IL
Illinois Senate Bill SB1551

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1551 Compare Versions

OldNewDifferences
1-SB1551 EngrossedLRB104 07489 KTG 17532 b SB1551 Engrossed LRB104 07489 KTG 17532 b
2- SB1551 Engrossed LRB104 07489 KTG 17532 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1551 Introduced 2/4/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: 5 ILCS 140/7320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/4 from Ch. 23, par. 6604320 ILCS 20/4.3 new320 ILCS 20/13 Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include a broker-dealer and any qualified individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment advisor. Permits a broker-dealer or investment advisor to delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary in cases of suspected financial exploitation. Sets forth certain actions a broker-dealer or investment advisor must take, including notifying the Department on Aging, of the requested disbursement and suspected financial exploitation. Contains provisions setting forth conditions upon which a delay of a disbursement shall expire; immunity for delaying disbursements; and financial records access. Makes conforming changes throughout the Act. Expands the definition of "financial exploitation" to include (1) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult; or (2) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (A) obtain control over the eligible adult's money, assets, or property; or (B) convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property. LRB104 07489 KTG 17532 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1551 Introduced 2/4/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: 5 ILCS 140/7320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/4 from Ch. 23, par. 6604320 ILCS 20/4.3 new320 ILCS 20/13 5 ILCS 140/7 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.3 new 320 ILCS 20/13 Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include a broker-dealer and any qualified individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment advisor. Permits a broker-dealer or investment advisor to delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary in cases of suspected financial exploitation. Sets forth certain actions a broker-dealer or investment advisor must take, including notifying the Department on Aging, of the requested disbursement and suspected financial exploitation. Contains provisions setting forth conditions upon which a delay of a disbursement shall expire; immunity for delaying disbursements; and financial records access. Makes conforming changes throughout the Act. Expands the definition of "financial exploitation" to include (1) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult; or (2) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (A) obtain control over the eligible adult's money, assets, or property; or (B) convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property. LRB104 07489 KTG 17532 b LRB104 07489 KTG 17532 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1551 Introduced 2/4/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
3+5 ILCS 140/7320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/4 from Ch. 23, par. 6604320 ILCS 20/4.3 new320 ILCS 20/13 5 ILCS 140/7 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.3 new 320 ILCS 20/13
4+5 ILCS 140/7
5+320 ILCS 20/2 from Ch. 23, par. 6602
6+320 ILCS 20/4 from Ch. 23, par. 6604
7+320 ILCS 20/4.3 new
8+320 ILCS 20/13
9+Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include a broker-dealer and any qualified individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment advisor. Permits a broker-dealer or investment advisor to delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary in cases of suspected financial exploitation. Sets forth certain actions a broker-dealer or investment advisor must take, including notifying the Department on Aging, of the requested disbursement and suspected financial exploitation. Contains provisions setting forth conditions upon which a delay of a disbursement shall expire; immunity for delaying disbursements; and financial records access. Makes conforming changes throughout the Act. Expands the definition of "financial exploitation" to include (1) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult; or (2) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (A) obtain control over the eligible adult's money, assets, or property; or (B) convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.
10+LRB104 07489 KTG 17532 b LRB104 07489 KTG 17532 b
11+ LRB104 07489 KTG 17532 b
12+A BILL FOR
13+SB1551LRB104 07489 KTG 17532 b SB1551 LRB104 07489 KTG 17532 b
14+ SB1551 LRB104 07489 KTG 17532 b
315 1 AN ACT concerning aging.
416 2 Be it enacted by the People of the State of Illinois,
517 3 represented in the General Assembly:
6-4 Section 5. The Adult Protective Services Act is amended by
7-5 changing Sections 2, 4, and 13 and by adding Section 4.3 as
8-6 follows:
9-7 (320 ILCS 20/2) (from Ch. 23, par. 6602)
10-8 Sec. 2. Definitions. As used in this Act, unless the
11-9 context requires otherwise:
12-10 (a) "Abandonment" means the desertion or willful forsaking
13-11 of an eligible adult by an individual responsible for the care
14-12 and custody of that eligible adult under circumstances in
15-13 which a reasonable person would continue to provide care and
16-14 custody. Nothing in this Act shall be construed to mean that an
17-15 eligible adult is a victim of abandonment because of health
18-16 care services provided or not provided by licensed health care
19-17 professionals.
20-18 (a-1) "Abuse" means causing any physical, mental or sexual
21-19 injury to an eligible adult, including exploitation of such
22-20 adult's financial resources, and abandonment or subjecting an
23-21 eligible adult to an environment which creates a likelihood of
24-22 harm to the eligible adult's health, physical and emotional
25-23 well-being, or welfare.
18+4 Section 5. The Freedom of Information Act is amended by
19+5 changing Section 7 as follows:
20+6 (5 ILCS 140/7)
21+7 Sec. 7. Exemptions.
22+8 (1) When a request is made to inspect or copy a public
23+9 record that contains information that is exempt from
24+10 disclosure under this Section, but also contains information
25+11 that is not exempt from disclosure, the public body may elect
26+12 to redact the information that is exempt. The public body
27+13 shall make the remaining information available for inspection
28+14 and copying. Subject to this requirement, the following shall
29+15 be exempt from inspection and copying:
30+16 (a) Information specifically prohibited from
31+17 disclosure by federal or State law or rules and
32+18 regulations implementing federal or State law.
33+19 (b) Private information, unless disclosure is required
34+20 by another provision of this Act, a State or federal law,
35+21 or a court order.
36+22 (b-5) Files, documents, and other data or databases
37+23 maintained by one or more law enforcement agencies and
2638
2739
2840
29- SB1551 Engrossed LRB104 07489 KTG 17532 b
30-
31-
32-SB1551 Engrossed- 2 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 2 - LRB104 07489 KTG 17532 b
33- SB1551 Engrossed - 2 - LRB104 07489 KTG 17532 b
34-1 Nothing in this Act shall be construed to mean that an
35-2 eligible adult is a victim of abuse, abandonment, neglect, or
36-3 self-neglect for the sole reason that he or she is being
37-4 furnished with or relies upon treatment by spiritual means
38-5 through prayer alone, in accordance with the tenets and
39-6 practices of a recognized church or religious denomination.
40-7 Nothing in this Act shall be construed to mean that an
41-8 eligible adult is a victim of abuse because of health care
42-9 services provided or not provided by licensed health care
43-10 professionals.
44-11 Nothing in this Act shall be construed to mean that an
45-12 eligible adult is a victim of abuse in cases of criminal
46-13 activity by strangers, telemarketing scams, consumer fraud,
47-14 internet fraud, home repair disputes, complaints against a
48-15 homeowners' association, or complaints between landlords and
49-16 tenants.
50-17 (a-5) "Abuser" means a person who is a family member,
51-18 caregiver, or another person who has a continuing relationship
52-19 with the eligible adult and abuses, abandons, neglects, or
53-20 financially exploits an eligible adult.
54-21 (a-6) "Adult with disabilities" means a person aged 18
55-22 through 59 who resides in a domestic living situation and
56-23 whose disability as defined in subsection (c-5) impairs his or
57-24 her ability to seek or obtain protection from abuse,
58-25 abandonment, neglect, or exploitation.
59-26 (a-7) "Agent" has the meaning ascribed to that term in
41+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1551 Introduced 2/4/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
42+5 ILCS 140/7320 ILCS 20/2 from Ch. 23, par. 6602320 ILCS 20/4 from Ch. 23, par. 6604320 ILCS 20/4.3 new320 ILCS 20/13 5 ILCS 140/7 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.3 new 320 ILCS 20/13
43+5 ILCS 140/7
44+320 ILCS 20/2 from Ch. 23, par. 6602
45+320 ILCS 20/4 from Ch. 23, par. 6604
46+320 ILCS 20/4.3 new
47+320 ILCS 20/13
48+Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include a broker-dealer and any qualified individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment advisor. Permits a broker-dealer or investment advisor to delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary in cases of suspected financial exploitation. Sets forth certain actions a broker-dealer or investment advisor must take, including notifying the Department on Aging, of the requested disbursement and suspected financial exploitation. Contains provisions setting forth conditions upon which a delay of a disbursement shall expire; immunity for delaying disbursements; and financial records access. Makes conforming changes throughout the Act. Expands the definition of "financial exploitation" to include (1) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult; or (2) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (A) obtain control over the eligible adult's money, assets, or property; or (B) convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.
49+LRB104 07489 KTG 17532 b LRB104 07489 KTG 17532 b
50+ LRB104 07489 KTG 17532 b
51+A BILL FOR
6052
6153
6254
6355
6456
65- SB1551 Engrossed - 2 - LRB104 07489 KTG 17532 b
57+5 ILCS 140/7
58+320 ILCS 20/2 from Ch. 23, par. 6602
59+320 ILCS 20/4 from Ch. 23, par. 6604
60+320 ILCS 20/4.3 new
61+320 ILCS 20/13
6662
6763
68-SB1551 Engrossed- 3 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 3 - LRB104 07489 KTG 17532 b
69- SB1551 Engrossed - 3 - LRB104 07489 KTG 17532 b
70-1 Section 2-3 of the Illinois Power of Attorney Act.
71-2 (a-8) "Broker-dealer" means any person engaged in the
72-3 business of effecting transactions in securities in this State
73-4 for the account of others or for that person's own account and
74-5 who is registered with the United States Securities and
75-6 Exchange Commission.
76-7 (a-9) (a-7) "Caregiver" means a person who either as a
77-8 result of a family relationship, voluntarily, or in exchange
78-9 for compensation has assumed responsibility for all or a
79-10 portion of the care of an eligible adult who needs assistance
80-11 with activities of daily living or instrumental activities of
81-12 daily living.
82-13 (b) "Department" means the Department on Aging of the
83-14 State of Illinois.
84-15 (c) "Director" means the Director of the Department.
85-16 (c-5) "Disability" means a physical or mental disability,
86-17 including, but not limited to, a developmental disability, an
87-18 intellectual disability, a mental illness as defined under the
88-19 Mental Health and Developmental Disabilities Code, or dementia
89-20 as defined under the Alzheimer's Disease Assistance Act.
90-21 (d) "Domestic living situation" means a residence where
91-22 the eligible adult at the time of the report lives alone or
92-23 with his or her family or a caregiver, or others, or other
93-24 community-based unlicensed facility, but is not:
94-25 (1) A licensed facility as defined in Section 1-113 of
95-26 the Nursing Home Care Act;
64+
65+ LRB104 07489 KTG 17532 b
9666
9767
9868
9969
10070
101- SB1551 Engrossed - 3 - LRB104 07489 KTG 17532 b
10271
10372
104-SB1551 Engrossed- 4 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 4 - LRB104 07489 KTG 17532 b
105- SB1551 Engrossed - 4 - LRB104 07489 KTG 17532 b
106-1 (1.5) A facility licensed under the ID/DD Community
107-2 Care Act;
108-3 (1.6) A facility licensed under the MC/DD Act;
109-4 (1.7) A facility licensed under the Specialized Mental
110-5 Health Rehabilitation Act of 2013;
111-6 (2) A "life care facility" as defined in the Life Care
112-7 Facilities Act;
113-8 (3) A home, institution, or other place operated by
114-9 the federal government or agency thereof or by the State
115-10 of Illinois;
116-11 (4) A hospital, sanitarium, or other institution, the
117-12 principal activity or business of which is the diagnosis,
118-13 care, and treatment of human illness through the
119-14 maintenance and operation of organized facilities
120-15 therefor, which is required to be licensed under the
121-16 Hospital Licensing Act;
122-17 (5) A "community living facility" as defined in the
123-18 Community Living Facilities Licensing Act;
124-19 (6) (Blank);
125-20 (7) A "community-integrated living arrangement" as
126-21 defined in the Community-Integrated Living Arrangements
127-22 Licensure and Certification Act or a "community
128-23 residential alternative" as licensed under that Act;
129-24 (8) An assisted living or shared housing establishment
130-25 as defined in the Assisted Living and Shared Housing Act;
131-26 or
73+
74+
75+ SB1551 LRB104 07489 KTG 17532 b
76+
77+
78+SB1551- 2 -LRB104 07489 KTG 17532 b SB1551 - 2 - LRB104 07489 KTG 17532 b
79+ SB1551 - 2 - LRB104 07489 KTG 17532 b
80+1 specifically designed to provide information to one or
81+2 more law enforcement agencies regarding the physical or
82+3 mental status of one or more individual subjects.
83+4 (c) Personal information contained within public
84+5 records, the disclosure of which would constitute a
85+6 clearly unwarranted invasion of personal privacy, unless
86+7 the disclosure is consented to in writing by the
87+8 individual subjects of the information. "Unwarranted
88+9 invasion of personal privacy" means the disclosure of
89+10 information that is highly personal or objectionable to a
90+11 reasonable person and in which the subject's right to
91+12 privacy outweighs any legitimate public interest in
92+13 obtaining the information. The disclosure of information
93+14 that bears on the public duties of public employees and
94+15 officials shall not be considered an invasion of personal
95+16 privacy.
