:

 

 

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1        (a) promotion of a wide range of endeavors for the
2    purpose of preventing abuse, abandonment, neglect,
3    financial exploitation, and self-neglect, including, but
4    not limited to, promotion of public and professional
5    education to increase awareness of abuse, abandonment,
6    neglect, financial exploitation, and self-neglect; to
7    increase reports; to establish access to and use of the
8    Registry established under Section 7.5; and to improve
9    response by various legal, financial, social, and health
10    systems;
11        (b) coordination of efforts with other agencies,
12    councils, and like entities, to include but not be limited
13    to, the Administrative Office of the Illinois Courts, the
14    Office of the Attorney General, the State Police, the
15    Illinois Law Enforcement Training Standards Board, the
16    State Triad, the Illinois Criminal Justice Information
17    Authority, the Departments of Public Health, Healthcare
18    and Family Services, and Human Services, the Illinois
19    Guardianship and Advocacy Commission, the Family Violence
20    Coordinating Council, the Illinois Violence Prevention
21    Authority, and other entities which may impact awareness
22    of, and response to, abuse, abandonment, neglect,
23    financial exploitation, and self-neglect;
24        (c) collection and analysis of data;
25        (d) monitoring of the performance of regional
26    administrative agencies and adult protective services

 

 

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1    agencies;
2        (e) promotion of prevention activities;
3        (f) establishing and coordinating an aggressive
4    training program on the unique nature of adult abuse cases
5    with other agencies, councils, and like entities, to
6    include but not be limited to the Office of the Attorney
7    General, the State Police, the Illinois Law Enforcement
8    Training Standards Board, the State Triad, the Illinois
9    Criminal Justice Information Authority, the State
10    Departments of Public Health, Healthcare and Family
11    Services, and Human Services, the Family Violence
12    Coordinating Council, the Illinois Violence Prevention
13    Authority, the agency designated by the Governor under
14    Section 1 of the Protection and Advocacy for Persons with
15    Developmental Disabilities Act, and other entities that
16    may impact awareness of and response to abuse,
17    abandonment, neglect, financial exploitation, and
18    self-neglect;
19        (g) solicitation of financial institutions for the
20    purpose of making information available to the general
21    public warning of financial exploitation of adults and
22    related financial fraud or abuse, including such
23    information and warnings available through signage or
24    other written materials provided by the Department on the
25    premises of such financial institutions, provided that the
26    manner of displaying or distributing such information is

 

 

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1    subject to the sole discretion of each financial
2    institution;
3        (g-1) developing by joint rulemaking with the
4    Department of Financial and Professional Regulation
5    minimum training standards which shall be used by
6    financial institutions for their current and new employees
7    with direct customer contact; the Department of Financial
8    and Professional Regulation shall retain sole visitation
9    and enforcement authority under this subsection (g-1); the
10    Department of Financial and Professional Regulation shall
11    provide bi-annual reports to the Department setting forth
12    aggregate statistics on the training programs required
13    under this subsection (g-1); and
14        (h) coordinating efforts with utility and electric
15    companies to send notices in utility bills to explain to
16    persons 60 years of age or older their rights regarding
17    telemarketing and home repair fraud.
18(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1999-143, eff. 7-27-15.)
 
20    (320 ILCS 20/3.6 new)
21    Sec. 3.6. Elder abuse risk assessment tool.
22    (a) The Department shall develop and implement a
23demonstration project to allow for the use of a risk
24assessment tool to assist in identifying elderly persons,
25including homebound persons, who may be experiencing elder

 

 

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1abuse, abandonment, neglect, or exploitation and providing the
2necessary support to address elder abuse, abandonment,
3neglect, or exploitation. The Department shall finalize
4planning on the demonstration project no later than December
51, 2023 with implementation beginning no later than January 1,
62024. The risk assessment tool shall identify (i) the level of
7risk for elder abuse, abandonment, neglect, or exploitation;
8(ii) risk factors causing the abuse, abandonment, neglect, or
9exploitation; and (iii) appropriate follow-up and action in
10response to any suspected abuse, abandonment, neglect, or
11exploitation. In identifying a risk assessment tool, the
12Department shall coordinate with all of the following:
13        (1) The Department of Healthcare and Family Services.
14        (2) A hospital, hospital system, or a statewide
15    association representing hospitals.
16        (3) A managed care organization or a statewide
17    association representing managed care organizations.
18        (4) A Care Coordination Unit.
19        (5) An Area Agency on Aging or a statewide association
20    representing Area Agencies on Aging.
21        (6) Legal aid providers.
22        (7) A financial institution or a statewide association
23    representing financial institutions.
24        (8) Adult Protective Services providers.
25    (b) The risk assessment tool shall be comprehensive and
26include all of the following components:

 

 

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1        (1) Client demographics.
2        (2) Indicators of elder abuse, abandonment, neglect,
3    or exploitation.
4        (3) Contributing risk factors for abuse, abandonment,
5    neglect, or exploitation.
6        (4) Overall level of risk on a scale of low, medium,
7    and high-risk level.
8        (5) Appropriate follow-up and action.
9        (6) Client outcomes.
10    (c) If any hospital employee, social worker, or other
11employee utilizing the risk assessment tool identifies that an
12elderly person is at risk for elder abuse, abandonment,
13neglect, or exploitation, the employee shall utilize the risk
14assessment tool to refer the elderly person to a managed care
15organization, legal aid service, Adult Protective Services
16provider, or other needed services and supports.
17    (d) The Department may adopt rules to implement this
18Section.
 
19    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
20    Sec. 4. Reports of abuse, abandonment, or neglect.
21    (a) Any person who suspects the abuse, abandonment,
22neglect, financial exploitation, or self-neglect of an
23eligible adult may report this suspicion to an agency
24designated to receive such reports under this Act or to the
25Department.

