Bill Text: IL SB1551 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - Referred to Assignments [SB1551 Detail]

Download: Illinois-2025-SB1551-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1551 Introduced 2/4/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR
SB1551 LRB104 07489 KTG 17532 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and

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specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative

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enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law

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enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those

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materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited

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to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,

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privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage

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to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or

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university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative

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proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those

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negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management
information, records, data, advice, or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,

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codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities

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Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park

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districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of

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Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological

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Resources Protection Act or the Human Remains Protection
Act.
(qq) Reports described in subsection (e) of Section
16-15 of the Abortion Care Clinical Training Program Act.
(rr) Information obtained by a certified local health
department under the Access to Public Health Data Act.
(ss) For a request directed to a public body that is
also a HIPAA-covered entity, all information that is
protected health information, including demographic
information, that may be contained within or extracted
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(tt) Proposals or bids submitted by engineering
consultants in response to requests for proposal or other
competitive bidding requests by the Department of
Transportation or the Illinois Toll Highway Authority.
(uu) Records described in subsection (c) of Section
4.3 of the Adult Protective Services Act.
(1.5) Any information exempt from disclosure under the

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Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
eff. 7-1-24; 103-865, eff. 1-1-25.)
Section 10. The Adult Protective Services Act is amended
by changing Sections 2, 4, and 13 and by adding Section 4.3 as
follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)

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Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment or subjecting an
eligible adult to an environment which creates a likelihood of
harm to the eligible adult's health, physical and emotional
well-being, or welfare.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.

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Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,
internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,
caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Agent" has the meaning ascribed to that term in
Section 2-3 of the Illinois Power of Attorney Act.
(a-8) "Broker-dealer" means any person engaged in the
business of effecting transactions in securities in this State
for the account of others or for that person's own account and
who is registered with the United States Securities and
Exchange Commission.
(a-9) (a-7) "Caregiver" means a person who either as a
result of a family relationship, voluntarily, or in exchange
for compensation has assumed responsibility for all or a
portion of the care of an eligible adult who needs assistance

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with activities of daily living or instrumental activities of
daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;

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(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through

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(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or for the profit or advantage of a person other
than that adult."Financial exploitation" includes:
(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, through deception,
intimidation, or undue influence, over the eligible

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adult's money, assets, or property to deprive the
eligible adult of the ownership, use, benefit, or
possession of his or her 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.
(f-2) (f-3) "Investment advisor" means any person required
to register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,
trust company, savings bank, or credit union, or their
respective employees.
(f-3) "Investment adviser representative" has the meaning
ascribed to that term in Section 2.12b of the Illinois
Securities Law of 1953.
(f-4) "Qualified individual" means any agent, investment
adviser representative, or person who serves in a supervisory,
compliance, or legal capacity for a broker-dealer or
investment advisor.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,

SB1551 - 24 - LRB104 07489 KTG 17532 b
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing

SB1551 - 25 - LRB104 07489 KTG 17532 b
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, except the State Long Term Care Ombudsman and
any of his or her representatives or volunteers where
prohibited from making such a report pursuant to 45 CFR
1324.11(e)(3)(iv);
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;

SB1551 - 26 - LRB104 07489 KTG 17532 b
(8) a person who performs the duties of a coroner or
medical examiner;
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or
(10) a person who performs the duties of an investment
advisor; .
(12) a person who performs the duties of a
broker-dealer; or
(13) a qualified individual.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or

SB1551 - 27 - LRB104 07489 KTG 17532 b
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged

SB1551 - 28 - LRB104 07489 KTG 17532 b
or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse, abandonment, or neglect.
(a) Except as otherwise provided for broker-dealers,
investment advisors, and qualified individuals in subsection
(a-1), any Any person who suspects the abuse, abandonment,
neglect, financial exploitation, or self-neglect of an
eligible adult may report this suspicion or information about
the suspicious death of an eligible adult to an agency
designated to receive such reports under this Act or to the
Department.
(a-1) If a broker-dealer, investment advisor, or qualified
individual reasonably believes that financial exploitation of
an eligible adult may have occurred, may have been attempted,
or is being attempted, the broker-dealer, investment advisor,

SB1551 - 29 - LRB104 07489 KTG 17532 b
or qualified individual shall promptly notify the Department
or the provider agency designated to receive such reports
under this Act. The broker-dealer, investment advisor, or
qualified individual may also notify any third party
previously designated by the eligible adult. Disclosure may
not be made to any designated third party who is suspected of
financial exploitation or other abuse of the eligible adult.
(a-5) Except as otherwise provided for broker-dealers,
investment advisors, and qualified individuals in subsection
(a-1), if If any mandated reporter has reason to believe that
an eligible adult, who because of a disability or other
condition or impairment is unable to seek assistance for
himself or herself, has, within the previous 12 months, been
subjected to abuse, abandonment, neglect, or financial
exploitation, the mandated reporter shall, within 24 hours
after developing such belief, report this suspicion to an
agency designated to receive such reports under this Act or to
the Department. The agency designated to receive such reports
under this Act or the Department may establish a manner in
which a mandated reporter can make the required report through
an Internet reporting tool. Information sent and received
through the Internet reporting tool is subject to the same
rules in this Act as other types of confidential reporting
established by the designated agency or the Department.
Whenever a mandated reporter is required to report under this
Act in his or her capacity as a member of the staff of a

