Illinois General Assembly - Full Text of SB3180
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Full Text of SB3180  99th General Assembly

SB3180eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB3180 EngrossedLRB099 18960 RLC 43349 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 1-6, 3-6, 16-1, and 17-56 as follows:
 
6    (720 ILCS 5/1-6)  (from Ch. 38, par. 1-6)
7    Sec. 1-6. Place of trial.
8    (a) Generally.
9    Criminal actions shall be tried in the county where the
10offense was committed, except as otherwise provided by law. The
11State is not required to prove during trial that the alleged
12offense occurred in any particular county in this State. When a
13defendant contests the place of trial under this Section, all
14proceedings regarding this issue shall be conducted under
15Section 114-1 of the Code of Criminal Procedure of 1963. All
16objections of improper place of trial are waived by a defendant
17unless made before trial.
18    (b) Assailant and Victim in Different Counties.
19    If a person committing an offense upon the person of
20another is located in one county and his victim is located in
21another county at the time of the commission of the offense,
22trial may be had in either of said counties.
23    (c) Death and Cause of Death in Different Places or

 

 

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1Undetermined.
2    If cause of death is inflicted in one county and death
3ensues in another county, the offender may be tried in either
4county. If neither the county in which the cause of death was
5inflicted nor the county in which death ensued are known before
6trial, the offender may be tried in the county where the body
7was found.
8    (d) Offense Commenced Outside the State.
9    If the commission of an offense commenced outside the State
10is consummated within this State, the offender shall be tried
11in the county where the offense is consummated.
12    (e) Offenses Committed in Bordering Navigable Waters.
13    If an offense is committed on any of the navigable waters
14bordering on this State, the offender may be tried in any
15county adjacent to such navigable water.
16    (f) Offenses Committed while in Transit.
17    If an offense is committed upon any railroad car, vehicle,
18watercraft or aircraft passing within this State, and it cannot
19readily be determined in which county the offense was
20committed, the offender may be tried in any county through
21which such railroad car, vehicle, watercraft or aircraft has
22passed.
23    (g) Theft.
24    A person who commits theft of property may be tried in any
25county in which he exerted control over such property.
26    (h) Bigamy.

 

 

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1    A person who commits the offense of bigamy may be tried in
2any county where the bigamous marriage or bigamous cohabitation
3has occurred.
4    (i) Kidnaping.
5    A person who commits the offense of kidnaping may be tried
6in any county in which his victim has traveled or has been
7confined during the course of the offense.
8    (j) Pandering.
9    A person who commits the offense of pandering as set forth
10in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
11tried in any county in which the prostitution was practiced or
12in any county in which any act in furtherance of the offense
13shall have been committed.
14    (k) Treason.
15    A person who commits the offense of treason may be tried in
16any county.
17    (l) Criminal Defamation.
18    If criminal defamation is spoken, printed or written in one
19county and is received or circulated in another or other
20counties, the offender shall be tried in the county where the
21defamation is spoken, printed or written. If the defamation is
22spoken, printed or written outside this state, or the offender
23resides outside this state, the offender may be tried in any
24county in this state in which the defamation was circulated or
25received.
26    (m) Inchoate Offenses.

 

 

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1    A person who commits an inchoate offense may be tried in
2any county in which any act which is an element of the offense,
3including the agreement in conspiracy, is committed.
4    (n) Accountability for Conduct of Another.
5    Where a person in one county solicits, aids, abets, agrees,
6or attempts to aid another in the planning or commission of an
7offense in another county, he may be tried for the offense in
8either county.
9    (o) Child Abduction.
10    A person who commits the offense of child abduction may be
11tried in any county in which his victim has traveled, been
12detained, concealed or removed to during the course of the
13offense. Notwithstanding the foregoing, unless for good cause
14shown, the preferred place of trial shall be the county of the
15residence of the lawful custodian.
16    (p) A person who commits the offense of narcotics
17racketeering may be tried in any county where cannabis or a
18controlled substance which is the basis for the charge of
19narcotics racketeering was used; acquired; transferred or
20distributed to, from or through; or any county where any act
21was performed to further the use; acquisition, transfer or
22distribution of said cannabis or controlled substance; any
23money, property, property interest, or any other asset
24generated by narcotics activities was acquired, used, sold,
25transferred or distributed to, from or through; or, any
26enterprise interest obtained as a result of narcotics

 

 