 

 

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1    (a-5) If any mandated reporter has reason to believe that
2an eligible adult, who because of a disability or other
3condition or impairment is unable to seek assistance for
4himself or herself, has, within the previous 12 months, been
5subjected to abuse, abandonment, neglect, or financial
6exploitation, the mandated reporter shall, within 24 hours
7after developing such belief, report this suspicion to an
8agency designated to receive such reports under this Act or to
9the Department. The agency designated to receive such reports
10under this Act or the Department may establish a manner in
11which a mandated reporter can make the required report through
12an Internet reporting tool. Information sent and received
13through the Internet reporting tool is subject to the same
14rules in this Act as other types of confidential reporting
15established by the designated agency or the Department.
16Whenever a mandated reporter is required to report under this
17Act in his or her capacity as a member of the staff of a
18medical or other public or private institution, facility, or
19agency, he or she shall make a report to an agency designated
20to receive such reports under this Act or to the Department in
21accordance with the provisions of this Act and may also notify
22the person in charge of the institution, facility, or agency
23or his or her designated agent that the report has been made.
24Under no circumstances shall any person in charge of such
25institution, facility, or agency, or his or her designated
26agent to whom the notification has been made, exercise any

 

 

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1control, restraint, modification, or other change in the
2report or the forwarding of the report to an agency designated
3to receive such reports under this Act or to the Department.
4The privileged quality of communication between any
5professional person required to report and his or her patient
6or client shall not apply to situations involving abused,
7abandoned, neglected, or financially exploited eligible adults
8and shall not constitute grounds for failure to report as
9required by this Act.
10    (a-7) A person making a report under this Act in the belief
11that it is in the alleged victim's best interest shall be
12immune from criminal or civil liability or professional
13disciplinary action on account of making the report,
14notwithstanding any requirements concerning the
15confidentiality of information with respect to such eligible
16adult which might otherwise be applicable.
17    (a-9) Law enforcement officers shall continue to report
18incidents of alleged abuse pursuant to the Illinois Domestic
19Violence Act of 1986, notwithstanding any requirements under
20this Act.
21    (b) Any person, institution or agency participating in the
22making of a report, providing information or records related
23to a report, assessment, or services, or participating in the
24investigation of a report under this Act in good faith, or
25taking photographs or x-rays as a result of an authorized
26assessment, shall have immunity from any civil, criminal or

 

 

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1other liability in any civil, criminal or other proceeding
2brought in consequence of making such report or assessment or
3on account of submitting or otherwise disclosing such
4photographs or x-rays to any agency designated to receive
5reports of alleged or suspected abuse, abandonment, or
6neglect. Any person, institution or agency authorized by the
7Department to provide assessment, intervention, or
8administrative services under this Act shall, in the good
9faith performance of those services, have immunity from any
10civil, criminal or other liability in any civil, criminal, or
11other proceeding brought as a consequence of the performance
12of those services. For the purposes of any civil, criminal, or
13other proceeding, the good faith of any person required to
14report, permitted to report, or participating in an
15investigation of a report of alleged or suspected abuse,
16abandonment, neglect, financial exploitation, or self-neglect
17shall be presumed.
18    (c) The identity of a person making a report of alleged or
19suspected abuse, abandonment, neglect, financial exploitation,
20or self-neglect under this Act may be disclosed by the
21Department or other agency provided for in this Act only with
22such person's written consent or by court order, but is
23otherwise confidential.
24    (d) The Department shall by rule establish a system for
25filing and compiling reports made under this Act.
26    (e) Any physician who willfully fails to report as

 

 

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1required by this Act shall be referred to the Illinois State
2Medical Disciplinary Board for action in accordance with
3subdivision (A)(22) of Section 22 of the Medical Practice Act
4of 1987. Any dentist or dental hygienist who willfully fails
5to report as required by this Act shall be referred to the
6Department of Professional Regulation for action in accordance
7with paragraph 19 of Section 23 of the Illinois Dental
8Practice Act. Any optometrist who willfully fails to report as
9required by this Act shall be referred to the Department of
10Financial and Professional Regulation for action in accordance
11with paragraph (15) of subsection (a) of Section 24 of the
12Illinois Optometric Practice Act of 1987. Any other mandated
13reporter required by this Act to report suspected abuse,
14abandonment, neglect, or financial exploitation who willfully
15fails to report the same is guilty of a Class A misdemeanor.
16(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
1798-1039, eff. 8-25-14.)
 
18    (320 ILCS 20/4.1)
19    Sec. 4.1. Employer discrimination. No employer shall
20discharge, demote or suspend, or threaten to discharge, demote
21or suspend, or in any manner discriminate against any employee
22who makes any good faith oral or written report of suspected
23abuse, abandonment, neglect, or financial exploitation or who
24is or will be a witness or testify in any investigation or
25proceeding concerning a report of suspected abuse,

 

 

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1abandonment, neglect, or financial exploitation.
2(Source: P.A. 98-49, eff. 7-1-13.)
 
3    (320 ILCS 20/4.2)
4    Sec. 4.2. Testimony by mandated reporter and investigator.
5Any mandated reporter who makes a report or any person who
6investigates a report under this Act shall testify fully in
7any judicial proceeding resulting from such report, as to any
8evidence of abuse, abandonment, neglect, or financial
9exploitation or the cause thereof. Any mandated reporter who
10is required to report a suspected case of abuse, abandonment,
11neglect, or financial exploitation under Section 4 of this Act
12shall testify fully in any administrative hearing resulting
13from such report, as to any evidence of abuse, abandonment,
14neglect, or financial exploitation or the cause thereof. No
15evidence shall be excluded by reason of any common law or
16statutory privilege relating to communications between the
17alleged abuser or the eligible adult subject of the report
18under this Act and the person making or investigating the
19report.
20(Source: P.A. 90-628, eff. 1-1-99.)
 
21    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
22    Sec. 5. Procedure.
23    (a) A provider agency designated to receive reports of
24alleged or suspected abuse, abandonment, neglect, financial

 

 

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1exploitation, or self-neglect under this Act shall, upon
2receiving such a report, conduct a face-to-face assessment
3with respect to such report, in accord with established law
4and Department protocols, procedures, and policies.
5Face-to-face assessments, casework, and follow-up of reports
6of self-neglect by the provider agencies designated to receive
7reports of self-neglect shall be subject to sufficient
8appropriation for statewide implementation of assessments,
9casework, and follow-up of reports of self-neglect. In the
10absence of sufficient appropriation for statewide
11implementation of assessments, casework, and follow-up of
12reports of self-neglect, the designated adult protective
13services provider agency shall refer all reports of
14self-neglect to the appropriate agency or agencies as
15designated by the Department for any follow-up. The assessment
16shall include, but not be limited to, a visit to the residence
17of the eligible adult who is the subject of the report and
18shall include interviews or consultations regarding the
19allegations with service agencies, immediate family members,
20and individuals who may have knowledge of the eligible adult's
21circumstances based on the consent of the eligible adult in
22all instances, except where the provider agency is acting in
23the best interest of an eligible adult who is unable to seek
24assistance for himself or herself and where there are
25allegations against a caregiver who has assumed
26responsibilities in exchange for compensation. If, after the

 

 

