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
 
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1    AN ACT concerning aging.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Freedom of Information Act is amended by 
5changing Section 7 as follows:

6    (5 ILCS 140/7)
7    Sec. 7. Exemptions. 
8    (1) When a request is made to inspect or copy a public 
9record that contains information that is exempt from 
10disclosure under this Section, but also contains information 
11that is not exempt from disclosure, the public body may elect 
12to redact the information that is exempt. The public body 
13shall make the remaining information available for inspection 
14and copying. Subject to this requirement, the following shall 
15be exempt from inspection and copying: 
16        (a) Information specifically prohibited from 
17 disclosure by federal or State law or rules and 
18 regulations implementing federal or State law. 
19        (b) Private information, unless disclosure is required 
20 by another provision of this Act, a State or federal law, 
21 or a court order. 
22        (b-5) Files, documents, and other data or databases 
23 maintained by one or more law enforcement agencies and 
 
 
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1 specifically designed to provide information to one or 
2 more law enforcement agencies regarding the physical or 
3 mental status of one or more individual subjects. 
4        (c) Personal information contained within public 
5 records, the disclosure of which would constitute a 
6 clearly unwarranted invasion of personal privacy, unless 
7 the disclosure is consented to in writing by the 
8 individual subjects of the information. "Unwarranted 
9 invasion of personal privacy" means the disclosure of 
10 information that is highly personal or objectionable to a 
11 reasonable person and in which the subject's right to 
12 privacy outweighs any legitimate public interest in 
13 obtaining the information. The disclosure of information 
14 that bears on the public duties of public employees and 
15 officials shall not be considered an invasion of personal 
16 privacy. 
17        (d) Records in the possession of any public body 
18 created in the course of administrative enforcement 
19 proceedings, and any law enforcement or correctional 
20 agency for law enforcement purposes, but only to the 
21 extent that disclosure would: 
22            (i) interfere with pending or actually and 
23 reasonably contemplated law enforcement proceedings 
24 conducted by any law enforcement or correctional 
25 agency that is the recipient of the request; 
26            (ii) interfere with active administrative 
 
 
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1 enforcement proceedings conducted by the public body 
2 that is the recipient of the request; 
3            (iii) create a substantial likelihood that a 
4 person will be deprived of a fair trial or an impartial 
5 hearing; 
6            (iv) unavoidably disclose the identity of a 
7 confidential source, confidential information 
8 furnished only by the confidential source, or persons 
9 who file complaints with or provide information to 
10 administrative, investigative, law enforcement, or 
11 penal agencies; except that the identities of 
12 witnesses to traffic crashes, traffic crash reports, 
13 and rescue reports shall be provided by agencies of 
14 local government, except when disclosure would 
15 interfere with an active criminal investigation 
16 conducted by the agency that is the recipient of the 
17 request; 
18            (v) disclose unique or specialized investigative 
19 techniques other than those generally used and known 
20 or disclose internal documents of correctional 
21 agencies related to detection, observation, or 
22 investigation of incidents of crime or misconduct, and 
23 disclosure would result in demonstrable harm to the 
24 agency or public body that is the recipient of the 
25 request; 
26            (vi) endanger the life or physical safety of law 
 
 
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1 enforcement personnel or any other person; or 
2            (vii) obstruct an ongoing criminal investigation 
3 by the agency that is the recipient of the request. 
4        (d-5) A law enforcement record created for law 
5 enforcement purposes and contained in a shared electronic 
6 record management system if the law enforcement agency 
7 that is the recipient of the request did not create the 
8 record, did not participate in or have a role in any of the 
9 events which are the subject of the record, and only has 
10 access to the record through the shared electronic record 
11 management system. 
12        (d-6) Records contained in the Officer Professional 
13 Conduct Database under Section 9.2 of the Illinois Police 
14 Training Act, except to the extent authorized under that 
15 Section. This includes the documents supplied to the 
16 Illinois Law Enforcement Training Standards Board from the 
17 Illinois State Police and Illinois State Police Merit 
18 Board. 
19        (d-7) Information gathered or records created from the 
20 use of automatic license plate readers in connection with 
21 Section 2-130 of the Illinois Vehicle Code. 
22        (e) Records that relate to or affect the security of 
23 correctional institutions and detention facilities. 
24        (e-5) Records requested by persons committed to the 
25 Department of Corrections, Department of Human Services 
26 Division of Mental Health, or a county jail if those 
 