96+17 (d) Records in the possession of any public body
97+18 created in the course of administrative enforcement
98+19 proceedings, and any law enforcement or correctional
99+20 agency for law enforcement purposes, but only to the
100+21 extent that disclosure would:
101+22 (i) interfere with pending or actually and
102+23 reasonably contemplated law enforcement proceedings
103+24 conducted by any law enforcement or correctional
104+25 agency that is the recipient of the request;
105+26 (ii) interfere with active administrative
132106
133107
134108
135109
136110
137- SB1551 Engrossed - 4 - LRB104 07489 KTG 17532 b
111+ SB1551 - 2 - LRB104 07489 KTG 17532 b
138112
139113
140-SB1551 Engrossed- 5 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 5 - LRB104 07489 KTG 17532 b
141- SB1551 Engrossed - 5 - LRB104 07489 KTG 17532 b
142-1 (9) A supportive living facility as described in
143-2 Section 5-5.01a of the Illinois Public Aid Code.
144-3 (e) "Eligible adult" means either an adult with
145-4 disabilities aged 18 through 59 or a person aged 60 or older
146-5 who resides in a domestic living situation and is, or is
147-6 alleged to be, abused, abandoned, neglected, or financially
148-7 exploited by another individual or who neglects himself or
149-8 herself. "Eligible adult" also includes an adult who resides
150-9 in any of the facilities that are excluded from the definition
151-10 of "domestic living situation" under paragraphs (1) through
152-11 (9) of subsection (d), if either: (i) the alleged abuse,
153-12 abandonment, or neglect occurs outside of the facility and not
154-13 under facility supervision and the alleged abuser is a family
155-14 member, caregiver, or another person who has a continuing
156-15 relationship with the adult; or (ii) the alleged financial
157-16 exploitation is perpetrated by a family member, caregiver, or
158-17 another person who has a continuing relationship with the
159-18 adult, but who is not an employee of the facility where the
160-19 adult resides.
161-20 (f) "Emergency" means a situation in which an eligible
162-21 adult is living in conditions presenting a risk of death or
163-22 physical, mental or sexual injury and the provider agency has
164-23 reason to believe the eligible adult is unable to consent to
165-24 services which would alleviate that risk.
166-25 (f-1) "Financial exploitation" means the use of an
167-26 eligible adult's resources by another to the disadvantage of
114+SB1551- 3 -LRB104 07489 KTG 17532 b SB1551 - 3 - LRB104 07489 KTG 17532 b
115+ SB1551 - 3 - LRB104 07489 KTG 17532 b
116+1 enforcement proceedings conducted by the public body
117+2 that is the recipient of the request;
118+3 (iii) create a substantial likelihood that a
119+4 person will be deprived of a fair trial or an impartial
120+5 hearing;
121+6 (iv) unavoidably disclose the identity of a
122+7 confidential source, confidential information
123+8 furnished only by the confidential source, or persons
124+9 who file complaints with or provide information to
125+10 administrative, investigative, law enforcement, or
126+11 penal agencies; except that the identities of
127+12 witnesses to traffic crashes, traffic crash reports,
128+13 and rescue reports shall be provided by agencies of
129+14 local government, except when disclosure would
130+15 interfere with an active criminal investigation
131+16 conducted by the agency that is the recipient of the
132+17 request;
133+18 (v) disclose unique or specialized investigative
134+19 techniques other than those generally used and known
135+20 or disclose internal documents of correctional
136+21 agencies related to detection, observation, or
137+22 investigation of incidents of crime or misconduct, and
138+23 disclosure would result in demonstrable harm to the
139+24 agency or public body that is the recipient of the
140+25 request;
141+26 (vi) endanger the life or physical safety of law
168142
169143
170144
171145
172146
173- SB1551 Engrossed - 5 - LRB104 07489 KTG 17532 b
147+ SB1551 - 3 - LRB104 07489 KTG 17532 b
174148
175149
176-SB1551 Engrossed- 6 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 6 - LRB104 07489 KTG 17532 b
177- SB1551 Engrossed - 6 - LRB104 07489 KTG 17532 b
178-1 that adult or for the profit or advantage of a person other
179-2 than that adult."Financial exploitation" includes:
180-3 (1) the wrongful or unauthorized taking, withholding,
181-4 appropriation, or use of money, assets, or property of an
182-5 eligible adult; or
183-6 (2) any act or omission taken by a person, including
184-7 through the use of a power of attorney, guardianship, or
185-8 conservatorship of an eligible adult, to:
186-9 (A) obtain control, through deception,
187-10 intimidation, or undue influence, over the eligible
188-11 adult's money, assets, or property to deprive the
189-12 eligible adult of the ownership, use, benefit, or
190-13 possession of his or her money, assets, or property;
191-14 or
192-15 (B) convert money, assets, or property of the
193-16 eligible adult through deception, intimidation, or
194-17 undue influence in order to deprive such eligible
195-18 adult of the ownership, use, benefit, or possession of
196-19 his or her money, assets, or property.
197-20 (f-2) (f-3) "Investment advisor" means any person required
198-21 to register as a federally-covered investment adviser or an
199-22 investment adviser or investment adviser representative under
200-23 Section 8 of the Illinois Securities Law of 1953, which for
201-24 purposes of this Act excludes any bank, trust company, savings
202-25 bank, or credit union, or their respective employees.
203-26 (f-4) "Qualified individual" means any person who serves
150+SB1551- 4 -LRB104 07489 KTG 17532 b SB1551 - 4 - LRB104 07489 KTG 17532 b
151+ SB1551 - 4 - LRB104 07489 KTG 17532 b
152+1 enforcement personnel or any other person; or
153+2 (vii) obstruct an ongoing criminal investigation
154+3 by the agency that is the recipient of the request.
155+4 (d-5) A law enforcement record created for law
156+5 enforcement purposes and contained in a shared electronic
157+6 record management system if the law enforcement agency
158+7 that is the recipient of the request did not create the
159+8 record, did not participate in or have a role in any of the
160+9 events which are the subject of the record, and only has
161+10 access to the record through the shared electronic record
162+11 management system.
163+12 (d-6) Records contained in the Officer Professional
164+13 Conduct Database under Section 9.2 of the Illinois Police
165+14 Training Act, except to the extent authorized under that
166+15 Section. This includes the documents supplied to the
167+16 Illinois Law Enforcement Training Standards Board from the
168+17 Illinois State Police and Illinois State Police Merit
169+18 Board.
170+19 (d-7) Information gathered or records created from the
171+20 use of automatic license plate readers in connection with
172+21 Section 2-130 of the Illinois Vehicle Code.
173+22 (e) Records that relate to or affect the security of
174+23 correctional institutions and detention facilities.
175+24 (e-5) Records requested by persons committed to the
176+25 Department of Corrections, Department of Human Services
177+26 Division of Mental Health, or a county jail if those
204178
205179
206180
207181
208182
209- SB1551 Engrossed - 6 - LRB104 07489 KTG 17532 b
183+ SB1551 - 4 - LRB104 07489 KTG 17532 b
210184
211185
212-SB1551 Engrossed- 7 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 7 - LRB104 07489 KTG 17532 b
213- SB1551 Engrossed - 7 - LRB104 07489 KTG 17532 b
214-1 in a supervisory, compliance, or legal capacity for a
215-2 broker-dealer or investment advisor.
216-3 (f-5) "Mandated reporter" means any of the following
217-4 persons while engaged in carrying out their professional
218-5 duties:
219-6 (1) a professional or professional's delegate while
220-7 engaged in: (i) social services, (ii) law enforcement,
221-8 (iii) education, (iv) the care of an eligible adult or
222-9 eligible adults, or (v) any of the occupations required to
223-10 be licensed under the Behavior Analyst Licensing Act, the
224-11 Clinical Psychologist Licensing Act, the Clinical Social
225-12 Work and Social Work Practice Act, the Illinois Dental
226-13 Practice Act, the Dietitian Nutritionist Practice Act, the
227-14 Marriage and Family Therapy Licensing Act, the Medical
228-15 Practice Act of 1987, the Naprapathic Practice Act, the
229-16 Nurse Practice Act, the Nursing Home Administrators
230-17 Licensing and Disciplinary Act, the Illinois Occupational
231-18 Therapy Practice Act, the Illinois Optometric Practice Act
232-19 of 1987, the Pharmacy Practice Act, the Illinois Physical
233-20 Therapy Act, the Physician Assistant Practice Act of 1987,
234-21 the Podiatric Medical Practice Act of 1987, the
235-22 Respiratory Care Practice Act, the Professional Counselor
236-23 and Clinical Professional Counselor Licensing and Practice
237-24 Act, the Illinois Speech-Language Pathology and Audiology
238-25 Practice Act, the Veterinary Medicine and Surgery Practice
239-26 Act of 2004, and the Illinois Public Accounting Act;
186+SB1551- 5 -LRB104 07489 KTG 17532 b SB1551 - 5 - LRB104 07489 KTG 17532 b
187+ SB1551 - 5 - LRB104 07489 KTG 17532 b
188+1 materials are available in the library of the correctional
189+2 institution or facility or jail where the inmate is
190+3 confined.
191+4 (e-6) Records requested by persons committed to the
192+5 Department of Corrections, Department of Human Services
193+6 Division of Mental Health, or a county jail if those
194+7 materials include records from staff members' personnel
195+8 files, staff rosters, or other staffing assignment
196+9 information.
197+10 (e-7) Records requested by persons committed to the
198+11 Department of Corrections or Department of Human Services
199+12 Division of Mental Health if those materials are available
200+13 through an administrative request to the Department of
201+14 Corrections or Department of Human Services Division of
202+15 Mental Health.
203+16 (e-8) Records requested by a person committed to the
204+17 Department of Corrections, Department of Human Services
205+18 Division of Mental Health, or a county jail, the
206+19 disclosure of which would result in the risk of harm to any
207+20 person or the risk of an escape from a jail or correctional
208+21 institution or facility.
209+22 (e-9) Records requested by a person in a county jail
210+23 or committed to the Department of Corrections or
211+24 Department of Human Services Division of Mental Health,
212+25 containing personal information pertaining to the person's
213+26 victim or the victim's family, including, but not limited
240214
241215
242216
243217
244218
245- SB1551 Engrossed - 7 - LRB104 07489 KTG 17532 b
219+ SB1551 - 5 - LRB104 07489 KTG 17532 b
246220
247221
248-SB1551 Engrossed- 8 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 8 - LRB104 07489 KTG 17532 b
249- SB1551 Engrossed - 8 - LRB104 07489 KTG 17532 b
250-1 (1.5) an employee of an entity providing developmental
251-2 disabilities services or service coordination funded by
252-3 the Department of Human Services;
253-4 (2) an employee of a vocational rehabilitation
254-5 facility prescribed or supervised by the Department of
255-6 Human Services;
256-7 (3) an administrator, employee, or person providing
257-8 services in or through an unlicensed community based
258-9 facility;
259-10 (4) any religious practitioner who provides treatment
260-11 by prayer or spiritual means alone in accordance with the
261-12 tenets and practices of a recognized church or religious
262-13 denomination, except as to information received in any
263-14 confession or sacred communication enjoined by the
264-15 discipline of the religious denomination to be held
265-16 confidential;
266-17 (5) field personnel of the Department of Healthcare
267-18 and Family Services, Department of Public Health, and
268-19 Department of Human Services, and any county or municipal
269-20 health department;
270-21 (6) personnel of the Department of Human Services, the
271-22 Guardianship and Advocacy Commission, the State Fire
272-23 Marshal, local fire departments, the Department on Aging
273-24 and its subsidiary Area Agencies on Aging and provider
274-25 agencies, except the State Long Term Care Ombudsman and
275-26 any of his or her representatives or volunteers where
222+SB1551- 6 -LRB104 07489 KTG 17532 b SB1551 - 6 - LRB104 07489 KTG 17532 b
223+ SB1551 - 6 - LRB104 07489 KTG 17532 b
224+1 to, a victim's home address, home telephone number, work
225+2 or school address, work telephone number, social security
226+3 number, or any other identifying information, except as
227+4 may be relevant to a requester's current or potential case
228+5 or claim.
229+6 (e-10) Law enforcement records of other persons
230+7 requested by a person committed to the Department of
231+8 Corrections, Department of Human Services Division of
232+9 Mental Health, or a county jail, including, but not
233+10 limited to, arrest and booking records, mug shots, and
234+11 crime scene photographs, except as these records may be
235+12 relevant to the requester's current or potential case or
236+13 claim.
237+14 (f) Preliminary drafts, notes, recommendations,
238+15 memoranda, and other records in which opinions are
239+16 expressed, or policies or actions are formulated, except
240+17 that a specific record or relevant portion of a record
241+18 shall not be exempt when the record is publicly cited and
242+19 identified by the head of the public body. The exemption
243+20 provided in this paragraph (f) extends to all those
244+21 records of officers and agencies of the General Assembly
245+22 that pertain to the preparation of legislative documents.