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1assessment, the provider agency determines that the case is
2substantiated it shall develop a service care plan for the
3eligible adult and may report its findings at any time during
4the case to the appropriate law enforcement agency in accord
5with established law and Department protocols, procedures, and
6policies. In developing a case plan, the provider agency may
7consult with any other appropriate provider of services, and
8such providers shall be immune from civil or criminal
9liability on account of such acts. The plan shall include
10alternative suggested or recommended services which are
11appropriate to the needs of the eligible adult and which
12involve the least restriction of the eligible adult's
13activities commensurate with his or her needs. Only those
14services to which consent is provided in accordance with
15Section 9 of this Act shall be provided, contingent upon the
16availability of such services.
17    (b) A provider agency shall refer evidence of crimes
18against an eligible adult to the appropriate law enforcement
19agency according to Department policies. A referral to law
20enforcement may be made at intake or any time during the case.
21Where a provider agency has reason to believe the death of an
22eligible adult may be the result of abuse, abandonment, or
23neglect, the agency shall immediately report the matter to the
24coroner or medical examiner and shall cooperate fully with any
25subsequent investigation.
26    (c) If any person other than the alleged victim refuses to

 

 

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1allow the provider agency to begin an investigation,
2interferes with the provider agency's ability to conduct an
3investigation, or refuses to give access to an eligible adult,
4the appropriate law enforcement agency must be consulted
5regarding the investigation.
6(Source: P.A. 101-496, eff. 1-1-20.)
 
7    (320 ILCS 20/7.1)
8    Sec. 7.1. Final investigative report. A provider agency
9shall prepare a final investigative report, upon the
10completion or closure of an investigation, in all cases of
11reported abuse, abandonment, neglect, financial exploitation,
12or self-neglect of an eligible adult, whether or not there is a
13substantiated finding.
14(Source: P.A. 98-49, eff. 7-1-13.)
 
15    (320 ILCS 20/7.5)
16    Sec. 7.5. Registry.
17    (a) To protect individuals receiving in-home and
18community-based services, the Department on Aging shall
19establish an Adult Protective Service Registry that will be
20hosted by the Department of Public Health on its website
21effective January 1, 2015, and, if practicable, shall propose
22rules for the Registry by January 1, 2015.
23    (a-5) The Registry shall identify caregivers against whom
24a verified and substantiated finding was made under this Act

 

 

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1of abuse, abandonment, neglect, or financial exploitation.
2    The information in the Registry shall be confidential
3except as specifically authorized in this Act and shall not be
4deemed a public record.
5    (a-10) Reporting to the Registry. The Department on Aging
6shall report to the Registry the identity of the caregiver
7when a verified and substantiated finding of abuse,
8abandonment, neglect, or financial exploitation of an eligible
9adult under this Act is made against a caregiver, and all
10appeals, challenges, and reviews, if any, have been completed
11and a finding for placement on the Registry has been sustained
12or upheld.
13    A finding against a caregiver that is placed in the
14Registry shall preclude that caregiver from providing direct
15care, as defined in this Section, in a position with or that is
16regulated by or paid with public funds from the Department on
17Aging, the Department of Healthcare and Family Services, the
18Department of Human Services, or the Department of Public
19Health or with an entity or provider licensed, certified, or
20regulated by or paid with public funds from any of these State
21agencies.
22    (b) Definitions. As used in this Section:
23    "Direct care" includes, but is not limited to, direct
24access to a person aged 60 or older or to an adult with
25disabilities aged 18 through 59, his or her living quarters,
26or his or her personal, financial, or medical records for the

 

 

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1purpose of providing nursing care or assistance with feeding,
2dressing, movement, bathing, toileting, other personal needs
3and activities of daily living or instrumental activities of
4daily living, or assistance with financial transactions.
5    "Participant" means an individual who uses the services of
6an in-home care program funded through the Department on
7Aging, the Department of Healthcare and Family Services, the
8Department of Human Services, or the Department of Public
9Health.
10    (c) Access to and use of the Registry. Access to the
11Registry shall be limited to the Department on Aging, the
12Department of Healthcare and Family Services, the Department
13of Human Services, and the Department of Public Health and
14providers of direct care as described in subsection (a-10) of
15this Section. These State agencies and providers shall not
16hire, compensate either directly or on behalf of a
17participant, or utilize the services of any person seeking to
18provide direct care without first conducting an online check
19of whether the person has been placed on the Registry. These
20State agencies and providers shall maintain a copy of the
21results of the online check to demonstrate compliance with
22this requirement. These State agencies and providers are
23prohibited from retaining, hiring, compensating either
24directly or on behalf of a participant, or utilizing the
25services of a person to provide direct care if the online check
26of the person reveals a verified and substantiated finding of

 

 

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1abuse, abandonment, neglect, or financial exploitation that
2has been placed on the Registry or when the State agencies or
3providers otherwise gain knowledge of such placement on the
4Registry. Failure to comply with this requirement may subject
5such a provider to corrective action by the appropriate
6regulatory agency or other lawful remedies provided under the
7applicable licensure, certification, or regulatory laws and
8rules.
9    (d) Notice to caregiver. The Department on Aging shall
10establish rules concerning notice to the caregiver in cases of
11a verified and substantiated finding of abuse, abandonment,
12neglect, or financial exploitation against him or her that may
13make him or her eligible for placement on the Registry.
14    (e) Notification to eligible adults, guardians, or agents.
15As part of its investigation, the Department on Aging shall
16notify an eligible adult, or an eligible adult's guardian or
17agent, that his or her caregiver's name may be placed on the
18Registry based on a finding as described in subsection (a-10)
19of this Section.
20    (f) Notification to employer. The Department on Aging
21shall notify the appropriate State agency or provider of
22direct care, as described in subsection (a-10), when there is
23a verified and substantiated finding of abuse, abandonment,
24neglect, or financial exploitation in a case under this Act
25that is reported on the Registry and that involves one of its
26caregivers. That State agency or provider is prohibited from

 

 

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1retaining or compensating that individual in a position that
2involves direct care, and if there is an imminent risk of
3danger to the victim or an imminent risk of misuse of personal,
4medical, or financial information, that caregiver shall
5immediately be barred from providing direct care to the victim
6pending the outcome of any challenge, appeal, criminal
7prosecution, or other type of collateral action.
8    (g) Challenges and appeals. The Department on Aging shall
9establish, by rule, procedures concerning challenges and
10appeals to placement on the Registry pursuant to legislative
11intent. The Department shall not make any report to the
12Registry pending challenges or appeals.
13    (h) Caregiver's rights to collateral action. The
14Department on Aging shall not make any report to the Registry
15if a caregiver notifies the Department in writing that he or
16she is formally challenging an adverse employment action
17resulting from a verified and substantiated finding of abuse,
18abandonment, neglect, or financial exploitation by complaint
19filed with the Illinois Civil Service Commission, or by
20another means which seeks to enforce the caregiver's rights
21pursuant to any applicable collective bargaining agreement. If
22an action taken by an employer against a caregiver as a result
23of such a finding is overturned through an action filed with
24the Illinois Civil Service Commission or under any applicable
25collective bargaining agreement after that caregiver's name
26has already been sent to the Registry, the caregiver's name

