Illinois 2023-2024 Regular Session

Illinois House Bill HB2100 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0293
2	1		HB2100 EnrolledLRB103 25103 RLC 51438 b HB2100 Enrolled LRB103 25103 RLC 51438 b
3	2		HB2100 Enrolled LRB103 25103 RLC 51438 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Criminal Code of 2012 is amended by
8		-	changing Sections 12-4.4a and 17-56 as follows:
9		-	(720 ILCS 5/12-4.4a)
10		-	Sec. 12-4.4a. Abuse or criminal neglect of a long term
11		-	care facility resident; criminal abuse or neglect of an
12		-	elderly person or person with a disability.
13		-	(a) Abuse or criminal neglect of a long term care facility
14		-	resident.
15		-	(1) A person or an owner or licensee commits abuse of a
16		-	long term care facility resident when he or she knowingly
17		-	causes any physical or mental injury to, or commits any
18		-	sexual offense in this Code against, a resident.
19		-	(2) A person or an owner or licensee commits criminal
20		-	neglect of a long term care facility resident when he or
21		-	she recklessly:
22		-	(A) performs acts that cause a resident's life to
23		-	be endangered, health to be injured, or pre-existing
24		-	physical or mental condition to deteriorate, or that
25		-	create the substantial likelihood that a resident's an
26		-	elderly person's or person with a disability's life
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Criminal Code of 2012 is amended by
	7	+	5 changing Sections 12-4.4a and 17-56 as follows:
	8	+	6 (720 ILCS 5/12-4.4a)
	9	+	7 Sec. 12-4.4a. Abuse or criminal neglect of a long term
	10	+	8 care facility resident; criminal abuse or neglect of an
	11	+	9 elderly person or person with a disability.
	12	+	10 (a) Abuse or criminal neglect of a long term care facility
	13	+	11 resident.
	14	+	12 (1) A person or an owner or licensee commits abuse of a
	15	+	13 long term care facility resident when he or she knowingly
	16	+	14 causes any physical or mental injury to, or commits any
	17	+	15 sexual offense in this Code against, a resident.
	18	+	16 (2) A person or an owner or licensee commits criminal
	19	+	17 neglect of a long term care facility resident when he or
	20	+	18 she recklessly:
	21	+	19 (A) performs acts that cause a resident's life to
	22	+	20 be endangered, health to be injured, or pre-existing
	23	+	21 physical or mental condition to deteriorate, or that
	24	+	22 create the substantial likelihood that a resident's an
	25	+	23 elderly person's or person with a disability's life
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33		-	will be endangered, health will be injured, or
34		-	pre-existing physical or mental condition will
35		-	deteriorate;
36		-	(B) fails to perform acts that he or she knows or
37		-	reasonably should know are necessary to maintain or
38		-	preserve the life or health of a resident, and that
39		-	failure causes the resident's life to be endangered,
40		-	health to be injured, or pre-existing physical or
41		-	mental condition to deteriorate, or that create the
42		-	substantial likelihood that a resident's an elderly
43		-	person's or person with a disability's life will be
44		-	endangered, health will be injured, or pre-existing
45		-	physical or mental condition will deteriorate; or
46		-	(C) abandons a resident.
47		-	(3) A person or an owner or licensee commits neglect
48		-	of a long term care facility resident when he or she
49		-	negligently fails to provide adequate medical care,
50		-	personal care, or maintenance to the resident which
51		-	results in physical or mental injury or deterioration of
52		-	the resident's physical or mental condition. An owner or
53		-	licensee is guilty under this subdivision (a)(3), however,
54		-	only if the owner or licensee failed to exercise
55		-	reasonable care in the hiring, training, supervising, or
56		-	providing of staff or other related routine administrative
57		-	responsibilities.
58		-	(b) Criminal abuse or neglect of an elderly person or
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	34	+	1 will be endangered, health will be injured, or
	35	+	2 pre-existing physical or mental condition will
	36	+	3 deteriorate;
	37	+	4 (B) fails to perform acts that he or she knows or
	38	+	5 reasonably should know are necessary to maintain or
	39	+	6 preserve the life or health of a resident, and that
	40	+	7 failure causes the resident's life to be endangered,
	41	+	8 health to be injured, or pre-existing physical or
	42	+	9 mental condition to deteriorate, or that create the
	43	+	10 substantial likelihood that a resident's an elderly
	44	+	11 person's or person with a disability's life will be
	45	+	12 endangered, health will be injured, or pre-existing
	46	+	13 physical or mental condition will deteriorate; or
	47	+	14 (C) abandons a resident.
