093_HB0051sam001

 










                                     LRB093 02380 DRJ 15021 a

 1                     AMENDMENT TO HOUSE BILL 51

 2        AMENDMENT NO.     .  Amend House Bill 51 by replacing the
 3    title with the following:
 4        "AN ACT in relation to elderly  and  disabled  persons.";
 5    and

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 5.  The Probate Act of 1975 is amended by adding
 9    Section 2-6.2 as follows:

10        (755 ILCS 5/2-6.2 new)
11        Sec. 2-6.2.  Financial exploitation, abuse, or neglect of
12    an elderly person or a person with a disability.
13        (a)  In this Section:
14        "Abuse" means any offense described in Section  12-21  of
15    the Criminal Code of 1961.
16        "Financial  exploitation"  means any offense described in
17    Section 16-1.3 of the Criminal Code of 1961.
18        "Neglect" means any offense described in Section 12-19 of
19    the Criminal Code of 1961.
20        (b)  Persons convicted of financial exploitation,  abuse,
21    or neglect of an elderly person or a person with a disability
 
                            -2-      LRB093 02380 DRJ 15021 a
 1    shall not receive any property, benefit, or other interest by
 2    reason  of  the death of that elderly person or person with a
 3    disability, whether as heir, legatee, beneficiary,  survivor,
 4    appointee, or in any other capacity and whether the property,
 5    benefit,  or  other  interest  passes pursuant to any form of
 6    title   registration,   testamentary    or    nontestamentary
 7    instrument,    intestacy,    renunciation,   or   any   other
 8    circumstance. The property, benefit, or other interest  shall
 9    pass   as   if   the   person   convicted  of  the  financial
10    exploitation, abuse, or neglect  died  before  the  decedent,
11    provided  that  with  respect  to  joint tenancy property the
12    interest possessed prior to the death by the person convicted
13    of the financial exploitation, abuse, or neglect shall not be
14    diminished   by   the   application    of    this    Section.
15    Notwithstanding   the   foregoing,   a  person  convicted  of
16    financial exploitation,  abuse,  or  neglect  of  an  elderly
17    person  or  a  person  with a disability shall be entitled to
18    receive property, a benefit, or an interest in  any  capacity
19    and  under any circumstances described in this subsection (b)
20    if it is demonstrated by clear and convincing  evidence  that
21    the  victim  of  that  offense  knew  of  the  conviction and
22    subsequent to the conviction expressed or ratified his or her
23    intent to transfer the property, benefit, or interest to  the
24    person convicted of financial exploitation, abuse, or neglect
25    of  an  elderly  person  or a person with a disability in any
26    manner contemplated by this subsection (b).
27        (c) (1)  The  holder  of  any  property  subject  to  the
28    provisions   of   this   Section  shall  not  be  liable  for
29    distributing  or  releasing  the  property  to   the   person
30    convicted  of financial exploitation, abuse, or neglect of an
31    elderly  person  or  a  person  with  a  disability  if   the
32    distribution or release occurs prior to the conviction.
33             (2)  If the holder is a financial institution, trust
34        company, trustee, or similar entity or person, the holder
 
                            -3-      LRB093 02380 DRJ 15021 a
 1        shall not be liable for any distribution  or  release  of
 2        the  property,  benefit,  or other interest to the person
 3        convicted of a violation  of  Section  12-19,  12-21,  or
 4        16-1.3  of  the  Criminal  Code of 1961 unless the holder
 5        knowingly distributes or releases the property,  benefit,
 6        or  other interest to the person so convicted after first
 7        having received actual written notice of  the  conviction
 8        in sufficient time to act upon the notice.
 9        (d)  If  the  holder  of  any  property  subject  to  the
10    provisions of this Section knows that a potential beneficiary
11    has  been  convicted  of  financial  exploitation,  abuse, or
12    neglect of an elderly person or a person  with  a  disability
13    within  the  scope  of  this  Section, the holder shall fully
14    cooperate  with  law  enforcement  authorities  and  judicial
15    officers  in  connection  with  any  investigation   of   the
16    financial exploitation, abuse, or neglect. If the holder is a
17    person   or  entity  that  is  subject  to  regulation  by  a
18    regulatory agency pursuant to the laws of this or  any  other
19    state or pursuant to the laws of the United States, including
20    but  not  limited to the business of a financial institution,
21    corporate fiduciary, or insurance company, then  such  person
22    or  entity  shall  not  be  deemed to be in violation of this
23    Section to the  extent  that  privacy  laws  and  regulations
24    applicable   to   such  person  or  entity  prevent  it  from
25    voluntarily providing law enforcement authorities or judicial
26    officers with information.".