 

 

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1shall be removed from the Registry.
2    (i) Removal from Registry. At any time after a report to
3the Registry, but no more than once in each successive 3-year
4period thereafter, for a maximum of 3 such requests, a
5caregiver may request removal of his or her name from the
6Registry in relationship to a single incident. The caregiver
7shall bear the burden of establishing, by a preponderance of
8the evidence, that removal of his or her name from the Registry
9is in the public interest. Upon receiving such a request, the
10Department on Aging shall conduct an investigation and
11consider any evidentiary material provided. The Department
12shall issue a decision either granting or denying removal to
13the caregiver and report it to the Registry. The Department
14shall, by rule, establish standards and a process for
15requesting the removal of a name from the Registry.
16    (j) Referral of Registry reports to health care
17facilities. In the event an eligible adult receiving services
18from a provider agency changes his or her residence from a
19domestic living situation to that of a health care or long term
20care facility, the provider agency shall use reasonable
21efforts to promptly inform the facility and the appropriate
22Regional Long Term Care Ombudsman about any Registry reports
23relating to the eligible adult. For purposes of this Section,
24a health care or long term care facility includes, but is not
25limited to, any residential facility licensed, certified, or
26regulated by the Department of Public Health, Healthcare and

 

 

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1Family Services, or Human Services.
2    (k) The Department on Aging and its employees and agents
3shall have immunity, except for intentional willful and wanton
4misconduct, from any liability, civil, criminal, or otherwise,
5for reporting information to and maintaining the Registry.
6(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;
798-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
8    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
9    Sec. 8. Access to records. All records concerning reports
10of abuse, abandonment, neglect, financial exploitation, or
11self-neglect and all records generated as a result of such
12reports shall be confidential and shall not be disclosed
13except as specifically authorized by this Act or other
14applicable law. In accord with established law and Department
15protocols, procedures, and policies, access to such records,
16but not access to the identity of the person or persons making
17a report of alleged abuse, abandonment, neglect, financial
18exploitation, or self-neglect as contained in such records,
19shall be provided, upon request, to the following persons and
20for the following persons:
21        (1) Department staff, provider agency staff, other
22    aging network staff, and regional administrative agency
23    staff, including staff of the Chicago Department on Aging
24    while that agency is designated as a regional
25    administrative agency, in the furtherance of their

 

 

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1    responsibilities under this Act;
2        (1.5) A representative of the public guardian acting
3    in the course of investigating the appropriateness of
4    guardianship for the eligible adult or while pursuing a
5    petition for guardianship of the eligible adult pursuant
6    to the Probate Act of 1975;
7        (2) A law enforcement agency or State's Attorney's
8    office investigating known or suspected abuse,
9    abandonment, neglect, financial exploitation, or
10    self-neglect. Where a provider agency has reason to
11    believe that the death of an eligible adult may be the
12    result of abuse, abandonment, or neglect, including any
13    reports made after death, the agency shall immediately
14    provide the appropriate law enforcement agency with all
15    records pertaining to the eligible adult;
16        (2.5) A law enforcement agency, fire department
17    agency, or fire protection district having proper
18    jurisdiction pursuant to a written agreement between a
19    provider agency and the law enforcement agency, fire
20    department agency, or fire protection district under which
21    the provider agency may furnish to the law enforcement
22    agency, fire department agency, or fire protection
23    district a list of all eligible adults who may be at
24    imminent risk of abuse, abandonment, neglect, financial
25    exploitation, or self-neglect;
26        (3) A physician who has before him or her or who is

 

 

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1    involved in the treatment of an eligible adult whom he or
2    she reasonably suspects may be abused, abandoned,
3    neglected, financially exploited, or self-neglected or who
4    has been referred to the Adult Protective Services
5    Program;
6        (4) An eligible adult reported to be abused,
7    abandoned, neglected, financially exploited, or
8    self-neglected, or such adult's authorized guardian or
9    agent, unless such guardian or agent is the abuser or the
10    alleged abuser;
11        (4.5) An executor or administrator of the estate of an
12    eligible adult who is deceased;
13        (5) In cases regarding abuse, abandonment, neglect, or
14    financial exploitation, a court or a guardian ad litem,
15    upon its or his or her finding that access to such records
16    may be necessary for the determination of an issue before
17    the court. However, such access shall be limited to an in
18    camera inspection of the records, unless the court
19    determines that disclosure of the information contained
20    therein is necessary for the resolution of an issue then
21    pending before it;
22        (5.5) In cases regarding self-neglect, a guardian ad
23    litem;
24        (6) A grand jury, upon its determination that access
25    to such records is necessary in the conduct of its
26    official business;

 

 

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1        (7) Any person authorized by the Director, in writing,
2    for audit or bona fide research purposes;
3        (8) A coroner or medical examiner who has reason to
4    believe that an eligible adult has died as the result of
5    abuse, abandonment, neglect, financial exploitation, or
6    self-neglect. The provider agency shall immediately
7    provide the coroner or medical examiner with all records
8    pertaining to the eligible adult;
9        (8.5) A coroner or medical examiner having proper
10    jurisdiction, pursuant to a written agreement between a
11    provider agency and the coroner or medical examiner, under
12    which the provider agency may furnish to the office of the
13    coroner or medical examiner a list of all eligible adults
14    who may be at imminent risk of death as a result of abuse,
15    abandonment, neglect, financial exploitation, or
16    self-neglect;
17        (9) Department of Financial and Professional
18    Regulation staff and members of the Illinois Medical
19    Disciplinary Board or the Social Work Examining and
20    Disciplinary Board in the course of investigating alleged
21    violations of the Clinical Social Work and Social Work
22    Practice Act by provider agency staff or other licensing
23    bodies at the discretion of the Director of the Department
24    on Aging;
25        (9-a) Department of Healthcare and Family Services
26    staff and provider agency staff when that Department is

 

 

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1    funding services to the eligible adult, including access
2    to the identity of the eligible adult;
3        (9-b) Department of Human Services staff and provider
4    agency staff when that Department is funding services to
5    the eligible adult or is providing reimbursement for
6    services provided by the abuser or alleged abuser,
7    including access to the identity of the eligible adult;
8        (10) Hearing officers in the course of conducting an
9    administrative hearing under this Act; parties to such
10    hearing shall be entitled to discovery as established by
11    rule;
12        (11) A caregiver who challenges placement on the
13    Registry shall be given the statement of allegations in
14    the abuse report and the substantiation decision in the
15    final investigative report; and
16        (12) The Illinois Guardianship and Advocacy Commission
17    and the agency designated by the Governor under Section 1
18    of the Protection and Advocacy for Persons with
19    Developmental Disabilities Act shall have access, through
20    the Department, to records, including the findings,
21    pertaining to a completed or closed investigation of a
22    report of suspected abuse, abandonment, neglect, financial
23    exploitation, or self-neglect of an eligible adult.
24(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2599-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
267-15-16; 99-642, eff. 7-28-16.)
 