246+23 (g) Trade secrets and commercial or financial
247+24 information obtained from a person or business where the
248+25 trade secrets or commercial or financial information are
249+26 furnished under a claim that they are proprietary,
276250
277251
278252
279253
280254
281- SB1551 Engrossed - 8 - LRB104 07489 KTG 17532 b
255+ SB1551 - 6 - LRB104 07489 KTG 17532 b
282256
283257
284-SB1551 Engrossed- 9 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 9 - LRB104 07489 KTG 17532 b
285- SB1551 Engrossed - 9 - LRB104 07489 KTG 17532 b
286-1 prohibited from making such a report pursuant to 45 CFR
287-2 1324.11(e)(3)(iv);
288-3 (7) any employee of the State of Illinois not
289-4 otherwise specified herein who is involved in providing
290-5 services to eligible adults, including professionals
291-6 providing medical or rehabilitation services and all other
292-7 persons having direct contact with eligible adults;
293-8 (8) a person who performs the duties of a coroner or
294-9 medical examiner;
295-10 (9) a person who performs the duties of a paramedic or
296-11 an emergency medical technician; or
297-12 (10) a person who performs the duties of an investment
298-13 advisor; .
299-14 (11) a person who performs the duties of a
300-15 broker-dealer; or
301-16 (12) a qualified individual.
302-17 (g) "Neglect" means another individual's failure to
303-18 provide an eligible adult with or willful withholding from an
304-19 eligible adult the necessities of life including, but not
305-20 limited to, food, clothing, shelter or health care. This
306-21 subsection does not create any new affirmative duty to provide
307-22 support to eligible adults. Nothing in this Act shall be
308-23 construed to mean that an eligible adult is a victim of neglect
309-24 because of health care services provided or not provided by
310-25 licensed health care professionals.
311-26 (h) "Provider agency" means any public or nonprofit agency
258+SB1551- 7 -LRB104 07489 KTG 17532 b SB1551 - 7 - LRB104 07489 KTG 17532 b
259+ SB1551 - 7 - LRB104 07489 KTG 17532 b
260+1 privileged, or confidential, and that disclosure of the
261+2 trade secrets or commercial or financial information would
262+3 cause competitive harm to the person or business, and only
263+4 insofar as the claim directly applies to the records
264+5 requested.
265+6 The information included under this exemption includes
266+7 all trade secrets and commercial or financial information
267+8 obtained by a public body, including a public pension
268+9 fund, from a private equity fund or a privately held
269+10 company within the investment portfolio of a private
270+11 equity fund as a result of either investing or evaluating
271+12 a potential investment of public funds in a private equity
272+13 fund. The exemption contained in this item does not apply
273+14 to the aggregate financial performance information of a
274+15 private equity fund, nor to the identity of the fund's
275+16 managers or general partners. The exemption contained in
276+17 this item does not apply to the identity of a privately
277+18 held company within the investment portfolio of a private
278+19 equity fund, unless the disclosure of the identity of a
279+20 privately held company may cause competitive harm.
280+21 Nothing contained in this paragraph (g) shall be
281+22 construed to prevent a person or business from consenting
282+23 to disclosure.
283+24 (h) Proposals and bids for any contract, grant, or
284+25 agreement, including information which if it were
285+26 disclosed would frustrate procurement or give an advantage
312286
313287
314288
315289
316290
317- SB1551 Engrossed - 9 - LRB104 07489 KTG 17532 b
291+ SB1551 - 7 - LRB104 07489 KTG 17532 b
318292
319293
320-SB1551 Engrossed- 10 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 10 - LRB104 07489 KTG 17532 b
321- SB1551 Engrossed - 10 - LRB104 07489 KTG 17532 b
322-1 in a planning and service area that is selected by the
323-2 Department or appointed by the regional administrative agency
324-3 with prior approval by the Department on Aging to receive and
325-4 assess reports of alleged or suspected abuse, abandonment,
326-5 neglect, or financial exploitation. A provider agency is also
327-6 referenced as a "designated agency" in this Act.
328-7 (i) "Regional administrative agency" means any public or
329-8 nonprofit agency in a planning and service area that provides
330-9 regional oversight and performs functions as set forth in
331-10 subsection (b) of Section 3 of this Act. The Department shall
332-11 designate an Area Agency on Aging as the regional
333-12 administrative agency or, in the event the Area Agency on
334-13 Aging in that planning and service area is deemed by the
335-14 Department to be unwilling or unable to provide those
336-15 functions, the Department may serve as the regional
337-16 administrative agency or designate another qualified entity to
338-17 serve as the regional administrative agency; any such
339-18 designation shall be subject to terms set forth by the
340-19 Department.
341-20 (i-5) "Self-neglect" means a condition that is the result
342-21 of an eligible adult's inability, due to physical or mental
343-22 impairments, or both, or a diminished capacity, to perform
344-23 essential self-care tasks that substantially threaten his or
345-24 her own health, including: providing essential food, clothing,
346-25 shelter, and health care; and obtaining goods and services
347-26 necessary to maintain physical health, mental health,
294+SB1551- 8 -LRB104 07489 KTG 17532 b SB1551 - 8 - LRB104 07489 KTG 17532 b
295+ SB1551 - 8 - LRB104 07489 KTG 17532 b
296+1 to any person proposing to enter into a contractor
297+2 agreement with the body, until an award or final selection
298+3 is made. Information prepared by or for the body in
299+4 preparation of a bid solicitation shall be exempt until an
300+5 award or final selection is made.
301+6 (i) Valuable formulae, computer geographic systems,
302+7 designs, drawings, and research data obtained or produced
303+8 by any public body when disclosure could reasonably be
304+9 expected to produce private gain or public loss. The
305+10 exemption for "computer geographic systems" provided in
306+11 this paragraph (i) does not extend to requests made by
307+12 news media as defined in Section 2 of this Act when the
308+13 requested information is not otherwise exempt and the only
309+14 purpose of the request is to access and disseminate
310+15 information regarding the health, safety, welfare, or
311+16 legal rights of the general public.
312+17 (j) The following information pertaining to
313+18 educational matters:
314+19 (i) test questions, scoring keys, and other
315+20 examination data used to administer an academic
316+21 examination;
317+22 (ii) information received by a primary or
318+23 secondary school, college, or university under its
319+24 procedures for the evaluation of faculty members by
320+25 their academic peers;
321+26 (iii) information concerning a school or
348322
349323
350324
351325
352326
353- SB1551 Engrossed - 10 - LRB104 07489 KTG 17532 b
327+ SB1551 - 8 - LRB104 07489 KTG 17532 b
354328
355329
356-SB1551 Engrossed- 11 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 11 - LRB104 07489 KTG 17532 b
357- SB1551 Engrossed - 11 - LRB104 07489 KTG 17532 b
358-1 emotional well-being, and general safety. The term includes
359-2 compulsive hoarding, which is characterized by the acquisition
360-3 and retention of large quantities of items and materials that
361-4 produce an extensively cluttered living space, which
362-5 significantly impairs the performance of essential self-care
363-6 tasks or otherwise substantially threatens life or safety.
364-7 (j) "Substantiated case" means a reported case of alleged
365-8 or suspected abuse, abandonment, neglect, financial
366-9 exploitation, or self-neglect in which a provider agency,
367-10 after assessment, determines that there is reason to believe
368-11 abuse, abandonment, neglect, or financial exploitation has
369-12 occurred.
370-13 (k) "Verified" means a determination that there is "clear
371-14 and convincing evidence" that the specific injury or harm
372-15 alleged was the result of abuse, abandonment, neglect, or
373-16 financial exploitation.
374-17 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
375-18 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
376-19 (320 ILCS 20/4) (from Ch. 23, par. 6604)
377-20 Sec. 4. Reports of abuse, abandonment, or neglect.
378-21 (a) Except as otherwise provided for broker-dealers,
379-22 investment advisors, and qualified individuals in subsection
380-23 (a-1), any Any person who suspects the abuse, abandonment,
381-24 neglect, financial exploitation, or self-neglect of an
382-25 eligible adult may report this suspicion or information about
330+SB1551- 9 -LRB104 07489 KTG 17532 b SB1551 - 9 - LRB104 07489 KTG 17532 b
331+ SB1551 - 9 - LRB104 07489 KTG 17532 b
332+1 university's adjudication of student disciplinary
333+2 cases, but only to the extent that disclosure would
334+3 unavoidably reveal the identity of the student; and
335+4 (iv) course materials or research materials used
336+5 by faculty members.
337+6 (k) Architects' plans, engineers' technical
338+7 submissions, and other construction related technical
339+8 documents for projects not constructed or developed in
340+9 whole or in part with public funds and the same for
341+10 projects constructed or developed with public funds,
342+11 including, but not limited to, power generating and
343+12 distribution stations and other transmission and
344+13 distribution facilities, water treatment facilities,
345+14 airport facilities, sport stadiums, convention centers,
346+15 and all government owned, operated, or occupied buildings,
347+16 but only to the extent that disclosure would compromise
348+17 security.
349+18 (l) Minutes of meetings of public bodies closed to the
350+19 public as provided in the Open Meetings Act until the
351+20 public body makes the minutes available to the public
352+21 under Section 2.06 of the Open Meetings Act.
353+22 (m) Communications between a public body and an
354+23 attorney or auditor representing the public body that
355+24 would not be subject to discovery in litigation, and
356+25 materials prepared or compiled by or for a public body in
357+26 anticipation of a criminal, civil, or administrative
383358
384359
385360
386361
387362
388- SB1551 Engrossed - 11 - LRB104 07489 KTG 17532 b
363+ SB1551 - 9 - LRB104 07489 KTG 17532 b
389364
390365
391-SB1551 Engrossed- 12 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 12 - LRB104 07489 KTG 17532 b
392- SB1551 Engrossed - 12 - LRB104 07489 KTG 17532 b
393-1 the suspicious death of an eligible adult to an agency
394-2 designated to receive such reports under this Act or to the
395-3 Department.
396-4 (a-1) If a broker-dealer, investment advisor, or qualified
397-5 individual reasonably believes that financial exploitation of
398-6 an eligible adult may have occurred, may have been attempted,
399-7 or is being attempted, the broker-dealer, investment advisor,
400-8 or qualified individual shall promptly notify the Department
401-9 and the Illinois Securities Department within the Office of
402-10 the Secretary of State, or the provider agency designated to
403-11 receive such reports under this Act. The broker-dealer,
404-12 investment advisor, or qualified individual may also notify
405-13 any third party previously designated by the eligible adult.
406-14 Disclosure shall not be made to any designated third party who
407-15 is suspected of financial exploitation of the eligible adult.
408-16 (a-5) Except as otherwise provided for broker-dealers,
409-17 investment advisors, and qualified individuals in subsection
410-18 (a-1), if If any mandated reporter has reason to believe that
411-19 an eligible adult, who because of a disability or other
412-20 condition or impairment is unable to seek assistance for
413-21 himself or herself, has, within the previous 12 months, been
414-22 subjected to abuse, abandonment, neglect, or financial
415-23 exploitation, the mandated reporter shall, within 24 hours
416-24 after developing such belief, report this suspicion to an
417-25 agency designated to receive such reports under this Act or to
418-26 the Department. The agency designated to receive such reports
366+SB1551- 10 -LRB104 07489 KTG 17532 b SB1551 - 10 - LRB104 07489 KTG 17532 b
367+ SB1551 - 10 - LRB104 07489 KTG 17532 b
368+1 proceeding upon the request of an attorney advising the
369+2 public body, and materials prepared or compiled with
370+3 respect to internal audits of public bodies.
371+4 (n) Records relating to a public body's adjudication
372+5 of employee grievances or disciplinary cases; however,
373+6 this exemption shall not extend to the final outcome of
374+7 cases in which discipline is imposed.
375+8 (o) Administrative or technical information associated
376+9 with automated data processing operations, including, but
377+10 not limited to, software, operating protocols, computer
378+11 program abstracts, file layouts, source listings, object
379+12 modules, load modules, user guides, documentation
380+13 pertaining to all logical and physical design of
381+14 computerized systems, employee manuals, and any other
382+15 information that, if disclosed, would jeopardize the
383+16 security of the system or its data or the security of
384+17 materials exempt under this Section.
385+18 (p) Records relating to collective negotiating matters
386+19 between public bodies and their employees or
387+20 representatives, except that any final contract or
388+21 agreement shall be subject to inspection and copying.
389+22 (q) Test questions, scoring keys, and other
390+23 examination data used to determine the qualifications of
391+24 an applicant for a license or employment.
