92nd General Assembly
Summary of HB0596
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Short description: 
ELDERLY & DISABLED-ABUSE                                                   

Synopsis of Bill as introduced:
        Amends the Elder Abuse and  Neglect  Act.  Includes  bankers  and      
   attorneys  as  mandated  reporters  of  abuse,  neglect, and financial      
   exploitation. Requires the  Department  on  Aging  to   establish  and      
   coordinate  specified elder abuse training and education programs  and      
   establish a database  of  caregivers  convicted  of  certain  offenses      
   against  the elderly or disabled. Provides that mandated reporters who      
   fail to report abuse, neglect, and  financial  exploitation  shall  be      
   reported  for  professional discipline, and imposes criminal penalties      
   against other persons who are required to report  under  the  Act  but      
   fail  to  do so. Amends the Criminal Code of 1961. Changes elements of      
   and penalties for the offenses of abuse and neglect  of  a  long  term      
   care  facility  resident,  criminal  neglect of an elderly or disabled      
   person, and financial exploitation of an elderly or  disabled  person.      
   Amends  the  Code  of  Criminal  Procedure of 1963. Permits victims of      
   certain offenses against the elderly to testify  through  an  evidence      
   deposition  rather  than  appear  in court. Amends the Unified Code of      
   Corrections. Permits the court  to  sentence  a  person  convicted  of      
   certain offenses against the elderly or disabled to community service,      
   impact incarceration, or an alcohol or substance abuse program. Amends      
   the  Probate  Act  of 1975. Provides that persons convicted of certain      
   offenses against the elderly or disabled may not inherit property from      
   a victim.  Makes other changes.                                             
          FISCAL NOTE (Department on Aging)                                    
          HB 596 will initially cost the State an estimated $1,550,000:        
           Executive II position                               $   62,500      
           Hearing officer position                            $   62,500      
           Development of computer capacity for a                              
            caregiver registry                                 $  125,000      
           Two-year follow-up costs                            $1,300,000      
          FISCAL NOTE (Department of Corrections)                              
          HB 596 would increase the prison population by 3 inmates at a        
          cost of $441,500 over ten years: $335,500 in operating costs         
          and $106,000 in construction costs.                                  
          CORRECTIONAL NOTE (Department of Corrections)                        
          Same as DOC fiscal note.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          320 ILCS 20/2                                                        
        Deletes provisions making bankers and lawyers mandated  reporters      
   of  elder  abuse.   Deletes  a provision requiring banks and financial      
   institutions to send pamphlets concerning financial exploitation  with      
   their  customers'  statements.   Restores,  in  a provision concerning      
   civil liability for failing to return a victim's  property  within  60      
   days  of  the victim's request, language making only those persons who      
   are charged by information or indictment with  financial  exploitation      
   of  an  elderly  person  or  person  with a disability civilly liable.      
   Deletes, in a provision  making  a  holder  of  property  immune  from      
   liability for distributing or releasing property to a person convicted      
   of  elder  abuse, a requirement that the distribution or release occur      
   before the conviction.                                                      
        HOUSE AMENDMENT NO. 2.                                                 
        Restores exemption from the offense of abuse and criminal neglect      
   of a long  term  care  facility  resident,  a  physician  licensed  to      
   practice  medicine  in  all  its  branches  or  a  duly licensed nurse      
   providing care within the scope of his or  her  professional  judgment      
   and  within   the accepted standards of care within the community.  In      
   the statute concerning the criminal neglect of an elderly or  disabled      
   person,  changes  references  from "disabled person" to "person with a      
   disability".  In that statute, deletes from the definition of "elderly      
   person", that the person must be suffering from a disease or infirmity      
   associated with advanced age and manifested by  physical,  mental,  or      
   emotional  dysfunctioning.  In that statute, provides that a caregiver      
   who is a relative need not reside with the elderly  person  or  person      
   with  a  disability  if the caregiver regularly visits the person.  In      
   the amendatory changes to the Probate Act  of  1975  that  prohibit  a      
   person  convicted  of  certain offenses against the elderly or persons      
   with  a  disability  from  inheriting  property  from  those  persons,      
   provides that the Department of State Police has access  to  State  of      
   Illinois  databases  for  information  about  the  location of persons      
   convicted of those offenses.                                                
        HOUSE AMENDMENT NO. 3.                                                 
        Further amends the Elder Abuse and Neglect  Act.   Provides  that      
   all mandated reporters (rather than just those who are not licensed by      
   the  State)  who fail to report suspected abuse, neglect, or financial      
   exploitation under the Act are guilty of a Class A misdemeanor.             
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   0


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