 

 

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1    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
2    Sec. 9. Authority to consent to services.
3    (a) If an eligible adult consents to an assessment of a
4reported incident of suspected abuse, abandonment, neglect,
5financial exploitation, or self-neglect and, following the
6assessment of such report, consents to services being provided
7according to the case plan, such services shall be arranged to
8meet the adult's needs, based upon the availability of
9resources to provide such services. If an adult withdraws his
10or her consent for an assessment of the reported incident or
11withdraws his or her consent for services and refuses to
12accept such services, the services shall not be provided.
13    (b) If it reasonably appears to the Department or other
14agency designated under this Act that a person is an eligible
15adult and lacks the capacity to consent to an assessment of a
16reported incident of suspected abuse, abandonment, neglect,
17financial exploitation, or self-neglect or to necessary
18services, the Department or other agency shall take
19appropriate action necessary to ameliorate risk to the
20eligible adult if there is a threat of ongoing harm or another
21emergency exists. The Department or other agency shall be
22authorized to seek the appointment of a temporary guardian as
23provided in Article XIa of the Probate Act of 1975 for the
24purpose of consenting to an assessment of the reported
25incident and such services, together with an order for an

 

 

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1evaluation of the eligible adult's physical, psychological,
2and medical condition and decisional capacity.
3    (c) A guardian of the person of an eligible adult may
4consent to an assessment of the reported incident and to
5services being provided according to the case plan. If an
6eligible adult lacks capacity to consent, an agent having
7authority under a power of attorney may consent to an
8assessment of the reported incident and to services. If the
9guardian or agent is the suspected abuser and he or she
10withdraws consent for the assessment of the reported incident,
11or refuses to allow services to be provided to the eligible
12adult, the Department, an agency designated under this Act, or
13the office of the Attorney General may request a court order
14seeking appropriate remedies, and may in addition request
15removal of the guardian and appointment of a successor
16guardian or request removal of the agent and appointment of a
17guardian.
18    (d) If an emergency exists and the Department or other
19agency designated under this Act reasonably believes that a
20person is an eligible adult and lacks the capacity to consent
21to necessary services, the Department or other agency may
22request an ex parte order from the circuit court of the county
23in which the petitioner or respondent resides or in which the
24alleged abuse, abandonment, neglect, financial exploitation,
25or self-neglect occurred, authorizing an assessment of a
26report of alleged or suspected abuse, abandonment, neglect,

 

 

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1financial exploitation, or self-neglect or the provision of
2necessary services, or both, including relief available under
3the Illinois Domestic Violence Act of 1986 in accord with
4established law and Department protocols, procedures, and
5policies. Petitions filed under this subsection shall be
6treated as expedited proceedings. When an eligible adult is at
7risk of serious injury or death and it reasonably appears that
8the eligible adult lacks capacity to consent to necessary
9services, the Department or other agency designated under this
10Act may take action necessary to ameliorate the risk in
11accordance with administrative rules promulgated by the
12Department.
13    (d-5) For purposes of this Section, an eligible adult
14"lacks the capacity to consent" if qualified staff of an
15agency designated under this Act reasonably determine, in
16accordance with administrative rules promulgated by the
17Department, that he or she appears either (i) unable to
18receive and evaluate information related to the assessment or
19services or (ii) unable to communicate in any manner decisions
20related to the assessment of the reported incident or
21services.
22    (e) Within 15 days after the entry of the ex parte
23emergency order, the order shall expire, or, if the need for
24assessment of the reported incident or services continues, the
25provider agency shall petition for the appointment of a
26guardian as provided in Article XIa of the Probate Act of 1975

 

 

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1for the purpose of consenting to such assessment or services
2or to protect the eligible adult from further harm.
3    (f) If the court enters an ex parte order under subsection
4(d) for an assessment of a reported incident of alleged or
5suspected abuse, abandonment, neglect, financial exploitation,
6or self-neglect, or for the provision of necessary services in
7connection with alleged or suspected self-neglect, or for
8both, the court, as soon as is practicable thereafter, shall
9appoint a guardian ad litem for the eligible adult who is the
10subject of the order, for the purpose of reviewing the
11reasonableness of the order. The guardian ad litem shall
12review the order and, if the guardian ad litem reasonably
13believes that the order is unreasonable, the guardian ad litem
14shall file a petition with the court stating the guardian ad
15litem's belief and requesting that the order be vacated.
16    (g) In all cases in which there is a substantiated finding
17of abuse, abandonment, neglect, or financial exploitation by a
18guardian, the Department shall, within 30 days after the
19finding, notify the Probate Court with jurisdiction over the
20guardianship.
21(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
22    (320 ILCS 20/13)
23    Sec. 13. Access.
24    (a) In accord with established law and Department
25protocols, procedures, and policies, the designated provider

 

 

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1agencies shall have access to eligible adults who have been
2reported or found to be victims of abuse, abandonment,
3neglect, financial exploitation, or self-neglect in order to
4assess the validity of the report, assess other needs of the
5eligible adult, and provide services in accordance with this
6Act.
7    (a-5) A representative of the Department or a designated
8provider agency that is actively involved in an abuse,
9abandonment, neglect, financial exploitation, or self-neglect
10investigation under this Act shall be allowed access to the
11financial records, mental and physical health records, and
12other relevant evaluative records of the eligible adult which
13are in the possession of any individual, financial
14institution, health care provider, mental health provider,
15educational facility, or other facility if necessary to
16complete the investigation mandated by this Act. The provider
17or facility shall provide such records to the representative
18upon receipt of a written request and certification from the
19Department or designated provider agency that an investigation
20is being conducted under this Act and the records are
21pertinent to the investigation.
22    Any records received by such representative, the
23confidentiality of which is protected by another law or rule,
24shall be maintained as confidential, except for such use as
25may be necessary for any administrative or other legal
26proceeding.