392+25 (r) The records, documents, and information relating
393+26 to real estate purchase negotiations until those
419394
420395
421396
422397
423398
424- SB1551 Engrossed - 12 - LRB104 07489 KTG 17532 b
399+ SB1551 - 10 - LRB104 07489 KTG 17532 b
425400
426401
427-SB1551 Engrossed- 13 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 13 - LRB104 07489 KTG 17532 b
428- SB1551 Engrossed - 13 - LRB104 07489 KTG 17532 b
429-1 under this Act or the Department may establish a manner in
430-2 which a mandated reporter can make the required report through
431-3 an Internet reporting tool. Information sent and received
432-4 through the Internet reporting tool is subject to the same
433-5 rules in this Act as other types of confidential reporting
434-6 established by the designated agency or the Department.
435-7 Whenever a mandated reporter is required to report under this
436-8 Act in his or her capacity as a member of the staff of a
437-9 medical or other public or private institution, facility, or
438-10 agency, he or she shall make a report to an agency designated
439-11 to receive such reports under this Act or to the Department in
440-12 accordance with the provisions of this Act and may also notify
441-13 the person in charge of the institution, facility, or agency
442-14 or his or her designated agent that the report has been made.
443-15 Under no circumstances shall any person in charge of such
444-16 institution, facility, or agency, or his or her designated
445-17 agent to whom the notification has been made, exercise any
446-18 control, restraint, modification, or other change in the
447-19 report or the forwarding of the report to an agency designated
448-20 to receive such reports under this Act or to the Department.
449-21 The privileged quality of communication between any
450-22 professional person required to report and his or her patient
451-23 or client shall not apply to situations involving abused,
452-24 abandoned, neglected, or financially exploited eligible adults
453-25 and shall not constitute grounds for failure to report as
454-26 required by this Act.
402+SB1551- 11 -LRB104 07489 KTG 17532 b SB1551 - 11 - LRB104 07489 KTG 17532 b
403+ SB1551 - 11 - LRB104 07489 KTG 17532 b
404+1 negotiations have been completed or otherwise terminated.
405+2 With regard to a parcel involved in a pending or actually
406+3 and reasonably contemplated eminent domain proceeding
407+4 under the Eminent Domain Act, records, documents, and
408+5 information relating to that parcel shall be exempt except
409+6 as may be allowed under discovery rules adopted by the
410+7 Illinois Supreme Court. The records, documents, and
411+8 information relating to a real estate sale shall be exempt
412+9 until a sale is consummated.
413+10 (s) Any and all proprietary information and records
414+11 related to the operation of an intergovernmental risk
415+12 management association or self-insurance pool or jointly
416+13 self-administered health and accident cooperative or pool.
417+14 Insurance or self-insurance (including any
418+15 intergovernmental risk management association or
419+16 self-insurance pool) claims, loss or risk management
420+17 information, records, data, advice, or communications.
421+18 (t) Information contained in or related to
422+19 examination, operating, or condition reports prepared by,
423+20 on behalf of, or for the use of a public body responsible
424+21 for the regulation or supervision of financial
425+22 institutions, insurance companies, or pharmacy benefit
426+23 managers, unless disclosure is otherwise required by State
427+24 law.
428+25 (u) Information that would disclose or might lead to
429+26 the disclosure of secret or confidential information,
455430
456431
457432
458433
459434
460- SB1551 Engrossed - 13 - LRB104 07489 KTG 17532 b
435+ SB1551 - 11 - LRB104 07489 KTG 17532 b
461436
462437
463-SB1551 Engrossed- 14 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 14 - LRB104 07489 KTG 17532 b
464- SB1551 Engrossed - 14 - LRB104 07489 KTG 17532 b
465-1 (a-6) Except as otherwise provided for broker-dealers,
466-2 investment advisors, and qualified individuals in subsection
467-3 (a-1), if If a mandated reporter has reason to believe that the
468-4 death of an eligible adult may be the result of abuse or
469-5 neglect, the matter shall be reported to an agency designated
470-6 to receive such reports under this Act or to the Department for
471-7 subsequent referral to the appropriate law enforcement agency
472-8 and the coroner or medical examiner in accordance with
473-9 subsection (c-5) of Section 3 of this Act.
474-10 (a-7) Except as otherwise provided for broker-dealers,
475-11 investment advisors, and qualified individuals in subsection
476-12 (a-8), any A person making a report under this Act in the
477-13 belief that it is in the alleged victim's best interest shall
478-14 be immune from criminal or civil liability or professional
479-15 disciplinary action on account of making the report,
480-16 notwithstanding any requirements concerning the
481-17 confidentiality of information with respect to such eligible
482-18 adult which might otherwise be applicable.
483-19 (a-8) A broker-dealer, investment advisor, or qualified
484-20 individual who in good faith and exercising reasonable care
485-21 makes a report or disclosure to the Department, the Illinois
486-22 Securities Department within the Office of the Secretary of
487-23 State, a designated provider agency, or a designated
488-24 third-party in accordance with subsection (a-1) shall be
489-25 immune from any administrative, civil, or criminal liability
490-26 that might otherwise arise from such report or disclosure or
438+SB1551- 12 -LRB104 07489 KTG 17532 b SB1551 - 12 - LRB104 07489 KTG 17532 b
439+ SB1551 - 12 - LRB104 07489 KTG 17532 b
440+1 codes, algorithms, programs, or private keys intended to
441+2 be used to create electronic signatures under the Uniform
442+3 Electronic Transactions Act.
443+4 (v) Vulnerability assessments, security measures, and
444+5 response policies or plans that are designed to identify,
445+6 prevent, or respond to potential attacks upon a
446+7 community's population or systems, facilities, or
447+8 installations, but only to the extent that disclosure
448+9 could reasonably be expected to expose the vulnerability
449+10 or jeopardize the effectiveness of the measures, policies,
450+11 or plans, or the safety of the personnel who implement
451+12 them or the public. Information exempt under this item may
452+13 include such things as details pertaining to the
453+14 mobilization or deployment of personnel or equipment, to
454+15 the operation of communication systems or protocols, to
455+16 cybersecurity vulnerabilities, or to tactical operations.
456+17 (w) (Blank).
457+18 (x) Maps and other records regarding the location or
458+19 security of generation, transmission, distribution,
459+20 storage, gathering, treatment, or switching facilities
460+21 owned by a utility, by a power generator, or by the
461+22 Illinois Power Agency.
462+23 (y) Information contained in or related to proposals,
463+24 bids, or negotiations related to electric power
464+25 procurement under Section 1-75 of the Illinois Power
465+26 Agency Act and Section 16-111.5 of the Public Utilities
491466
492467
493468
494469
495470
496- SB1551 Engrossed - 14 - LRB104 07489 KTG 17532 b
471+ SB1551 - 12 - LRB104 07489 KTG 17532 b
497472
498473
499-SB1551 Engrossed- 15 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 15 - LRB104 07489 KTG 17532 b
500- SB1551 Engrossed - 15 - LRB104 07489 KTG 17532 b
501-1 for any failure to notify the eligible adult of the report or
502-2 disclosure.
503-3 (a-9) Law enforcement officers shall continue to report
504-4 incidents of alleged abuse pursuant to the Illinois Domestic
505-5 Violence Act of 1986, notwithstanding any requirements under
506-6 this Act.
507-7 (b) Any person, institution or agency participating in the
508-8 making of a report, providing information or records related
509-9 to a report, assessment, or services, or participating in the
510-10 investigation of a report under this Act in good faith, or
511-11 taking photographs or x-rays as a result of an authorized
512-12 assessment, shall have immunity from any civil, criminal or
513-13 other liability in any civil, criminal or other proceeding
514-14 brought in consequence of making such report or assessment or
515-15 on account of submitting or otherwise disclosing such
516-16 photographs or x-rays to any agency designated to receive
517-17 reports of alleged or suspected abuse, abandonment, or
518-18 neglect. Any person, institution or agency authorized by the
519-19 Department to provide assessment, intervention, or
520-20 administrative services under this Act shall, in the good
521-21 faith performance of those services, have immunity from any
522-22 civil, criminal or other liability in any civil, criminal, or
523-23 other proceeding brought as a consequence of the performance
524-24 of those services. For the purposes of any civil, criminal, or
525-25 other proceeding, the good faith of any person required to
526-26 report, permitted to report, or participating in an
474+SB1551- 13 -LRB104 07489 KTG 17532 b SB1551 - 13 - LRB104 07489 KTG 17532 b
475+ SB1551 - 13 - LRB104 07489 KTG 17532 b
476+1 Act that is determined to be confidential and proprietary
477+2 by the Illinois Power Agency or by the Illinois Commerce
478+3 Commission.
479+4 (z) Information about students exempted from
480+5 disclosure under Section 10-20.38 or 34-18.29 of the
481+6 School Code, and information about undergraduate students
482+7 enrolled at an institution of higher education exempted
483+8 from disclosure under Section 25 of the Illinois Credit
484+9 Card Marketing Act of 2009.
485+10 (aa) Information the disclosure of which is exempted
486+11 under the Viatical Settlements Act of 2009.
487+12 (bb) Records and information provided to a mortality
488+13 review team and records maintained by a mortality review
489+14 team appointed under the Department of Juvenile Justice
490+15 Mortality Review Team Act.
491+16 (cc) Information regarding interments, entombments, or
492+17 inurnments of human remains that are submitted to the
493+18 Cemetery Oversight Database under the Cemetery Care Act or
494+19 the Cemetery Oversight Act, whichever is applicable.
495+20 (dd) Correspondence and records (i) that may not be
496+21 disclosed under Section 11-9 of the Illinois Public Aid
497+22 Code or (ii) that pertain to appeals under Section 11-8 of
498+23 the Illinois Public Aid Code.
499+24 (ee) The names, addresses, or other personal
500+25 information of persons who are minors and are also
501+26 participants and registrants in programs of park
527502
528503
529504
530505
531506
532- SB1551 Engrossed - 15 - LRB104 07489 KTG 17532 b
507+ SB1551 - 13 - LRB104 07489 KTG 17532 b
533508
534509
535-SB1551 Engrossed- 16 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 16 - LRB104 07489 KTG 17532 b
536- SB1551 Engrossed - 16 - LRB104 07489 KTG 17532 b
537-1 investigation of a report of alleged or suspected abuse,
538-2 abandonment, neglect, financial exploitation, or self-neglect
539-3 shall be presumed.
540-4 (c) The identity of a person making a report of alleged or
541-5 suspected abuse, abandonment, neglect, financial exploitation,
542-6 or self-neglect or a report concerning information about the
543-7 suspicious death of an eligible adult under this Act may be
544-8 disclosed by the Department or other agency provided for in
545-9 this Act only with such person's written consent or by court
546-10 order, but is otherwise confidential.
547-11 (d) The Department shall by rule establish a system for
548-12 filing and compiling reports made under this Act.
549-13 (e) Any physician who willfully fails to report as
550-14 required by this Act shall be referred to the Illinois State
551-15 Medical Disciplinary Board for action in accordance with
552-16 subdivision (A)(22) of Section 22 of the Medical Practice Act
553-17 of 1987. Any dentist or dental hygienist who willfully fails
554-18 to report as required by this Act shall be referred to the
555-19 Department of Financial and Professional Regulation for
556-20 possible disciplinary action. Any optometrist who willfully
557-21 fails to report as required by this Act shall be referred to
558-22 the Department of Financial and Professional Regulation for
559-23 action in accordance with paragraph (15) of subsection (a) of
560-24 Section 24 of the Illinois Optometric Practice Act of 1987.
561-25 Any other mandated reporter required by this Act to report
562-26 suspected abuse, abandonment, neglect, or financial
510+SB1551- 14 -LRB104 07489 KTG 17532 b SB1551 - 14 - LRB104 07489 KTG 17532 b
511+ SB1551 - 14 - LRB104 07489 KTG 17532 b
512+1 districts, forest preserve districts, conservation
513+2 districts, recreation agencies, and special recreation
514+3 associations.
515+4 (ff) The names, addresses, or other personal
516+5 information of participants and registrants in programs of
517+6 park districts, forest preserve districts, conservation
518+7 districts, recreation agencies, and special recreation
519+8 associations where such programs are targeted primarily to
520+9 minors.
521+10 (gg) Confidential information described in Section
522+11 1-100 of the Illinois Independent Tax Tribunal Act of
523+12 2012.
524+13 (hh) The report submitted to the State Board of
525+14 Education by the School Security and Standards Task Force
526+15 under item (8) of subsection (d) of Section 2-3.160 of the
527+16 School Code and any information contained in that report.
