Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3804 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3804 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/2.5 new Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include broker-dealers and officers and employees of financial institutions. Provides that financial exploitation of an adult with disabilities or a person aged 60 or older occurs when a person or entity (i) takes, secretes, appropriates, obtains, or retains real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (ii) assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (iii) knowingly aids and abets in the taking, secreting, appropriating, obtaining, or retaining of real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; or (iv) takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an eligible adult by undue influence. Sets forth when a financial institution, the officers and employees of a financial institution, a broker-dealer, or an investment adviser is deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Sets forth when all other mandated reporters are deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Exempts from liability nonsupervisory employees of a financial institution. Contains other provisions. LRB103 35144 KTG 65108 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3804 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/2.5 new 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/2.5 new Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include broker-dealers and officers and employees of financial institutions. Provides that financial exploitation of an adult with disabilities or a person aged 60 or older occurs when a person or entity (i) takes, secretes, appropriates, obtains, or retains real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (ii) assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (iii) knowingly aids and abets in the taking, secreting, appropriating, obtaining, or retaining of real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; or (iv) takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an eligible adult by undue influence. Sets forth when a financial institution, the officers and employees of a financial institution, a broker-dealer, or an investment adviser is deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Sets forth when all other mandated reporters are deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Exempts from liability nonsupervisory employees of a financial institution. Contains other provisions. LRB103 35144 KTG 65108 b LRB103 35144 KTG 65108 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3804 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
3	3	320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/2.5 new 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/2.5 new
4	4	320 ILCS 20/2 from Ch. 23, par. 6602
5	5	320 ILCS 20/2.5 new
6	6	Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include broker-dealers and officers and employees of financial institutions. Provides that financial exploitation of an adult with disabilities or a person aged 60 or older occurs when a person or entity (i) takes, secretes, appropriates, obtains, or retains real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (ii) assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (iii) knowingly aids and abets in the taking, secreting, appropriating, obtaining, or retaining of real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; or (iv) takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an eligible adult by undue influence. Sets forth when a financial institution, the officers and employees of a financial institution, a broker-dealer, or an investment adviser is deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Sets forth when all other mandated reporters are deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Exempts from liability nonsupervisory employees of a financial institution. Contains other provisions.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning aging.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Adult Protective Services Act is amended by
16	16	5 changing Section 2 and by adding Section 2.5 as follows:
17	17	6 (320 ILCS 20/2) (from Ch. 23, par. 6602)
18	18	7 Sec. 2. Definitions. As used in this Act, unless the
19	19	8 context requires otherwise:
20	20	9 (a) "Abandonment" means the desertion or willful forsaking
21	21	10 of an eligible adult by an individual responsible for the care
22	22	11 and custody of that eligible adult under circumstances in
23	23	12 which a reasonable person would continue to provide care and
24	24	13 custody. Nothing in this Act shall be construed to mean that an
25	25	14 eligible adult is a victim of abandonment because of health
26	26	15 care services provided or not provided by licensed health care
27	27	16 professionals.
28	28	17 (a-1) "Abuse" means causing any physical, mental or sexual
29	29	18 injury to an eligible adult, including exploitation of such
30	30	19 adult's financial resources, and abandonment.
31	31	20 Nothing in this Act shall be construed to mean that an
32	32	21 eligible adult is a victim of abuse, abandonment, neglect, or
33	33	22 self-neglect for the sole reason that he or she is being
34	34	23 furnished with or relies upon treatment by spiritual means
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3804 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
39	39	320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/2.5 new 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/2.5 new
40	40	320 ILCS 20/2 from Ch. 23, par. 6602
41	41	320 ILCS 20/2.5 new
42	42	Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include broker-dealers and officers and employees of financial institutions. Provides that financial exploitation of an adult with disabilities or a person aged 60 or older occurs when a person or entity (i) takes, secretes, appropriates, obtains, or retains real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (ii) assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (iii) knowingly aids and abets in the taking, secreting, appropriating, obtaining, or retaining of real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; or (iv) takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an eligible adult by undue influence. Sets forth when a financial institution, the officers and employees of a financial institution, a broker-dealer, or an investment adviser is deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Sets forth when all other mandated reporters are deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Exempts from liability nonsupervisory employees of a financial institution. Contains other provisions.
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45	45	A BILL FOR
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52	52	320 ILCS 20/2.5 new
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71	71	1 through prayer alone, in accordance with the tenets and
72	72	2 practices of a recognized church or religious denomination.
