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Public Act 101-0182


 

Public Act 0182 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0182
 
HB0347 EnrolledLRB101 04884 LNS 49893 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Section 2-6.2 as follows:
 
    (755 ILCS 5/2-6.2)
    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
    (a) In this Section:
    "Abuse" means any offense described in Section 12-1, 12-2,
12-3, 12-3.05, or 12-21 or subsection (b) of Section 12-4.4a of
the Criminal Code of 1961 or the Criminal Code of 2012.
    "Elderly person" has the meaning provided in subsection (e)
of Section 12-4.4a of the Criminal Code of 2012.
    "Financial exploitation" means any offense or act
described or defined in Section 16-1.3 or 17-56 of the Criminal
Code of 1961 or the Criminal Code of 2012, and, in the context
of civil proceedings, the taking, use, or other
misappropriation of the assets or resources of an elderly
person or a person with a disability contrary to law,
including, but not limited to, misappropriation of assets or
resources by undue influence, breach of a fiduciary
relationship, fraud, deception, extortion, and conversion.
    "Neglect" means any offense described in Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of 1961
or the Criminal Code of 2012.
    (b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability or
persons who have been found by a preponderance of the evidence
to be civilly liable for financial exploitation shall not
receive any property, benefit, or other interest by reason of
the death of that elderly person or person with a disability,
whether as heir, legatee, beneficiary, survivor, appointee,
claimant under Section 18-1.1, or in any other capacity and
whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of
this Section, the property, benefit, or other interest shall
pass as if the person convicted of the financial exploitation,
abuse, or neglect or person found civilly liable for financial
exploitation died before the decedent, provided that with
respect to joint tenancy property the interest possessed prior
to the death by the person convicted of the financial
exploitation, abuse, or neglect shall not be diminished by the
application of this Section. Notwithstanding the foregoing, a
person convicted of financial exploitation, abuse, or neglect
of an elderly person or a person with a disability or a person
who has been found by a preponderance of the evidence to be
civilly liable for financial exploitation shall be entitled to
receive property, a benefit, or an interest in any capacity and
under any circumstances described in this subsection (b) if it
is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction or finding of
civil liability and subsequent to the conviction or finding of
civil liability expressed or ratified his or her intent to
transfer the property, benefit, or interest to the person
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability or the person
found by a preponderance of the evidence to be civilly liable
for financial exploitation in any manner contemplated by this
subsection (b).
    (c)(1) The holder of any property subject to the provisions
of this Section shall not be liable for distributing or
releasing the property to the person convicted of financial
exploitation, abuse, or neglect of an elderly person or a
person with a disability or the person who has been found by a
preponderance of the evidence to be civilly liable for
financial exploitation if the distribution or release occurs
prior to the conviction or finding of civil liability.
    (2) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall
not be liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or the person who has been
found by a preponderance of the evidence to be civilly liable
for financial exploitation unless the holder knowingly
distributes or releases the property, benefit, or other
interest to the person so convicted or found civilly liable
after first having received actual written notice of the
conviction in sufficient time to act upon the notice.
    (d) If the holder of any property subject to the provisions
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability or has been found
by a preponderance of the evidence to be civilly liable for
financial exploitation within the scope of this Section, the
holder shall fully cooperate with law enforcement authorities
and judicial officers in connection with any investigation of
the financial exploitation, abuse, or neglect. If the holder is
a person or entity that is subject to regulation by a
regulatory agency pursuant to the laws of this or any other
state or pursuant to the laws of the United States, including
but not limited to the business of a financial institution,
corporate fiduciary, or insurance company, then such person or
entity shall not be deemed to be in violation of this Section
to the extent that privacy laws and regulations applicable to
such person or entity prevent it from voluntarily providing law
enforcement authorities or judicial officers with information.
    (e) A civil action against a person for financial
exploitation may be brought by an interested person, pursuant
to this Section, after the death of the victim or during the
lifetime of the victim if the victim is adjudicated a person
with a disability. A guardian is under no duty to bring a civil
action under this subsection during the ward's lifetime, but
may do so if the guardian believes it is in the best interests
of the ward.
    (f) The court may, in its discretion, consider such facts
and circumstances as it deems appropriate to allow the person
found civilly liable for financial exploitation to receive a
reduction in interest or benefit rather than no interest or
benefit as stated under subsection (b) of this Section.
(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)

Effective Date: 1/1/2020