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1racketeering was acquired, used, transferred or distributed
2to, from or through, or where any activity was conducted by the
3enterprise or any conduct to further the interests of such an
4enterprise.
5    (q) A person who commits the offense of money laundering
6may be tried in any county where any part of a financial
7transaction in criminally derived property took place or in any
8county where any money or monetary instrument which is the
9basis for the offense was acquired, used, sold, transferred or
10distributed to, from or through.
11    (r) A person who commits the offense of cannabis
12trafficking or controlled substance trafficking may be tried in
13any county.
14    (s) A person who commits the offense of online sale of
15stolen property, online theft by deception, or electronic
16fencing may be tried in any county where any one or more
17elements of the offense took place, regardless of whether the
18element of the offense was the result of acts by the accused,
19the victim or by another person, and regardless of whether the
20defendant was ever physically present within the boundaries of
21the county.
22    (t) A person who commits the offense of identity theft or
23aggravated identity theft may be tried in any one of the
24following counties in which: (1) the offense occurred; (2) the
25information used to commit the offense was illegally used; or
26(3) the victim resides.

 

 

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1    If a person is charged with more than one violation of
2identity theft or aggravated identity theft and those
3violations may be tried in more than one county, any of those
4counties is a proper venue for all of the violations.
5    (u) A person who commits the offense of financial
6exploitation of an elderly person or a person with a disability
7under Section 17-56 of this Code may be tried in any one of the
8following counties in which: (1) any part of the offense
9occurred; or (2) the victim or one of the victims reside.
10(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
11    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
12    Sec. 3-6. Extended limitations. The period within which a
13prosecution must be commenced under the provisions of Section
143-5 or other applicable statute is extended under the following
15conditions:
16    (a) A prosecution for theft involving a breach of a
17fiduciary obligation to the aggrieved person may be commenced
18as follows:
19        (1) If the aggrieved person is a minor or a person
20    under legal disability, then during the minority or legal
21    disability or within one year after the termination
22    thereof.
23        (2) In any other instance, within one year after the
24    discovery of the offense by an aggrieved person, or by a
25    person who has legal capacity to represent an aggrieved

 

 

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1    person or has a legal duty to report the offense, and is
2    not himself or herself a party to the offense; or in the
3    absence of such discovery, within one year after the proper
4    prosecuting officer becomes aware of the offense. However,
5    in no such case is the period of limitation so extended
6    more than 3 years beyond the expiration of the period
7    otherwise applicable.
8    (b) A prosecution for any offense based upon misconduct in
9office by a public officer or employee may be commenced within
10one year after discovery of the offense by a person having a
11legal duty to report such offense, or in the absence of such
12discovery, within one year after the proper prosecuting officer
13becomes aware of the offense. However, in no such case is the
14period of limitation so extended more than 3 years beyond the
15expiration of the period otherwise applicable.
16    (b-5) When the victim is under 18 years of age at the time
17of the offense, a prosecution for involuntary servitude,
18involuntary sexual servitude of a minor, or trafficking in
19persons and related offenses under Section 10-9 of this Code
20may be commenced within one year of the victim attaining the
21age of 18 years. However, in no such case shall the time period
22for prosecution expire sooner than 3 years after the commission
23of the offense.
24    (c) (Blank).
25    (d) A prosecution for child pornography, aggravated child
26pornography, indecent solicitation of a child, soliciting for a

 

 

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1juvenile prostitute, juvenile pimping, exploitation of a
2child, or promoting juvenile prostitution except for keeping a
3place of juvenile prostitution may be commenced within one year
4of the victim attaining the age of 18 years. However, in no
5such case shall the time period for prosecution expire sooner
6than 3 years after the commission of the offense. When the
7victim is under 18 years of age, a prosecution for criminal
8sexual abuse may be commenced within one year of the victim
9attaining the age of 18 years. However, in no such case shall
10the time period for prosecution expire sooner than 3 years
11after the commission of the offense.
12    (e) Except as otherwise provided in subdivision (j), a
13prosecution for any offense involving sexual conduct or sexual
14penetration, as defined in Section 11-0.1 of this Code, where
15the defendant was within a professional or fiduciary
16relationship or a purported professional or fiduciary
17relationship with the victim at the time of the commission of
18the offense may be commenced within one year after the
19discovery of the offense by the victim.
20    (f) A prosecution for any offense set forth in Section 44
21of the "Environmental Protection Act", approved June 29, 1970,
22as amended, may be commenced within 5 years after the discovery
23of such an offense by a person or agency having the legal duty
24to report the offense or in the absence of such discovery,
25within 5 years after the proper prosecuting officer becomes
26aware of the offense.

