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
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
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.
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A BILL FOR
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1 AN ACT concerning aging.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Adult Protective Services Act is amended by
5 changing Section 2 and by adding Section 2.5 as follows:
6 (320 ILCS 20/2) (from Ch. 23, par. 6602)
7 Sec. 2. Definitions. As used in this Act, unless the
8 context requires otherwise:
9 (a) "Abandonment" means the desertion or willful forsaking
10 of an eligible adult by an individual responsible for the care
11 and custody of that eligible adult under circumstances in
12 which a reasonable person would continue to provide care and
13 custody. Nothing in this Act shall be construed to mean that an
14 eligible adult is a victim of abandonment because of health
15 care services provided or not provided by licensed health care
16 professionals.
17 (a-1) "Abuse" means causing any physical, mental or sexual
18 injury to an eligible adult, including exploitation of such
19 adult's financial resources, and abandonment.
20 Nothing in this Act shall be construed to mean that an
21 eligible adult is a victim of abuse, abandonment, neglect, or
22 self-neglect for the sole reason that he or she is being
23 furnished with or relies upon treatment by spiritual means
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
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.
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A BILL FOR
320 ILCS 20/2 from Ch. 23, par. 6602
320 ILCS 20/2.5 new
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1 through prayer alone, in accordance with the tenets and
2 practices of a recognized church or religious denomination.
3 Nothing in this Act shall be construed to mean that an
4 eligible adult is a victim of abuse because of health care
5 services provided or not provided by licensed health care
6 professionals.
7 Nothing in this Act shall be construed to mean that an
8 eligible adult is a victim of abuse in cases of criminal
9 activity by strangers, telemarketing scams, consumer fraud,
10 internet fraud, home repair disputes, complaints against a
11 homeowners' association, or complaints between landlords and
12 tenants.
13 (a-5) "Abuser" means a person who is a family member,
14 caregiver, or another person who has a continuing relationship
15 with the eligible adult and abuses, abandons, neglects, or
16 financially exploits an eligible adult.
17 (a-6) "Adult with disabilities" means a person aged 18
18 through 59 who resides in a domestic living situation and
19 whose disability as defined in subsection (c-5) impairs his or
20 her ability to seek or obtain protection from abuse,
21 abandonment, neglect, or exploitation.
22 (a-7) "Broker-dealer" means any person engaged in the
23 business of effecting transactions in securities in this State
24 for the account of others or for that person's own account and
25 who is registered with the United States Securities and
26 Exchange Commission.
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1 (a-10) (a-7) "Caregiver" means a person who either as a
2 result of a family relationship, voluntarily, or in exchange
3 for compensation has assumed responsibility for all or a
4 portion of the care of an eligible adult who needs assistance
5 with activities of daily living or instrumental activities of
6 daily living.
7 (b) "Department" means the Department on Aging of the
8 State of Illinois.
9 (c) "Director" means the Director of the Department.
10 (c-5) "Disability" means a physical or mental disability,
11 including, but not limited to, a developmental disability, an
12 intellectual disability, a mental illness as defined under the
13 Mental Health and Developmental Disabilities Code, or dementia
14 as defined under the Alzheimer's Disease Assistance Act.
15 (d) "Domestic living situation" means a residence where
16 the eligible adult at the time of the report lives alone or
17 with his or her family or a caregiver, or others, or other
18 community-based unlicensed facility, but is not:
19 (1) A licensed facility as defined in Section 1-113 of
20 the Nursing Home Care Act;
21 (1.5) A facility licensed under the ID/DD Community
22 Care Act;
23 (1.6) A facility licensed under the MC/DD Act;
24 (1.7) A facility licensed under the Specialized Mental
25 Health Rehabilitation Act of 2013;
26 (2) A "life care facility" as defined in the Life Care
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1 Facilities Act;
2 (3) A home, institution, or other place operated by
3 the federal government or agency thereof or by the State
4 of Illinois;
5 (4) A hospital, sanitarium, or other institution, the
6 principal activity or business of which is the diagnosis,
7 care, and treatment of human illness through the
8 maintenance and operation of organized facilities
9 therefor, which is required to be licensed under the
10 Hospital Licensing Act;
11 (5) A "community living facility" as defined in the
12 Community Living Facilities Licensing Act;
13 (6) (Blank);
14 (7) A "community-integrated living arrangement" as
15 defined in the Community-Integrated Living Arrangements
16 Licensure and Certification Act or a "community
17 residential alternative" as licensed under that Act;
18 (8) An assisted living or shared housing establishment
19 as defined in the Assisted Living and Shared Housing Act;
