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| Public Act 103-0293
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| HB2100 Enrolled | LRB103 25103 RLC 51438 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by |
changing Sections 12-4.4a and 17-56 as follows:
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(720 ILCS 5/12-4.4a)
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Sec. 12-4.4a. Abuse or criminal neglect of a long term |
care facility resident; criminal abuse or neglect of an |
elderly person or person with a disability. |
(a) Abuse or criminal neglect of a long term care facility |
resident. |
(1) A person or an owner or licensee commits abuse of a |
long term care facility resident when he or she knowingly |
causes any physical or mental injury to, or commits any |
sexual offense in this Code against, a resident. |
(2) A person or an owner or licensee commits criminal |
neglect of a long term care facility resident when he or |
she recklessly: |
(A) performs acts that cause a resident's life to |
be endangered, health to be injured, or pre-existing |
physical or mental condition to deteriorate, or that |
create the substantial likelihood
that a resident's an |
elderly person's or person with a disability's life
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will be endangered, health will be injured, or |
pre-existing
physical or mental condition will |
deteriorate; |
(B) fails to perform acts that he or she knows or |
reasonably should know are necessary to maintain or |
preserve the life or health of a resident, and that |
failure causes the resident's life to be endangered, |
health to be injured, or pre-existing physical or |
mental condition to deteriorate, or that create the |
substantial likelihood
that a resident's an elderly |
person's or person with a disability's life
will be |
endangered, health will be injured, or pre-existing
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physical or mental condition will deteriorate; or |
(C) abandons a resident. |
(3) A person or an owner or licensee commits neglect |
of a long term care facility resident when he or she |
negligently fails to provide adequate medical care, |
personal care, or maintenance to the resident which |
results in physical or mental injury or deterioration of |
the resident's physical or mental condition. An owner or |
licensee is guilty under this subdivision (a)(3), however, |
only if the owner or licensee failed to exercise |
reasonable care in the hiring, training, supervising, or |
providing of staff or other related routine administrative |
responsibilities. |
(b) Criminal abuse or neglect of an elderly person or |
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person with a disability. |
(1) A caregiver commits criminal abuse or neglect of |
an elderly person or person with a disability when he or |
she knowingly does any of the following: |
(A) performs acts that cause the person's life to |
be endangered, health to be injured, or pre-existing |
physical or mental condition to deteriorate; |
(B) fails to perform acts that he or she knows or |
reasonably should know are necessary to maintain or |
preserve the life or health of the person, and that |
failure causes the person's life to be endangered, |
health to be injured, or pre-existing physical or |
mental condition to deteriorate; |
(C) abandons the person; |
(D) physically abuses, harasses, intimidates, or |
interferes with the personal liberty of the person; or |
(E) exposes the person to willful deprivation. |
(2) It is not a defense to criminal abuse or neglect of |
an elderly person or person with a disability that the |
caregiver reasonably believed that the victim was not an |
elderly person or person with a disability. |
(c) Offense not applicable. |
(1) Nothing in this Section applies to a physician |
licensed to practice medicine in all its branches or a |
duly licensed nurse providing care within the scope of his |
or her professional judgment and within the accepted |
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standards of care within the community. |
(2) Nothing in this Section imposes criminal liability |
on a caregiver who made a good faith effort to provide for |
the health and personal care of an elderly person or |
person with a disability, but through no fault of his or |
her own was unable to provide such care. |
(3) Nothing in this Section applies to the medical |
supervision, regulation, or control of the remedial care |
or treatment of residents in a long term care facility |
conducted for those who rely upon treatment by prayer or |
spiritual means in accordance with the creed or tenets of |
any well-recognized church or religious denomination as |
described in Section 3-803 of the Nursing Home Care Act, |
Section 1-102 of the Specialized Mental Health |
Rehabilitation Act of 2013, Section 3-803 of the ID/DD |
Community Care Act, or Section 3-803 of the MC/DD Act. |
(4) Nothing in this Section prohibits a caregiver from |
providing treatment to an elderly person or person with a |
disability by spiritual means through prayer alone and |
care consistent therewith in lieu of medical care and |
treatment in accordance with the tenets and practices of |
any church or religious denomination of which the elderly |
person or person with a disability is a member. |
(5) Nothing in this Section limits the remedies |
available to the victim under the Illinois Domestic |
Violence Act of 1986. |
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(d) Sentence. |
(1) Long term care facility. Abuse of a long term care |
facility resident is a Class 3 felony. Criminal neglect of |
a long term care facility resident is a Class 4 felony, |
unless it results in the resident's death in which case it |
is a Class 3 felony. Neglect of a long term care facility |
resident is a petty offense. |
(2) Caregiver. Criminal abuse or neglect of an elderly |
person or person with a disability is a Class 3 felony, |