	48	+	15 (3) A person or an owner or licensee commits neglect
	49	+	16 of a long term care facility resident when he or she
	50	+	17 negligently fails to provide adequate medical care,
	51	+	18 personal care, or maintenance to the resident which
	52	+	19 results in physical or mental injury or deterioration of
	53	+	20 the resident's physical or mental condition. An owner or
	54	+	21 licensee is guilty under this subdivision (a)(3), however,
	55	+	22 only if the owner or licensee failed to exercise
	56	+	23 reasonable care in the hiring, training, supervising, or
	57	+	24 providing of staff or other related routine administrative
	58	+	25 responsibilities.
	59	+	26 (b) Criminal abuse or neglect of an elderly person or
59	60
60	61
61		-	person with a disability.
62		-	(1) A caregiver commits criminal abuse or neglect of
63		-	an elderly person or person with a disability when he or
64		-	she knowingly does any of the following:
65		-	(A) performs acts that cause the person's life to
66		-	be endangered, health to be injured, or pre-existing
67		-	physical or mental condition to deteriorate;
68		-	(B) fails to perform acts that he or she knows or
69		-	reasonably should know are necessary to maintain or
70		-	preserve the life or health of the person, and that
71		-	failure causes the person's life to be endangered,
72		-	health to be injured, or pre-existing physical or
73		-	mental condition to deteriorate;
74		-	(C) abandons the person;
75		-	(D) physically abuses, harasses, intimidates, or
76		-	interferes with the personal liberty of the person; or
77		-	(E) exposes the person to willful deprivation.
78		-	(2) It is not a defense to criminal abuse or neglect of
79		-	an elderly person or person with a disability that the
80		-	caregiver reasonably believed that the victim was not an
81		-	elderly person or person with a disability.
82		-	(c) Offense not applicable.
83		-	(1) Nothing in this Section applies to a physician
84		-	licensed to practice medicine in all its branches or a
85		-	duly licensed nurse providing care within the scope of his
86		-	or her professional judgment and within the accepted
87	62
88	63
89		-	standards of care within the community.
90		-	(2) Nothing in this Section imposes criminal liability
91		-	on a caregiver who made a good faith effort to provide for
92		-	the health and personal care of an elderly person or
93		-	person with a disability, but through no fault of his or
94		-	her own was unable to provide such care.
95		-	(3) Nothing in this Section applies to the medical
96		-	supervision, regulation, or control of the remedial care
97		-	or treatment of residents in a long term care facility
98		-	conducted for those who rely upon treatment by prayer or
99		-	spiritual means in accordance with the creed or tenets of
100		-	any well-recognized church or religious denomination as
101		-	described in Section 3-803 of the Nursing Home Care Act,
102		-	Section 1-102 of the Specialized Mental Health
103		-	Rehabilitation Act of 2013, Section 3-803 of the ID/DD
104		-	Community Care Act, or Section 3-803 of the MC/DD Act.
105		-	(4) Nothing in this Section prohibits a caregiver from
106		-	providing treatment to an elderly person or person with a
107		-	disability by spiritual means through prayer alone and
108		-	care consistent therewith in lieu of medical care and
109		-	treatment in accordance with the tenets and practices of
110		-	any church or religious denomination of which the elderly
111		-	person or person with a disability is a member.
112		-	(5) Nothing in this Section limits the remedies
113		-	available to the victim under the Illinois Domestic
114		-	Violence Act of 1986.
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116	67
117		-	(d) Sentence.
118		-	(1) Long term care facility. Abuse of a long term care
119		-	facility resident is a Class 3 felony. Criminal neglect of
120		-	a long term care facility resident is a Class 4 felony,
121		-	unless it results in the resident's death in which case it
122		-	is a Class 3 felony. Neglect of a long term care facility
123		-	resident is a petty offense.
124		-	(2) Caregiver. Criminal abuse or neglect of an elderly
125		-	person or person with a disability is a Class 3 felony,
126		-	unless it results in the person's death in which case it is
127		-	a Class 2 felony, and if imprisonment is imposed it shall
128		-	be for a minimum term of 3 years and a maximum term of 14
129		-	years.