20 or
21 (9) A supportive living facility as described in
22 Section 5-5.01a of the Illinois Public Aid Code.
23 (e) "Eligible adult" means either an adult with
24 disabilities aged 18 through 59 or a person aged 60 or older
25 who resides in a domestic living situation and is, or is
26 alleged to be, abused, abandoned, neglected, or financially
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1 exploited by another individual or who neglects himself or
2 herself. "Eligible adult" also includes an adult who resides
3 in any of the facilities that are excluded from the definition
4 of "domestic living situation" under paragraphs (1) through
5 (9) of subsection (d), if either: (i) the alleged abuse,
6 abandonment, or neglect occurs outside of the facility and not
7 under facility supervision and the alleged abuser is a family
8 member, caregiver, or another person who has a continuing
9 relationship with the adult; or (ii) the alleged financial
10 exploitation is perpetrated by a family member, caregiver, or
11 another person who has a continuing relationship with the
12 adult, but who is not an employee of the facility where the
13 adult resides.
14 (f) "Emergency" means a situation in which an eligible
15 adult is living in conditions presenting a risk of death or
16 physical, mental or sexual injury and the provider agency has
17 reason to believe the eligible adult is unable to consent to
18 services which would alleviate that risk.
19 (f-1) "Financial exploitation" means the use of an
20 eligible adult's resources by another to the disadvantage of
21 that adult or the profit or advantage of a person other than
22 that adult.
23 (f-3) "Investment advisor" means any person required to
24 register as an investment adviser or investment adviser
25 representative under Section 8 of the Illinois Securities Law
26 of 1953, which for purposes of this Act excludes any bank,
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1 trust company, savings bank, or credit union, or their
2 respective employees.
3 (f-5) "Mandated reporter" means any of the following
4 persons while engaged in carrying out their professional
5 duties:
6 (1) a professional or professional's delegate while
7 engaged in: (i) social services, (ii) law enforcement,
8 (iii) education, (iv) the care of an eligible adult or
9 eligible adults, or (v) any of the occupations required to
10 be licensed under the Behavior Analyst Licensing Act, the
11 Clinical Psychologist Licensing Act, the Clinical Social
12 Work and Social Work Practice Act, the Illinois Dental
13 Practice Act, the Dietitian Nutritionist Practice Act, the
14 Marriage and Family Therapy Licensing Act, the Medical
15 Practice Act of 1987, the Naprapathic Practice Act, the
16 Nurse Practice Act, the Nursing Home Administrators
17 Licensing and Disciplinary Act, the Illinois Occupational
18 Therapy Practice Act, the Illinois Optometric Practice Act
19 of 1987, the Pharmacy Practice Act, the Illinois Physical
20 Therapy Act, the Physician Assistant Practice Act of 1987,
21 the Podiatric Medical Practice Act of 1987, the
22 Respiratory Care Practice Act, the Professional Counselor
23 and Clinical Professional Counselor Licensing and Practice
24 Act, the Illinois Speech-Language Pathology and Audiology
25 Practice Act, the Veterinary Medicine and Surgery Practice
26 Act of 2004, and the Illinois Public Accounting Act;
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1 (1.5) an employee of an entity providing developmental
2 disabilities services or service coordination funded by
3 the Department of Human Services;
4 (2) an employee of a vocational rehabilitation
5 facility prescribed or supervised by the Department of
6 Human Services;
7 (3) an administrator, employee, or person providing
8 services in or through an unlicensed community based
9 facility;
10 (4) any religious practitioner who provides treatment
11 by prayer or spiritual means alone in accordance with the
12 tenets and practices of a recognized church or religious
13 denomination, except as to information received in any
14 confession or sacred communication enjoined by the
15 discipline of the religious denomination to be held
16 confidential;
17 (5) field personnel of the Department of Healthcare
18 and Family Services, Department of Public Health, and