528+17 (ii) Records requested by persons committed to or
529+18 detained by the Department of Human Services under the
530+19 Sexually Violent Persons Commitment Act or committed to
531+20 the Department of Corrections under the Sexually Dangerous
532+21 Persons Act if those materials: (i) are available in the
533+22 library of the facility where the individual is confined;
534+23 (ii) include records from staff members' personnel files,
535+24 staff rosters, or other staffing assignment information;
536+25 or (iii) are available through an administrative request
537+26 to the Department of Human Services or the Department of
563538
564539
565540
566541
567542
568- SB1551 Engrossed - 16 - LRB104 07489 KTG 17532 b
543+ SB1551 - 14 - LRB104 07489 KTG 17532 b
569544
570545
571-SB1551 Engrossed- 17 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 17 - LRB104 07489 KTG 17532 b
572- SB1551 Engrossed - 17 - LRB104 07489 KTG 17532 b
573-1 exploitation who willfully fails to report the same is guilty
574-2 of a Class A misdemeanor.
575-3 (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24;
576-4 103-626, eff. 1-1-25.)
577-5 (320 ILCS 20/4.3 new)
578-6 Sec. 4.3. Delaying disbursements or transactions from
579-7 eligible adult's financial accounts.
580-8 (a) Delaying disbursements or transactions.
581-9 (1) In cases of suspected financial exploitation, a
582-10 broker-dealer or investment advisor may delay a
583-11 disbursement or transaction from an account of an eligible
584-12 adult or an account on which an eligible adult is a
585-13 beneficiary if:
586-14 (A) the broker-dealer or investment advisor or a
587-15 qualified individual reasonably believes, after
588-16 initiating an internal review of the requested
589-17 disbursement or transaction and the suspected
590-18 financial exploitation, that the requested
591-19 disbursement or transaction may result in financial
592-20 exploitation of an eligible adult; and
593-21 (B) the broker-dealer or investment advisor:
594-22 (i) immediately, but in no event more than 2
595-23 business days after the requested disbursement or
596-24 transaction, provides written notification of the
597-25 delay and the reason for the delay to all parties
546+SB1551- 15 -LRB104 07489 KTG 17532 b SB1551 - 15 - LRB104 07489 KTG 17532 b
547+ SB1551 - 15 - LRB104 07489 KTG 17532 b
548+1 Corrections.
549+2 (jj) Confidential information described in Section
550+3 5-535 of the Civil Administrative Code of Illinois.
551+4 (kk) The public body's credit card numbers, debit card
552+5 numbers, bank account numbers, Federal Employer
553+6 Identification Number, security code numbers, passwords,
554+7 and similar account information, the disclosure of which
555+8 could result in identity theft or impression or defrauding
556+9 of a governmental entity or a person.
557+10 (ll) Records concerning the work of the threat
558+11 assessment team of a school district, including, but not
559+12 limited to, any threat assessment procedure under the
560+13 School Safety Drill Act and any information contained in
561+14 the procedure.
562+15 (mm) Information prohibited from being disclosed under
563+16 subsections (a) and (b) of Section 15 of the Student
564+17 Confidential Reporting Act.
565+18 (nn) Proprietary information submitted to the
566+19 Environmental Protection Agency under the Drug Take-Back
567+20 Act.
568+21 (oo) Records described in subsection (f) of Section
569+22 3-5-1 of the Unified Code of Corrections.
570+23 (pp) Any and all information regarding burials,
571+24 interments, or entombments of human remains as required to
572+25 be reported to the Department of Natural Resources
573+26 pursuant either to the Archaeological and Paleontological
598574
599575
600576
601577
602578
603- SB1551 Engrossed - 17 - LRB104 07489 KTG 17532 b
579+ SB1551 - 15 - LRB104 07489 KTG 17532 b
604580
605581
606-SB1551 Engrossed- 18 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 18 - LRB104 07489 KTG 17532 b
607- SB1551 Engrossed - 18 - LRB104 07489 KTG 17532 b
608-1 authorized to transact business on the account,
609-2 unless any such party is reasonably believed to
610-3 have engaged in suspected or attempted financial
611-4 exploitation of the eligible adult;
612-5 (ii) immediately, but in no event more than 2
613-6 business days after the requested disbursement or
614-7 transaction, notifies the Department, or a
615-8 provider agency designated to receive such
616-9 reports; and
617-10 (iii) continues its internal review of the
618-11 suspected or attempted financial exploitation of
619-12 the eligible adult, as necessary, and reports the
620-13 investigation's results to the Department, or a
621-14 provider agency designated to receive such
622-15 reports, within 7 business days after the
623-16 requested disbursement or transaction.
624-17 (2) Any delay of a disbursement or transaction as
625-18 authorized by this subsection shall expire upon the sooner
626-19 of:
627-20 (A) a determination by the broker-dealer or
628-21 investment advisor that the disbursement or
629-22 transaction will not result in financial exploitation
630-23 of the eligible adult; or
631-24 (B) no later than 15 business days after the date
632-25 the broker-dealer or investment advisor initially
633-26 imposed the temporary hold on the disbursement or
582+SB1551- 16 -LRB104 07489 KTG 17532 b SB1551 - 16 - LRB104 07489 KTG 17532 b
583+ SB1551 - 16 - LRB104 07489 KTG 17532 b
584+1 Resources Protection Act or the Human Remains Protection
585+2 Act.
586+3 (qq) Reports described in subsection (e) of Section
587+4 16-15 of the Abortion Care Clinical Training Program Act.
588+5 (rr) Information obtained by a certified local health
589+6 department under the Access to Public Health Data Act.
590+7 (ss) For a request directed to a public body that is
591+8 also a HIPAA-covered entity, all information that is
592+9 protected health information, including demographic
593+10 information, that may be contained within or extracted
594+11 from any record held by the public body in compliance with
595+12 State and federal medical privacy laws and regulations,
596+13 including, but not limited to, the Health Insurance
597+14 Portability and Accountability Act and its regulations, 45
598+15 CFR Parts 160 and 164. As used in this paragraph,
599+16 "HIPAA-covered entity" has the meaning given to the term
600+17 "covered entity" in 45 CFR 160.103 and "protected health
601+18 information" has the meaning given to that term in 45 CFR
602+19 160.103.
603+20 (tt) Proposals or bids submitted by engineering
604+21 consultants in response to requests for proposal or other
605+22 competitive bidding requests by the Department of
606+23 Transportation or the Illinois Toll Highway Authority.
607+24 (uu) Records described in subsection (c) of Section
608+25 4.3 of the Adult Protective Services Act.
609+26 (1.5) Any information exempt from disclosure under the
634610
635611
636612
637613
638614
639- SB1551 Engrossed - 18 - LRB104 07489 KTG 17532 b
615+ SB1551 - 16 - LRB104 07489 KTG 17532 b
640616
641617
642-SB1551 Engrossed- 19 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 19 - LRB104 07489 KTG 17532 b
643- SB1551 Engrossed - 19 - LRB104 07489 KTG 17532 b
644-1 transaction, unless it is terminated or extended by a
645-2 State regulator, agency with competent jurisdiction,
646-3 or court of competent jurisdiction; or
647-4 (C) if, after conducting an internal review, the
648-5 broker-dealer or investment advisor reasonably
649-6 believes that financial exploitation of the eligible
650-7 adult has occurred, is occurring, has been attempted,
651-8 or will be attempted, the temporary hold may be
652-9 extended by the broker-dealer or investment advisor
653-10 for no more than 10 business days beyond the
654-11 expiration date established in subparagraph (B),
655-12 unless otherwise terminated or extended by a State
656-13 regulator, agency with competent jurisdiction, or
657-14 court of competent jurisdiction; or
658-15 (D) if, following the internal review, the
659-16 broker-dealer or investment advisor reasonably
660-17 believes that the financial exploitation of the
661-18 eligible adult has occurred, is occurring, has been
662-19 attempted, or will be attempted, and has notified a
663-20 State regulator, agency with competent jurisdiction,
664-21 or a court of competent jurisdiction of such belief,
665-22 the temporary hold may be extended by the
666-23 broker-dealer or investment advisor for up to 30
667-24 business days from the expiration date outlined in
668-25 subparagraph (C), unless otherwise terminated or
669-26 extended by a State regulator, agency with competent
618+SB1551- 17 -LRB104 07489 KTG 17532 b SB1551 - 17 - LRB104 07489 KTG 17532 b
619+ SB1551 - 17 - LRB104 07489 KTG 17532 b
620+1 Judicial Privacy Act shall be redacted from public records
621+2 prior to disclosure under this Act.
622+3 (2) A public record that is not in the possession of a
623+4 public body but is in the possession of a party with whom the
624+5 agency has contracted to perform a governmental function on
625+6 behalf of the public body, and that directly relates to the
626+7 governmental function and is not otherwise exempt under this
627+8 Act, shall be considered a public record of the public body,
628+9 for purposes of this Act.
629+10 (3) This Section does not authorize withholding of
630+11 information or limit the availability of records to the
631+12 public, except as stated in this Section or otherwise provided
632+13 in this Act.
633+14 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
634+15 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
635+16 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
636+17 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
637+18 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
638+19 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
639+20 eff. 7-1-24; 103-865, eff. 1-1-25.)
640+21 Section 10. The Adult Protective Services Act is amended
641+22 by changing Sections 2, 4, and 13 and by adding Section 4.3 as
642+23 follows:
643+24 (320 ILCS 20/2) (from Ch. 23, par. 6602)
670644
671645
672646
673647
674648
675- SB1551 Engrossed - 19 - LRB104 07489 KTG 17532 b
649+ SB1551 - 17 - LRB104 07489 KTG 17532 b
676650
677651
678-SB1551 Engrossed- 20 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 20 - LRB104 07489 KTG 17532 b
679- SB1551 Engrossed - 20 - LRB104 07489 KTG 17532 b
680-1 jurisdiction, or court of competent jurisdiction.
681-2 (3) A court of competent jurisdiction may enter an
682-3 order extending the delay of the disbursement of funds or
683-4 transaction, or may order other protective relief based on
684-5 the petition of the Department, the broker-dealer, or the
685-6 investment adviser that initiated the delay under this
686-7 subsection, or other interested party.
687-8 (b) Immunity for delaying disbursements or transactions. A
688-9 broker-dealer, investment advisor, or qualified individual
689-10 who, in good faith and exercising reasonable care, complies
690-11 with subsection (a) shall be immune from any administrative,
691-12 civil, or criminal liability that might otherwise arise from
692-13 such delay in a disbursement or transaction.
693-14 (c) Records. A broker-dealer, investment advisor, or
694-15 qualified individual shall provide access to or copies of
695-16 records that are relevant to the suspected or attempted
696-17 financial exploitation of an eligible adult to a
697-18 representative of the Department or a designated provider
698-19 agency and to law enforcement, either as part of a referral to
699-20 the Department, the provider agency, or law enforcement, or
700-21 upon request of the Department, the provider agency, or law
701-22 enforcement pursuant to an investigation. The records may
702-23 include historical records as well as records relating to the
703-24 most recent transaction or transactions that may comprise
704-25 financial exploitation of an eligible adult. All records made
705-26 available to the Department or a designated provider agency in
652+SB1551- 18 -LRB104 07489 KTG 17532 b SB1551 - 18 - LRB104 07489 KTG 17532 b
653+ SB1551 - 18 - LRB104 07489 KTG 17532 b
654+1 Sec. 2. Definitions. As used in this Act, unless the
655+2 context requires otherwise:
656+3 (a) "Abandonment" means the desertion or willful forsaking
657+4 of an eligible adult by an individual responsible for the care
658+5 and custody of that eligible adult under circumstances in
659+6 which a reasonable person would continue to provide care and
660+7 custody. Nothing in this Act shall be construed to mean that an
661+8 eligible adult is a victim of abandonment because of health
662+9 care services provided or not provided by licensed health care
663+10 professionals.
664+11 (a-1) "Abuse" means causing any physical, mental or sexual
665+12 injury to an eligible adult, including exploitation of such
666+13 adult's financial resources, and abandonment or subjecting an
667+14 eligible adult to an environment which creates a likelihood of
668+15 harm to the eligible adult's health, physical and emotional
669+16 well-being, or welfare.
670+17 Nothing in this Act shall be construed to mean that an
671+18 eligible adult is a victim of abuse, abandonment, neglect, or
672+19 self-neglect for the sole reason that he or she is being
673+20 furnished with or relies upon treatment by spiritual means
674+21 through prayer alone, in accordance with the tenets and
675+22 practices of a recognized church or religious denomination.
676+23 Nothing in this Act shall be construed to mean that an
677+24 eligible adult is a victim of abuse because of health care
678+25 services provided or not provided by licensed health care
679+26 professionals.
706680
707681
708682
709683
710684
711- SB1551 Engrossed - 20 - LRB104 07489 KTG 17532 b
685+ SB1551 - 18 - LRB104 07489 KTG 17532 b
712686
713687
714-SB1551 Engrossed- 21 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 21 - LRB104 07489 KTG 17532 b
715- SB1551 Engrossed - 21 - LRB104 07489 KTG 17532 b
716-1 accordance with this subsection are confidential and not
717-2 subject to disclosure under the Freedom of Information Act.
718-3 Nothing in this subsection shall limit or otherwise impede the
719-4 authority of the Department or a designated provider agency to
720-5 access or examine the books and records of broker-dealers,
721-6 investment advisors, or qualified individuals as otherwise
722-7 provided in Section 13 of this Act or other applicable law.