130		-	(e) Definitions. For the purposes of this Section:
131		-	"Abandon" means to desert or knowingly forsake a resident
132		-	or an elderly person or person with a disability under
133		-	circumstances in which a reasonable person would continue to
134		-	provide care and custody.
135		-	"Caregiver" means a person who has a duty to provide for an
136		-	elderly person or person with a disability's health and
137		-	personal care, at the elderly person or person with a
138		-	disability's place of residence, including, but not limited
139		-	to, food and nutrition, shelter, hygiene, prescribed
140		-	medication, and medical care and treatment, and includes any
141		-	of the following:
142		-	(1) A parent, spouse, adult child, or other relative
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	70	+	1 person with a disability.
	71	+	2 (1) A caregiver commits criminal abuse or neglect of
	72	+	3 an elderly person or person with a disability when he or
	73	+	4 she knowingly does any of the following:
	74	+	5 (A) performs acts that cause the person's life to
	75	+	6 be endangered, health to be injured, or pre-existing
	76	+	7 physical or mental condition to deteriorate;
	77	+	8 (B) fails to perform acts that he or she knows or
	78	+	9 reasonably should know are necessary to maintain or
	79	+	10 preserve the life or health of the person, and that
	80	+	11 failure causes the person's life to be endangered,
	81	+	12 health to be injured, or pre-existing physical or
	82	+	13 mental condition to deteriorate;
	83	+	14 (C) abandons the person;
	84	+	15 (D) physically abuses, harasses, intimidates, or
	85	+	16 interferes with the personal liberty of the person; or
	86	+	17 (E) exposes the person to willful deprivation.
	87	+	18 (2) It is not a defense to criminal abuse or neglect of
	88	+	19 an elderly person or person with a disability that the
	89	+	20 caregiver reasonably believed that the victim was not an
	90	+	21 elderly person or person with a disability.
	91	+	22 (c) Offense not applicable.
	92	+	23 (1) Nothing in this Section applies to a physician
	93	+	24 licensed to practice medicine in all its branches or a
	94	+	25 duly licensed nurse providing care within the scope of his
	95	+	26 or her professional judgment and within the accepted
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145		-	by blood or marriage who resides with or resides in the
146		-	same building with or regularly visits the elderly person
147		-	or person with a disability, knows or reasonably should
148		-	know of such person's physical or mental impairment, and
149		-	knows or reasonably should know that such person is unable
150		-	to adequately provide for his or her own health and
151		-	personal care.
152		-	(2) A person who is employed by the elderly person or
153		-	person with a disability or by another to reside with or
154		-	regularly visit the elderly person or person with a
155		-	disability and provide for such person's health and
156		-	personal care.
157		-	(3) A person who has agreed for consideration to
158		-	reside with or regularly visit the elderly person or
159		-	person with a disability and provide for such person's
160		-	health and personal care.
161		-	(4) A person who has been appointed by a private or
162		-	public agency or by a court of competent jurisdiction to
163		-	provide for the elderly person or person with a
164		-	disability's health and personal care.
165		-	"Caregiver" does not include a long-term care facility
166		-	licensed or certified under the Nursing Home Care Act or a
167		-	facility licensed or certified under the ID/DD Community Care
168		-	Act, the MC/DD Act, or the Specialized Mental Health
169		-	Rehabilitation Act of 2013, or any administrative, medical, or
170		-	other personnel of such a facility, or a health care provider
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173		-	who is licensed under the Medical Practice Act of 1987 and
174		-	renders care in the ordinary course of his or her profession.
175		-	"Elderly person" means a person 60 years of age or older
176		-	who is incapable of adequately providing for his or her own
177		-	health and personal care.
178		-	"Licensee" means the individual or entity licensed to
179		-	operate a facility under the Nursing Home Care Act, the
180		-	Specialized Mental Health Rehabilitation Act of 2013, the
181		-	ID/DD Community Care Act, the MC/DD Act, or the Assisted
182		-	Living and Shared Housing Act.
183		-	"Long term care facility" means a private home,
184		-	institution, building, residence, or other place, whether
185		-	operated for profit or not, or a county home for the infirm and
186		-	chronically ill operated pursuant to Division 5-21 or 5-22 of
187		-	the Counties Code, or any similar institution operated by the
188		-	State of Illinois or a political subdivision thereof, which
189		-	provides, through its ownership or management, personal care,
190		-	sheltered care, or nursing for 3 or more persons not related to
191		-	the owner by blood or marriage. The term also includes skilled
192		-	nursing facilities and intermediate care facilities as defined
193		-	in Titles XVIII and XIX of the federal Social Security Act and
194		-	assisted living establishments and shared housing
195		-	establishments licensed under the Assisted Living and Shared
196		-	Housing Act.