73	73	3 Nothing in this Act shall be construed to mean that an
74	74	4 eligible adult is a victim of abuse because of health care
75	75	5 services provided or not provided by licensed health care
76	76	6 professionals.
77	77	7 Nothing in this Act shall be construed to mean that an
78	78	8 eligible adult is a victim of abuse in cases of criminal
79	79	9 activity by strangers, telemarketing scams, consumer fraud,
80	80	10 internet fraud, home repair disputes, complaints against a
81	81	11 homeowners' association, or complaints between landlords and
82	82	12 tenants.
83	83	13 (a-5) "Abuser" means a person who is a family member,
84	84	14 caregiver, or another person who has a continuing relationship
85	85	15 with the eligible adult and abuses, abandons, neglects, or
86	86	16 financially exploits an eligible adult.
87	87	17 (a-6) "Adult with disabilities" means a person aged 18
88	88	18 through 59 who resides in a domestic living situation and
89	89	19 whose disability as defined in subsection (c-5) impairs his or
90	90	20 her ability to seek or obtain protection from abuse,
91	91	21 abandonment, neglect, or exploitation.
92	92	22 (a-7) "Broker-dealer" means any person engaged in the
93	93	23 business of effecting transactions in securities in this State
94	94	24 for the account of others or for that person's own account and
95	95	25 who is registered with the United States Securities and
96	96	26 Exchange Commission.
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107	107	1 (a-10) (a-7) "Caregiver" means a person who either as a
108	108	2 result of a family relationship, voluntarily, or in exchange
109	109	3 for compensation has assumed responsibility for all or a
110	110	4 portion of the care of an eligible adult who needs assistance
111	111	5 with activities of daily living or instrumental activities of
112	112	6 daily living.
113	113	7 (b) "Department" means the Department on Aging of the
114	114	8 State of Illinois.
115	115	9 (c) "Director" means the Director of the Department.
116	116	10 (c-5) "Disability" means a physical or mental disability,
117	117	11 including, but not limited to, a developmental disability, an
118	118	12 intellectual disability, a mental illness as defined under the
119	119	13 Mental Health and Developmental Disabilities Code, or dementia
120	120	14 as defined under the Alzheimer's Disease Assistance Act.
121	121	15 (d) "Domestic living situation" means a residence where
122	122	16 the eligible adult at the time of the report lives alone or
123	123	17 with his or her family or a caregiver, or others, or other
124	124	18 community-based unlicensed facility, but is not:
125	125	19 (1) A licensed facility as defined in Section 1-113 of
126	126	20 the Nursing Home Care Act;
127	127	21 (1.5) A facility licensed under the ID/DD Community
128	128	22 Care Act;
129	129	23 (1.6) A facility licensed under the MC/DD Act;
130	130	24 (1.7) A facility licensed under the Specialized Mental
131	131	25 Health Rehabilitation Act of 2013;
132	132	26 (2) A "life care facility" as defined in the Life Care
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143	143	1 Facilities Act;
144	144	2 (3) A home, institution, or other place operated by
145	145	3 the federal government or agency thereof or by the State
146	146	4 of Illinois;
147	147	5 (4) A hospital, sanitarium, or other institution, the
148	148	6 principal activity or business of which is the diagnosis,
149	149	7 care, and treatment of human illness through the
150	150	8 maintenance and operation of organized facilities
151	151	9 therefor, which is required to be licensed under the
152	152	10 Hospital Licensing Act;
153	153	11 (5) A "community living facility" as defined in the
154	154	12 Community Living Facilities Licensing Act;
155	155	13 (6) (Blank);
156	156	14 (7) A "community-integrated living arrangement" as
157	157	15 defined in the Community-Integrated Living Arrangements
158	158	16 Licensure and Certification Act or a "community
159	159	17 residential alternative" as licensed under that Act;
160	160	18 (8) An assisted living or shared housing establishment
161	161	19 as defined in the Assisted Living and Shared Housing Act;
162	162	20 or
163	163	21 (9) A supportive living facility as described in
164	164	22 Section 5-5.01a of the Illinois Public Aid Code.