 

 

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1    (f-5) A prosecution for any offense set forth in Section
216-30 of this Code may be commenced within 5 years after the
3discovery of the offense by the victim of that offense.
4    (g) (Blank).
5    (h) (Blank).
6    (i) Except as otherwise provided in subdivision (j), a
7prosecution for criminal sexual assault, aggravated criminal
8sexual assault, or aggravated criminal sexual abuse may be
9commenced within 10 years of the commission of the offense if
10the victim reported the offense to law enforcement authorities
11within 3 years after the commission of the offense.
12    Nothing in this subdivision (i) shall be construed to
13shorten a period within which a prosecution must be commenced
14under any other provision of this Section.
15    (i-5) A prosecution for armed robbery, home invasion,
16kidnapping, or aggravated kidnaping may be commenced within 10
17years of the commission of the offense if it arises out of the
18same course of conduct and meets the criteria under one of the
19offenses in subsection (i) of this Section.
20    (j) (1) When the victim is under 18 years of age at the
21time of the offense, a prosecution for criminal sexual assault,
22aggravated criminal sexual assault, predatory criminal sexual
23assault of a child, aggravated criminal sexual abuse, or felony
24criminal sexual abuse may be commenced at any time when
25corroborating physical evidence is available or an individual
26who is required to report an alleged or suspected commission of

 

 

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1any of these offenses under the Abused and Neglected Child
2Reporting Act fails to do so.
3    (2) In circumstances other than as described in paragraph
4(1) of this subsection (j), when the victim is under 18 years
5of age at the time of the offense, a prosecution for criminal
6sexual assault, aggravated criminal sexual assault, predatory
7criminal sexual assault of a child, aggravated criminal sexual
8abuse, or felony criminal sexual abuse, or a prosecution for
9failure of a person who is required to report an alleged or
10suspected commission of any of these offenses under the Abused
11and Neglected Child Reporting Act may be commenced within 20
12years after the child victim attains 18 years of age.
13    (3) When the victim is under 18 years of age at the time of
14the offense, a prosecution for misdemeanor criminal sexual
15abuse may be commenced within 10 years after the child victim
16attains 18 years of age.
17    (4) Nothing in this subdivision (j) shall be construed to
18shorten a period within which a prosecution must be commenced
19under any other provision of this Section.
20    (j-5) A prosecution for armed robbery, home invasion,
21kidnapping, or aggravated kidnaping may be commenced at any
22time if it arises out of the same course of conduct and meets
23the criteria under one of the offenses in subsection (j) of
24this Section.
25    (k) A prosecution for theft involving real property
26exceeding $100,000 in value under Section 16-1, identity theft

 

 

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1under subsection (a) of Section 16-30, aggravated identity
2theft under subsection (b) of Section 16-30, financial
3exploitation of an elderly person or a person with a disability
4under Section 17-56, or any offense set forth in Article 16H or
5Section 17-10.6 may be commenced within 7 years of the last act
6committed in furtherance of the crime.
7    (l) A prosecution for any offense set forth in Section 26-4
8of this Code may be commenced within one year after the
9discovery of the offense by the victim of that offense.
10(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
11eff. 7-16-14; 99-234, eff. 8-3-15.)
 
12    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
13    Sec. 16-1. Theft.
14    (a) A person commits theft when he or she knowingly:
15        (1) Obtains or exerts unauthorized control over
16    property of the owner; or
17        (2) Obtains by deception control over property of the
18    owner; or
19        (3) Obtains by threat control over property of the
20    owner; or
21        (4) Obtains control over stolen property knowing the
22    property to have been stolen or under such circumstances as
23    would reasonably induce him or her to believe that the
24    property was stolen; or
25        (5) Obtains or exerts control over property in the

 

 