SB1551 - 30 - LRB104 07489 KTG 17532 b
medical or other public or private institution, facility, or
agency, he or she shall make a report to an agency designated
to receive such reports under this Act or to the Department in
accordance with the provisions of this Act and may also notify
the person in charge of the institution, facility, or agency
or his or her designated agent that the report has been made.
Under no circumstances shall any person in charge of such
institution, facility, or agency, or his or her designated
agent to whom the notification has been made, exercise any
control, restraint, modification, or other change in the
report or the forwarding of the report to an agency designated
to receive such reports under this Act or to the Department.
The privileged quality of communication between any
professional person required to report and his or her patient
or client shall not apply to situations involving abused,
abandoned, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
(a-6) If a mandated reporter has reason to believe that
the death of an eligible adult may be the result of abuse or
neglect, the matter shall be reported to an agency designated
to receive such reports under this Act or to the Department for
subsequent referral to the appropriate law enforcement agency
and the coroner or medical examiner in accordance with
subsection (c-5) of Section 3 of this Act.
(a-7) Except as otherwise provided for broker-dealers,

SB1551 - 31 - LRB104 07489 KTG 17532 b
investment advisors, and qualified individuals in subsection
(a-8), any A person making a report under this Act in the
belief that it is in the alleged victim's best interest shall
be immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-8) A broker-dealer, investment advisor, or qualified
individual who in good faith and exercising reasonable care
makes a report or disclosure to the Department, a designated
provider agency, or a designated third-party in accordance
with subsection (a-1) shall be immune from administrative or
civil liability that might otherwise arise from such report or
disclosure or for any failure to notify the eligible adult of
the report or disclosure.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in the
making of a report, providing information or records related
to a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or

SB1551 - 32 - LRB104 07489 KTG 17532 b
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse, abandonment, or
neglect. Any person, institution or agency authorized by the
Department to provide assessment, intervention, or
administrative services under this Act shall, in the good
faith performance of those services, have immunity from any
civil, criminal or other liability in any civil, criminal, or
other proceeding brought as a consequence of the performance
of those services. For the purposes of any civil, criminal, or
other proceeding, the good faith of any person required to
report, permitted to report, or participating in an
investigation of a report of alleged or suspected abuse,
abandonment, neglect, financial exploitation, or self-neglect
shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, abandonment, neglect, financial exploitation,
or self-neglect or a report concerning information about the
suspicious death of an eligible adult under this Act may be
disclosed by the Department or other agency provided for in
this Act only with such person's written consent or by court
order, but is otherwise confidential.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.

SB1551 - 33 - LRB104 07489 KTG 17532 b
(e) Any physician who willfully fails to report as
required by this Act shall be referred to the Illinois State
Medical Disciplinary Board for action in accordance with
subdivision (A)(22) of Section 22 of the Medical Practice Act
of 1987. Any dentist or dental hygienist who willfully fails
to report as required by this Act shall be referred to the
Department of Financial and Professional Regulation for
possible disciplinary action. Any optometrist who willfully
fails to report as required by this Act shall be referred to
the Department of Financial and Professional Regulation for
action in accordance with paragraph (15) of subsection (a) of
Section 24 of the Illinois Optometric Practice Act of 1987.
Any other mandated reporter required by this Act to report
suspected abuse, abandonment, neglect, or financial
exploitation who willfully fails to report the same is guilty
of a Class A misdemeanor.
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24;
103-626, eff. 1-1-25.)
(320 ILCS 20/4.3 new)
Sec. 4.3. Delaying disbursements from eligible adult's
financial accounts.
(a) Delaying disbursements.
(1) In cases of suspected financial exploitation, a
broker-dealer or investment advisor may delay a
disbursement from an account of an eligible adult or an

SB1551 - 34 - LRB104 07489 KTG 17532 b
account on which an eligible adult is a beneficiary if:
(A) the broker-dealer or investment advisor or a
qualified individual reasonably believes, after
initiating an internal review of the requested
disbursement and the suspected financial exploitation,
that the requested disbursement may result in
financial exploitation of an eligible adult; and
(B) the broker-dealer or investment advisor:
(i) immediately, but in no event more than 2
business days after the requested disbursement,
provides written notification of the delay and the
reason for the delay to all parties authorized to
transact business on the account, unless any such
party is reasonably believed to have engaged in
suspected or attempted financial exploitation of
the eligible adult;
(ii) immediately, but in no event more than 2
business days after the requested disbursement,
notifies the Department; and
(iii) continues its internal review of the
suspected or attempted financial exploitation of
the eligible adult, as necessary, and reports the
investigation's results to the Department within 7
business days after the requested disbursement.
(2) Any delay of a disbursement as authorized by this
subsection shall expire upon the sooner of:

SB1551 - 35 - LRB104 07489 KTG 17532 b
(A) a determination by the broker-dealer or
investment advisor that the disbursement will not
result in financial exploitation of the eligible
adult; or
(B) 15 business days after the date on which the
broker-dealer or investment advisor first delayed
disbursement of the funds, unless the Department
requests that the broker-dealer or investment advisor
extend the delay, in which case the delay shall expire
no more than 25 business days after the date on which
the broker-dealer or investment advisor first delayed
disbursement of the funds unless sooner terminated by
the Department or an order of a court of competent
jurisdiction.
(3) A court of competent jurisdiction may enter an
order extending the delay of the disbursement of funds or
may order other protective relief based on the petition of
the Department, the broker-dealer, or the investment
adviser that initiated the delay under this subsection, or
other interested party.
(b) Immunity for delaying disbursements. A broker-dealer,
investment advisor, or qualified individual who, in good faith
and exercising reasonable care, complies with subsection (a)
shall be immune from any administrative or civil liability
that might otherwise arise from such delay in a disbursement.
(c) Records. A broker-dealer, investment advisor, or

SB1551 - 36 - LRB104 07489 KTG 17532 b
qualified individual shall provide access to or copies of
records that are relevant to the suspected or attempted
financial exploitation of an eligible adult to a
representative of the Department or a designated provider
agency and to law enforcement, either as part of a referral to
the Department, the provider agency, or law enforcement, or
upon request of the Department, the provider agency, or law
enforcement pursuant to an investigation. The records may
include historical records as well as records relating to the
most recent transaction or transactions that may comprise
financial exploitation of an eligible adult. All records made
available to the Department or a designated provider agency in
accordance with this subsection are confidential and not
subject to disclosure under the Freedom of Information Act.
Nothing in this subsection shall limit or otherwise impede the
authority of the Department or a designated provider agency to
access or examine the books and records of broker-dealers,
investment advisors, or qualified individuals as otherwise
provided in Section 13 of this Act or other applicable law.
(320 ILCS 20/13)
Sec. 13. Access.
(a) In accord with established law and Department
protocols, procedures, and policies, the designated provider
agencies shall have access to eligible adults who have been
reported or found to be victims of abuse, abandonment,

SB1551 - 37 - LRB104 07489 KTG 17532 b
neglect, financial exploitation, or self-neglect in order to
assess the validity of the report, assess other needs of the
eligible adult, and provide services in accordance with this
Act.
(a-5) A representative of the Department or a designated
provider agency that is actively involved in an abuse,
abandonment, neglect, financial exploitation, or self-neglect
investigation under this Act shall be allowed access to the
financial records, including those records described in
subsection (c) of Section 4.3, mental and physical health
records, and other relevant evaluative records of the eligible
adult which are in the possession of any individual, financial
institution, broker-dealer, investment advisor, qualified
individual, health care provider, mental health provider,
educational facility, or other facility if necessary to
complete the investigation mandated by this Act. The
individual, provider, or facility shall provide such records
to the representative upon receipt of a written request and
certification from the Department or designated provider
agency that an investigation is being conducted under this Act
and the records are pertinent to the investigation.
Any records received by such representative, the
confidentiality of which is protected by another law or rule,
shall be maintained as confidential, except for such use as
may be necessary for any administrative or other legal
proceeding.

SB1551 - 38 - LRB104 07489 KTG 17532 b
(b) Where access to an eligible adult is denied, including
the refusal to provide requested records, the Office of the
Attorney General, the Department, or the provider agency may
petition the court for an order to require appropriate access
where:
(1) a caregiver or third party has interfered with the
assessment or service plan, or
(2) the agency has reason to believe that the eligible
adult is denying access because of coercion, extortion, or
justifiable fear of future abuse, abandonment, neglect, or
financial exploitation.
(c) The petition for an order requiring appropriate access
shall be afforded an expedited hearing in the circuit court.
(d) If the provider agency has substantiated financial
exploitation against an eligible adult, and has documented a
reasonable belief that the eligible adult will be irreparably
harmed as a result of the financial exploitation, the Office
of the Attorney General, the Department, or the provider
agency may petition for an order freezing the assets of the
eligible adult. The petition shall be filed in the county or
counties in which the assets are located. The court's order
shall prohibit the sale, gifting, transfer, or wasting of the
assets of the eligible adult, both real and personal, owned
by, or vested in, the eligible adult, without the express
permission of the court. The petition to freeze the assets of
the eligible adult shall be afforded an expedited hearing in

SB1551 - 39 - LRB104 07489 KTG 17532 b
the circuit court.
(Source: P.A. 102-244, eff. 1-1-22.)