165	165	23 (e) "Eligible adult" means either an adult with
166	166	24 disabilities aged 18 through 59 or a person aged 60 or older
167	167	25 who resides in a domestic living situation and is, or is
168	168	26 alleged to be, abused, abandoned, neglected, or financially
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179	179	1 exploited by another individual or who neglects himself or
180	180	2 herself. "Eligible adult" also includes an adult who resides
181	181	3 in any of the facilities that are excluded from the definition
182	182	4 of "domestic living situation" under paragraphs (1) through
183	183	5 (9) of subsection (d), if either: (i) the alleged abuse,
184	184	6 abandonment, or neglect occurs outside of the facility and not
185	185	7 under facility supervision and the alleged abuser is a family
186	186	8 member, caregiver, or another person who has a continuing
187	187	9 relationship with the adult; or (ii) the alleged financial
188	188	10 exploitation is perpetrated by a family member, caregiver, or
189	189	11 another person who has a continuing relationship with the
190	190	12 adult, but who is not an employee of the facility where the
191	191	13 adult resides.
192	192	14 (f) "Emergency" means a situation in which an eligible
193	193	15 adult is living in conditions presenting a risk of death or
194	194	16 physical, mental or sexual injury and the provider agency has
195	195	17 reason to believe the eligible adult is unable to consent to
196	196	18 services which would alleviate that risk.
197	197	19 (f-1) "Financial exploitation" means the use of an
198	198	20 eligible adult's resources by another to the disadvantage of
199	199	21 that adult or the profit or advantage of a person other than
200	200	22 that adult.
201	201	23 (f-3) "Investment advisor" means any person required to
202	202	24 register as an investment adviser or investment adviser
203	203	25 representative under Section 8 of the Illinois Securities Law
204	204	26 of 1953, which for purposes of this Act excludes any bank,
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215	215	1 trust company, savings bank, or credit union, or their
216	216	2 respective employees.
217	217	3 (f-5) "Mandated reporter" means any of the following
218	218	4 persons while engaged in carrying out their professional
219	219	5 duties:
220	220	6 (1) a professional or professional's delegate while
221	221	7 engaged in: (i) social services, (ii) law enforcement,
222	222	8 (iii) education, (iv) the care of an eligible adult or
223	223	9 eligible adults, or (v) any of the occupations required to
224	224	10 be licensed under the Behavior Analyst Licensing Act, the
225	225	11 Clinical Psychologist Licensing Act, the Clinical Social
226	226	12 Work and Social Work Practice Act, the Illinois Dental
227	227	13 Practice Act, the Dietitian Nutritionist Practice Act, the
228	228	14 Marriage and Family Therapy Licensing Act, the Medical
229	229	15 Practice Act of 1987, the Naprapathic Practice Act, the
230	230	16 Nurse Practice Act, the Nursing Home Administrators
231	231	17 Licensing and Disciplinary Act, the Illinois Occupational
232	232	18 Therapy Practice Act, the Illinois Optometric Practice Act
233	233	19 of 1987, the Pharmacy Practice Act, the Illinois Physical
234	234	20 Therapy Act, the Physician Assistant Practice Act of 1987,
235	235	21 the Podiatric Medical Practice Act of 1987, the
236	236	22 Respiratory Care Practice Act, the Professional Counselor
237	237	23 and Clinical Professional Counselor Licensing and Practice
238	238	24 Act, the Illinois Speech-Language Pathology and Audiology
239	239	25 Practice Act, the Veterinary Medicine and Surgery Practice
240	240	26 Act of 2004, and the Illinois Public Accounting Act;
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251	251	1 (1.5) an employee of an entity providing developmental
252	252	2 disabilities services or service coordination funded by
253	253	3 the Department of Human Services;
254	254	4 (2) an employee of a vocational rehabilitation
255	255	5 facility prescribed or supervised by the Department of
256	256	6 Human Services;
257	257	7 (3) an administrator, employee, or person providing
258	258	8 services in or through an unlicensed community based
259	259	9 facility;
260	260	10 (4) any religious practitioner who provides treatment
261	261	11 by prayer or spiritual means alone in accordance with the
262	262	12 tenets and practices of a recognized church or religious
263	263	13 denomination, except as to information received in any
264	264	14 confession or sacred communication enjoined by the
265	265	15 discipline of the religious denomination to be held
266	266	16 confidential;
267	267	17 (5) field personnel of the Department of Healthcare
268	268	18 and Family Services, Department of Public Health, and
269	269	19 Department of Human Services, and any county or municipal
270	270	20 health department;
271	271	21 (6) personnel of the Department of Human Services, the
272	272	22 Guardianship and Advocacy Commission, the State Fire
273	273	23 Marshal, local fire departments, the Department on Aging
274	274	24 and its subsidiary Area Agencies on Aging and provider
275	275	25 agencies, except the State Long Term Care Ombudsman and
276	276	26 any of his or her representatives or volunteers where
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287	287	1 prohibited from making such a report pursuant to 45 CFR
288	288	2 1324.11(e)(3)(iv);
289	289	3 (7) any employee of the State of Illinois not
290	290	4 otherwise specified herein who is involved in providing
291	291	5 services to eligible adults, including professionals
292	292	6 providing medical or rehabilitation services and all other
293	293	7 persons having direct contact with eligible adults;
294	294	8 (8) a person who performs the duties of a coroner or
295	295	9 medical examiner;
296	296	10 (9) a person who performs the duties of a paramedic or
297	297	11 an emergency medical technician; or
298	298	12 (10) a person who performs the duties of an investment
299	299	13 advisor; .