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1    custody of any law enforcement agency which any law
2    enforcement officer or any individual acting in behalf of a
3    law enforcement agency explicitly represents to the person
4    as being stolen or represents to the person such
5    circumstances as would reasonably induce the person to
6    believe that the property was stolen, and
7            (A) Intends to deprive the owner permanently of the
8        use or benefit of the property; or
9            (B) Knowingly uses, conceals or abandons the
10        property in such manner as to deprive the owner
11        permanently of such use or benefit; or
12            (C) Uses, conceals, or abandons the property
13        knowing such use, concealment or abandonment probably
14        will deprive the owner permanently of such use or
15        benefit.
16    (b) Sentence.
17        (1) Theft of property not from the person and not
18    exceeding $500 in value is a Class A misdemeanor.
19        (1.1) Theft of property not from the person and not
20    exceeding $500 in value is a Class 4 felony if the theft
21    was committed in a school or place of worship or if the
22    theft was of governmental property.
23        (2) A person who has been convicted of theft of
24    property not from the person and not exceeding $500 in
25    value who has been previously convicted of any type of
26    theft, robbery, armed robbery, burglary, residential

 

 

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1    burglary, possession of burglary tools, home invasion,
2    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
3    4-103.3 of the Illinois Vehicle Code relating to the
4    possession of a stolen or converted motor vehicle, or a
5    violation of Section 17-36 of the Criminal Code of 1961 or
6    the Criminal Code of 2012, or Section 8 of the Illinois
7    Credit Card and Debit Card Act is guilty of a Class 4
8    felony.
9        (3) (Blank).
10        (4) Theft of property from the person not exceeding
11    $500 in value, or theft of property exceeding $500 and not
12    exceeding $10,000 in value, is a Class 3 felony.
13        (4.1) Theft of property from the person not exceeding
14    $500 in value, or theft of property exceeding $500 and not
15    exceeding $10,000 in value, is a Class 2 felony if the
16    theft was committed in a school or place of worship or if
17    the theft was of governmental property.
18        (5) Theft of property exceeding $10,000 and not
19    exceeding $100,000 in value is a Class 2 felony.
20        (5.1) Theft of property exceeding $10,000 and not
21    exceeding $100,000 in value is a Class 1 felony if the
22    theft was committed in a school or place of worship or if
23    the theft was of governmental property.
24        (6) Theft of property exceeding $100,000 and not
25    exceeding $500,000 in value is a Class 1 felony.
26        (6.1) Theft of property exceeding $100,000 in value is

 

 

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1    a Class X felony if the theft was committed in a school or
2    place of worship or if the theft was of governmental
3    property.
4        (6.2) Theft of property exceeding $500,000 and not
5    exceeding $1,000,000 in value is a Class 1
6    non-probationable felony.
7        (6.3) Theft of property exceeding $1,000,000 in value
8    is a Class X felony.
9        (7) Theft by deception, as described by paragraph (2)
10    of subsection (a) of this Section, in which the offender
11    obtained money or property valued at $5,000 or more from a
12    victim 60 years of age or older or a person with a
13    disability is a Class 2 felony.
14        (8) Theft by deception, as described by paragraph (2)
15    of subsection (a) of this Section, in which the offender
16    falsely poses as a landlord or agent or employee of the
17    landlord and obtains a rent payment or a security deposit
18    from a tenant is a Class 3 felony if the rent payment or
19    security deposit obtained does not exceed $500.
20        (9) Theft by deception, as described by paragraph (2)
21    of subsection (a) of this Section, in which the offender
22    falsely poses as a landlord or agent or employee of the
23    landlord and obtains a rent payment or a security deposit
24    from a tenant is a Class 2 felony if the rent payment or
25    security deposit obtained exceeds $500 and does not exceed
26    $10,000.

 

 

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1        (10) Theft by deception, as described by paragraph (2)
2    of subsection (a) of this Section, in which the offender
3    falsely poses as a landlord or agent or employee of the
4    landlord and obtains a rent payment or a security deposit
5    from a tenant is a Class 1 felony if the rent payment or
6    security deposit obtained exceeds $10,000 and does not
7    exceed $100,000.
8        (11) Theft by deception, as described by paragraph (2)
9    of subsection (a) of this Section, in which the offender
10    falsely poses as a landlord or agent or employee of the
11    landlord and obtains a rent payment or a security deposit
12    from a tenant is a Class X felony if the rent payment or
13    security deposit obtained exceeds $100,000.
14    (c) When a charge of theft of property exceeding a
15specified value is brought, the value of the property involved
16is an element of the offense to be resolved by the trier of
17fact as either exceeding or not exceeding the specified value.
18    (d) Theft by lessee; permissive inference. The trier of
19fact may infer evidence that a person intends to deprive the
20owner permanently of the use or benefit of the property (1) if
21a lessee of the personal property of another fails to return it
22to the owner within 10 days after written demand from the owner
23for its return or (2) if a lessee of the personal property of
24another fails to return it to the owner within 24 hours after
25written demand from the owner for its return and the lessee had
26presented identification to the owner that contained a