 

 

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1    (b) Where access to an eligible adult is denied, including
2the refusal to provide requested records, the Office of the
3Attorney General, the Department, or the provider agency may
4petition the court for an order to require appropriate access
5where:
6        (1) a caregiver or third party has interfered with the
7    assessment or service plan, or
8        (2) the agency has reason to believe that the eligible
9    adult is denying access because of coercion, extortion, or
10    justifiable fear of future abuse, abandonment, neglect, or
11    financial exploitation.
12    (c) The petition for an order requiring appropriate access
13shall be afforded an expedited hearing in the circuit court.
14    (d) If the provider agency has substantiated financial
15exploitation against an eligible adult, and has documented a
16reasonable belief that the eligible adult will be irreparably
17harmed as a result of the financial exploitation, the Office
18of the Attorney General, the Department, or the provider
19agency may petition for an order freezing the assets of the
20eligible adult. The petition shall be filed in the county or
21counties in which the assets are located. The court's order
22shall prohibit the sale, gifting, transfer, or wasting of the
23assets of the eligible adult, both real and personal, owned
24by, or vested in, the eligible adult, without the express
25permission of the court. The petition to freeze the assets of
26the eligible adult shall be afforded an expedited hearing in

 

 

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1the circuit court.
2(Source: P.A. 98-1039, eff. 8-25-14.)
 
3    (320 ILCS 20/15)
4    Sec. 15. Fatality review teams.
5    (a) State policy.
6        (1) Both the State and the community maintain a
7    commitment to preventing the abuse, abandonment, neglect,
8    and financial exploitation of at-risk adults. This
9    includes a charge to bring perpetrators of crimes against
10    at-risk adults to justice and prevent untimely deaths in
11    the community.
12        (2) When an at-risk adult dies, the response to the
13    death by the community, law enforcement, and the State
14    must include an accurate and complete determination of the
15    cause of death, and the development and implementation of
16    measures to prevent future deaths from similar causes.
17        (3) Multidisciplinary and multi-agency reviews of
18    deaths can assist the State and counties in developing a
19    greater understanding of the incidence and causes of
20    premature deaths and the methods for preventing those
21    deaths, improving methods for investigating deaths, and
22    identifying gaps in services to at-risk adults.
23        (4) Access to information regarding the deceased
24    person and his or her family by multidisciplinary and
25    multi-agency fatality review teams is necessary in order

 

 

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1    to fulfill their purposes and duties.
2    (a-5) Definitions. As used in this Section:
3        "Advisory Council" means the Illinois Fatality Review
4    Team Advisory Council.
5        "Review Team" means a regional interagency fatality
6    review team.
7    (b) The Director, in consultation with the Advisory
8Council, law enforcement, and other professionals who work in
9the fields of investigating, treating, or preventing abuse,
10abandonment, or neglect of at-risk adults, shall appoint
11members to a minimum of one review team in each of the
12Department's planning and service areas. Each member of a
13review team shall be appointed for a 2-year term and shall be
14eligible for reappointment upon the expiration of the term. A
15review team's purpose in conducting review of at-risk adult
16deaths is: (i) to assist local agencies in identifying and
17reviewing suspicious deaths of adult victims of alleged,
18suspected, or substantiated abuse, abandonment, or neglect in
19domestic living situations; (ii) to facilitate communications
20between officials responsible for autopsies and inquests and
21persons involved in reporting or investigating alleged or
22suspected cases of abuse, abandonment, neglect, or financial
23exploitation of at-risk adults and persons involved in
24providing services to at-risk adults; (iii) to evaluate means
25by which the death might have been prevented; and (iv) to
26report its findings to the appropriate agencies and the

 

 

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1Advisory Council and make recommendations that may help to
2reduce the number of at-risk adult deaths caused by abuse,
3abandonment, and neglect and that may help to improve the
4investigations of deaths of at-risk adults and increase
5prosecutions, if appropriate.
6    (b-5) Each such team shall be composed of representatives
7of entities and individuals including, but not limited to:
8        (1) the Department on Aging;
9        (2) coroners or medical examiners (or both);
10        (3) State's Attorneys;
11        (4) local police departments;
12        (5) forensic units;
13        (6) local health departments;
14        (7) a social service or health care agency that
15    provides services to persons with mental illness, in a
16    program whose accreditation to provide such services is
17    recognized by the Division of Mental Health within the
18    Department of Human Services;
19        (8) a social service or health care agency that
20    provides services to persons with developmental
21    disabilities, in a program whose accreditation to provide
22    such services is recognized by the Division of
23    Developmental Disabilities within the Department of Human
24    Services;
25        (9) a local hospital, trauma center, or provider of
26    emergency medicine;

 

 

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1        (10) providers of services for eligible adults in
2    domestic living situations; and
3        (11) a physician, psychiatrist, or other health care
4    provider knowledgeable about abuse, abandonment, and
5    neglect of at-risk adults.
6    (c) A review team shall review cases of deaths of at-risk
7adults occurring in its planning and service area (i)
8involving blunt force trauma or an undetermined manner or
9suspicious cause of death; (ii) if requested by the deceased's
10attending physician or an emergency room physician; (iii) upon
11referral by a health care provider; (iv) upon referral by a
12coroner or medical examiner; (v) constituting an open or
13closed case from an adult protective services agency, law
14enforcement agency, State's Attorney's office, or the
15Department of Human Services' Office of the Inspector General
16that involves alleged or suspected abuse, abandonment,
17neglect, or financial exploitation; or (vi) upon referral by a
18law enforcement agency or State's Attorney's office. If such a
19death occurs in a planning and service area where a review team
20has not yet been established, the Director shall request that
21the Advisory Council or another review team review that death.
22A team may also review deaths of at-risk adults if the alleged
23abuse, abandonment, or neglect occurred while the person was
24residing in a domestic living situation.
25    A review team shall meet not less than 4 times a year to
26discuss cases for its possible review. Each review team, with

 

 

