Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1389 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1389 Introduced 1/29/2025, 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, managers, 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 or an officer, manager, or employee 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. LRB104 10854 KTG 20936 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1389 Introduced 1/29/2025, 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, managers, 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 or an officer, manager, or employee 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. LRB104 10854 KTG 20936 b LRB104 10854 KTG 20936 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1389 Introduced 1/29/2025, 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, managers, 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 or an officer, manager, or employee 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.
7	7	LRB104 10854 KTG 20936 b LRB104 10854 KTG 20936 b
8	8	LRB104 10854 KTG 20936 b
9	9	A BILL FOR
10	10	SB1389LRB104 10854 KTG 20936 b SB1389 LRB104 10854 KTG 20936 b
11	11	SB1389 LRB104 10854 KTG 20936 b
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 or subjecting an
31	31	20 eligible adult to an environment which creates a likelihood of
32	32	21 harm to the eligible adult's health, physical and emotional
33	33	22 well-being, or welfare.
34	34	23 Nothing in this Act shall be construed to mean that an
35	35
36	36
37	37
38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1389 Introduced 1/29/2025, 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, managers, 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 or an officer, manager, or employee 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.
43	43	LRB104 10854 KTG 20936 b LRB104 10854 KTG 20936 b
44	44	LRB104 10854 KTG 20936 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	320 ILCS 20/2 from Ch. 23, par. 6602
52	52	320 ILCS 20/2.5 new
53	53
54	54
55	55
56	56	LRB104 10854 KTG 20936 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	SB1389 LRB104 10854 KTG 20936 b
67	67
68	68
69	69	SB1389- 2 -LRB104 10854 KTG 20936 b SB1389 - 2 - LRB104 10854 KTG 20936 b
70	70	SB1389 - 2 - LRB104 10854 KTG 20936 b
71	71	1 eligible adult is a victim of abuse, abandonment, neglect, or
72	72	2 self-neglect for the sole reason that he or she is being
73	73	3 furnished with or relies upon treatment by spiritual means
74	74	4 through prayer alone, in accordance with the tenets and
75	75	5 practices of a recognized church or religious denomination.
76	76	6 Nothing in this Act shall be construed to mean that an
77	77	7 eligible adult is a victim of abuse because of health care
78	78	8 services provided or not provided by licensed health care
79	79	9 professionals.
80	80	10 Nothing in this Act shall be construed to mean that an
81	81	11 eligible adult is a victim of abuse in cases of criminal
82	82	12 activity by strangers, telemarketing scams, consumer fraud,
83	83	13 internet fraud, home repair disputes, complaints against a
84	84	14 homeowners' association, or complaints between landlords and
85	85	15 tenants.
86	86	16 (a-5) "Abuser" means a person who is a family member,
87	87	17 caregiver, or another person who has a continuing relationship
88	88	18 with the eligible adult and abuses, abandons, neglects, or
89	89	19 financially exploits an eligible adult.
90	90	20 (a-6) "Adult with disabilities" means a person aged 18
91	91	21 through 59 who resides in a domestic living situation and
92	92	22 whose disability as defined in subsection (c-5) impairs his or
93	93	23 her ability to seek or obtain protection from abuse,
94	94	24 abandonment, neglect, or exploitation.
95	95	25 (a-7) "Broker-dealer" means any person engaged in the
96	96	26 business of effecting transactions in securities in this State
97	97
98	98
99	99
100	100
101	101
102	102	SB1389 - 2 - LRB104 10854 KTG 20936 b
103	103
104	104
105	105	SB1389- 3 -LRB104 10854 KTG 20936 b SB1389 - 3 - LRB104 10854 KTG 20936 b
106	106	SB1389 - 3 - LRB104 10854 KTG 20936 b
107	107	1 for the account of others or for that person's own account and
108	108	2 who is registered with the United States Securities and
109	109	3 Exchange Commission.
110	110	4 (a-10) (a-7) "Caregiver" means a person who either as a
111	111	5 result of a family relationship, voluntarily, or in exchange
112	112	6 for compensation has assumed responsibility for all or a
113	113	7 portion of the care of an eligible adult who needs assistance
114	114	8 with activities of daily living or instrumental activities of
115	115	9 daily living.