unless it results in the person's death in which case it is |
a Class 2 felony, and if imprisonment is imposed it shall |
be for a minimum term of 3 years and a maximum term of 14 |
years. |
(e) Definitions. For the purposes of this Section: |
"Abandon" means to desert or knowingly forsake a resident |
or an
elderly person or person with a disability under
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circumstances in which a reasonable person
would continue to |
provide care and custody. |
"Caregiver" means a person who has a duty to provide for an |
elderly person or person with a
disability's health and |
personal care, at the elderly person or person with a |
disability's place of residence, including, but not limited |
to, food and nutrition, shelter, hygiene, prescribed |
medication, and medical care and treatment, and
includes any |
of the following: |
(1) A parent, spouse, adult child, or other relative |
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by blood or marriage
who resides with or resides in the |
same building with or regularly
visits
the elderly person |
or person with a disability, knows
or reasonably should |
know of such person's physical or mental impairment,
and |
knows or reasonably should know that such person is unable |
to
adequately provide for his or her own health and |
personal care. |
(2) A person who is employed by the elderly person or
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person with a disability or by
another to reside with or |
regularly visit the elderly person or person with a |
disability
and provide for such person's health and |
personal care. |
(3) A person who has agreed for consideration to |
reside with or
regularly visit the elderly person or |
person with a
disability and provide for such
person's |
health and personal care. |
(4) A person who has been appointed by a private or |
public agency or by
a court of competent jurisdiction to |
provide for the elderly person or
person with a |
disability's health and personal care. |
"Caregiver" does not include a long-term care facility |
licensed or
certified under the Nursing Home Care Act or a |
facility licensed or certified under the ID/DD Community Care |
Act, the MC/DD Act, or the Specialized Mental Health |
Rehabilitation Act of 2013, or any administrative, medical, or
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other personnel of such a facility, or a health care provider |
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who is licensed
under the Medical Practice Act of 1987 and |
renders care in the ordinary
course of his or her profession. |
"Elderly person" means a person 60
years of age or older |
who is incapable of
adequately providing for his or her own |
health and personal care. |
"Licensee" means the individual or entity licensed to |
operate a
facility under the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, the |
ID/DD Community Care Act, the MC/DD Act, or the Assisted |
Living and Shared
Housing Act. |
"Long term care facility" means a private home,
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institution, building, residence, or other place, whether |
operated for
profit or not, or a county home for the infirm and |
chronically ill operated
pursuant to Division 5-21 or 5-22 of |
the Counties Code, or any similar
institution operated by
the |
State of Illinois or a political subdivision thereof, which |
provides,
through its ownership or management, personal care, |
sheltered care, or
nursing for 3 or more persons not related to |
the owner by blood or
marriage. The term also includes skilled |
nursing facilities and
intermediate care facilities as defined |
in Titles XVIII and XIX of the
federal Social Security Act and |
assisted living establishments and shared
housing |
establishments licensed under the Assisted Living and Shared |
Housing
Act. |
"Owner" means the owner of a long term care facility as
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provided in the Nursing Home Care Act, the owner of a facility |
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as provided under the Specialized Mental Health Rehabilitation |
Act of 2013, the owner of a facility as provided in the ID/DD |
Community Care Act, the owner of a facility as provided in the |
MC/DD Act, or the owner of an assisted living or shared
housing |
establishment as provided in the Assisted Living and Shared |
Housing Act. |
"Person with a disability" means a person who
suffers from |
a permanent physical or mental impairment, resulting from
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disease, injury, functional disorder, or congenital condition, |
which renders
the person incapable of adequately providing for |
his or her own health and personal
care. |
"Resident" means a person residing in a long term care |
facility. |
"Willful deprivation" has the meaning ascribed to it in |
paragraph
(15) of Section 103 of the Illinois Domestic |
Violence Act of 1986.
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(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; |
99-642, eff. 7-28-16.)
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(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
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Sec. 17-56. Financial exploitation of an elderly person or |
a
person with a disability.
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(a) A person commits financial exploitation of an elderly
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person or a person with a disability when he or she stands in a
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position of trust
or confidence with the
elderly person or a |
person with a disability
and he
or she knowingly: |
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(1) by
deception or
intimidation obtains control over |
the property of an elderly person or
a person
with a |
disability;
or |
(2) illegally uses the assets or resources of an |
elderly person or a
person with a disability.
