Public Act 103-0293
HB2100 EnrolledLRB103 25103 RLC 51438 b HB2100 Enrolled LRB103 25103 RLC 51438 b
HB2100 Enrolled LRB103 25103 RLC 51438 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 12-4.4a and 17-56 as follows:
(720 ILCS 5/12-4.4a)
Sec. 12-4.4a. Abuse or criminal neglect of a long term
care facility resident; criminal abuse or neglect of an
elderly person or person with a disability.
(a) Abuse or criminal neglect of a long term care facility
resident.
(1) A person or an owner or licensee commits abuse of a
long term care facility resident when he or she knowingly
causes any physical or mental injury to, or commits any
sexual offense in this Code against, a resident.
(2) A person or an owner or licensee commits criminal
neglect of a long term care facility resident when he or
she recklessly:
(A) performs acts that cause a resident's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate, or that
create the substantial likelihood that a resident's an
elderly person's or person with a disability's life
HB2100 Enrolled LRB103 25103 RLC 51438 b
will be endangered, health will be injured, or
pre-existing physical or mental condition will
deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of a resident, and that
failure causes the resident's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate, or that create the
substantial likelihood that a resident's an elderly
person's or person with a disability's life will be
endangered, health will be injured, or pre-existing
physical or mental condition will deteriorate; or
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect
of a long term care facility resident when he or she
negligently fails to provide adequate medical care,
personal care, or maintenance to the resident which
results in physical or mental injury or deterioration of
the resident's physical or mental condition. An owner or
licensee is guilty under this subdivision (a)(3), however,
only if the owner or licensee failed to exercise
reasonable care in the hiring, training, supervising, or
providing of staff or other related routine administrative
responsibilities.
(b) Criminal abuse or neglect of an elderly person or
person with a disability.
(1) A caregiver commits criminal abuse or neglect of
an elderly person or person with a disability when he or
she knowingly does any of the following:
(A) performs acts that cause the person's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of the person, and that
failure causes the person's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate;
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the person; or
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect of
an elderly person or person with a disability that the
caregiver reasonably believed that the victim was not an
elderly person or person with a disability.
(c) Offense not applicable.
(1) Nothing in this Section applies to 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.
(2) Nothing in this Section imposes criminal liability
on a caregiver who made a good faith effort to provide for
the health and personal care of an elderly person or
person with a disability, but through no fault of his or
her own was unable to provide such care.
(3) Nothing in this Section applies to the medical
supervision, regulation, or control of the remedial care
or treatment of residents in a long term care facility
conducted for those who rely upon treatment by prayer or
spiritual means in accordance with the creed or tenets of
any well-recognized church or religious denomination as
described in Section 3-803 of the Nursing Home Care Act,
Section 1-102 of the Specialized Mental Health
Rehabilitation Act of 2013, Section 3-803 of the ID/DD
Community Care Act, or Section 3-803 of the MC/DD Act.
(4) Nothing in this Section prohibits a caregiver from
providing treatment to an elderly person or person with a
disability by spiritual means through prayer alone and
care consistent therewith in lieu of medical care and
treatment in accordance with the tenets and practices of
any church or religious denomination of which the elderly
person or person with a disability is a member.
(5) Nothing in this Section limits the remedies
available to the victim under the Illinois Domestic
Violence Act of 1986.
(d) Sentence.
(1) Long term care facility. Abuse of a long term care
facility resident is a Class 3 felony. Criminal neglect of
a long term care facility resident is a Class 4 felony,
unless it results in the resident's death in which case it
is a Class 3 felony. Neglect of a long term care facility
resident is a petty offense.
(2) Caregiver. Criminal abuse or neglect of an elderly
person or person with a disability is a Class 3 felony,
unless it results in the person's death in which case it is
a Class 2 felony, and if imprisonment is imposed it shall
be for a minimum term of 3 years and a maximum term of 14
years.
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident
or an elderly person or person with a disability under
circumstances in which a reasonable person would continue to
provide care and custody.
"Caregiver" means a person who has a duty to provide for an
elderly person or person with a disability's health and
personal care, at the elderly person or person with a
disability's place of residence, including, but not limited
to, food and nutrition, shelter, hygiene, prescribed
medication, and medical care and treatment, and includes any
of the following:
(1) A parent, spouse, adult child, or other relative
by blood or marriage who resides with or resides in the
same building with or regularly visits the elderly person
or person with a disability, knows or reasonably should
know of such person's physical or mental impairment, and
knows or reasonably should know that such person is unable
to adequately provide for his or her own health and
personal care.
(2) A person who is employed by the elderly person or
person with a disability or by another to reside with or
regularly visit the elderly person or person with a
disability and provide for such person's health and
personal care.
(3) A person who has agreed for consideration to
reside with or regularly visit the elderly person or
person with a disability and provide for such person's
health and personal care.
(4) A person who has been appointed by a private or
public agency or by a court of competent jurisdiction to
provide for the elderly person or person with a
disability's health and personal care.
"Caregiver" does not include a long-term care facility
licensed or certified under the Nursing Home Care Act or a
facility licensed or certified under the ID/DD Community Care
Act, the MC/DD Act, or the Specialized Mental Health
Rehabilitation Act of 2013, or any administrative, medical, or
other personnel of such a facility, or a health care provider
who is licensed under the Medical Practice Act of 1987 and
renders care in the ordinary course of his or her profession.
"Elderly person" means a person 60 years of age or older
who is incapable of adequately providing for his or her own
health and personal care.
"Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, the MC/DD Act, or the Assisted
Living and Shared Housing Act.
"Long term care facility" means a private home,
institution, building, residence, or other place, whether
operated for profit or not, or a county home for the infirm and
chronically ill operated pursuant to Division 5-21 or 5-22 of
the Counties Code, or any similar institution operated by the
State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care, or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined
in Titles XVIII and XIX of the federal Social Security Act and
assisted living establishments and shared housing
establishments licensed under the Assisted Living and Shared
Housing Act.