19 Department of Human Services, and any county or municipal
20 health department;
21 (6) personnel of the Department of Human Services, the
22 Guardianship and Advocacy Commission, the State Fire
23 Marshal, local fire departments, the Department on Aging
24 and its subsidiary Area Agencies on Aging and provider
25 agencies, except the State Long Term Care Ombudsman and
26 any of his or her representatives or volunteers where
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1 prohibited from making such a report pursuant to 45 CFR
2 1324.11(e)(3)(iv);
3 (7) any employee of the State of Illinois not
4 otherwise specified herein who is involved in providing
5 services to eligible adults, including professionals
6 providing medical or rehabilitation services and all other
7 persons having direct contact with eligible adults;
8 (8) a person who performs the duties of a coroner or
9 medical examiner;
10 (9) a person who performs the duties of a paramedic or
11 an emergency medical technician; or
12 (10) a person who performs the duties of an investment
13 advisor; .
14 (11) a person who performs the duties of a
15 broker-advisor; or
16 (12) an officer or employee of a financial
17 institution.
18 (g) "Neglect" means another individual's failure to
19 provide an eligible adult with or willful withholding from an
20 eligible adult the necessities of life including, but not
21 limited to, food, clothing, shelter or health care. This
22 subsection does not create any new affirmative duty to provide
23 support to eligible adults. Nothing in this Act shall be
24 construed to mean that an eligible adult is a victim of neglect
25 because of health care services provided or not provided by
26 licensed health care professionals.
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1 (h) "Provider agency" means any public or nonprofit agency
2 in a planning and service area that is selected by the
3 Department or appointed by the regional administrative agency
4 with prior approval by the Department on Aging to receive and
5 assess reports of alleged or suspected abuse, abandonment,
6 neglect, or financial exploitation. A provider agency is also
7 referenced as a "designated agency" in this Act.
8 (i) "Regional administrative agency" means any public or
9 nonprofit agency in a planning and service area that provides
10 regional oversight and performs functions as set forth in
11 subsection (b) of Section 3 of this Act. The Department shall
12 designate an Area Agency on Aging as the regional
13 administrative agency or, in the event the Area Agency on
14 Aging in that planning and service area is deemed by the
15 Department to be unwilling or unable to provide those
16 functions, the Department may serve as the regional
17 administrative agency or designate another qualified entity to
18 serve as the regional administrative agency; any such
19 designation shall be subject to terms set forth by the
20 Department.
21 (i-5) "Self-neglect" means a condition that is the result
22 of an eligible adult's inability, due to physical or mental
23 impairments, or both, or a diminished capacity, to perform
24 essential self-care tasks that substantially threaten his or
25 her own health, including: providing essential food, clothing,
26 shelter, and health care; and obtaining goods and services
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1 necessary to maintain physical health, mental health,
2 emotional well-being, and general safety. The term includes
3 compulsive hoarding, which is characterized by the acquisition
4 and retention of large quantities of items and materials that
5 produce an extensively cluttered living space, which
6 significantly impairs the performance of essential self-care
7 tasks or otherwise substantially threatens life or safety.
8 (j) "Substantiated case" means a reported case of alleged
9 or suspected abuse, abandonment, neglect, financial
10 exploitation, or self-neglect in which a provider agency,
11 after assessment, determines that there is reason to believe
12 abuse, abandonment, neglect, or financial exploitation has
13 occurred.
14 (k) "Verified" means a determination that there is "clear
15 and convincing evidence" that the specific injury or harm
16 alleged was the result of abuse, abandonment, neglect, or
17 financial exploitation.