300	300	14 (11) a person who performs the duties of a
301	301	15 broker-advisor; or
302	302	16 (12) an officer or employee of a financial
303	303	17 institution.
304	304	18 (g) "Neglect" means another individual's failure to
305	305	19 provide an eligible adult with or willful withholding from an
306	306	20 eligible adult the necessities of life including, but not
307	307	21 limited to, food, clothing, shelter or health care. This
308	308	22 subsection does not create any new affirmative duty to provide
309	309	23 support to eligible adults. Nothing in this Act shall be
310	310	24 construed to mean that an eligible adult is a victim of neglect
311	311	25 because of health care services provided or not provided by
312	312	26 licensed health care professionals.
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323	323	1 (h) "Provider agency" means any public or nonprofit agency
324	324	2 in a planning and service area that is selected by the
325	325	3 Department or appointed by the regional administrative agency
326	326	4 with prior approval by the Department on Aging to receive and
327	327	5 assess reports of alleged or suspected abuse, abandonment,
328	328	6 neglect, or financial exploitation. A provider agency is also
329	329	7 referenced as a "designated agency" in this Act.
330	330	8 (i) "Regional administrative agency" means any public or
331	331	9 nonprofit agency in a planning and service area that provides
332	332	10 regional oversight and performs functions as set forth in
333	333	11 subsection (b) of Section 3 of this Act. The Department shall
334	334	12 designate an Area Agency on Aging as the regional
335	335	13 administrative agency or, in the event the Area Agency on
336	336	14 Aging in that planning and service area is deemed by the
337	337	15 Department to be unwilling or unable to provide those
338	338	16 functions, the Department may serve as the regional
339	339	17 administrative agency or designate another qualified entity to
340	340	18 serve as the regional administrative agency; any such
341	341	19 designation shall be subject to terms set forth by the
342	342	20 Department.
343	343	21 (i-5) "Self-neglect" means a condition that is the result
344	344	22 of an eligible adult's inability, due to physical or mental
345	345	23 impairments, or both, or a diminished capacity, to perform
346	346	24 essential self-care tasks that substantially threaten his or
347	347	25 her own health, including: providing essential food, clothing,
348	348	26 shelter, and health care; and obtaining goods and services
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359	359	1 necessary to maintain physical health, mental health,
360	360	2 emotional well-being, and general safety. The term includes
361	361	3 compulsive hoarding, which is characterized by the acquisition
362	362	4 and retention of large quantities of items and materials that
363	363	5 produce an extensively cluttered living space, which
364	364	6 significantly impairs the performance of essential self-care
365	365	7 tasks or otherwise substantially threatens life or safety.
366	366	8 (j) "Substantiated case" means a reported case of alleged
367	367	9 or suspected abuse, abandonment, neglect, financial
368	368	10 exploitation, or self-neglect in which a provider agency,
369	369	11 after assessment, determines that there is reason to believe
370	370	12 abuse, abandonment, neglect, or financial exploitation has
371	371	13 occurred.
372	372	14 (k) "Verified" means a determination that there is "clear
373	373	15 and convincing evidence" that the specific injury or harm
374	374	16 alleged was the result of abuse, abandonment, neglect, or
375	375	17 financial exploitation.
376	376	18 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
377	377	19 103-329, eff. 1-1-24.)
378	378	20 (320 ILCS 20/2.5 new)
379	379	21 Sec. 2.5. Financial exploitation.
380	380	22 (a) As used in this Section, unless the context requires
381	381	23 otherwise:
382	382	24 "Financial institution" means any of the following:
383	383	25 (1) A depository institution, as defined in Section
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394	394	1 3(c) of the Federal Deposit Insurance Act (12 U.S.C.