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1the advice and consent of the Department, shall establish
2criteria to be used in discussing cases of alleged, suspected,
3or substantiated abuse, abandonment, or neglect for review and
4shall conduct its activities in accordance with any applicable
5policies and procedures established by the Department.
6    (c-5) The Illinois Fatality Review Team Advisory Council,
7consisting of one member from each review team in Illinois,
8shall be the coordinating and oversight body for review teams
9and activities in Illinois. The Director may appoint to the
10Advisory Council any ex-officio members deemed necessary.
11Persons with expertise needed by the Advisory Council may be
12invited to meetings. The Advisory Council must select from its
13members a chairperson and a vice-chairperson, each to serve a
142-year term. The chairperson or vice-chairperson may be
15selected to serve additional, subsequent terms. The Advisory
16Council must meet at least 4 times during each calendar year.
17    The Department may provide or arrange for the staff
18support necessary for the Advisory Council to carry out its
19duties. The Director, in cooperation and consultation with the
20Advisory Council, shall appoint, reappoint, and remove review
21team members.
22    The Advisory Council has, but is not limited to, the
23following duties:
24        (1) To serve as the voice of review teams in Illinois.
25        (2) To oversee the review teams in order to ensure
26    that the review teams' work is coordinated and in

 

 

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1    compliance with State statutes and the operating protocol.
2        (3) To ensure that the data, results, findings, and
3    recommendations of the review teams are adequately used in
4    a timely manner to make any necessary changes to the
5    policies, procedures, and State statutes in order to
6    protect at-risk adults.
7        (4) To collaborate with the Department in order to
8    develop any legislation needed to prevent unnecessary
9    deaths of at-risk adults.
10        (5) To ensure that the review teams' review processes
11    are standardized in order to convey data, findings, and
12    recommendations in a usable format.
13        (6) To serve as a link with review teams throughout
14    the country and to participate in national review team
15    activities.
16        (7) To provide the review teams with the most current
17    information and practices concerning at-risk adult death
18    review and related topics.
19        (8) To perform any other functions necessary to
20    enhance the capability of the review teams to reduce and
21    prevent at-risk adult fatalities.
22    The Advisory Council may prepare an annual report, in
23consultation with the Department, using aggregate data
24gathered by review teams and using the review teams'
25recommendations to develop education, prevention, prosecution,
26or other strategies designed to improve the coordination of

 

 

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1services for at-risk adults and their families.
2    In any instance where a review team does not operate in
3accordance with established protocol, the Director, in
4consultation and cooperation with the Advisory Council, must
5take any necessary actions to bring the review team into
6compliance with the protocol.
7    (d) Any document or oral or written communication shared
8within or produced by the review team relating to a case
9discussed or reviewed by the review team is confidential and
10is not admissible as evidence in any civil or criminal
11proceeding, except for use by a State's Attorney's office in
12prosecuting a criminal case against a caregiver. Those records
13and information are, however, subject to discovery or
14subpoena, and are admissible as evidence, to the extent they
15are otherwise available to the public.
16    Any document or oral or written communication provided to
17a review team by an individual or entity, and created by that
18individual or entity solely for the use of the review team, is
19confidential, is not subject to disclosure to or discoverable
20by another party, and is not admissible as evidence in any
21civil or criminal proceeding, except for use by a State's
22Attorney's office in prosecuting a criminal case against a
23caregiver. Those records and information are, however, subject
24to discovery or subpoena, and are admissible as evidence, to
25the extent they are otherwise available to the public.
26    Each entity or individual represented on the fatality

 

 

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1review team may share with other members of the team
2information in the entity's or individual's possession
3concerning the decedent who is the subject of the review or
4concerning any person who was in contact with the decedent, as
5well as any other information deemed by the entity or
6individual to be pertinent to the review. Any such information
7shared by an entity or individual with other members of the
8review team is confidential. The intent of this paragraph is
9to permit the disclosure to members of the review team of any
10information deemed confidential or privileged or prohibited
11from disclosure by any other provision of law. Release of
12confidential communication between domestic violence advocates
13and a domestic violence victim shall follow subsection (d) of
14Section 227 of the Illinois Domestic Violence Act of 1986
15which allows for the waiver of privilege afforded to
16guardians, executors, or administrators of the estate of the
17domestic violence victim. This provision relating to the
18release of confidential communication between domestic
19violence advocates and a domestic violence victim shall
20exclude adult protective service providers.
21    A coroner's or medical examiner's office may share with
22the review team medical records that have been made available
23to the coroner's or medical examiner's office in connection
24with that office's investigation of a death.
25    Members of a review team and the Advisory Council are not
26subject to examination, in any civil or criminal proceeding,

 

 

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1concerning information presented to members of the review team
2or the Advisory Council or opinions formed by members of the
3review team or the Advisory Council based on that information.
4A person may, however, be examined concerning information
5provided to a review team or the Advisory Council.
6    (d-5) Meetings of the review teams and the Advisory
7Council may be closed to the public under the Open Meetings
8Act. Records and information provided to a review team and the
9Advisory Council, and records maintained by a team or the
10Advisory Council, are exempt from release under the Freedom of
11Information Act.
12    (e) A review team's recommendation in relation to a case
13discussed or reviewed by the review team, including, but not
14limited to, a recommendation concerning an investigation or
15prosecution, may be disclosed by the review team upon the
16completion of its review and at the discretion of a majority of
17its members who reviewed the case.
18    (e-5) The State shall indemnify and hold harmless members
19of a review team and the Advisory Council for all their acts,
20omissions, decisions, or other conduct arising out of the
21scope of their service on the review team or Advisory Council,
22except those involving willful or wanton misconduct. The
23method of providing indemnification shall be as provided in
24the State Employee Indemnification Act.
25    (f) The Department, in consultation with coroners, medical
26examiners, and law enforcement agencies, shall use aggregate

 

 

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1data gathered by and recommendations from the Advisory Council
2and the review teams to create an annual report and may use
3those data and recommendations to develop education,
4prevention, prosecution, or other strategies designed to
5improve the coordination of services for at-risk adults and
6their families. The Department or other State or county
7agency, in consultation with coroners, medical examiners, and
8law enforcement agencies, also may use aggregate data gathered
9by the review teams to create a database of at-risk
10individuals.
11    (g) The Department shall adopt such rules and regulations
12as it deems necessary to implement this Section.
13(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1499-78, eff. 7-20-15; 99-530, eff. 1-1-17.)
 