116	116	10 (b) "Department" means the Department on Aging of the
117	117	11 State of Illinois.
118	118	12 (c) "Director" means the Director of the Department.
119	119	13 (c-5) "Disability" means a physical or mental disability,
120	120	14 including, but not limited to, a developmental disability, an
121	121	15 intellectual disability, a mental illness as defined under the
122	122	16 Mental Health and Developmental Disabilities Code, or dementia
123	123	17 as defined under the Alzheimer's Disease Assistance Act.
124	124	18 (d) "Domestic living situation" means a residence where
125	125	19 the eligible adult at the time of the report lives alone or
126	126	20 with his or her family or a caregiver, or others, or other
127	127	21 community-based unlicensed facility, but is not:
128	128	22 (1) A licensed facility as defined in Section 1-113 of
129	129	23 the Nursing Home Care Act;
130	130	24 (1.5) A facility licensed under the ID/DD Community
131	131	25 Care Act;
132	132	26 (1.6) A facility licensed under the MC/DD Act;
133	133
134	134
135	135
136	136
137	137
138	138	SB1389 - 3 - LRB104 10854 KTG 20936 b
139	139
140	140
141	141	SB1389- 4 -LRB104 10854 KTG 20936 b SB1389 - 4 - LRB104 10854 KTG 20936 b
142	142	SB1389 - 4 - LRB104 10854 KTG 20936 b
143	143	1 (1.7) A facility licensed under the Specialized Mental
144	144	2 Health Rehabilitation Act of 2013;
145	145	3 (2) A "life care facility" as defined in the Life Care
146	146	4 Facilities Act;
147	147	5 (3) A home, institution, or other place operated by
148	148	6 the federal government or agency thereof or by the State
149	149	7 of Illinois;
150	150	8 (4) A hospital, sanitarium, or other institution, the
151	151	9 principal activity or business of which is the diagnosis,
152	152	10 care, and treatment of human illness through the
153	153	11 maintenance and operation of organized facilities
154	154	12 therefor, which is required to be licensed under the
155	155	13 Hospital Licensing Act;
156	156	14 (5) A "community living facility" as defined in the
157	157	15 Community Living Facilities Licensing Act;
158	158	16 (6) (Blank);
159	159	17 (7) A "community-integrated living arrangement" as
160	160	18 defined in the Community-Integrated Living Arrangements
161	161	19 Licensure and Certification Act or a "community
162	162	20 residential alternative" as licensed under that Act;
163	163	21 (8) An assisted living or shared housing establishment
164	164	22 as defined in the Assisted Living and Shared Housing Act;
165	165	23 or
166	166	24 (9) A supportive living facility as described in
167	167	25 Section 5-5.01a of the Illinois Public Aid Code.
168	168	26 (e) "Eligible adult" means either an adult with
169	169
170	170
171	171
172	172
173	173
174	174	SB1389 - 4 - LRB104 10854 KTG 20936 b
175	175
176	176
177	177	SB1389- 5 -LRB104 10854 KTG 20936 b SB1389 - 5 - LRB104 10854 KTG 20936 b
178	178	SB1389 - 5 - LRB104 10854 KTG 20936 b
179	179	1 disabilities aged 18 through 59 or a person aged 60 or older
180	180	2 who resides in a domestic living situation and is, or is
181	181	3 alleged to be, abused, abandoned, neglected, or financially
182	182	4 exploited by another individual or who neglects himself or
183	183	5 herself. "Eligible adult" also includes an adult who resides
184	184	6 in any of the facilities that are excluded from the definition
185	185	7 of "domestic living situation" under paragraphs (1) through
186	186	8 (9) of subsection (d), if either: (i) the alleged abuse,
187	187	9 abandonment, or neglect occurs outside of the facility and not
188	188	10 under facility supervision and the alleged abuser is a family
189	189	11 member, caregiver, or another person who has a continuing
190	190	12 relationship with the adult; or (ii) the alleged financial
191	191	13 exploitation is perpetrated by a family member, caregiver, or
192	192	14 another person who has a continuing relationship with the
193	193	15 adult, but who is not an employee of the facility where the
194	194	16 adult resides.
