State of Illinois
91st General Assembly

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 1        AN ACT concerning neglect of the elderly or disabled.

 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  1961 is amended by
 5    changing Section 12-21 as follows:

 6        (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
 7        Sec. 12-21.  Criminal neglect of an elderly  or  disabled
 8    person.
 9        (a)  A  person commits the offense of criminal neglect of
10    an elderly or disabled person when he is a caregiver  and  he
11    knowingly:
12             (1)  performs   acts  which  cause  the  elderly  or
13        disabled person's life to be  endangered,  health  to  be
14        injured,  or pre-existing physical or mental condition to
15        deteriorate; or
16             (2)  fails  to  perform  acts  which  he  knows   or
17        reasonably  should  know  are  necessary  to  maintain or
18        preserve the life or health of the  elderly  or  disabled
19        person  and  such  failure causes the elderly or disabled
20        person's life to be endangered, health to be  injured  or
21        pre-existing physical or mental condition to deteriorate;
22        or
23             (3)  abandons the elderly or disabled person.
24        Criminal  neglect  of  an  elderly  person  is  a Class 3
25    felony.
26        (b)  For purposes of this Section:
27             (1)  "Elderly person" means a person 60 years of age
28        or older who is suffering from  a  disease  or  infirmity
29        associated  with advanced age and manifested by physical,
30        mental or emotional dysfunctioning  to  the  extent  that
31        such  person is incapable of adequately providing for his
                            -2-                LRB9104929REpk
 1        own health and personal care.
 2             (2)  "Disabled person" means a  person  who  suffers
 3        from a permanent physical or mental impairment, resulting
 4        from  disease,  injury, functional disorder or congenital
 5        condition  which  renders  such   person   incapable   of
 6        adequately  providing  for  his  own  health and personal
 7        care.
 8             (3)  "Caregiver" means a person who has  a  duty  to
 9        provide  for  an  elderly or disabled person's health and
10        personal care,  at  such  person's  place  of  residence,
11        including   but  not  limited  to,  food  and  nutrition,
12        shelter, hygiene, prescribed medication and medical  care
13        and treatment.
14             "Caregiver" shall include:
15                  (A)  a  parent,  spouse,  adult  child or other
16             relative by blood or marriage who  resides  with  or
17             resides  in  the  same  building  with and regularly
18             visits the elderly  or  disabled  person,  knows  or
19             reasonably  should know of such person's physical or
20             mental impairment and  knows  or  reasonably  should
21             know  that  such  person  is  unable  to  adequately
22             provide for his own health and personal care;
23                  (B)  a person who is employed by the elderly or
24             disabled  person  or  by  another  to reside with or
25             regularly visit the elderly or disabled  person  and
26             provide for such person's health and personal care;
27                  (C)  a  person who has agreed for consideration
28             to reside with or regularly  visit  the  elderly  or
29             disabled person and provide for such person's health
30             and personal care; and
31                  (D)  a  person  who  has  been  appointed  by a
32             private or public agency or by a court of  competent
33             jurisdiction  to provide for the elderly or disabled
34             person's health and personal care.
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 1             "Caregiver"  shall  not  include  a  long-term  care
 2        facility licensed or certified  under  the  Nursing  Home
 3        Care   Act   or  any  administrative,  medical  or  other
 4        personnel of such a facility, or a health  care  provider
 5        who  is  licensed  under the Medical Practice Act of 1987
 6        and  renders  care  in  the  ordinary   course   of   his
 7        profession.
 8             (4)  "Abandon"  means to desert or knowingly forsake
 9        an elderly or  disabled  person  under  circumstances  in
10        which  a reasonable person would continue to provide care
11        and custody.
12        (c)  Nothing in this Section shall be construed to  limit
13    the  remedies  available  to  the  victim  under the Illinois
14    Domestic Violence Act.
15        (d)  Nothing in this Section shall be construed to impose
16    criminal liability on a person who  has  made  a  good  faith
17    effort  to  provide  for  the  health and personal care of an
18    elderly or disabled person, but through no fault of  his  own
19    has been unable to provide such care.
20        (e)  Nothing  in  this  Section  shall  be  construed  as
21    prohibiting  a  person  from providing treatment by spiritual
22    means through prayer alone and care consistent  therewith  in
23    lieu  of  medical  care  and treatment in accordance with the
24    tenets and practices of any church or religious  denomination
25    of which the elderly or disabled person is a member.
26        (f)  It  shall not be a defense to criminal neglect of an
27    elderly  or  disabled  person  that  the  accused  reasonably
28    believed that the victim  was  not  an  elderly  or  disabled
29    person.
30    (Source: P.A. 90-14, eff. 7-1-97.)

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