18 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
19 103-329, eff. 1-1-24.)
20 (320 ILCS 20/2.5 new)
21 Sec. 2.5. Financial exploitation.
22 (a) As used in this Section, unless the context requires
23 otherwise:
24 "Financial institution" means any of the following:
25 (1) A depository institution, as defined in Section
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1 3(c) of the Federal Deposit Insurance Act (12 U.S.C.
2 1813(c)).
3 (2) An institution-affiliated party, as defined in
4 Section 3(u) of the Federal Deposit Insurance Act (12
5 U.S.C. 1813(u)).
6 (3) A federal credit union or state credit union, as
7 defined in Section 101 of the Federal Credit Union Act (12
8 U.S.C. 1752), including, but not limited to, an
9 institution-affiliated party of a credit union, as defined
10 in Section 206(r) of the Federal Credit Union Act (12
11 U.S.C. 1786(r)).
12 "Representative" means a person or entity that is either
13 of the following:
14 (1) A conservator, trustee, or other representative of
15 the estate of an eligible adult.
16 (2) An attorney-in-fact of an eligible adult who acts
17 within the authority of the power of attorney.
18 (b) Financial exploitation of an eligible adult occurs
19 when a person or entity does any of the following:
20 (1) Takes, secretes, appropriates, obtains, or retains
21 real or personal property of an eligible adult for a
22 wrongful use or with intent to defraud, or both.
23 (2) Assists in taking, secreting, appropriating,
24 obtaining, or retaining real or personal property of an
25 eligible adult for a wrongful use or with intent to
26 defraud, or both.
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1 (3) Knowingly aids and abets in the taking, secreting,
2 appropriating, obtaining, or retaining of real or personal
3 property of an eligible adult for a wrongful use or with
4 intent to defraud, or both.
5 (4) Takes, secretes, appropriates, obtains, or
6 retains, or assists in taking, secreting, appropriating,
7 obtaining, or retaining, real or personal property of an
8 eligible adult by undue influence.
9 (c) A person or entity is deemed to have taken, secreted,
10 appropriated, obtained, or retained property for a wrongful
11 use or assisted in taking, secreting, appropriating,
12 obtaining, or retaining property for a wrongful use, if, among
13 other things, the person or entity takes, secretes,
14 appropriates, obtains, or retains the property or assists in
15 taking, secreting, appropriating, obtaining, or retaining the
16 property and the person or entity knew or should have known
17 that this conduct is likely to be harmful to the eligible
18 adult.
19 (d) A person or entity takes, secretes, appropriates,
20 obtains, or retains real or personal property when an eligible
21 adult is deprived of any property right, including by means of
22 an agreement, donative transfer, or testamentary bequest,
23 regardless of whether the property is held directly or by a
24 representative of an eligible adult.
25 (e) Assisting in the financial exploitation of an eligible
26 adult occurs when a person or entity does either of the
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1 following:
2 (1) For a financial institution, an officer or
3 employee of a financial institution, a broker-dealer, or
4 an investment advisor, executing a transaction with or
5 processing a transaction on behalf of an eligible adult
6 for which both of the following apply:
7 (A) The eligible adult interacts with one or more
8 officers or employees of the financial institution or
9 with the broker-dealer or investment advisor in the
10 process of requesting, initiating, or completing the
11 transaction.
12 (B) The financial institution, the officer or
13 employee of the financial institution, the
14 broker-dealer, or the investment advisor fails to act
15 as a reasonable person or entity in a like position
16 would, considering the surrounding facts and
17 circumstances, including the transaction history of
18 the eligible adult, whether the transaction is aligned
19 with prevailing business practices, and whether the
20 eligible adult exhibits multiple red flags, in
21 executing the transaction with or processing the
22 transaction on behalf of the eligible adult. As used
23 in this subparagraph, "red flags" refers to the
24 behavioral and financial red flags enumerated in Elder
25 Financial Exploitation Advisory in FinCEN Advisory
26 FIN-2022-A002 by the United States Department of the
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1 Treasury.
