Bill Text: IL HB2898 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 2012. In the statute creating the offense of criminal street gang recruitment on school grounds, defines "school grounds" to mean the property, including buildings and grounds, of a public or private elementary, secondary, or post-secondary school, or a public or private 2-year or 4-year institution of higher education; public property or property open to public use within 1,000 feet of school property; a school bus; a designated school bus stop; and public property or property open to public use which is within 1,000 feet of the school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity. Expands the offense to include the commission of the crime in a public park. Defines "public park".

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2898 Detail]

Download: Illinois-2013-HB2898-Amended.html

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Sen. Andy Manar

Filed: 5/22/2014

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AMENDMENT TO HOUSE BILL 2898
AMENDMENT NO. ______. Amend House Bill 2898, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 17-56 as follows:
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
Sec. 17-56. Financial exploitation of an elderly person or
a person with a disability.
(a) A person commits financial exploitation of an elderly
person or a person with a disability when he or she stands in a
position of trust or confidence with the elderly person or a
person with a disability and he or she:
(1) knowingly and by deception or intimidation obtains
control over the property of an elderly person or a person
with a disability, or illegally uses the assets or

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resources of an elderly person or a person with a
disability; or
(2) knowingly obtains control over the property of an
elderly person or a person with a disability when he or she
knows or reasonably should know that the elderly person or
person with a disability lacks the capacity to consent.
(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
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 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.
(c) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age or
older.
(2) "Person with a disability" means a person who
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
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.
(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
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
order to induce, encourage or solicit the elderly person or
person with a disability to enter into a contract or
agreement.
(5) "Lacks the capacity to consent" means an impairment
by reason of mental illness, developmental disability,
intellectual disability, organic brain disorder, physical
illness or disability, chronic use of drugs, chronic
intoxication, short-term memory loss, or other cause, that
causes an elderly person or disabled adult to lack
sufficient understanding or capacity to make or
communicate reasonable decisions concerning the elderly
person's or disabled adult's person or property.
(6) The illegal use of the assets or resources of an

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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
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
person or person with a disability, (iii) has a legal or
fiduciary relationship with the elderly person or person with a
disability, (iv) is a financial planning or investment
professional, or (v) is a paid or unpaid caregiver for the
elderly person or person with a disability.
(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.
(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.
(f) Not a defense. It shall not be a defense to financial
exploitation of an elderly person or person with a disability

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that the accused reasonably believed that the victim was not an
elderly person or person with a disability.
(g) Civil Liability. A person who is charged by information
or indictment with the offense of financial exploitation of an
elderly person or person with a disability and who fails or
refuses to return the victim's property within 60 days
following a written demand from the victim or the victim's
legal representative 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. The burden of proof that the defendant
unlawfully obtained the victim's property shall be by a
preponderance of the evidence. This subsection shall be
operative whether or not the defendant has been convicted of
the offense.
(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
freeze the defendant's assets shall be by a preponderance of
the evidence.

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(Source: P.A. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12;
97-865, eff. 1-1-13.)".