"Owner" means the owner of a long term care facility as
provided in the Nursing Home Care Act, the owner of a facility
as provided under the Specialized Mental Health Rehabilitation
Act of 2013, the owner of a facility as provided in the ID/DD
Community Care Act, the owner of a facility as provided in the
MC/DD Act, or the owner of an assisted living or shared housing
establishment as provided in the Assisted Living and Shared
Housing Act.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment, resulting from
disease, injury, functional disorder, or congenital condition,
which renders the person incapable of adequately providing for
his or her own health and personal care.
"Resident" means a person residing in a long term care
facility.
"Willful deprivation" has the meaning ascribed to it in
paragraph (15) of Section 103 of the Illinois Domestic
Violence Act of 1986.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
99-642, eff. 7-28-16.)
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
Sec. 17-56. Financial exploitation of an elderly person or
a person with a disability.
(a) A person commits financial exploitation of an elderly
person or a person with a disability when he or she stands in a
position of trust or confidence with the elderly person or a
person with a disability and he or she knowingly:
(1) by deception or intimidation obtains control over
the property of an elderly person or a person with a
disability; or
(2) illegally uses the assets or resources of an
elderly person or a person with a disability.
(b) Sentence. Financial exploitation of an elderly person
or a person with a disability is: (1) a Class 4 felony if the
value of the property is $300 or less, (2) a Class 3 felony if
the value of the property is more than $300 but less than
$5,000, (3) a Class 2 felony if the value of the property is
$5,000 or more but less than $50,000, and (4) a Class 1 felony
if the value of the property is $50,000 or more or if the
elderly person is over 70 years of age or older and the value
of the property is $15,000 or more or if the elderly person is
80 years of age or older and the value of the property is
$5,000 or more.
(c) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age or
older.
(2) "Person with a disability" means a person who
suffers from a physical or mental impairment resulting
from disease, injury, functional disorder or congenital
condition that impairs the individual's mental or physical
ability to independently manage his or her property or
financial resources, or both.
(3) "Intimidation" means the communication to an
elderly person or a person with a disability that he or she
shall be deprived of food and nutrition, shelter,
prescribed medication or medical care and treatment or
conduct as provided in Section 12-6 of this Code.
(4) "Deception" means, in addition to its meaning as
defined in Section 15-4 of this Code, a misrepresentation
or concealment of material fact relating to the terms of a
contract or agreement entered into with the elderly person
or person with a disability or to the existing or
pre-existing condition of any of the property involved in
such contract or agreement; or the use or employment of
any misrepresentation, false pretense or false promise in
order to induce, encourage or solicit the elderly person
or person with a disability to enter into a contract or
agreement.
The illegal use of the assets or resources of an elderly
person or a person with a disability includes, but is not
limited to, the misappropriation of those assets or resources
by undue influence, breach of a fiduciary relationship, fraud,
deception, extortion, or use of the assets or resources
contrary to law.
A person stands in a position of trust and confidence with
an elderly person or person with a disability when he (i) is a
parent, spouse, adult child or other relative by blood or
marriage of the elderly person or person with a disability,
(ii) is a joint tenant or tenant in common with the elderly
person or person with a disability, (iii) has a legal or
fiduciary relationship with the elderly person or person with
a disability, (iv) is a financial planning or investment
professional, (v) is a paid or unpaid caregiver for the
elderly person or person with a disability, or (vi) is a friend
or acquaintance in a position of trust.
(d) Limitations. Nothing in this Section shall be
construed to limit the remedies available to the victim under
the Illinois Domestic Violence Act of 1986.
(e) Good faith efforts. Nothing in this Section shall be
construed to impose criminal liability on a person who has
made a good faith effort to assist the elderly person or person
with a disability in the management of his or her property, but
through no fault of his or her own has been unable to provide
such assistance.
(f) Not a defense. It shall not be a defense to financial
exploitation of an elderly person or person with a disability
that the accused reasonably believed that the victim was not
an elderly person or person with a disability. Consent is not a
defense to financial exploitation of an elderly person or a
person with a disability if the accused knew or had reason to
know that the elderly person or a person with a disability
lacked capacity to consent.
(g) Civil Liability. A civil cause of action exists for
financial exploitation of an elderly person or a person with a
disability as described in subsection (a) of this Section. A
person against whom a civil judgment has been entered for
financial exploitation of an elderly person or person with a
disability shall be liable to the victim or to the estate of
the victim in damages of treble the amount of the value of the
property obtained, plus reasonable attorney fees and court
costs. In a civil action under this subsection, the burden of
proof that the defendant committed financial exploitation of
an elderly person or a person with a disability as described in
subsection (a) of this Section shall be by a preponderance of
the evidence. This subsection shall be operative whether or
not the defendant has been charged or convicted of the
criminal offense as described in subsection (a) of this
Section. This subsection (g) shall not limit or affect the
right of any person to bring any cause of action or seek any
remedy available under the common law, or other applicable
law, arising out of the financial exploitation of an elderly
person or a person with a disability.
(h) If a person is charged with financial exploitation of
an elderly person or a person with a disability that involves
the taking or loss of property valued at more than $5,000, a
prosecuting attorney may file a petition with the circuit
court of the county in which the defendant has been charged to
freeze the assets of the defendant in an amount equal to but
not greater than the alleged value of lost or stolen property
in the defendant's pending criminal proceeding for purposes of
restitution to the victim. The burden of proof required to
freeze the defendant's assets shall be by a preponderance of
the evidence.
(Source: P.A. 101-394, eff. 1-1-20; 102-244, eff. 1-1-22.)