197		-	"Owner" means the owner of a long term care facility as
198		-	provided in the Nursing Home Care Act, the owner of a facility
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201		-	as provided under the Specialized Mental Health Rehabilitation
202		-	Act of 2013, the owner of a facility as provided in the ID/DD
203		-	Community Care Act, the owner of a facility as provided in the
204		-	MC/DD Act, or the owner of an assisted living or shared housing
205		-	establishment as provided in the Assisted Living and Shared
206		-	Housing Act.
207		-	"Person with a disability" means a person who suffers from
208		-	a permanent physical or mental impairment, resulting from
209		-	disease, injury, functional disorder, or congenital condition,
210		-	which renders the person incapable of adequately providing for
211		-	his or her own health and personal care.
212		-	"Resident" means a person residing in a long term care
213		-	facility.
214		-	"Willful deprivation" has the meaning ascribed to it in
215		-	paragraph (15) of Section 103 of the Illinois Domestic
216		-	Violence Act of 1986.
217		-	(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
218		-	99-642, eff. 7-28-16.)
219		-	(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
220		-	Sec. 17-56. Financial exploitation of an elderly person or
221		-	a person with a disability.
222		-	(a) A person commits financial exploitation of an elderly
223		-	person or a person with a disability when he or she stands in a
224		-	position of trust or confidence with the elderly person or a
225		-	person with a disability and he or she knowingly:
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	106	+	1 standards of care within the community.
	107	+	2 (2) Nothing in this Section imposes criminal liability
	108	+	3 on a caregiver who made a good faith effort to provide for
	109	+	4 the health and personal care of an elderly person or
	110	+	5 person with a disability, but through no fault of his or
	111	+	6 her own was unable to provide such care.
	112	+	7 (3) Nothing in this Section applies to the medical
	113	+	8 supervision, regulation, or control of the remedial care
	114	+	9 or treatment of residents in a long term care facility
	115	+	10 conducted for those who rely upon treatment by prayer or
	116	+	11 spiritual means in accordance with the creed or tenets of
	117	+	12 any well-recognized church or religious denomination as
	118	+	13 described in Section 3-803 of the Nursing Home Care Act,
	119	+	14 Section 1-102 of the Specialized Mental Health
	120	+	15 Rehabilitation Act of 2013, Section 3-803 of the ID/DD
	121	+	16 Community Care Act, or Section 3-803 of the MC/DD Act.
	122	+	17 (4) Nothing in this Section prohibits a caregiver from
	123	+	18 providing treatment to an elderly person or person with a
	124	+	19 disability by spiritual means through prayer alone and
	125	+	20 care consistent therewith in lieu of medical care and
	126	+	21 treatment in accordance with the tenets and practices of
	127	+	22 any church or religious denomination of which the elderly
	128	+	23 person or person with a disability is a member.
	129	+	24 (5) Nothing in this Section limits the remedies
	130	+	25 available to the victim under the Illinois Domestic
	131	+	26 Violence Act of 1986.
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227	133
228		-	(1) by deception or intimidation obtains control over
229		-	the property of an elderly person or a person with a
230		-	disability; or
231		-	(2) illegally uses the assets or resources of an
232		-	elderly person or a person with a disability.
233		-	(b) Sentence. Financial exploitation of an elderly person
234		-	or a person with a disability is: (1) a Class 4 felony if the
235		-	value of the property is $300 or less, (2) a Class 3 felony if
236		-	the value of the property is more than $300 but less than
237		-	$5,000, (3) a Class 2 felony if the value of the property is
238		-	$5,000 or more but less than $50,000, and (4) a Class 1 felony
239		-	if the value of the property is $50,000 or more or if the
240		-	elderly person is over 70 years of age or older and the value
241		-	of the property is $15,000 or more or if the elderly person is
242		-	80 years of age or older and the value of the property is
243		-	$5,000 or more.
244		-	(c) For purposes of this Section:
245		-	(1) "Elderly person" means a person 60 years of age or
246		-	older.