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(b) Sentence. Financial exploitation of an elderly person |
or a person
with a
disability is: (1) a Class 4
felony if the |
value of the property is $300 or less, (2) a Class 3 felony if
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the value of the property is more than $300 but less than |
$5,000, (3) a Class 2
felony if the value of the property is |
$5,000 or more but less than
$50,000, and (4) a Class 1 felony |
if the value of the property is $50,000 or more
or if the |
elderly person is over 70 years of age or older and the value |
of the
property is $15,000 or more or if the elderly person is |
80 years of age or
older and the value of the property is |
$5,000 or more.
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(c) For purposes of this Section:
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(1) "Elderly person" means a person 60
years of age or |
older.
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(2) "Person with a disability" means a person who
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suffers from a physical or mental impairment resulting |
from
disease, injury, functional disorder or congenital |
condition that impairs the
individual's mental or physical |
ability to independently manage his or her
property or |
financial resources, or both.
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(3) "Intimidation" means the communication to an |
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elderly person or a
person with a disability that he or she |
shall be deprived of food and
nutrition,
shelter, |
prescribed
medication or medical care and treatment or |
conduct as provided in Section 12-6 of this Code.
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(4) "Deception" means, in addition to its meaning as |
defined in Section
15-4 of this Code,
a misrepresentation |
or concealment of material fact
relating to the terms of a |
contract or agreement entered into with the
elderly person |
or person with a disability or to the
existing or
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pre-existing condition of
any of the property involved in |
such contract or agreement; or the use or
employment of |
any misrepresentation, false pretense or false promise in
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order to induce, encourage or solicit the elderly person |
or
person with
a disability to
enter into a contract or |
agreement.
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The illegal use of the assets or resources of an
elderly |
person or a person with a disability includes, but is not |
limited
to, the misappropriation of those assets or resources |
by undue influence,
breach of a fiduciary relationship, fraud, |
deception, extortion, or
use of the assets or resources |
contrary to law. |
A person stands in a position of
trust and confidence with |
an elderly person or person with a
disability when he (i) is a
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parent, spouse, adult child or other relative by blood or |
marriage of the
elderly person or person with a disability, |
(ii) is a joint
tenant or
tenant in common with
the elderly |
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person or person with a disability, (iii) has
a legal or
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fiduciary relationship
with the elderly person or person with |
a disability, (iv) is a financial
planning or investment |
professional, (v) is a paid or unpaid caregiver for the |
elderly person or person with a disability, or (vi) is a friend |
or acquaintance in a position of trust.
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(d) Limitations. Nothing in this Section shall be |
construed to limit the remedies
available to the victim under |
the Illinois Domestic Violence Act of 1986.
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(e) Good faith efforts. Nothing in this Section shall be |
construed to impose criminal
liability on a person who has |
made a good faith effort to assist the
elderly person or person |
with a disability in the
management of his or her
property, but |
through
no fault of his or her own has been unable to provide |
such assistance.
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(f) Not a defense. It shall not be a defense to financial |
exploitation of an elderly
person or person with a disability |
that the accused reasonably believed
that the victim was
not |
an elderly person or person with a disability. Consent is not a |
defense to financial exploitation of an elderly person or a |
person with a disability if the accused knew or had reason to |
know that the elderly person or a person with a disability |
lacked capacity to consent.
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(g) Civil Liability. A civil cause of action exists for |
financial exploitation of an elderly person or a
person with a |
disability as described in subsection (a) of this Section. A |
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person against whom a civil judgment has been entered for |
financial exploitation of an elderly person
or person with a |
disability shall be liable to the victim or to the estate of |
the
victim in damages of treble the amount of the value of the |
property
obtained, plus reasonable attorney fees and court |
costs. In a civil action under this subsection, the burden of
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proof that the defendant committed financial exploitation of |
an elderly person or a
person with a disability as described in |
subsection (a) of this Section shall be
by a preponderance of |
the evidence. This subsection shall be operative
whether or |
not the defendant has been charged or convicted of the |
criminal offense as described in subsection (a) of this |
Section. This subsection (g) shall not limit or affect the |
right of any person to bring any cause of action or seek any |
remedy available under the common law, or other applicable |
law, arising out of the financial exploitation of an elderly |
person or a person with a disability.
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(h) If a person is charged with financial exploitation of |
an elderly person or a person with a disability that involves |
the taking or loss of property valued at more than $5,000, a |
prosecuting attorney may file a petition with the circuit |
court of the county in which the defendant has been charged to |
freeze the assets of the defendant in an amount equal to but |
not greater than the alleged value of lost or stolen property |
in the defendant's pending criminal proceeding for purposes of |
restitution to the victim. The burden of proof required to |