395	395	2 1813(c)).
396	396	3 (2) An institution-affiliated party, as defined in
397	397	4 Section 3(u) of the Federal Deposit Insurance Act (12
398	398	5 U.S.C. 1813(u)).
399	399	6 (3) A federal credit union or state credit union, as
400	400	7 defined in Section 101 of the Federal Credit Union Act (12
401	401	8 U.S.C. 1752), including, but not limited to, an
402	402	9 institution-affiliated party of a credit union, as defined
403	403	10 in Section 206(r) of the Federal Credit Union Act (12
404	404	11 U.S.C. 1786(r)).
405	405	12 "Representative" means a person or entity that is either
406	406	13 of the following:
407	407	14 (1) A conservator, trustee, or other representative of
408	408	15 the estate of an eligible adult.
409	409	16 (2) An attorney-in-fact of an eligible adult who acts
410	410	17 within the authority of the power of attorney.
411	411	18 (b) Financial exploitation of an eligible adult occurs
412	412	19 when a person or entity does any of the following:
413	413	20 (1) Takes, secretes, appropriates, obtains, or retains
414	414	21 real or personal property of an eligible adult for a
415	415	22 wrongful use or with intent to defraud, or both.
416	416	23 (2) Assists in taking, secreting, appropriating,
417	417	24 obtaining, or retaining real or personal property of an
418	418	25 eligible adult for a wrongful use or with intent to
419	419	26 defraud, or both.
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430	430	1 (3) Knowingly aids and abets in the taking, secreting,
431	431	2 appropriating, obtaining, or retaining of real or personal
432	432	3 property of an eligible adult for a wrongful use or with
433	433	4 intent to defraud, or both.
434	434	5 (4) Takes, secretes, appropriates, obtains, or
435	435	6 retains, or assists in taking, secreting, appropriating,
436	436	7 obtaining, or retaining, real or personal property of an
437	437	8 eligible adult by undue influence.
438	438	9 (c) A person or entity is deemed to have taken, secreted,
439	439	10 appropriated, obtained, or retained property for a wrongful
440	440	11 use or assisted in taking, secreting, appropriating,
441	441	12 obtaining, or retaining property for a wrongful use, if, among
442	442	13 other things, the person or entity takes, secretes,
443	443	14 appropriates, obtains, or retains the property or assists in
444	444	15 taking, secreting, appropriating, obtaining, or retaining the
445	445	16 property and the person or entity knew or should have known
446	446	17 that this conduct is likely to be harmful to the eligible
447	447	18 adult.
448	448	19 (d) A person or entity takes, secretes, appropriates,
449	449	20 obtains, or retains real or personal property when an eligible
450	450	21 adult is deprived of any property right, including by means of
451	451	22 an agreement, donative transfer, or testamentary bequest,
452	452	23 regardless of whether the property is held directly or by a
453	453	24 representative of an eligible adult.
454	454	25 (e) Assisting in the financial exploitation of an eligible
455	455	26 adult occurs when a person or entity does either of the
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466	466	1 following:
467	467	2 (1) For a financial institution, an officer or
468	468	3 employee of a financial institution, a broker-dealer, or
469	469	4 an investment advisor, executing a transaction with or
470	470	5 processing a transaction on behalf of an eligible adult
471	471	6 for which both of the following apply:
472	472	7 (A) The eligible adult interacts with one or more
473	473	8 officers or employees of the financial institution or
474	474	9 with the broker-dealer or investment advisor in the
475	475	10 process of requesting, initiating, or completing the
476	476	11 transaction.
477	477	12 (B) The financial institution, the officer or
478	478	13 employee of the financial institution, the
479	479	14 broker-dealer, or the investment advisor fails to act
480	480	15 as a reasonable person or entity in a like position
481	481	16 would, considering the surrounding facts and
482	482	17 circumstances, including the transaction history of
483	483	18 the eligible adult, whether the transaction is aligned
484	484	19 with prevailing business practices, and whether the
485	485	20 eligible adult exhibits multiple red flags, in
486	486	21 executing the transaction with or processing the
487	487	22 transaction on behalf of the eligible adult. As used
488	488	23 in this subparagraph, "red flags" refers to the
489	489	24 behavioral and financial red flags enumerated in Elder
490	490	25 Financial Exploitation Advisory in FinCEN Advisory
491	491	26 FIN-2022-A002 by the United States Department of the
492	492
493	493
494	494
495	495
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502	502	1 Treasury.