2 (2) For any other mandated reporter not listed in
3 paragraph (1), failing to act as a reasonable person in a
4 like position would, considering the surrounding facts and
5 circumstances, including, but not limited to, any of the
6 following:
7 (A) The vulnerability of the eligible adult.
8 (B) The extent to which the eligible adult relied
9 on the mandated reporter to handle the eligible
10 adult's finances or for financial advice or financial
11 decisions.
12 (C) Any information the eligible adult provided to
13 the mandated reporter about the situation.
14 (D) The mandated reporter's past interactions with
15 the eligible adult and whether the eligible adult's
16 behavior was markedly different than in the eligible
17 adult's prior interactions with the mandated reporter.
18 (E) Whether the mandated reporter has a fiduciary
19 duty to the eligible adult.
20 (F) Any instructions or information the mandated
21 reporter has been given about the eligible adult's
22 capacity or ability to make decisions.
23 (G) Any trainings the mandated reporter has taken
24 or should have taken, or information the mandated
25 reporter has received or should have received, on the
26 subjects of elder abuse and financial exploitation.
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1 (f)(1) For purposes of paragraph (1) of subsection (e), a
2 financial institution, an officer or employee of a financial
3 institution, a broker-dealer, or an investment advisor shall
4 be deemed to have acted reasonably if the person or entity
5 proves that, at the time that the transaction was requested,
6 the person or entity gave the eligible adult an explanation
7 and warning, verbally and in writing, regarding the person's
8 or entity's knowledge of, or suspicion of, financial
9 exploitation occurring with respect to that transaction, and
10 if either of the following is met:
11 (A) If the eligible adult has designated a trusted
12 contact person to receive notification of any known or
13 suspected financial exploitation, or there is a joint
14 holder on the account for which the transaction is
15 requested, the person or entity contacted the trusted
16 contact person or joint account holder and obtained
17 consent for the transaction.
18 (B)(i) If the financial institution, officer or
19 employee of the financial institution, broker-dealer, or
20 investment advisor was unable to communicate with and
21 obtain the consent of a secondary authorized account
22 holder or trusted contact person, or there was no joint
23 account holder or designated trusted contact person, the
24 person or entity refused the transaction, or notified the
25 appropriate provider agency and law enforcement and held
26 the transaction for 15 business days or until the provider
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1 agency or law enforcement informed the person or entity
2 that the transaction should be completed. If, at any time
3 during the 15-day period, the eligible adult informs the
4 person or entity that the eligible adult does not wish to
5 complete the transaction, the person or entity does not
6 act reasonably if they complete the transaction anyway.
7 (ii) Notwithstanding any other law to the contrary,
8 for the purposes of item (i), a financial institution,
9 officer or employee of the financial institution,
10 broker-dealer, or investment advisor is authorized to
11 delay or refuse a requested transaction if the person or
12 entity notified the provider agency and law enforcement.
13 (2) For the purposes of paragraph (1) of subsection (e), a
14 nonsupervisory employee of a financial institution may not be
15 held personally liable in his or her individual capacity for
16 violations of this Section. However, this Section does not
17 affect the liability of the financial institution for its own
18 acts or under the theory of respondeat superior.
19 (g) Nothing in this Section shall in any way affect or
20 contravene any other reporting requirements under this Act.
21 (h) Nothing in this Section shall apply to criminal
22 prosecutions of financial exploitation of an elderly person or
23 a person with a disability.
24 (i) Nothing in this Section shall be construed to prevent
25 or significantly interfere with any financial institution's
26 exercise of its powers under federal law.
SB3804 - 16 - LRB103 35144 KTG 65108 b
SB3804- 17 -LRB103 35144 KTG 65108 b SB3804 - 17 - LRB103 35144 KTG 65108 b
SB3804 - 17 - LRB103 35144 KTG 65108 b
SB3804 - 17 - LRB103 35144 KTG 65108 b