195	195	17 (f) "Emergency" means a situation in which an eligible
196	196	18 adult is living in conditions presenting a risk of death or
197	197	19 physical, mental or sexual injury and the provider agency has
198	198	20 reason to believe the eligible adult is unable to consent to
199	199	21 services which would alleviate that risk.
200	200	22 (f-1) "Financial exploitation" means the use of an
201	201	23 eligible adult's resources by another to the disadvantage of
202	202	24 that adult or the profit or advantage of a person other than
203	203	25 that adult.
204	204	26 (f-3) "Investment advisor" means any person required to
205	205
206	206
207	207
208	208
209	209
210	210	SB1389 - 5 - LRB104 10854 KTG 20936 b
211	211
212	212
213	213	SB1389- 6 -LRB104 10854 KTG 20936 b SB1389 - 6 - LRB104 10854 KTG 20936 b
214	214	SB1389 - 6 - LRB104 10854 KTG 20936 b
215	215	1 register as an investment adviser or investment adviser
216	216	2 representative under Section 8 of the Illinois Securities Law
217	217	3 of 1953, which for purposes of this Act excludes any bank,
218	218	4 trust company, savings bank, or credit union, or their
219	219	5 respective employees.
220	220	6 (f-5) "Mandated reporter" means any of the following
221	221	7 persons while engaged in carrying out their professional
222	222	8 duties:
223	223	9 (1) a professional or professional's delegate while
224	224	10 engaged in: (i) social services, (ii) law enforcement,
225	225	11 (iii) education, (iv) the care of an eligible adult or
226	226	12 eligible adults, or (v) any of the occupations required to
227	227	13 be licensed under the Behavior Analyst Licensing Act, the
228	228	14 Clinical Psychologist Licensing Act, the Clinical Social
229	229	15 Work and Social Work Practice Act, the Illinois Dental
230	230	16 Practice Act, the Dietitian Nutritionist Practice Act, the
231	231	17 Marriage and Family Therapy Licensing Act, the Medical
232	232	18 Practice Act of 1987, the Naprapathic Practice Act, the
233	233	19 Nurse Practice Act, the Nursing Home Administrators
234	234	20 Licensing and Disciplinary Act, the Illinois Occupational
235	235	21 Therapy Practice Act, the Illinois Optometric Practice Act
236	236	22 of 1987, the Pharmacy Practice Act, the Illinois Physical
237	237	23 Therapy Act, the Physician Assistant Practice Act of 1987,
238	238	24 the Podiatric Medical Practice Act of 1987, the
239	239	25 Respiratory Care Practice Act, the Professional Counselor
240	240	26 and Clinical Professional Counselor Licensing and Practice
241	241
242	242
243	243
244	244
245	245
246	246	SB1389 - 6 - LRB104 10854 KTG 20936 b
247	247
248	248
249	249	SB1389- 7 -LRB104 10854 KTG 20936 b SB1389 - 7 - LRB104 10854 KTG 20936 b
250	250	SB1389 - 7 - LRB104 10854 KTG 20936 b
251	251	1 Act, the Illinois Speech-Language Pathology and Audiology
252	252	2 Practice Act, the Veterinary Medicine and Surgery Practice
253	253	3 Act of 2004, and the Illinois Public Accounting Act;
254	254	4 (1.5) an employee of an entity providing developmental
255	255	5 disabilities services or service coordination funded by
256	256	6 the Department of Human Services;
257	257	7 (2) an employee of a vocational rehabilitation
258	258	8 facility prescribed or supervised by the Department of
259	259	9 Human Services;
260	260	10 (3) an administrator, employee, or person providing
261	261	11 services in or through an unlicensed community based
262	262	12 facility;
263	263	13 (4) any religious practitioner who provides treatment
264	264	14 by prayer or spiritual means alone in accordance with the
265	265	15 tenets and practices of a recognized church or religious
266	266	16 denomination, except as to information received in any
267	267	17 confession or sacred communication enjoined by the
268	268	18 discipline of the religious denomination to be held
269	269	19 confidential;
270	270	20 (5) field personnel of the Department of Healthcare
271	271	21 and Family Services, Department of Public Health, and
272	272	22 Department of Human Services, and any county or municipal
273	273	23 health department;
274	274	24 (6) personnel of the Department of Human Services, the
275	275	25 Guardianship and Advocacy Commission, the State Fire
276	276	26 Marshal, local fire departments, the Department on Aging
277	277
278	278
279	279
280	280
281	281
282	282	SB1389 - 7 - LRB104 10854 KTG 20936 b
283	283
284	284
285	285	SB1389- 8 -LRB104 10854 KTG 20936 b SB1389 - 8 - LRB104 10854 KTG 20936 b
