98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2749
 
Introduced 2/21/2013, by Rep. Mike Smiddy
 
SYNOPSIS AS INTRODUCED:






720 ILCS 5/17-56 was 720 ILCS 5/16-1.3

 Amends the Criminal Code of 2012. Includes in the offense of financial exploitation of an elderly
person or a person with a disability knowingly by undue influence, force, or threat of force obtaining control over the property of an elderly person or
a person
with a disability
or illegally using the assets or resources of an elderly person or a
person with a disability. Adds a definition of "undue influence". Expands the definition of "intimidation" to include a threat of physical or emotional harm to an elderly person or a
person with a disability.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB2749LRB098 08176 RLC 38272 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 17-56 as follows:




6 (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)



7 Sec. 17-56. Financial exploitation of an elderly person or 
8a
person with a disability.

9 (a) A person commits financial exploitation of an elderly

10person or a person with a disability when he or she stands in a

11position of trust
or confidence with the
elderly person or a 
12person with a disability
and he
or she knowingly and by

13deception, or
intimidation, undue influence, force, or threat 
14of force obtains control over the property of an elderly person 
15or
a person
with a disability
or illegally uses the assets or 
16resources of an elderly person or a
person with a disability.

17 (b) Sentence. Financial exploitation of an elderly person 
18or a person
with a
disability is: (1) a Class 4
felony if the 
19value of the property is $300 or less, (2) a Class 3 felony if

20the value of the property is more than $300 but less than 
21$5,000, (3) a Class 2
felony if the value of the property is 
22$5,000 or more but less than
$50,000, and (4) a Class 1 felony 
23if the value of the property is $50,000 or more
or if the 
 
 
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1elderly person is over 70 years of age and the value of the

2property is $15,000 or more or if the elderly person is 80 
3years of age or
older and the value of the property is $5,000 
4or more.

5 (c) For purposes of this Section:


6  (1) "Elderly person" means a person 60
years of age or 
7 older.


8  (2) "Person with a disability" means a person who

9 suffers from a physical or mental impairment resulting from

10 disease, injury, functional disorder or congenital 
11 condition that impairs the
individual's mental or physical 
12 ability to independently manage his or her
property or 
13 financial resources, or both.


14  (3) "Intimidation" means a threat of physical or 
15 emotional harm to an elderly person or a
person with a 
16 disability, or the communication to an elderly person or a

17 person with a disability that he or she shall be deprived 
18 of food and
nutrition,
shelter, prescribed
medication or 
19 medical care and treatment or conduct as provided in 
20 Section 12-6 of this Code.


21  (4) "Deception" means, in addition to its meaning as 
22 defined in Section
15-4 of this Code,
a misrepresentation 
23 or concealment of material fact
relating to the terms of a 
24 contract or agreement entered into with the
elderly person 
25 or person with a disability or to the
existing or

26 pre-existing condition of
any of the property involved in 
 
 
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1 such contract or agreement; or the use or
employment of any 
2 misrepresentation, false pretense or false promise in

3 order to induce, encourage or solicit the elderly person or

4 person with
a disability to
enter into a contract or 
5 agreement.

6  (5) "Undue influence" means domination, coercion, 
7 manipulation, or any other act exercised by another person 
8 to the extent that an elderly person or a
person with a 
9 disability is prevented from exercising free judgment and 
10 choice. 
11 The illegal use of the assets or resources of an
elderly 
12person or a person with a disability includes, but is not 
13limited
to, the misappropriation of those assets or resources 
14by undue influence,
breach of a fiduciary relationship, fraud, 
15deception, extortion, or
use of the assets or resources 
16contrary to law.
17 A person stands in a position of
trust and confidence with 
18an elderly person or person with a
disability when he (i) is a

19parent, spouse, adult child or other relative by blood or 
20marriage of the
elderly person or person with a disability, 
21(ii) is a joint
tenant or
tenant in common with
the elderly 
22person or person with a disability, (iii) has
a legal or

23fiduciary relationship
with the elderly person or person with a 
24disability, (iv) is a financial
planning or investment 
25professional, or (v) is a paid or unpaid caregiver for the 
26elderly person or person with a disability.

 
 
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1 (d) Limitations. Nothing in this Section shall be construed 
2to limit the remedies
available to the victim under the 
3Illinois Domestic Violence Act of 1986.

4 (e) Good faith efforts. Nothing in this Section shall be 
5construed to impose criminal
liability on a person who has made 
6a good faith effort to assist the
elderly person or person with 
7a disability in the
management of his or her
property, but 
8through
no fault of his or her own has been unable to provide 
9such assistance.

10 (f) Not a defense. It shall not be a defense to financial 
11exploitation of an elderly
person or person with a disability 
12that the accused reasonably believed
that the victim was
not an 
13elderly person or person with a disability.

14 (g) Civil Liability. A person who is charged by information 
15or
indictment with the offense of financial exploitation of an 
16elderly person
or person with a disability and who fails or 
17refuses to return
the victim's property
within 60 days 
18following a written demand from the victim or the victim's

19legal representative shall be liable to the victim or to the 
20estate of the
victim in damages of treble the amount of the 
21value of the property
obtained, plus reasonable attorney fees 
22and court costs. The burden of
proof that the defendant 
23unlawfully obtained the victim's property shall be
by a 
24preponderance of the evidence. This subsection shall be 
25operative
whether or not the defendant has been convicted of 
26the offense.

 
 
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1 (h) If a person is charged with financial exploitation of 
2an elderly person or a person with a disability that involves 
3the taking or loss of property valued at more than $5,000, a 
4prosecuting attorney may file a petition with the circuit court 
5of the county in which the defendant has been charged to freeze 
6the assets of the defendant in an amount equal to but not 
7greater than the alleged value of lost or stolen property in 
8the defendant's pending criminal proceeding for purposes of 
9restitution to the victim. The burden of proof required to 
10freeze the defendant's assets shall be by a preponderance of 
11the evidence. 
12(Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12; 
1397-865, eff. 1-1-13.)