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91_HB2831ham001
LRB9105180RCgcam01
1 AMENDMENT TO HOUSE BILL 2831
2 AMENDMENT NO. . Amend House Bill 2831 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 12-19 and 12-21."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 12-19 and 12-21 as follows:
10 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
11 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
12 Facility Resident.
13 (a) Any person or any owner or licensee of a long term
14 care facility who abuses a long term care facility resident
15 is guilty of a Class 2 3 felony. Any person or any owner or
16 licensee of a long term care facility who grossly neglects a
17 long term care facility resident is guilty of a Class 3 4
18 felony. However, nothing herein shall be deemed to apply to
19 a physician licensed to practice medicine in all its branches
20 or a duly licensed nurse providing care within the scope of
21 his or her professional judgment and within the accepted
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1 standards of care within the community.
2 (b) Notwithstanding the penalties in subsections (a) and
3 (c) and in addition thereto, if a licensee or owner of a long
4 term care facility or his or her employee has caused neglect
5 of a resident, the licensee or owner is guilty of a petty
6 offense. An owner or licensee is guilty under this
7 subsection (b) only if the owner or licensee failed to
8 exercise reasonable care in the hiring, training, supervising
9 or providing of staff or other related routine administrative
10 responsibilities.
11 (c) Notwithstanding the penalties in subsections (a) and
12 (b) and in addition thereto, if a licensee or owner of a long
13 term care facility or his or her employee has caused gross
14 neglect of a resident, the licensee or owner is guilty of a
15 business offense for which a fine of not more than $10,000
16 may be imposed. An owner or licensee is guilty under this
17 subsection (c) only if the owner or licensee failed to
18 exercise reasonable care in the hiring, training, supervising
19 or providing of staff or other related routine administrative
20 responsibilities.
21 (d) For the purpose of this Section:
22 (1) "Abuse" means intentionally or knowingly
23 causing any physical or mental injury or committing any
24 sexual offense set forth in this Code.
25 (2) "Gross neglect" means recklessly failing to
26 provide adequate medical or personal care or maintenance,
27 which failure results in physical or mental injury or the
28 deterioration of a physical or mental condition.
29 (3) "Neglect" means negligently failing to provide
30 adequate medical or personal care or maintenance, which
31 failure results in physical or mental injury or the
32 deterioration of a physical or mental condition.
33 (4) "Resident" means a person residing in a long
34 term care facility.
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1 (5) "Owner" means the person who owns a long term
2 care facility as provided under the Nursing Home Care
3 Act.
4 (6) "Licensee" means the individual or entity
5 licensed to operate a facility under the Nursing Home
6 Care Act.
7 (7) "Facility" or "long term care facility" means a
8 private home, institution, building, residence, or any
9 other place, whether operated for profit or not, or a
10 county home for the infirm and chronically ill operated
11 pursuant to Division 5-21 or 5-22 of the Counties Code,
12 or any similar institution operated by the State of
13 Illinois or a political subdivision thereof, which
14 provides, through its ownership or management, personal
15 care, sheltered care or nursing for 3 or more persons not
16 related to the owner by blood or marriage. The term also
17 includes skilled nursing facilities and intermediate care
18 facilities as defined in Title XVIII and Title XIX of the
19 federal Social Security Act.
20 (e) Nothing contained in this Section shall be deemed to
21 apply to the medical supervision, regulation or control of
22 the remedial care or treatment of residents in a facility
23 conducted for those who rely upon treatment by prayer or
24 spiritual means in accordance with the creed or tenets of any
25 well recognized church or religious denomination and which is
26 licensed in accordance with Section 3-803 of the Nursing Home
27 Care Act.
28 (Source: P.A. 86-820; 86-1475.)
29 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
30 Sec. 12-21. Criminal neglect of an elderly or disabled
31 person.
32 (a) A person commits the offense of criminal neglect of
33 an elderly or disabled person when he is a caregiver and he
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1 knowingly:
2 (1) performs acts which cause the elderly or
3 disabled person's life to be endangered, health to be
4 injured, or pre-existing physical or mental condition to
5 deteriorate; or
6 (2) fails to perform acts which he knows or
7 reasonably should know are necessary to maintain or
8 preserve the life or health of the elderly or disabled
9 person and such failure causes the elderly or disabled
10 person's life to be endangered, health to be injured or
11 pre-existing physical or mental condition to deteriorate;
12 or
13 (3) abandons the elderly or disabled person.
14 Criminal neglect of an elderly person is a Class 2 3
15 felony.
16 (b) For purposes of this Section:
17 (1) "Elderly person" means a person 60 years of age
18 or older who is suffering from a disease or infirmity
19 associated with advanced age and manifested by physical,
20 mental or emotional dysfunctioning to the extent that
21 such person is incapable of adequately providing for his
22 own health and personal care.
23 (2) "Disabled person" means a person who suffers
24 from a permanent physical or mental impairment, resulting
25 from disease, injury, functional disorder or congenital
26 condition which renders such person incapable of
27 adequately providing for his own health and personal
28 care.
29 (3) "Caregiver" means a person who has a duty to
30 provide for an elderly or disabled person's health and
31 personal care, at such person's place of residence,
32 including but not limited to, food and nutrition,
33 shelter, hygiene, prescribed medication and medical care
34 and treatment.
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1 "Caregiver" shall include:
2 (A) a parent, spouse, adult child or other
3 relative by blood or marriage who resides with or
4 resides in the same building with and regularly
5 visits the elderly or disabled person, knows or
6 reasonably should know of such person's physical or
7 mental impairment and knows or reasonably should
8 know that such person is unable to adequately
9 provide for his own health and personal care;
10 (B) a person who is employed by the elderly or
11 disabled person or by another to reside with or
12 regularly visit the elderly or disabled person and
13 provide for such person's health and personal care;
14 (C) a person who has agreed for consideration
15 to reside with or regularly visit the elderly or
16 disabled person and provide for such person's health
17 and personal care; and
18 (D) a person who has been appointed by a
19 private or public agency or by a court of competent
20 jurisdiction to provide for the elderly or disabled
21 person's health and personal care.
22 "Caregiver" shall not include a long-term care
23 facility licensed or certified under the Nursing Home
24 Care Act or any administrative, medical or other
25 personnel of such a facility, or a health care provider
26 who is licensed under the Medical Practice Act of 1987
27 and renders care in the ordinary course of his
28 profession.
29 (4) "Abandon" means to desert or knowingly forsake
30 an elderly or disabled person under circumstances in
31 which a reasonable person would continue to provide care
32 and custody.
33 (c) Nothing in this Section shall be construed to limit
34 the remedies available to the victim under the Illinois
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1 Domestic Violence Act.
2 (d) Nothing in this Section shall be construed to impose
3 criminal liability on a person who has made a good faith
4 effort to provide for the health and personal care of an
5 elderly or disabled person, but through no fault of his own
6 has been unable to provide such care.
7 (e) Nothing in this Section shall be construed as
8 prohibiting a person from providing treatment by spiritual
9 means through prayer alone and care consistent therewith in
10 lieu of medical care and treatment in accordance with the
11 tenets and practices of any church or religious denomination
12 of which the elderly or disabled person is a member.
13 (f) It shall not be a defense to criminal neglect of an
14 elderly or disabled person that the accused reasonably
15 believed that the victim was not an elderly or disabled
16 person.
17 (Source: P.A. 90-14, eff. 7-1-97.)".