 

 

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1materially fictitious name, address, or telephone number. A
2notice in writing, given after the expiration of the leasing
3agreement, addressed and mailed, by registered mail, to the
4lessee at the address given by him and shown on the leasing
5agreement shall constitute proper demand.
6    (e) Permissive inference; evidence of intent that a person
7obtains by deception control over property. The trier of fact
8may infer that a person "knowingly obtains by deception control
9over property of the owner" when he or she fails to return,
10within 45 days after written demand from the owner, the
11downpayment and any additional payments accepted under a
12promise, oral or in writing, to perform services for the owner
13for consideration of $3,000 or more, and the promisor knowingly
14without good cause failed to substantially perform pursuant to
15the agreement after taking a down payment of 10% or more of the
16agreed upon consideration. This provision shall not apply where
17the owner initiated the suspension of performance under the
18agreement, or where the promisor responds to the notice within
19the 45-day notice period. A notice in writing, addressed and
20mailed, by registered mail, to the promisor at the last known
21address of the promisor, shall constitute proper demand.
22    (f) Offender's interest in the property.
23        (1) It is no defense to a charge of theft of property
24    that the offender has an interest therein, when the owner
25    also has an interest to which the offender is not entitled.
26        (2) Where the property involved is that of the

 

 

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1    offender's spouse, no prosecution for theft may be
2    maintained unless the parties were not living together as
3    man and wife and were living in separate abodes at the time
4    of the alleged theft.
5(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
696-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
71-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
8eff. 1-25-13.)
 
9    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
10    Sec. 17-56. Financial exploitation of an elderly person or
11a person with a disability.
12    (a) A person commits financial exploitation of an elderly
13person or a person with a disability when he or she stands in a
14position of trust or confidence with the elderly person or a
15person with a disability and he or she knowingly:
16        (1) and by deception or intimidation obtains control
17    over the property of an elderly person or a person with a
18    disability; or
19        (2) illegally uses the assets or resources of an
20    elderly person or a person with a disability.
21    (b) Sentence. Financial exploitation of an elderly person
22or a person with a disability is: (1) a Class 4 felony if the
23value of the property is $300 or less, (2) a Class 3 felony if
24the value of the property is more than $300 but less than
25$5,000, (3) a Class 2 felony if the value of the property is

 

 

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1$5,000 or more but less than $50,000, and (4) a Class 1 felony
2if the value of the property is $50,000 or more or if the
3elderly person is over 70 years of age and the value of the
4property is $15,000 or more or if the elderly person is 80
5years of age or older and the value of the property is $5,000
6or more.
7    (c) For purposes of this Section:
8        (1) "Elderly person" means a person 60 years of age or
9    older.
10        (2) "Person with a disability" means a person who
11    suffers from a physical or mental impairment resulting from
12    disease, injury, functional disorder or congenital
13    condition that impairs the individual's mental or physical
14    ability to independently manage his or her property or
15    financial resources, or both.
16        (3) "Intimidation" means the communication to an
17    elderly person or a person with a disability that he or she
18    shall be deprived of food and nutrition, shelter,
19    prescribed medication or medical care and treatment or
20    conduct as provided in Section 12-6 of this Code.
21        (4) "Deception" means, in addition to its meaning as
22    defined in Section 15-4 of this Code, a misrepresentation
23    or concealment of material fact relating to the terms of a
24    contract or agreement entered into with the elderly person
25    or person with a disability or to the existing or
26    pre-existing condition of any of the property involved in

 

 

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

 

 

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

 

 

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1arising out of the financial exploitation of an elderly person
2or a person with a disability.
3    (h) If a person is charged with financial exploitation of
4an elderly person or a person with a disability that involves
5the taking or loss of property valued at more than $5,000, a
6prosecuting attorney may file a petition with the circuit court
7of the county in which the defendant has been charged to freeze
8the assets of the defendant in an amount equal to but not
9greater than the alleged value of lost or stolen property in
10the defendant's pending criminal proceeding for purposes of
11restitution to the victim. The burden of proof required to
12freeze the defendant's assets shall be by a preponderance of
13the evidence.
14(Source: P.A. 99-272, eff. 1-1-16.)