House Sponsors: LANG-MCKEON-FLOWERS-SCOTT-GILES, MENDOZA, LYONS,JOSEPH, HOLBROOK, DAVIS,MONIQUE, FRANKS, FOWLER, FORBY, COULSON AND BELLOCK. Senate Sponsors: MADIGAN,L-OBAMA-LIGHTFORD 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 END OF INQUIRY Full Text Bill Status