503	503	2 (2) For any other mandated reporter not listed in
504	504	3 paragraph (1), failing to act as a reasonable person in a
505	505	4 like position would, considering the surrounding facts and
506	506	5 circumstances, including, but not limited to, any of the
507	507	6 following:
508	508	7 (A) The vulnerability of the eligible adult.
509	509	8 (B) The extent to which the eligible adult relied
510	510	9 on the mandated reporter to handle the eligible
511	511	10 adult's finances or for financial advice or financial
512	512	11 decisions.
513	513	12 (C) Any information the eligible adult provided to
514	514	13 the mandated reporter about the situation.
515	515	14 (D) The mandated reporter's past interactions with
516	516	15 the eligible adult and whether the eligible adult's
517	517	16 behavior was markedly different than in the eligible
518	518	17 adult's prior interactions with the mandated reporter.
519	519	18 (E) Whether the mandated reporter has a fiduciary
520	520	19 duty to the eligible adult.
521	521	20 (F) Any instructions or information the mandated
522	522	21 reporter has been given about the eligible adult's
523	523	22 capacity or ability to make decisions.
524	524	23 (G) Any trainings the mandated reporter has taken
525	525	24 or should have taken, or information the mandated
526	526	25 reporter has received or should have received, on the
527	527	26 subjects of elder abuse and financial exploitation.
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538	538	1 (f)(1) For purposes of paragraph (1) of subsection (e), a
539	539	2 financial institution, an officer or employee of a financial
540	540	3 institution, a broker-dealer, or an investment advisor shall
541	541	4 be deemed to have acted reasonably if the person or entity
542	542	5 proves that, at the time that the transaction was requested,
543	543	6 the person or entity gave the eligible adult an explanation
544	544	7 and warning, verbally and in writing, regarding the person's
545	545	8 or entity's knowledge of, or suspicion of, financial
546	546	9 exploitation occurring with respect to that transaction, and
547	547	10 if either of the following is met:
548	548	11 (A) If the eligible adult has designated a trusted
549	549	12 contact person to receive notification of any known or
550	550	13 suspected financial exploitation, or there is a joint
551	551	14 holder on the account for which the transaction is
552	552	15 requested, the person or entity contacted the trusted
553	553	16 contact person or joint account holder and obtained
554	554	17 consent for the transaction.
555	555	18 (B)(i) If the financial institution, officer or
556	556	19 employee of the financial institution, broker-dealer, or
557	557	20 investment advisor was unable to communicate with and
558	558	21 obtain the consent of a secondary authorized account
559	559	22 holder or trusted contact person, or there was no joint
560	560	23 account holder or designated trusted contact person, the
561	561	24 person or entity refused the transaction, or notified the
562	562	25 appropriate provider agency and law enforcement and held
563	563	26 the transaction for 15 business days or until the provider
564	564
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574	574	1 agency or law enforcement informed the person or entity
575	575	2 that the transaction should be completed. If, at any time
576	576	3 during the 15-day period, the eligible adult informs the
577	577	4 person or entity that the eligible adult does not wish to
578	578	5 complete the transaction, the person or entity does not
579	579	6 act reasonably if they complete the transaction anyway.
580	580	7 (ii) Notwithstanding any other law to the contrary,
581	581	8 for the purposes of item (i), a financial institution,
582	582	9 officer or employee of the financial institution,
583	583	10 broker-dealer, or investment advisor is authorized to
584	584	11 delay or refuse a requested transaction if the person or
585	585	12 entity notified the provider agency and law enforcement.
586	586	13 (2) For the purposes of paragraph (1) of subsection (e), a
587	587	14 nonsupervisory employee of a financial institution may not be
588	588	15 held personally liable in his or her individual capacity for
589	589	16 violations of this Section. However, this Section does not
590	590	17 affect the liability of the financial institution for its own
591	591	18 acts or under the theory of respondeat superior.
592	592	19 (g) Nothing in this Section shall in any way affect or
593	593	20 contravene any other reporting requirements under this Act.
594	594	21 (h) Nothing in this Section shall apply to criminal
595	595	22 prosecutions of financial exploitation of an elderly person or
596	596	23 a person with a disability.
597	597	24 (i) Nothing in this Section shall be construed to prevent
598	598	25 or significantly interfere with any financial institution's
599	599	26 exercise of its powers under federal law.
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