723-8 Disclosure requirements do not apply when such disclosure
724-9 would be prohibited by federal law or regulation, or State law
725-10 or regulation, including, but not limited to, FinCEN
726-11 requirements that strictly prohibit any sharing of suspicious
727-12 activity reports filed by banks.
728-13 (320 ILCS 20/13)
729-14 Sec. 13. Access.
730-15 (a) In accord with established law and Department
731-16 protocols, procedures, and policies, the designated provider
732-17 agencies shall have access to eligible adults who have been
733-18 reported or found to be victims of abuse, abandonment,
734-19 neglect, financial exploitation, or self-neglect in order to
735-20 assess the validity of the report, assess other needs of the
736-21 eligible adult, and provide services in accordance with this
737-22 Act.
738-23 (a-5) A representative of the Department or a designated
739-24 provider agency that is actively involved in an abuse,
740-25 abandonment, neglect, financial exploitation, or self-neglect
688+SB1551- 19 -LRB104 07489 KTG 17532 b SB1551 - 19 - LRB104 07489 KTG 17532 b
689+ SB1551 - 19 - LRB104 07489 KTG 17532 b
690+1 Nothing in this Act shall be construed to mean that an
691+2 eligible adult is a victim of abuse in cases of criminal
692+3 activity by strangers, telemarketing scams, consumer fraud,
693+4 internet fraud, home repair disputes, complaints against a
694+5 homeowners' association, or complaints between landlords and
695+6 tenants.
696+7 (a-5) "Abuser" means a person who is a family member,
697+8 caregiver, or another person who has a continuing relationship
698+9 with the eligible adult and abuses, abandons, neglects, or
699+10 financially exploits an eligible adult.
700+11 (a-6) "Adult with disabilities" means a person aged 18
701+12 through 59 who resides in a domestic living situation and
702+13 whose disability as defined in subsection (c-5) impairs his or
703+14 her ability to seek or obtain protection from abuse,
704+15 abandonment, neglect, or exploitation.
705+16 (a-7) "Agent" has the meaning ascribed to that term in
706+17 Section 2-3 of the Illinois Power of Attorney Act.
707+18 (a-8) "Broker-dealer" means any person engaged in the
708+19 business of effecting transactions in securities in this State
709+20 for the account of others or for that person's own account and
710+21 who is registered with the United States Securities and
711+22 Exchange Commission.
712+23 (a-9) (a-7) "Caregiver" means a person who either as a
713+24 result of a family relationship, voluntarily, or in exchange
714+25 for compensation has assumed responsibility for all or a
715+26 portion of the care of an eligible adult who needs assistance
741716
742717
743718
744719
745720
746- SB1551 Engrossed - 21 - LRB104 07489 KTG 17532 b
721+ SB1551 - 19 - LRB104 07489 KTG 17532 b
747722
748723
749-SB1551 Engrossed- 22 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 22 - LRB104 07489 KTG 17532 b
750- SB1551 Engrossed - 22 - LRB104 07489 KTG 17532 b
751-1 investigation under this Act shall be allowed access to the
752-2 financial records, including those records described in
753-3 subsection (c) of Section 4.3, mental and physical health
754-4 records, and other relevant evaluative records of the eligible
755-5 adult which are in the possession of any individual, financial
756-6 institution, broker-dealer, investment advisor, qualified
757-7 individual, health care provider, mental health provider,
758-8 educational facility, or other facility if necessary to
759-9 complete the investigation mandated by this Act. The
760-10 individual, provider, or facility shall provide such records
761-11 to the representative upon receipt of a written request and
762-12 certification from the Department or designated provider
763-13 agency that an investigation is being conducted under this Act
764-14 and the records are pertinent to the investigation.
765-15 Any records received by such representative, the
766-16 confidentiality of which is protected by another law or rule,
767-17 shall be maintained as confidential, except for such use as
768-18 may be necessary for any administrative or other legal
769-19 proceeding. Nothing in this paragraph shall be construed to
770-20 abrogate or supersede FinCEN requirements that strictly
771-21 prohibit any sharing of suspicious activity reports filed by
772-22 banks.
773-23 (b) Where access to an eligible adult is denied, including
774-24 the refusal to provide requested records, the Office of the
775-25 Attorney General, the Department, or the provider agency may
776-26 petition the court for an order to require appropriate access
724+SB1551- 20 -LRB104 07489 KTG 17532 b SB1551 - 20 - LRB104 07489 KTG 17532 b
725+ SB1551 - 20 - LRB104 07489 KTG 17532 b
726+1 with activities of daily living or instrumental activities of
727+2 daily living.
728+3 (b) "Department" means the Department on Aging of the
729+4 State of Illinois.
730+5 (c) "Director" means the Director of the Department.
731+6 (c-5) "Disability" means a physical or mental disability,
732+7 including, but not limited to, a developmental disability, an
733+8 intellectual disability, a mental illness as defined under the
734+9 Mental Health and Developmental Disabilities Code, or dementia
735+10 as defined under the Alzheimer's Disease Assistance Act.
736+11 (d) "Domestic living situation" means a residence where
737+12 the eligible adult at the time of the report lives alone or
738+13 with his or her family or a caregiver, or others, or other
739+14 community-based unlicensed facility, but is not:
740+15 (1) A licensed facility as defined in Section 1-113 of
741+16 the Nursing Home Care Act;
742+17 (1.5) A facility licensed under the ID/DD Community
743+18 Care Act;
744+19 (1.6) A facility licensed under the MC/DD Act;
745+20 (1.7) A facility licensed under the Specialized Mental
746+21 Health Rehabilitation Act of 2013;
747+22 (2) A "life care facility" as defined in the Life Care
748+23 Facilities Act;
749+24 (3) A home, institution, or other place operated by
750+25 the federal government or agency thereof or by the State
751+26 of Illinois;
777752
778753
779754
780755
781756
782- SB1551 Engrossed - 22 - LRB104 07489 KTG 17532 b
757+ SB1551 - 20 - LRB104 07489 KTG 17532 b
783758
784759
785-SB1551 Engrossed- 23 -LRB104 07489 KTG 17532 b SB1551 Engrossed - 23 - LRB104 07489 KTG 17532 b
786- SB1551 Engrossed - 23 - LRB104 07489 KTG 17532 b
787-1 where:
788-2 (1) a caregiver or third party has interfered with the
789-3 assessment or service plan, or
790-4 (2) the agency has reason to believe that the eligible
791-5 adult is denying access because of coercion, extortion, or
792-6 justifiable fear of future abuse, abandonment, neglect, or
793-7 financial exploitation.
794-8 (c) The petition for an order requiring appropriate access
795-9 shall be afforded an expedited hearing in the circuit court.
796-10 (d) If the provider agency has substantiated financial
797-11 exploitation against an eligible adult, and has documented a
798-12 reasonable belief that the eligible adult will be irreparably
799-13 harmed as a result of the financial exploitation, the Office
800-14 of the Attorney General, the Department, or the provider
801-15 agency may petition for an order freezing the assets of the
802-16 eligible adult. The petition shall be filed in the county or
803-17 counties in which the assets are located. The court's order
804-18 shall prohibit the sale, gifting, transfer, or wasting of the
805-19 assets of the eligible adult, both real and personal, owned
806-20 by, or vested in, the eligible adult, without the express
807-21 permission of the court. The petition to freeze the assets of
808-22 the eligible adult shall be afforded an expedited hearing in
809-23 the circuit court.
810-24 (Source: P.A. 102-244, eff. 1-1-22.)
760+SB1551- 21 -LRB104 07489 KTG 17532 b SB1551 - 21 - LRB104 07489 KTG 17532 b
761+ SB1551 - 21 - LRB104 07489 KTG 17532 b
762+1 (4) A hospital, sanitarium, or other institution, the
763+2 principal activity or business of which is the diagnosis,
764+3 care, and treatment of human illness through the
765+4 maintenance and operation of organized facilities
766+5 therefor, which is required to be licensed under the
767+6 Hospital Licensing Act;
768+7 (5) A "community living facility" as defined in the
769+8 Community Living Facilities Licensing Act;
770+9 (6) (Blank);
771+10 (7) A "community-integrated living arrangement" as
772+11 defined in the Community-Integrated Living Arrangements
773+12 Licensure and Certification Act or a "community
774+13 residential alternative" as licensed under that Act;
775+14 (8) An assisted living or shared housing establishment
776+15 as defined in the Assisted Living and Shared Housing Act;
777+16 or
778+17 (9) A supportive living facility as described in
779+18 Section 5-5.01a of the Illinois Public Aid Code.
780+19 (e) "Eligible adult" means either an adult with
781+20 disabilities aged 18 through 59 or a person aged 60 or older
782+21 who resides in a domestic living situation and is, or is
783+22 alleged to be, abused, abandoned, neglected, or financially
784+23 exploited by another individual or who neglects himself or
785+24 herself. "Eligible adult" also includes an adult who resides
786+25 in any of the facilities that are excluded from the definition
787+26 of "domestic living situation" under paragraphs (1) through
811788
812789
813790
814791
815792
816- SB1551 Engrossed - 23 - LRB104 07489 KTG 17532 b
793+ SB1551 - 21 - LRB104 07489 KTG 17532 b
794+
795+
796+SB1551- 22 -LRB104 07489 KTG 17532 b SB1551 - 22 - LRB104 07489 KTG 17532 b
797+ SB1551 - 22 - LRB104 07489 KTG 17532 b
798+1 (9) of subsection (d), if either: (i) the alleged abuse,
799+2 abandonment, or neglect occurs outside of the facility and not
800+3 under facility supervision and the alleged abuser is a family
801+4 member, caregiver, or another person who has a continuing
802+5 relationship with the adult; or (ii) the alleged financial
803+6 exploitation is perpetrated by a family member, caregiver, or
804+7 another person who has a continuing relationship with the
805+8 adult, but who is not an employee of the facility where the
806+9 adult resides.
807+10 (f) "Emergency" means a situation in which an eligible
808+11 adult is living in conditions presenting a risk of death or
809+12 physical, mental or sexual injury and the provider agency has
810+13 reason to believe the eligible adult is unable to consent to
811+14 services which would alleviate that risk.
812+15 (f-1) "Financial exploitation" means the use of an
813+16 eligible adult's resources by another to the disadvantage of
814+17 that adult or for the profit or advantage of a person other
815+18 than that adult."Financial exploitation" includes:
816+19 (1) the wrongful or unauthorized taking, withholding,
817+20 appropriation, or use of money, assets, or property of an
818+21 eligible adult; or
819+22 (2) any act or omission taken by a person, including
820+23 through the use of a power of attorney, guardianship, or
821+24 conservatorship of an eligible adult, to:
822+25 (A) obtain control, through deception,
823+26 intimidation, or undue influence, over the eligible
824+
825+
826+
827+
828+
829+ SB1551 - 22 - LRB104 07489 KTG 17532 b
830+
831+
832+SB1551- 23 -LRB104 07489 KTG 17532 b SB1551 - 23 - LRB104 07489 KTG 17532 b
833+ SB1551 - 23 - LRB104 07489 KTG 17532 b
834+1 adult's money, assets, or property to deprive the
835+2 eligible adult of the ownership, use, benefit, or
836+3 possession of his or her money, assets, or property;
837+4 or
838+5 (B) convert money, assets, or property of the
839+6 eligible adult to deprive such eligible adult of the
840+7 ownership, use, benefit, or possession of his or her
841+8 money, assets, or property.
842+9 (f-2) (f-3) "Investment advisor" means any person required
843+10 to register as an investment adviser or investment adviser
844+11 representative under Section 8 of the Illinois Securities Law
845+12 of 1953, which for purposes of this Act excludes any bank,
846+13 trust company, savings bank, or credit union, or their
847+14 respective employees.
848+15 (f-3) "Investment adviser representative" has the meaning
849+16 ascribed to that term in Section 2.12b of the Illinois
850+17 Securities Law of 1953.
851+18 (f-4) "Qualified individual" means any agent, investment
852+19 adviser representative, or person who serves in a supervisory,
853+20 compliance, or legal capacity for a broker-dealer or
854+21 investment advisor.