286	286	SB1389 - 8 - LRB104 10854 KTG 20936 b
287	287	1 and its subsidiary Area Agencies on Aging and provider
288	288	2 agencies, except the State Long Term Care Ombudsman and
289	289	3 any of his or her representatives or volunteers where
290	290	4 prohibited from making such a report pursuant to 45 CFR
291	291	5 1324.11(e)(3)(iv);
292	292	6 (7) any employee of the State of Illinois not
293	293	7 otherwise specified herein who is involved in providing
294	294	8 services to eligible adults, including professionals
295	295	9 providing medical or rehabilitation services and all other
296	296	10 persons having direct contact with eligible adults;
297	297	11 (8) a person who performs the duties of a coroner or
298	298	12 medical examiner;
299	299	13 (9) a person who performs the duties of a paramedic or
300	300	14 an emergency medical technician; or
301	301	15 (10) a person who performs the duties of an investment
302	302	16 advisor; .
303	303	17 (11) a person who performs the duties of a
304	304	18 broker-advisor; or
305	305	19 (12) an officer, manager, or employee of a financial
306	306	20 institution.
307	307	21 (g) "Neglect" means another individual's failure to
308	308	22 provide an eligible adult with or willful withholding from an
309	309	23 eligible adult the necessities of life including, but not
310	310	24 limited to, food, clothing, shelter or health care. This
311	311	25 subsection does not create any new affirmative duty to provide
312	312	26 support to eligible adults. Nothing in this Act shall be
313	313
314	314
315	315
316	316
317	317
318	318	SB1389 - 8 - LRB104 10854 KTG 20936 b
319	319
320	320
321	321	SB1389- 9 -LRB104 10854 KTG 20936 b SB1389 - 9 - LRB104 10854 KTG 20936 b
322	322	SB1389 - 9 - LRB104 10854 KTG 20936 b
323	323	1 construed to mean that an eligible adult is a victim of neglect
324	324	2 because of health care services provided or not provided by
325	325	3 licensed health care professionals.
326	326	4 (h) "Provider agency" means any public or nonprofit agency
327	327	5 in a planning and service area that is selected by the
328	328	6 Department or appointed by the regional administrative agency
329	329	7 with prior approval by the Department on Aging to receive and
330	330	8 assess reports of alleged or suspected abuse, abandonment,
331	331	9 neglect, or financial exploitation. A provider agency is also
332	332	10 referenced as a "designated agency" in this Act.
333	333	11 (i) "Regional administrative agency" means any public or
334	334	12 nonprofit agency in a planning and service area that provides
335	335	13 regional oversight and performs functions as set forth in
336	336	14 subsection (b) of Section 3 of this Act. The Department shall
337	337	15 designate an Area Agency on Aging as the regional
338	338	16 administrative agency or, in the event the Area Agency on
339	339	17 Aging in that planning and service area is deemed by the
340	340	18 Department to be unwilling or unable to provide those
341	341	19 functions, the Department may serve as the regional
342	342	20 administrative agency or designate another qualified entity to
343	343	21 serve as the regional administrative agency; any such
344	344	22 designation shall be subject to terms set forth by the
345	345	23 Department.
346	346	24 (i-5) "Self-neglect" means a condition that is the result
347	347	25 of an eligible adult's inability, due to physical or mental
348	348	26 impairments, or both, or a diminished capacity, to perform
349	349
350	350
351	351
352	352
353	353
354	354	SB1389 - 9 - LRB104 10854 KTG 20936 b
355	355
356	356
357	357	SB1389- 10 -LRB104 10854 KTG 20936 b SB1389 - 10 - LRB104 10854 KTG 20936 b
358	358	SB1389 - 10 - LRB104 10854 KTG 20936 b
359	359	1 essential self-care tasks that substantially threaten his or
360	360	2 her own health, including: providing essential food, clothing,
361	361	3 shelter, and health care; and obtaining goods and services
362	362	4 necessary to maintain physical health, mental health,
363	363	5 emotional well-being, and general safety. The term includes
364	364	6 compulsive hoarding, which is characterized by the acquisition
365	365	7 and retention of large quantities of items and materials that
366	366	8 produce an extensively cluttered living space, which
367	367	9 significantly impairs the performance of essential self-care
368	368	10 tasks or otherwise substantially threatens life or safety.