247		-	(2) "Person with a disability" means a person who
248		-	suffers from a physical or mental impairment resulting
249		-	from disease, injury, functional disorder or congenital
250		-	condition that impairs the individual's mental or physical
251		-	ability to independently manage his or her property or
252		-	financial resources, or both.
253		-	(3) "Intimidation" means the communication to an
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256		-	elderly person or a person with a disability that he or she
257		-	shall be deprived of food and nutrition, shelter,
258		-	prescribed medication or medical care and treatment or
259		-	conduct as provided in Section 12-6 of this Code.
260		-	(4) "Deception" means, in addition to its meaning as
261		-	defined in Section 15-4 of this Code, a misrepresentation
262		-	or concealment of material fact relating to the terms of a
263		-	contract or agreement entered into with the elderly person
264		-	or person with a disability or to the existing or
265		-	pre-existing condition of any of the property involved in
266		-	such contract or agreement; or the use or employment of
267		-	any misrepresentation, false pretense or false promise in
268		-	order to induce, encourage or solicit the elderly person
269		-	or person with a disability to enter into a contract or
270		-	agreement.
271		-	The illegal use of the assets or resources of an elderly
272		-	person or a person with a disability includes, but is not
273		-	limited to, the misappropriation of those assets or resources
274		-	by undue influence, breach of a fiduciary relationship, fraud,
275		-	deception, extortion, or use of the assets or resources
276		-	contrary to law.
277		-	A person stands in a position of trust and confidence with
278		-	an elderly person or person with a disability when he (i) is a
279		-	parent, spouse, adult child or other relative by blood or
280		-	marriage of the elderly person or person with a disability,
281		-	(ii) is a joint tenant or tenant in common with the elderly
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284		-	person or person with a disability, (iii) has a legal or
285		-	fiduciary relationship with the elderly person or person with
286		-	a disability, (iv) is a financial planning or investment
287		-	professional, (v) is a paid or unpaid caregiver for the
288		-	elderly person or person with a disability, or (vi) is a friend
289		-	or acquaintance in a position of trust.
290		-	(d) Limitations. Nothing in this Section shall be
291		-	construed to limit the remedies available to the victim under
292		-	the Illinois Domestic Violence Act of 1986.
293		-	(e) Good faith efforts. Nothing in this Section shall be
294		-	construed to impose criminal liability on a person who has
295		-	made a good faith effort to assist the elderly person or person
296		-	with a disability in the management of his or her property, but
297		-	through no fault of his or her own has been unable to provide
298		-	such assistance.
299		-	(f) Not a defense. It shall not be a defense to financial
300		-	exploitation of an elderly person or person with a disability
301		-	that the accused reasonably believed that the victim was not
302		-	an elderly person or person with a disability. Consent is not a
303		-	defense to financial exploitation of an elderly person or a
304		-	person with a disability if the accused knew or had reason to
305		-	know that the elderly person or a person with a disability
306		-	lacked capacity to consent.
307		-	(g) Civil Liability. A civil cause of action exists for
308		-	financial exploitation of an elderly person or a person with a
309		-	disability as described in subsection (a) of this Section. A
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	142	+	1 (d) Sentence.
	143	+	2 (1) Long term care facility. Abuse of a long term care
	144	+	3 facility resident is a Class 3 felony. Criminal neglect of
	145	+	4 a long term care facility resident is a Class 4 felony,
	146	+	5 unless it results in the resident's death in which case it
	147	+	6 is a Class 3 felony. Neglect of a long term care facility
	148	+	7 resident is a petty offense.
	149	+	8 (2) Caregiver. Criminal abuse or neglect of an elderly
	150	+	9 person or person with a disability is a Class 3 felony,
	151	+	10 unless it results in the person's death in which case it is
	152	+	11 a Class 2 felony, and if imprisonment is imposed it shall
	153	+	12 be for a minimum term of 3 years and a maximum term of 14
	154	+	13 years.
	155	+	14 (e) Definitions. For the purposes of this Section:
	156	+	15 "Abandon" means to desert or knowingly forsake a resident
	157	+	16 or an elderly person or person with a disability under
	158	+	17 circumstances in which a reasonable person would continue to
	159	+	18 provide care and custody.