15    Section 10. The Criminal Code of 2012 is amended by
16changing Sections 3-5 and 17-56 as follows:
 
17    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
18    Sec. 3-5. General limitations.
19    (a) A prosecution for: (1) first degree murder, attempt to
20commit first degree murder, second degree murder, involuntary
21manslaughter, reckless homicide, a violation of subparagraph
22(F) of paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code for the offense of aggravated driving
24under the influence of alcohol, other drug or drugs, or

 

 

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1intoxicating compound or compounds, or any combination thereof
2when the violation was a proximate cause of a death, leaving
3the scene of a motor vehicle accident involving death or
4personal injuries under Section 11-401 of the Illinois Vehicle
5Code, failing to give information and render aid under Section
611-403 of the Illinois Vehicle Code, concealment of homicidal
7death, treason, arson, residential arson, aggravated arson,
8forgery, child pornography under paragraph (1) of subsection
9(a) of Section 11-20.1, or aggravated child pornography under
10paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
11any offense involving sexual conduct or sexual penetration, as
12defined by Section 11-0.1 of this Code may be commenced at any
13time.
14    (a-5) A prosecution for theft of property exceeding
15$100,000 in value under Section 16-1, identity theft under
16subsection (a) of Section 16-30, aggravated identity theft
17under subsection (b) of Section 16-30, financial exploitation
18of an elderly person or a person with a disability under
19Section 17-56; theft by deception of a victim 60 years of age
20or older or a person with a disability under Section 16-1; or
21any offense set forth in Article 16H or Section 17-10.6 may be
22commenced within 7 years of the last act committed in
23furtherance of the crime.
24    (b) Unless the statute describing the offense provides
25otherwise, or the period of limitation is extended by Section
263-6, a prosecution for any offense not designated in

 

 

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1subsection (a) or (a-5) must be commenced within 3 years after
2the commission of the offense if it is a felony, or within one
3year and 6 months after its commission if it is a misdemeanor.
4(Source: P.A. 100-149, eff. 1-1-18; 100-863, eff. 8-14-18;
5101-130, eff. 1-1-20.)
 
6    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
7    Sec. 17-56. Financial exploitation of an elderly person or
8a person with a disability.
9    (a) A person commits financial exploitation of an elderly
10person or a person with a disability when he or she stands in a
11position of trust or confidence with the elderly person or a
12person with a disability and he or she knowingly:
13        (1) by deception or intimidation obtains control over
14    the property of an elderly person or a person with a
15    disability; or
16        (2) illegally uses the assets or resources of an
17    elderly person or a person with a disability.
18    (b) Sentence. Financial exploitation of an elderly person
19or a person with a disability is: (1) a Class 4 felony if the
20value of the property is $300 or less, (2) a Class 3 felony if
21the value of the property is more than $300 but less than
22$5,000, (3) a Class 2 felony if the value of the property is
23$5,000 or more but less than $50,000, and (4) a Class 1 felony
24if the value of the property is $50,000 or more or if the
25elderly person is over 70 years of age and the value of the

 

 

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1property is $15,000 or more or if the elderly person is 80
2years of age or older and the value of the property is $5,000
3or more.
4    (c) For purposes of this Section:
5        (1) "Elderly person" means a person 60 years of age or
6    older.
7        (2) "Person with a disability" means a person who
8    suffers from a physical or mental impairment resulting
9    from disease, injury, functional disorder or congenital
10    condition that impairs the individual's mental or physical
11    ability to independently manage his or her property or
12    financial resources, or both.
13        (3) "Intimidation" means the communication to an
14    elderly person or a person with a disability that he or she
15    shall be deprived of food and nutrition, shelter,
16    prescribed medication or medical care and treatment or
17    conduct as provided in Section 12-6 of this Code.
18        (4) "Deception" means, in addition to its meaning as
19    defined in Section 15-4 of this Code, a misrepresentation
20    or concealment of material fact relating to the terms of a
21    contract or agreement entered into with the elderly person
22    or person with a disability or to the existing or
23    pre-existing condition of any of the property involved in
24    such contract or agreement; or the use or employment of
25    any misrepresentation, false pretense or false promise in
26    order to induce, encourage or solicit the elderly person

 

 

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1    or person with a disability to enter into a contract or
2    agreement.
3    The illegal use of the assets or resources of an elderly
4person or a person with a disability includes, but is not
5limited to, the misappropriation of those assets or resources
6by undue influence, breach of a fiduciary relationship, fraud,
7deception, extortion, or use of the assets or resources
8contrary to law.
9    A person stands in a position of trust and confidence with
10an elderly person or person with a disability when he (i) is a
11parent, spouse, adult child or other relative by blood or
12marriage of the elderly person or person with a disability,
13(ii) is a joint tenant or tenant in common with the elderly
14person or person with a disability, (iii) has a legal or
15fiduciary relationship with the elderly person or person with
16a disability, (iv) is a financial planning or investment
17professional, or (v) is a paid or unpaid caregiver for the
18elderly person or person with a disability, or (vi) is a friend
19or acquaintance in a position of trust.
20    (d) Limitations. Nothing in this Section shall be
21construed to limit the remedies available to the victim under
22the Illinois Domestic Violence Act of 1986.
23    (e) Good faith efforts. Nothing in this Section shall be
24construed to impose criminal liability on a person who has
25made a good faith effort to assist the elderly person or person
26with a disability in the management of his or her property, but

 

 

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1through no fault of his or her own has been unable to provide
2such assistance.
3    (f) Not a defense. It shall not be a defense to financial
4exploitation of an elderly person or person with a disability
5that the accused reasonably believed that the victim was not
6an elderly person or person with a disability. Consent is not a
7defense to financial exploitation of an elderly person or a
8person with a disability if the accused knew or had reason to
9know that the elderly person or a person with a disability
10lacked capacity to consent.
11    (g) Civil Liability. A civil cause of action exists for
12financial exploitation of an elderly person or a person with a
13disability as described in subsection (a) of this Section. A
14person against whom a civil judgment has been entered for
15financial exploitation of an elderly person or person with a
16disability shall be liable to the victim or to the estate of
17the victim in damages of treble the amount of the value of the
18property obtained, plus reasonable attorney fees and court
19costs. In a civil action under this subsection, the burden of
20proof that the defendant committed financial exploitation of
21an elderly person or a person with a disability as described in
22subsection (a) of this Section shall be by a preponderance of
23the evidence. This subsection shall be operative whether or
24not the defendant has been charged or convicted of the
25criminal offense as described in subsection (a) of this
26Section. This subsection (g) shall not limit or affect the

 

 

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1right of any person to bring any cause of action or seek any
2remedy available under the common law, or other applicable
3law, arising out of the financial exploitation of an elderly
4person or a person with a disability.
5    (h) If a person is charged with financial exploitation of
6an elderly person or a person with a disability that involves
7the taking or loss of property valued at more than $5,000, a
8prosecuting attorney may file a petition with the circuit
9court of the county in which the defendant has been charged to
10freeze the assets of the defendant in an amount equal to but
11not greater than the alleged value of lost or stolen property
12in the defendant's pending criminal proceeding for purposes of
13restitution to the victim. The burden of proof required to
14freeze the defendant's assets shall be by a preponderance of
15the evidence.
16(Source: P.A. 101-394, eff. 1-1-20.)