855+22 (f-5) "Mandated reporter" means any of the following
856+23 persons while engaged in carrying out their professional
857+24 duties:
858+25 (1) a professional or professional's delegate while
859+26 engaged in: (i) social services, (ii) law enforcement,
860+
861+
862+
863+
864+
865+ SB1551 - 23 - LRB104 07489 KTG 17532 b
866+
867+
868+SB1551- 24 -LRB104 07489 KTG 17532 b SB1551 - 24 - LRB104 07489 KTG 17532 b
869+ SB1551 - 24 - LRB104 07489 KTG 17532 b
870+1 (iii) education, (iv) the care of an eligible adult or
871+2 eligible adults, or (v) any of the occupations required to
872+3 be licensed under the Behavior Analyst Licensing Act, the
873+4 Clinical Psychologist Licensing Act, the Clinical Social
874+5 Work and Social Work Practice Act, the Illinois Dental
875+6 Practice Act, the Dietitian Nutritionist Practice Act, the
876+7 Marriage and Family Therapy Licensing Act, the Medical
877+8 Practice Act of 1987, the Naprapathic Practice Act, the
878+9 Nurse Practice Act, the Nursing Home Administrators
879+10 Licensing and Disciplinary Act, the Illinois Occupational
880+11 Therapy Practice Act, the Illinois Optometric Practice Act
881+12 of 1987, the Pharmacy Practice Act, the Illinois Physical
882+13 Therapy Act, the Physician Assistant Practice Act of 1987,
883+14 the Podiatric Medical Practice Act of 1987, the
884+15 Respiratory Care Practice Act, the Professional Counselor
885+16 and Clinical Professional Counselor Licensing and Practice
886+17 Act, the Illinois Speech-Language Pathology and Audiology
887+18 Practice Act, the Veterinary Medicine and Surgery Practice
888+19 Act of 2004, and the Illinois Public Accounting Act;
889+20 (1.5) an employee of an entity providing developmental
890+21 disabilities services or service coordination funded by
891+22 the Department of Human Services;
892+23 (2) an employee of a vocational rehabilitation
893+24 facility prescribed or supervised by the Department of
894+25 Human Services;
895+26 (3) an administrator, employee, or person providing
896+
897+
898+
899+
900+
901+ SB1551 - 24 - LRB104 07489 KTG 17532 b
902+
903+
904+SB1551- 25 -LRB104 07489 KTG 17532 b SB1551 - 25 - LRB104 07489 KTG 17532 b
905+ SB1551 - 25 - LRB104 07489 KTG 17532 b
906+1 services in or through an unlicensed community based
907+2 facility;
908+3 (4) any religious practitioner who provides treatment
909+4 by prayer or spiritual means alone in accordance with the
910+5 tenets and practices of a recognized church or religious
911+6 denomination, except as to information received in any
912+7 confession or sacred communication enjoined by the
913+8 discipline of the religious denomination to be held
914+9 confidential;
915+10 (5) field personnel of the Department of Healthcare
916+11 and Family Services, Department of Public Health, and
917+12 Department of Human Services, and any county or municipal
918+13 health department;
919+14 (6) personnel of the Department of Human Services, the
920+15 Guardianship and Advocacy Commission, the State Fire
921+16 Marshal, local fire departments, the Department on Aging
922+17 and its subsidiary Area Agencies on Aging and provider
923+18 agencies, except the State Long Term Care Ombudsman and
924+19 any of his or her representatives or volunteers where
925+20 prohibited from making such a report pursuant to 45 CFR
926+21 1324.11(e)(3)(iv);
927+22 (7) any employee of the State of Illinois not
928+23 otherwise specified herein who is involved in providing
929+24 services to eligible adults, including professionals
930+25 providing medical or rehabilitation services and all other
931+26 persons having direct contact with eligible adults;
932+
933+
934+
935+
936+
937+ SB1551 - 25 - LRB104 07489 KTG 17532 b
938+
939+
940+SB1551- 26 -LRB104 07489 KTG 17532 b SB1551 - 26 - LRB104 07489 KTG 17532 b
941+ SB1551 - 26 - LRB104 07489 KTG 17532 b
942+1 (8) a person who performs the duties of a coroner or
943+2 medical examiner;
944+3 (9) a person who performs the duties of a paramedic or
945+4 an emergency medical technician; or
946+5 (10) a person who performs the duties of an investment
947+6 advisor; .
948+7 (12) a person who performs the duties of a
949+8 broker-dealer; or
950+9 (13) a qualified individual.
951+10 (g) "Neglect" means another individual's failure to
952+11 provide an eligible adult with or willful withholding from an
953+12 eligible adult the necessities of life including, but not
954+13 limited to, food, clothing, shelter or health care. This
955+14 subsection does not create any new affirmative duty to provide
956+15 support to eligible adults. Nothing in this Act shall be
957+16 construed to mean that an eligible adult is a victim of neglect
958+17 because of health care services provided or not provided by
959+18 licensed health care professionals.
960+19 (h) "Provider agency" means any public or nonprofit agency
961+20 in a planning and service area that is selected by the
962+21 Department or appointed by the regional administrative agency
963+22 with prior approval by the Department on Aging to receive and
964+23 assess reports of alleged or suspected abuse, abandonment,
965+24 neglect, or financial exploitation. A provider agency is also
966+25 referenced as a "designated agency" in this Act.
967+26 (i) "Regional administrative agency" means any public or
968+
969+
970+
971+
972+
973+ SB1551 - 26 - LRB104 07489 KTG 17532 b
974+
975+
976+SB1551- 27 -LRB104 07489 KTG 17532 b SB1551 - 27 - LRB104 07489 KTG 17532 b
977+ SB1551 - 27 - LRB104 07489 KTG 17532 b
978+1 nonprofit agency in a planning and service area that provides
979+2 regional oversight and performs functions as set forth in
980+3 subsection (b) of Section 3 of this Act. The Department shall
981+4 designate an Area Agency on Aging as the regional
982+5 administrative agency or, in the event the Area Agency on
983+6 Aging in that planning and service area is deemed by the
984+7 Department to be unwilling or unable to provide those
985+8 functions, the Department may serve as the regional
986+9 administrative agency or designate another qualified entity to
987+10 serve as the regional administrative agency; any such
988+11 designation shall be subject to terms set forth by the
989+12 Department.
990+13 (i-5) "Self-neglect" means a condition that is the result
991+14 of an eligible adult's inability, due to physical or mental
992+15 impairments, or both, or a diminished capacity, to perform
993+16 essential self-care tasks that substantially threaten his or
994+17 her own health, including: providing essential food, clothing,
995+18 shelter, and health care; and obtaining goods and services
996+19 necessary to maintain physical health, mental health,
997+20 emotional well-being, and general safety. The term includes
998+21 compulsive hoarding, which is characterized by the acquisition
999+22 and retention of large quantities of items and materials that
1000+23 produce an extensively cluttered living space, which
1001+24 significantly impairs the performance of essential self-care
1002+25 tasks or otherwise substantially threatens life or safety.
1003+26 (j) "Substantiated case" means a reported case of alleged
1004+
1005+
1006+
1007+
1008+
1009+ SB1551 - 27 - LRB104 07489 KTG 17532 b
1010+
1011+
1012+SB1551- 28 -LRB104 07489 KTG 17532 b SB1551 - 28 - LRB104 07489 KTG 17532 b
1013+ SB1551 - 28 - LRB104 07489 KTG 17532 b
1014+1 or suspected abuse, abandonment, neglect, financial
1015+2 exploitation, or self-neglect in which a provider agency,
1016+3 after assessment, determines that there is reason to believe
1017+4 abuse, abandonment, neglect, or financial exploitation has
1018+5 occurred.
1019+6 (k) "Verified" means a determination that there is "clear
1020+7 and convincing evidence" that the specific injury or harm
1021+8 alleged was the result of abuse, abandonment, neglect, or
1022+9 financial exploitation.
1023+10 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
1024+11 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
1025+12 (320 ILCS 20/4) (from Ch. 23, par. 6604)
1026+13 Sec. 4. Reports of abuse, abandonment, or neglect.
1027+14 (a) Except as otherwise provided for broker-dealers,
1028+15 investment advisors, and qualified individuals in subsection
1029+16 (a-1), any Any person who suspects the abuse, abandonment,
1030+17 neglect, financial exploitation, or self-neglect of an
1031+18 eligible adult may report this suspicion or information about
1032+19 the suspicious death of an eligible adult to an agency
1033+20 designated to receive such reports under this Act or to the
1034+21 Department.
1035+22 (a-1) If a broker-dealer, investment advisor, or qualified
1036+23 individual reasonably believes that financial exploitation of
1037+24 an eligible adult may have occurred, may have been attempted,
1038+25 or is being attempted, the broker-dealer, investment advisor,
1039+
1040+
1041+
1042+
1043+
1044+ SB1551 - 28 - LRB104 07489 KTG 17532 b
1045+
1046+
1047+SB1551- 29 -LRB104 07489 KTG 17532 b SB1551 - 29 - LRB104 07489 KTG 17532 b
1048+ SB1551 - 29 - LRB104 07489 KTG 17532 b
1049+1 or qualified individual shall promptly notify the Department
1050+2 or the provider agency designated to receive such reports
1051+3 under this Act. The broker-dealer, investment advisor, or
1052+4 qualified individual may also notify any third party
1053+5 previously designated by the eligible adult. Disclosure may
1054+6 not be made to any designated third party who is suspected of
1055+7 financial exploitation or other abuse of the eligible adult.
1056+8 (a-5) Except as otherwise provided for broker-dealers,
1057+9 investment advisors, and qualified individuals in subsection
1058+10 (a-1), if If any mandated reporter has reason to believe that
1059+11 an eligible adult, who because of a disability or other
1060+12 condition or impairment is unable to seek assistance for
1061+13 himself or herself, has, within the previous 12 months, been
1062+14 subjected to abuse, abandonment, neglect, or financial
1063+15 exploitation, the mandated reporter shall, within 24 hours
1064+16 after developing such belief, report this suspicion to an
1065+17 agency designated to receive such reports under this Act or to
1066+18 the Department. The agency designated to receive such reports
1067+19 under this Act or the Department may establish a manner in
1068+20 which a mandated reporter can make the required report through
1069+21 an Internet reporting tool. Information sent and received
1070+22 through the Internet reporting tool is subject to the same
1071+23 rules in this Act as other types of confidential reporting
1072+24 established by the designated agency or the Department.
1073+25 Whenever a mandated reporter is required to report under this
1074+26 Act in his or her capacity as a member of the staff of a
1075+
1076+
1077+
1078+
1079+
1080+ SB1551 - 29 - LRB104 07489 KTG 17532 b
1081+
1082+
1083+SB1551- 30 -LRB104 07489 KTG 17532 b SB1551 - 30 - LRB104 07489 KTG 17532 b
1084+ SB1551 - 30 - LRB104 07489 KTG 17532 b
1085+1 medical or other public or private institution, facility, or
1086+2 agency, he or she shall make a report to an agency designated
1087+3 to receive such reports under this Act or to the Department in
1088+4 accordance with the provisions of this Act and may also notify
1089+5 the person in charge of the institution, facility, or agency
1090+6 or his or her designated agent that the report has been made.
1091+7 Under no circumstances shall any person in charge of such
1092+8 institution, facility, or agency, or his or her designated
1093+9 agent to whom the notification has been made, exercise any
1094+10 control, restraint, modification, or other change in the
1095+11 report or the forwarding of the report to an agency designated
1096+12 to receive such reports under this Act or to the Department.
1097+13 The privileged quality of communication between any
1098+14 professional person required to report and his or her patient
1099+15 or client shall not apply to situations involving abused,
1100+16 abandoned, neglected, or financially exploited eligible adults
1101+17 and shall not constitute grounds for failure to report as
1102+18 required by this Act.
1103+19 (a-6) If a mandated reporter has reason to believe that
1104+20 the death of an eligible adult may be the result of abuse or
1105+21 neglect, the matter shall be reported to an agency designated
1106+22 to receive such reports under this Act or to the Department for
1107+23 subsequent referral to the appropriate law enforcement agency
1108+24 and the coroner or medical examiner in accordance with
1109+25 subsection (c-5) of Section 3 of this Act.
1110+26 (a-7) Except as otherwise provided for broker-dealers,
1111+
1112+
1113+
1114+
1115+
1116+ SB1551 - 30 - LRB104 07489 KTG 17532 b
1117+
1118+
1119+SB1551- 31 -LRB104 07489 KTG 17532 b SB1551 - 31 - LRB104 07489 KTG 17532 b
1120+ SB1551 - 31 - LRB104 07489 KTG 17532 b
1121+1 investment advisors, and qualified individuals in subsection
1122+2 (a-8), any A person making a report under this Act in the
1123+3 belief that it is in the alleged victim's best interest shall
1124+4 be immune from criminal or civil liability or professional
1125+5 disciplinary action on account of making the report,
1126+6 notwithstanding any requirements concerning the
1127+7 confidentiality of information with respect to such eligible
1128+8 adult which might otherwise be applicable.
1129+9 (a-8) A broker-dealer, investment advisor, or qualified
1130+10 individual who in good faith and exercising reasonable care
1131+11 makes a report or disclosure to the Department, a designated
1132+12 provider agency, or a designated third-party in accordance
1133+13 with subsection (a-1) shall be immune from administrative or
1134+14 civil liability that might otherwise arise from such report or
1135+15 disclosure or for any failure to notify the eligible adult of
1136+16 the report or disclosure.