	160	+	19 "Caregiver" means a person who has a duty to provide for an
	161	+	20 elderly person or person with a disability's health and
	162	+	21 personal care, at the elderly person or person with a
	163	+	22 disability's place of residence, including, but not limited
	164	+	23 to, food and nutrition, shelter, hygiene, prescribed
	165	+	24 medication, and medical care and treatment, and includes any
	166	+	25 of the following:
	167	+	26 (1) A parent, spouse, adult child, or other relative
310	168
311	169
312		-	person against whom a civil judgment has been entered for
313		-	financial exploitation of an elderly person or person with a
314		-	disability shall be liable to the victim or to the estate of
315		-	the victim in damages of treble the amount of the value of the
316		-	property obtained, plus reasonable attorney fees and court
317		-	costs. In a civil action under this subsection, the burden of
318		-	proof that the defendant committed financial exploitation of
319		-	an elderly person or a person with a disability as described in
320		-	subsection (a) of this Section shall be by a preponderance of
321		-	the evidence. This subsection shall be operative whether or
322		-	not the defendant has been charged or convicted of the
323		-	criminal offense as described in subsection (a) of this
324		-	Section. This subsection (g) shall not limit or affect the
325		-	right of any person to bring any cause of action or seek any
326		-	remedy available under the common law, or other applicable
327		-	law, arising out of the financial exploitation of an elderly
328		-	person or a person with a disability.
329		-	(h) If a person is charged with financial exploitation of
330		-	an elderly person or a person with a disability that involves
331		-	the taking or loss of property valued at more than $5,000, a
332		-	prosecuting attorney may file a petition with the circuit
333		-	court of the county in which the defendant has been charged to
334		-	freeze the assets of the defendant in an amount equal to but
335		-	not greater than the alleged value of lost or stolen property
336		-	in the defendant's pending criminal proceeding for purposes of
337		-	restitution to the victim. The burden of proof required to
338	170
339	171
340		-	freeze the defendant's assets shall be by a preponderance of
341		-	the evidence.
342		-	(Source: P.A. 101-394, eff. 1-1-20; 102-244, eff. 1-1-22.)
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	178	+	1 by blood or marriage who resides with or resides in the
	179	+	2 same building with or regularly visits the elderly person
	180	+	3 or person with a disability, knows or reasonably should
	181	+	4 know of such person's physical or mental impairment, and
	182	+	5 knows or reasonably should know that such person is unable
	183	+	6 to adequately provide for his or her own health and
	184	+	7 personal care.
	185	+	8 (2) A person who is employed by the elderly person or
	186	+	9 person with a disability or by another to reside with or
	187	+	10 regularly visit the elderly person or person with a
	188	+	11 disability and provide for such person's health and
	189	+	12 personal care.
	190	+	13 (3) A person who has agreed for consideration to
	191	+	14 reside with or regularly visit the elderly person or
	192	+	15 person with a disability and provide for such person's
	193	+	16 health and personal care.
	194	+	17 (4) A person who has been appointed by a private or
	195	+	18 public agency or by a court of competent jurisdiction to
	196	+	19 provide for the elderly person or person with a
	197	+	20 disability's health and personal care.
	198	+	21 "Caregiver" does not include a long-term care facility
	199	+	22 licensed or certified under the Nursing Home Care Act or a
	200	+	23 facility licensed or certified under the ID/DD Community Care
	201	+	24 Act, the MC/DD Act, or the Specialized Mental Health
	202	+	25 Rehabilitation Act of 2013, or any administrative, medical, or
	203	+	26 other personnel of such a facility, or a health care provider
	204	+
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	214	+	1 who is licensed under the Medical Practice Act of 1987 and
	215	+	2 renders care in the ordinary course of his or her profession.
	216	+	3 "Elderly person" means a person 60 years of age or older
	217	+	4 who is incapable of adequately providing for his or her own
	218	+	5 health and personal care.
	219	+	6 "Licensee" means the individual or entity licensed to
	220	+	7 operate a facility under the Nursing Home Care Act, the
	221	+	8 Specialized Mental Health Rehabilitation Act of 2013, the
	222	+	9 ID/DD Community Care Act, the MC/DD Act, or the Assisted
	223	+	10 Living and Shared Housing Act.
