Full Text of HB1588 99th General Assembly
HB1588enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 17-56 as follows:
| 6 | | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| 7 | | Sec. 17-56. Financial exploitation of an elderly person or | 8 | | a
person with a disability.
| 9 | | (a) A person commits financial exploitation of an elderly
| 10 | | person or a person with a disability when he or she stands in a
| 11 | | position of trust
or confidence with the
elderly person or a | 12 | | person with a disability
and he
or she knowingly and by
| 13 | | deception or
intimidation obtains control over the property of | 14 | | an elderly person or
a person
with a disability
or illegally | 15 | | uses the assets or resources of an elderly person or a
person | 16 | | with a disability.
| 17 | | (b) Sentence. Financial exploitation of an elderly person | 18 | | or a person
with a
disability is: (1) a Class 4
felony if the | 19 | | value of the property is $300 or less, (2) a Class 3 felony if
| 20 | | the value of the property is more than $300 but less than | 21 | | $5,000, (3) a Class 2
felony if the value of the property is | 22 | | $5,000 or more but less than
$50,000, and (4) a Class 1 felony | 23 | | if the value of the property is $50,000 or more
or if the |
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| 1 | | elderly person is over 70 years of age and the value of the
| 2 | | property is $15,000 or more or if the elderly person is 80 | 3 | | years of age or
older and the value of the property is $5,000 | 4 | | or more.
| 5 | | (c) For purposes of this Section:
| 6 | | (1) "Elderly person" means a person 60
years of age or | 7 | | older.
| 8 | | (2) "Person with a disability" means a person who
| 9 | | suffers from a physical or mental impairment resulting from
| 10 | | disease, injury, functional disorder or congenital | 11 | | condition that impairs the
individual's mental or physical | 12 | | ability to independently manage his or her
property or | 13 | | financial resources, or both.
| 14 | | (3) "Intimidation" means the communication to an | 15 | | elderly person or a
person with a disability that he or she | 16 | | shall be deprived of food and
nutrition,
shelter, | 17 | | prescribed
medication or medical care and treatment or | 18 | | conduct as provided in Section 12-6 of this Code.
| 19 | | (4) "Deception" means, in addition to its meaning as | 20 | | defined in Section
15-4 of this Code,
a misrepresentation | 21 | | or concealment of material fact
relating to the terms of a | 22 | | contract or agreement entered into with the
elderly person | 23 | | or person with a disability or to the
existing or
| 24 | | pre-existing condition of
any of the property involved in | 25 | | such contract or agreement; or the use or
employment of any | 26 | | misrepresentation, false pretense or false promise in
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| 1 | | order to induce, encourage or solicit the elderly person or
| 2 | | person with
a disability to
enter into a contract or | 3 | | agreement.
| 4 | | The illegal use of the assets or resources of an
elderly | 5 | | person or a person with a disability includes, but is not | 6 | | limited
to, the misappropriation of those assets or resources | 7 | | by undue influence,
breach of a fiduciary relationship, fraud, | 8 | | deception, extortion, or
use of the assets or resources | 9 | | contrary to law. | 10 | | A person stands in a position of
trust and confidence with | 11 | | an elderly person or person with a
disability when he (i) is a
| 12 | | parent, spouse, adult child or other relative by blood or | 13 | | marriage of the
elderly person or person with a disability, | 14 | | (ii) is a joint
tenant or
tenant in common with
the elderly | 15 | | person or person with a disability, (iii) has
a legal or
| 16 | | fiduciary relationship
with the elderly person or person with a | 17 | | disability, (iv) is a financial
planning or investment | 18 | | professional, or (v) is a paid or unpaid caregiver for the | 19 | | elderly person or person with a disability.
| 20 | | (d) Limitations. Nothing in this Section shall be construed | 21 | | to limit the remedies
available to the victim under the | 22 | | Illinois Domestic Violence Act of 1986.
| 23 | | (e) Good faith efforts. Nothing in this Section shall be | 24 | | construed to impose criminal
liability on a person who has made | 25 | | a good faith effort to assist the
elderly person or person with | 26 | | a disability in the
management of his or her
property, but |
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| 1 | | through
no fault of his or her own has been unable to provide | 2 | | such assistance.
| 3 | | (f) Not a defense. It shall not be a defense to financial | 4 | | exploitation of an elderly
person or person with a disability | 5 | | that the accused reasonably believed
that the victim was
not an | 6 | | elderly person or person with a disability.
| 7 | | (g) Civil Liability. A civil cause of action exists for | 8 | | financial exploitation of an elderly person or a
person with a | 9 | | disability as described in subsection (a) of this Section. A | 10 | | person against whom a civil judgment has been entered for who | 11 | | is charged by information or
indictment with the offense of | 12 | | financial exploitation of an elderly person
or person with a | 13 | | disability and who fails or refuses to return
the victim's | 14 | | property
within 60 days following a written demand from the | 15 | | victim or the victim's
legal representative shall be liable to | 16 | | the victim or to the estate of the
victim in damages of treble | 17 | | the amount of the value of the property
obtained, plus | 18 | | reasonable attorney fees and court costs. In a civil action | 19 | | under this subsection, the The burden of
proof that the | 20 | | defendant committed financial exploitation of an elderly | 21 | | person or a
person with a disability as described in subsection | 22 | | (a) of this Section unlawfully obtained the victim's property | 23 | | shall be
by a preponderance of the evidence. This subsection | 24 | | shall be operative
whether or not the defendant has been | 25 | | charged or convicted of the criminal offense as described in | 26 | | subsection (a) of this Section . This subsection (g) shall not |
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| 1 | | limit or affect the right of any person to bring any cause of | 2 | | action or seek any remedy available under the common law, or | 3 | | other applicable law, arising out of the financial exploitation | 4 | | of an elderly person or a person with a disability.
| 5 | | (h) If a person is charged with financial exploitation of | 6 | | an elderly person or a person with a disability that involves | 7 | | the taking or loss of property valued at more than $5,000, a | 8 | | prosecuting attorney may file a petition with the circuit court | 9 | | of the county in which the defendant has been charged to freeze | 10 | | the assets of the defendant in an amount equal to but not | 11 | | greater than the alleged value of lost or stolen property in | 12 | | the defendant's pending criminal proceeding for purposes of | 13 | | restitution to the victim. The burden of proof required to | 14 | | freeze the defendant's assets shall be by a preponderance of | 15 | | the evidence. | 16 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12; | 17 | | 97-865, eff. 1-1-13.)
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