369	369	11 (j) "Substantiated case" means a reported case of alleged
370	370	12 or suspected abuse, abandonment, neglect, financial
371	371	13 exploitation, or self-neglect in which a provider agency,
372	372	14 after assessment, determines that there is reason to believe
373	373	15 abuse, abandonment, neglect, or financial exploitation has
374	374	16 occurred.
375	375	17 (k) "Verified" means a determination that there is "clear
376	376	18 and convincing evidence" that the specific injury or harm
377	377	19 alleged was the result of abuse, abandonment, neglect, or
378	378	20 financial exploitation.
379	379	21 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
380	380	22 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
381	381	23 (320 ILCS 20/2.5 new)
382	382	24 Sec. 2.5. Financial exploitation.
383	383	25 (a) As used in this Section, unless the context requires
384	384
385	385
386	386
387	387
388	388
389	389	SB1389 - 10 - LRB104 10854 KTG 20936 b
390	390
391	391
392	392	SB1389- 11 -LRB104 10854 KTG 20936 b SB1389 - 11 - LRB104 10854 KTG 20936 b
393	393	SB1389 - 11 - LRB104 10854 KTG 20936 b
394	394	1 otherwise:
395	395	2 "Financial institution" means any of the following:
396	396	3 (1) A depository institution, as defined in Section
397	397	4 3(c) of the Federal Deposit Insurance Act (12 U.S.C.
398	398	5 1813(c)).
399	399	6 (2) An institution-affiliated party, as defined in
400	400	7 Section 3(u) of the Federal Deposit Insurance Act (12
401	401	8 U.S.C. 1813(u)).
402	402	9 (3) A federal credit union or state credit union, as
403	403	10 defined in Section 101 of the Federal Credit Union Act (12
404	404	11 U.S.C. 1752), including, but not limited to, an
405	405	12 institution-affiliated party of a credit union, as defined
406	406	13 in Section 206(r) of the Federal Credit Union Act (12
407	407	14 U.S.C. 1786(r)).
408	408	15 "Representative" means a person or entity that is either
409	409	16 of the following:
410	410	17 (1) A conservator, trustee, or other representative of
411	411	18 the estate of an eligible adult.
412	412	19 (2) An attorney-in-fact of an eligible adult who acts
413	413	20 within the authority of the power of attorney.
414	414	21 (b) Financial exploitation of an eligible adult occurs
415	415	22 when a person or entity does any of the following:
416	416	23 (1) Takes, secretes, appropriates, obtains, or retains
417	417	24 real or personal property of an eligible adult for a
418	418	25 wrongful use or with intent to defraud, or both.
419	419	26 (2) Assists in taking, secreting, appropriating,
420	420
421	421
422	422
423	423
424	424
425	425	SB1389 - 11 - LRB104 10854 KTG 20936 b
426	426
427	427
428	428	SB1389- 12 -LRB104 10854 KTG 20936 b SB1389 - 12 - LRB104 10854 KTG 20936 b
429	429	SB1389 - 12 - LRB104 10854 KTG 20936 b
430	430	1 obtaining, or retaining real or personal property of an
431	431	2 eligible adult for a wrongful use or with intent to
432	432	3 defraud, or both.
433	433	4 (3) Knowingly aids and abets in the taking, secreting,
434	434	5 appropriating, obtaining, or retaining of real or personal
435	435	6 property of an eligible adult for a wrongful use or with
436	436	7 intent to defraud, or both.
437	437	8 (4) Takes, secretes, appropriates, obtains, or
438	438	9 retains, or assists in taking, secreting, appropriating,
439	439	10 obtaining, or retaining, real or personal property of an
440	440	11 eligible adult by undue influence.