	224	+	11 "Long term care facility" means a private home,
	225	+	12 institution, building, residence, or other place, whether
	226	+	13 operated for profit or not, or a county home for the infirm and
	227	+	14 chronically ill operated pursuant to Division 5-21 or 5-22 of
	228	+	15 the Counties Code, or any similar institution operated by the
	229	+	16 State of Illinois or a political subdivision thereof, which
	230	+	17 provides, through its ownership or management, personal care,
	231	+	18 sheltered care, or nursing for 3 or more persons not related to
	232	+	19 the owner by blood or marriage. The term also includes skilled
	233	+	20 nursing facilities and intermediate care facilities as defined
	234	+	21 in Titles XVIII and XIX of the federal Social Security Act and
	235	+	22 assisted living establishments and shared housing
	236	+	23 establishments licensed under the Assisted Living and Shared
	237	+	24 Housing Act.
	238	+	25 "Owner" means the owner of a long term care facility as
	239	+	26 provided in the Nursing Home Care Act, the owner of a facility
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	250	+	1 as provided under the Specialized Mental Health Rehabilitation
	251	+	2 Act of 2013, the owner of a facility as provided in the ID/DD
	252	+	3 Community Care Act, the owner of a facility as provided in the
	253	+	4 MC/DD Act, or the owner of an assisted living or shared housing
	254	+	5 establishment as provided in the Assisted Living and Shared
	255	+	6 Housing Act.
	256	+	7 "Person with a disability" means a person who suffers from
	257	+	8 a permanent physical or mental impairment, resulting from
	258	+	9 disease, injury, functional disorder, or congenital condition,
	259	+	10 which renders the person incapable of adequately providing for
	260	+	11 his or her own health and personal care.
	261	+	12 "Resident" means a person residing in a long term care
	262	+	13 facility.
	263	+	14 "Willful deprivation" has the meaning ascribed to it in
	264	+	15 paragraph (15) of Section 103 of the Illinois Domestic
	265	+	16 Violence Act of 1986.
	266	+	17 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
	267	+	18 99-642, eff. 7-28-16.)
	268	+	19 (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
	269	+	20 Sec. 17-56. Financial exploitation of an elderly person or
	270	+	21 a person with a disability.
	271	+	22 (a) A person commits financial exploitation of an elderly
	272	+	23 person or a person with a disability when he or she stands in a
	273	+	24 position of trust or confidence with the elderly person or a
	274	+	25 person with a disability and he or she knowingly:
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	285	+	1 (1) by deception or intimidation obtains control over
	286	+	2 the property of an elderly person or a person with a
	287	+	3 disability; or
	288	+	4 (2) illegally uses the assets or resources of an
	289	+	5 elderly person or a person with a disability.
	290	+	6 (b) Sentence. Financial exploitation of an elderly person
	291	+	7 or a person with a disability is: (1) a Class 4 felony if the
	292	+	8 value of the property is $300 or less, (2) a Class 3 felony if
	293	+	9 the value of the property is more than $300 but less than
	294	+	10 $5,000, (3) a Class 2 felony if the value of the property is
	295	+	11 $5,000 or more but less than $50,000, and (4) a Class 1 felony
	296	+	12 if the value of the property is $50,000 or more or if the
	297	+	13 elderly person is over 70 years of age or older and the value
	298	+	14 of the property is $15,000 or more or if the elderly person is
	299	+	15 80 years of age or older and the value of the property is
	300	+	16 $5,000 or more.
	301	+	17 (c) For purposes of this Section:
	302	+	18 (1) "Elderly person" means a person 60 years of age or
	303	+	19 older.
	304	+	20 (2) "Person with a disability" means a person who
	305	+	21 suffers from a physical or mental impairment resulting
	306	+	22 from disease, injury, functional disorder or congenital
	307	+	23 condition that impairs the individual's mental or physical
	308	+	24 ability to independently manage his or her property or
	309	+	25 financial resources, or both.
	310	+	26 (3) "Intimidation" means the communication to an
	311	+
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	321	+	1 elderly person or a person with a disability that he or she
	322	+	2 shall be deprived of food and nutrition, shelter,
	323	+	3 prescribed medication or medical care and treatment or
	324	+	4 conduct as provided in Section 12-6 of this Code.
	325	+	5 (4) "Deception" means, in addition to its meaning as
	326	+	6 defined in Section 15-4 of this Code, a misrepresentation
	327	+	7 or concealment of material fact relating to the terms of a
	328	+	8 contract or agreement entered into with the elderly person
	329	+	9 or person with a disability or to the existing or
	330	+	10 pre-existing condition of any of the property involved in
	331	+	11 such contract or agreement; or the use or employment of
	332	+	12 any misrepresentation, false pretense or false promise in
	333	+	13 order to induce, encourage or solicit the elderly person
	334	+	14 or person with a disability to enter into a contract or
	335	+	15 agreement.