1137+17 (a-9) Law enforcement officers shall continue to report
1138+18 incidents of alleged abuse pursuant to the Illinois Domestic
1139+19 Violence Act of 1986, notwithstanding any requirements under
1140+20 this Act.
1141+21 (b) Any person, institution or agency participating in the
1142+22 making of a report, providing information or records related
1143+23 to a report, assessment, or services, or participating in the
1144+24 investigation of a report under this Act in good faith, or
1145+25 taking photographs or x-rays as a result of an authorized
1146+26 assessment, shall have immunity from any civil, criminal or
1147+
1148+
1149+
1150+
1151+
1152+ SB1551 - 31 - LRB104 07489 KTG 17532 b
1153+
1154+
1155+SB1551- 32 -LRB104 07489 KTG 17532 b SB1551 - 32 - LRB104 07489 KTG 17532 b
1156+ SB1551 - 32 - LRB104 07489 KTG 17532 b
1157+1 other liability in any civil, criminal or other proceeding
1158+2 brought in consequence of making such report or assessment or
1159+3 on account of submitting or otherwise disclosing such
1160+4 photographs or x-rays to any agency designated to receive
1161+5 reports of alleged or suspected abuse, abandonment, or
1162+6 neglect. Any person, institution or agency authorized by the
1163+7 Department to provide assessment, intervention, or
1164+8 administrative services under this Act shall, in the good
1165+9 faith performance of those services, have immunity from any
1166+10 civil, criminal or other liability in any civil, criminal, or
1167+11 other proceeding brought as a consequence of the performance
1168+12 of those services. For the purposes of any civil, criminal, or
1169+13 other proceeding, the good faith of any person required to
1170+14 report, permitted to report, or participating in an
1171+15 investigation of a report of alleged or suspected abuse,
1172+16 abandonment, neglect, financial exploitation, or self-neglect
1173+17 shall be presumed.
1174+18 (c) The identity of a person making a report of alleged or
1175+19 suspected abuse, abandonment, neglect, financial exploitation,
1176+20 or self-neglect or a report concerning information about the
1177+21 suspicious death of an eligible adult under this Act may be
1178+22 disclosed by the Department or other agency provided for in
1179+23 this Act only with such person's written consent or by court
1180+24 order, but is otherwise confidential.
1181+25 (d) The Department shall by rule establish a system for
1182+26 filing and compiling reports made under this Act.
1183+
1184+
1185+
1186+
1187+
1188+ SB1551 - 32 - LRB104 07489 KTG 17532 b
1189+
1190+
1191+SB1551- 33 -LRB104 07489 KTG 17532 b SB1551 - 33 - LRB104 07489 KTG 17532 b
1192+ SB1551 - 33 - LRB104 07489 KTG 17532 b
1193+1 (e) Any physician who willfully fails to report as
1194+2 required by this Act shall be referred to the Illinois State
1195+3 Medical Disciplinary Board for action in accordance with
1196+4 subdivision (A)(22) of Section 22 of the Medical Practice Act
1197+5 of 1987. Any dentist or dental hygienist who willfully fails
1198+6 to report as required by this Act shall be referred to the
1199+7 Department of Financial and Professional Regulation for
1200+8 possible disciplinary action. Any optometrist who willfully
1201+9 fails to report as required by this Act shall be referred to
1202+10 the Department of Financial and Professional Regulation for
1203+11 action in accordance with paragraph (15) of subsection (a) of
1204+12 Section 24 of the Illinois Optometric Practice Act of 1987.
1205+13 Any other mandated reporter required by this Act to report
1206+14 suspected abuse, abandonment, neglect, or financial
1207+15 exploitation who willfully fails to report the same is guilty
1208+16 of a Class A misdemeanor.
1209+17 (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24;
1210+18 103-626, eff. 1-1-25.)
1211+19 (320 ILCS 20/4.3 new)
1212+20 Sec. 4.3. Delaying disbursements from eligible adult's
1213+21 financial accounts.
1214+22 (a) Delaying disbursements.
1215+23 (1) In cases of suspected financial exploitation, a
1216+24 broker-dealer or investment advisor may delay a
1217+25 disbursement from an account of an eligible adult or an
1218+
1219+
1220+
1221+
1222+
1223+ SB1551 - 33 - LRB104 07489 KTG 17532 b
1224+
1225+
1226+SB1551- 34 -LRB104 07489 KTG 17532 b SB1551 - 34 - LRB104 07489 KTG 17532 b
1227+ SB1551 - 34 - LRB104 07489 KTG 17532 b
1228+1 account on which an eligible adult is a beneficiary if:
1229+2 (A) the broker-dealer or investment advisor or a
1230+3 qualified individual reasonably believes, after
1231+4 initiating an internal review of the requested
1232+5 disbursement and the suspected financial exploitation,
1233+6 that the requested disbursement may result in
1234+7 financial exploitation of an eligible adult; and
1235+8 (B) the broker-dealer or investment advisor:
1236+9 (i) immediately, but in no event more than 2
1237+10 business days after the requested disbursement,
1238+11 provides written notification of the delay and the
1239+12 reason for the delay to all parties authorized to
1240+13 transact business on the account, unless any such
1241+14 party is reasonably believed to have engaged in
1242+15 suspected or attempted financial exploitation of
1243+16 the eligible adult;
1244+17 (ii) immediately, but in no event more than 2
1245+18 business days after the requested disbursement,
1246+19 notifies the Department; and
1247+20 (iii) continues its internal review of the
1248+21 suspected or attempted financial exploitation of
1249+22 the eligible adult, as necessary, and reports the
1250+23 investigation's results to the Department within 7
1251+24 business days after the requested disbursement.
1252+25 (2) Any delay of a disbursement as authorized by this
1253+26 subsection shall expire upon the sooner of:
1254+
1255+
1256+
1257+
1258+
1259+ SB1551 - 34 - LRB104 07489 KTG 17532 b
1260+
1261+
1262+SB1551- 35 -LRB104 07489 KTG 17532 b SB1551 - 35 - LRB104 07489 KTG 17532 b
1263+ SB1551 - 35 - LRB104 07489 KTG 17532 b
1264+1 (A) a determination by the broker-dealer or
1265+2 investment advisor that the disbursement will not
1266+3 result in financial exploitation of the eligible
1267+4 adult; or
1268+5 (B) 15 business days after the date on which the
1269+6 broker-dealer or investment advisor first delayed
1270+7 disbursement of the funds, unless the Department
1271+8 requests that the broker-dealer or investment advisor
1272+9 extend the delay, in which case the delay shall expire
1273+10 no more than 25 business days after the date on which
1274+11 the broker-dealer or investment advisor first delayed
1275+12 disbursement of the funds unless sooner terminated by
1276+13 the Department or an order of a court of competent
1277+14 jurisdiction.
1278+15 (3) A court of competent jurisdiction may enter an
1279+16 order extending the delay of the disbursement of funds or
1280+17 may order other protective relief based on the petition of
1281+18 the Department, the broker-dealer, or the investment
1282+19 adviser that initiated the delay under this subsection, or
1283+20 other interested party.
1284+21 (b) Immunity for delaying disbursements. A broker-dealer,
1285+22 investment advisor, or qualified individual who, in good faith
1286+23 and exercising reasonable care, complies with subsection (a)
1287+24 shall be immune from any administrative or civil liability
1288+25 that might otherwise arise from such delay in a disbursement.
1289+26 (c) Records. A broker-dealer, investment advisor, or
1290+
1291+
1292+
1293+
1294+
1295+ SB1551 - 35 - LRB104 07489 KTG 17532 b
1296+
1297+
1298+SB1551- 36 -LRB104 07489 KTG 17532 b SB1551 - 36 - LRB104 07489 KTG 17532 b
1299+ SB1551 - 36 - LRB104 07489 KTG 17532 b
1300+1 qualified individual shall provide access to or copies of
1301+2 records that are relevant to the suspected or attempted
1302+3 financial exploitation of an eligible adult to a
1303+4 representative of the Department or a designated provider
1304+5 agency and to law enforcement, either as part of a referral to
1305+6 the Department, the provider agency, or law enforcement, or
1306+7 upon request of the Department, the provider agency, or law
1307+8 enforcement pursuant to an investigation. The records may
1308+9 include historical records as well as records relating to the
1309+10 most recent transaction or transactions that may comprise
1310+11 financial exploitation of an eligible adult. All records made
1311+12 available to the Department or a designated provider agency in
1312+13 accordance with this subsection are confidential and not
1313+14 subject to disclosure under the Freedom of Information Act.
1314+15 Nothing in this subsection shall limit or otherwise impede the
1315+16 authority of the Department or a designated provider agency to
1316+17 access or examine the books and records of broker-dealers,
1317+18 investment advisors, or qualified individuals as otherwise
1318+19 provided in Section 13 of this Act or other applicable law.
1319+20 (320 ILCS 20/13)
1320+21 Sec. 13. Access.
1321+22 (a) In accord with established law and Department
1322+23 protocols, procedures, and policies, the designated provider
1323+24 agencies shall have access to eligible adults who have been
1324+25 reported or found to be victims of abuse, abandonment,
1325+
1326+
1327+
1328+
1329+
1330+ SB1551 - 36 - LRB104 07489 KTG 17532 b
1331+
1332+
1333+SB1551- 37 -LRB104 07489 KTG 17532 b SB1551 - 37 - LRB104 07489 KTG 17532 b
1334+ SB1551 - 37 - LRB104 07489 KTG 17532 b
1335+1 neglect, financial exploitation, or self-neglect in order to
1336+2 assess the validity of the report, assess other needs of the
1337+3 eligible adult, and provide services in accordance with this
1338+4 Act.
1339+5 (a-5) A representative of the Department or a designated
1340+6 provider agency that is actively involved in an abuse,
1341+7 abandonment, neglect, financial exploitation, or self-neglect
1342+8 investigation under this Act shall be allowed access to the
1343+9 financial records, including those records described in
1344+10 subsection (c) of Section 4.3, mental and physical health
1345+11 records, and other relevant evaluative records of the eligible
1346+12 adult which are in the possession of any individual, financial
1347+13 institution, broker-dealer, investment advisor, qualified
1348+14 individual, health care provider, mental health provider,
1349+15 educational facility, or other facility if necessary to
1350+16 complete the investigation mandated by this Act. The
1351+17 individual, provider, or facility shall provide such records
1352+18 to the representative upon receipt of a written request and
1353+19 certification from the Department or designated provider
1354+20 agency that an investigation is being conducted under this Act
1355+21 and the records are pertinent to the investigation.
1356+22 Any records received by such representative, the
1357+23 confidentiality of which is protected by another law or rule,
1358+24 shall be maintained as confidential, except for such use as
1359+25 may be necessary for any administrative or other legal
1360+26 proceeding.
1361+
1362+
1363+
1364+
1365+
1366+ SB1551 - 37 - LRB104 07489 KTG 17532 b
1367+
1368+
1369+SB1551- 38 -LRB104 07489 KTG 17532 b SB1551 - 38 - LRB104 07489 KTG 17532 b
1370+ SB1551 - 38 - LRB104 07489 KTG 17532 b
1371+1 (b) Where access to an eligible adult is denied, including
1372+2 the refusal to provide requested records, the Office of the
1373+3 Attorney General, the Department, or the provider agency may
1374+4 petition the court for an order to require appropriate access
1375+5 where:
1376+6 (1) a caregiver or third party has interfered with the
1377+7 assessment or service plan, or
1378+8 (2) the agency has reason to believe that the eligible
1379+9 adult is denying access because of coercion, extortion, or
1380+10 justifiable fear of future abuse, abandonment, neglect, or
1381+11 financial exploitation.
1382+12 (c) The petition for an order requiring appropriate access
1383+13 shall be afforded an expedited hearing in the circuit court.
1384+14 (d) If the provider agency has substantiated financial
1385+15 exploitation against an eligible adult, and has documented a
1386+16 reasonable belief that the eligible adult will be irreparably
1387+17 harmed as a result of the financial exploitation, the Office
1388+18 of the Attorney General, the Department, or the provider
1389+19 agency may petition for an order freezing the assets of the
1390+20 eligible adult. The petition shall be filed in the county or
1391+21 counties in which the assets are located. The court's order
1392+22 shall prohibit the sale, gifting, transfer, or wasting of the
1393+23 assets of the eligible adult, both real and personal, owned
1394+24 by, or vested in, the eligible adult, without the express
1395+25 permission of the court. The petition to freeze the assets of
1396+26 the eligible adult shall be afforded an expedited hearing in
1397+
1398+
1399+
1400+
1401+
1402+ SB1551 - 38 - LRB104 07489 KTG 17532 b
1403+
1404+
1405+SB1551- 39 -LRB104 07489 KTG 17532 b SB1551 - 39 - LRB104 07489 KTG 17532 b
1406+ SB1551 - 39 - LRB104 07489 KTG 17532 b
1407+
1408+
1409+
1410+
1411+
1412+ SB1551 - 39 - LRB104 07489 KTG 17532 b