441	441	12 (c) A person or entity is deemed to have taken, secreted,
442	442	13 appropriated, obtained, or retained property for a wrongful
443	443	14 use or assisted in taking, secreting, appropriating,
444	444	15 obtaining, or retaining property for a wrongful use, if, among
445	445	16 other things, the person or entity takes, secretes,
446	446	17 appropriates, obtains, or retains the property or assists in
447	447	18 taking, secreting, appropriating, obtaining, or retaining the
448	448	19 property and the person or entity knew or should have known
449	449	20 that this conduct is likely to be harmful to the eligible
450	450	21 adult.
451	451	22 (d) A person or entity takes, secretes, appropriates,
452	452	23 obtains, or retains real or personal property when an eligible
453	453	24 adult is deprived of any property right, including by means of
454	454	25 an agreement, donative transfer, or testamentary bequest,
455	455	26 regardless of whether the property is held directly or by a
456	456
457	457
458	458
459	459
460	460
461	461	SB1389 - 12 - LRB104 10854 KTG 20936 b
462	462
463	463
464	464	SB1389- 13 -LRB104 10854 KTG 20936 b SB1389 - 13 - LRB104 10854 KTG 20936 b
465	465	SB1389 - 13 - LRB104 10854 KTG 20936 b
466	466	1 representative of an eligible adult.
467	467	2 (e) Assisting in the financial exploitation of an eligible
468	468	3 adult occurs when a person or entity does either of the
469	469	4 following:
470	470	5 (1) For a financial institution or an officer,
471	471	6 manager, or employee of a financial institution, a
472	472	7 broker-dealer, or an investment advisor, executing a
473	473	8 transaction with or processing a transaction on behalf of
474	474	9 an eligible adult for which both of the following apply:
475	475	10 (A) The eligible adult interacts with one or more
476	476	11 officers, managers, or employees of the financial
477	477	12 institution or with the broker-dealer or investment
478	478	13 advisor in the process of requesting, initiating, or
479	479	14 completing the transaction.
480	480	15 (B) The financial institution or the officer,
481	481	16 manager, or employee of the financial institution, the
482	482	17 broker-dealer, or the investment advisor fails to act
483	483	18 as a reasonable person or entity in a like position
484	484	19 would, considering the surrounding facts and
485	485	20 circumstances, including the transaction history of
486	486	21 the eligible adult, whether the transaction is aligned
487	487	22 with prevailing business practices, and whether the
488	488	23 eligible adult exhibits multiple red flags, in
489	489	24 executing the transaction with or processing the
490	490	25 transaction on behalf of the eligible adult. As used
491	491	26 in this subparagraph, "red flags" refers to the
492	492
493	493
494	494
495	495
496	496
497	497	SB1389 - 13 - LRB104 10854 KTG 20936 b
498	498
499	499
500	500	SB1389- 14 -LRB104 10854 KTG 20936 b SB1389 - 14 - LRB104 10854 KTG 20936 b
501	501	SB1389 - 14 - LRB104 10854 KTG 20936 b
502	502	1 behavioral and financial red flags enumerated in Elder
503	503	2 Financial Exploitation Advisory in FinCEN Advisory
504	504	3 FIN-2022-A002 by the United States Department of the
505	505	4 Treasury.
506	506	5 (2) For any other mandated reporter not listed in
507	507	6 paragraph (1), failing to act as a reasonable person in a
508	508	7 like position would, considering the surrounding facts and
509	509	8 circumstances, including, but not limited to, any of the
510	510	9 following:
511	511	10 (A) The vulnerability of the eligible adult.
512	512	11 (B) The extent to which the eligible adult relied
513	513	12 on the mandated reporter to handle the eligible
514	514	13 adult's finances or for financial advice or financial
515	515	14 decisions.
516	516	15 (C) Any information the eligible adult provided to
517	517	16 the mandated reporter about the situation.
518	518	17 (D) The mandated reporter's past interactions with
519	519	18 the eligible adult and whether the eligible adult's
520	520	19 behavior was markedly different than in the eligible
521	521	20 adult's prior interactions with the mandated reporter.
522	522	21 (E) Whether the mandated reporter has a fiduciary
523	523	22 duty to the eligible adult.
524	524	23 (F) Any instructions or information the mandated
525	525	24 reporter has been given about the eligible adult's
526	526	25 capacity or ability to make decisions.