	336	+	16 The illegal use of the assets or resources of an elderly
	337	+	17 person or a person with a disability includes, but is not
	338	+	18 limited to, the misappropriation of those assets or resources
	339	+	19 by undue influence, breach of a fiduciary relationship, fraud,
	340	+	20 deception, extortion, or use of the assets or resources
	341	+	21 contrary to law.
	342	+	22 A person stands in a position of trust and confidence with
	343	+	23 an elderly person or person with a disability when he (i) is a
	344	+	24 parent, spouse, adult child or other relative by blood or
	345	+	25 marriage of the elderly person or person with a disability,
	346	+	26 (ii) is a joint tenant or tenant in common with the elderly
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	357	+	1 person or person with a disability, (iii) has a legal or
	358	+	2 fiduciary relationship with the elderly person or person with
	359	+	3 a disability, (iv) is a financial planning or investment
	360	+	4 professional, (v) is a paid or unpaid caregiver for the
	361	+	5 elderly person or person with a disability, or (vi) is a friend
	362	+	6 or acquaintance in a position of trust.
	363	+	7 (d) Limitations. Nothing in this Section shall be
	364	+	8 construed to limit the remedies available to the victim under
	365	+	9 the Illinois Domestic Violence Act of 1986.
	366	+	10 (e) Good faith efforts. Nothing in this Section shall be
	367	+	11 construed to impose criminal liability on a person who has
	368	+	12 made a good faith effort to assist the elderly person or person
	369	+	13 with a disability in the management of his or her property, but
	370	+	14 through no fault of his or her own has been unable to provide
	371	+	15 such assistance.
	372	+	16 (f) Not a defense. It shall not be a defense to financial
	373	+	17 exploitation of an elderly person or person with a disability
	374	+	18 that the accused reasonably believed that the victim was not
	375	+	19 an elderly person or person with a disability. Consent is not a
	376	+	20 defense to financial exploitation of an elderly person or a
	377	+	21 person with a disability if the accused knew or had reason to
	378	+	22 know that the elderly person or a person with a disability
	379	+	23 lacked capacity to consent.
	380	+	24 (g) Civil Liability. A civil cause of action exists for
	381	+	25 financial exploitation of an elderly person or a person with a
	382	+	26 disability as described in subsection (a) of this Section. A
	383	+
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	393	+	1 person against whom a civil judgment has been entered for
	394	+	2 financial exploitation of an elderly person or person with a
	395	+	3 disability shall be liable to the victim or to the estate of
	396	+	4 the victim in damages of treble the amount of the value of the
	397	+	5 property obtained, plus reasonable attorney fees and court
	398	+	6 costs. In a civil action under this subsection, the burden of
	399	+	7 proof that the defendant committed financial exploitation of
	400	+	8 an elderly person or a person with a disability as described in
	401	+	9 subsection (a) of this Section shall be by a preponderance of
	402	+	10 the evidence. This subsection shall be operative whether or
	403	+	11 not the defendant has been charged or convicted of the
	404	+	12 criminal offense as described in subsection (a) of this
	405	+	13 Section. This subsection (g) shall not limit or affect the
	406	+	14 right of any person to bring any cause of action or seek any
	407	+	15 remedy available under the common law, or other applicable
	408	+	16 law, arising out of the financial exploitation of an elderly
	409	+	17 person or a person with a disability.
	410	+	18 (h) If a person is charged with financial exploitation of
	411	+	19 an elderly person or a person with a disability that involves
	412	+	20 the taking or loss of property valued at more than $5,000, a
	413	+	21 prosecuting attorney may file a petition with the circuit
	414	+	22 court of the county in which the defendant has been charged to
	415	+	23 freeze the assets of the defendant in an amount equal to but
	416	+	24 not greater than the alleged value of lost or stolen property
	417	+	25 in the defendant's pending criminal proceeding for purposes of
	418	+	26 restitution to the victim. The burden of proof required to
	419	+
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	429	+	1 freeze the defendant's assets shall be by a preponderance of
	430	+	2 the evidence.
	431	+	3 (Source: P.A. 101-394, eff. 1-1-20; 102-244, eff. 1-1-22.)
	432	+
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