527	527	26 (G) Any trainings the mandated reporter has taken
528	528
529	529
530	530
531	531
532	532
533	533	SB1389 - 14 - LRB104 10854 KTG 20936 b
534	534
535	535
536	536	SB1389- 15 -LRB104 10854 KTG 20936 b SB1389 - 15 - LRB104 10854 KTG 20936 b
537	537	SB1389 - 15 - LRB104 10854 KTG 20936 b
538	538	1 or should have taken, or information the mandated
539	539	2 reporter has received or should have received, on the
540	540	3 subjects of elder abuse and financial exploitation.
541	541	4 (f)(1) For purposes of paragraph (1) of subsection (e), a
542	542	5 financial institution or an officer, manager, or employee of a
543	543	6 financial institution, a broker-dealer, or an investment
544	544	7 advisor shall be deemed to have acted reasonably if the person
545	545	8 or entity proves that, at the time that the transaction was
546	546	9 requested, the person or entity gave the eligible adult an
547	547	10 explanation and warning, verbally and in writing, regarding
548	548	11 the person's or entity's knowledge of, or suspicion of,
549	549	12 financial exploitation occurring with respect to that
550	550	13 transaction, and if either of the following is met:
551	551	14 (A) If the eligible adult has designated a trusted
552	552	15 contact person to receive notification of any known or
553	553	16 suspected financial exploitation, or there is a joint
554	554	17 holder on the account for which the transaction is
555	555	18 requested, the person or entity contacted the trusted
556	556	19 contact person or joint account holder and obtained
557	557	20 consent for the transaction.
558	558	21 (B)(i) If the financial institution or an officer,
559	559	22 manager, or employee of the financial institution, the
560	560	23 broker-dealer, or the investment advisor was unable to
561	561	24 communicate with and obtain the consent of a secondary
562	562	25 authorized account holder or trusted contact person, or
563	563	26 there was no joint account holder or designated trusted
564	564
565	565
566	566
567	567
568	568
569	569	SB1389 - 15 - LRB104 10854 KTG 20936 b
570	570
571	571
572	572	SB1389- 16 -LRB104 10854 KTG 20936 b SB1389 - 16 - LRB104 10854 KTG 20936 b
573	573	SB1389 - 16 - LRB104 10854 KTG 20936 b
574	574	1 contact person, the person or entity refused the
575	575	2 transaction, or notified the appropriate provider agency
576	576	3 and law enforcement and held the transaction for 15
577	577	4 business days or until the provider agency or law
578	578	5 enforcement informed the person or entity that the
579	579	6 transaction should be completed. If, at any time during
580	580	7 the 15-day period, the eligible adult informs the person
581	581	8 or entity that the eligible adult does not wish to
582	582	9 complete the transaction, the person or entity does not
583	583	10 act reasonably if they complete the transaction anyway.
584	584	11 (ii) Notwithstanding any other law to the contrary,
585	585	12 for the purposes of item (i), a financial institution or
586	586	13 an officer, manager, or employee of a financial
587	587	14 institution, a broker-dealer, or an investment advisor is
588	588	15 authorized to delay or refuse a requested transaction if
589	589	16 the person or entity notified the provider agency and law
590	590	17 enforcement.
591	591	18 (2) For the purposes of paragraph (1) of subsection (e), a
592	592	19 nonsupervisory employee of a financial institution may not be
593	593	20 held personally liable in his or her individual capacity for
594	594	21 violations of this Section. However, this Section does not
595	595	22 affect the liability of the financial institution for its own
596	596	23 acts or under the theory of respondeat superior.
597	597	24 (g) Nothing in this Section shall in any way affect or
598	598	25 contravene any other reporting requirements under this Act.
599	599	26 (h) Nothing in this Section shall apply to criminal
600	600
601	601
602	602
603	603
604	604
605	605	SB1389 - 16 - LRB104 10854 KTG 20936 b
606	606
607	607
608	608	SB1389- 17 -LRB104 10854 KTG 20936 b SB1389 - 17 - LRB104 10854 KTG 20936 b
609	609	SB1389 - 17 - LRB104 10854 KTG 20936 b
610	610
611	611
612	612
613	613
614	614
615	615	SB1389 - 17 - LRB104 10854 KTG 20936 b