 
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1 materials are available in the library of the correctional 
2 institution or facility or jail where the inmate is 
3 confined. 
4        (e-6) Records requested by persons committed to the 
5 Department of Corrections, Department of Human Services 
6 Division of Mental Health, or a county jail if those 
7 materials include records from staff members' personnel 
8 files, staff rosters, or other staffing assignment 
9 information. 
10        (e-7) Records requested by persons committed to the 
11 Department of Corrections or Department of Human Services 
12 Division of Mental Health if those materials are available 
13 through an administrative request to the Department of 
14 Corrections or Department of Human Services Division of 
15 Mental Health. 
16        (e-8) Records requested by a person committed to the 
17 Department of Corrections, Department of Human Services 
18 Division of Mental Health, or a county jail, the 
19 disclosure of which would result in the risk of harm to any 
20 person or the risk of an escape from a jail or correctional 
21 institution or facility.
22        (e-9) Records requested by a person in a county jail 
23 or committed to the Department of Corrections or 
24 Department of Human Services Division of Mental Health, 
25 containing personal information pertaining to the person's 
26 victim or the victim's family, including, but not limited 
 
 
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1 to, a victim's home address, home telephone number, work 
2 or school address, work telephone number, social security 
3 number, or any other identifying information, except as 
4 may be relevant to a requester's current or potential case 
5 or claim. 
6        (e-10) Law enforcement records of other persons 
7 requested by a person committed to the Department of 
8 Corrections, Department of Human Services Division of 
9 Mental Health, or a county jail, including, but not 
10 limited to, arrest and booking records, mug shots, and 
11 crime scene photographs, except as these records may be 
12 relevant to the requester's current or potential case or 
13 claim. 
14        (f) Preliminary drafts, notes, recommendations, 
15 memoranda, and other records in which opinions are 
16 expressed, or policies or actions are formulated, except 
17 that a specific record or relevant portion of a record 
18 shall not be exempt when the record is publicly cited and 
19 identified by the head of the public body. The exemption 
20 provided in this paragraph (f) extends to all those 
21 records of officers and agencies of the General Assembly 
22 that pertain to the preparation of legislative documents. 
23        (g) Trade secrets and commercial or financial 
24 information obtained from a person or business where the 
25 trade secrets or commercial or financial information are 
26 furnished under a claim that they are proprietary, 
 
 
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1 privileged, or confidential, and that disclosure of the 
2 trade secrets or commercial or financial information would 
3 cause competitive harm to the person or business, and only 
4 insofar as the claim directly applies to the records 
5 requested.
6        The information included under this exemption includes 
7 all trade secrets and commercial or financial information 
8 obtained by a public body, including a public pension 
9 fund, from a private equity fund or a privately held 
10 company within the investment portfolio of a private 
11 equity fund as a result of either investing or evaluating 
12 a potential investment of public funds in a private equity 
13 fund. The exemption contained in this item does not apply 
14 to the aggregate financial performance information of a 
15 private equity fund, nor to the identity of the fund's 
16 managers or general partners. The exemption contained in 
17 this item does not apply to the identity of a privately 
18 held company within the investment portfolio of a private 
19 equity fund, unless the disclosure of the identity of a 
20 privately held company may cause competitive harm.
21        Nothing contained in this paragraph (g) shall be 
22 construed to prevent a person or business from consenting 
23 to disclosure. 
24        (h) Proposals and bids for any contract, grant, or 
25 agreement, including information which if it were 
26 disclosed would frustrate procurement or give an advantage 
 
 
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1 to any person proposing to enter into a contractor 
2 agreement with the body, until an award or final selection 
3 is made. Information prepared by or for the body in 
4 preparation of a bid solicitation shall be exempt until an 
5 award or final selection is made. 
6        (i) Valuable formulae, computer geographic systems, 
7 designs, drawings, and research data obtained or produced 
8 by any public body when disclosure could reasonably be 
9 expected to produce private gain or public loss. The 
10 exemption for "computer geographic systems" provided in 
11 this paragraph (i) does not extend to requests made by 
12 news media as defined in Section 2 of this Act when the 
13 requested information is not otherwise exempt and the only 
14 purpose of the request is to access and disseminate 
15 information regarding the health, safety, welfare, or 
16 legal rights of the general public. 
17        (j) The following information pertaining to 
18 educational matters:
19            (i) test questions, scoring keys, and other 
20 examination data used to administer an academic 
21 examination; 
22            (ii) information received by a primary or 
23 secondary school, college, or university under its 
24 procedures for the evaluation of faculty members by 
25 their academic peers; 
26            (iii) information concerning a school or 
 
 
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1 university's adjudication of student disciplinary 
2 cases, but only to the extent that disclosure would 
3 unavoidably reveal the identity of the student; and
4            (iv) course materials or research materials used 
5 by faculty members. 
6        (k) Architects' plans, engineers' technical 
7 submissions, and other construction related technical 
8 documents for projects not constructed or developed in 
9 whole or in part with public funds and the same for 
10 projects constructed or developed with public funds, 
11 including, but not limited to, power generating and 
12 distribution stations and other transmission and 
13 distribution facilities, water treatment facilities, 
14 airport facilities, sport stadiums, convention centers, 
15 and all government owned, operated, or occupied buildings, 
16 but only to the extent that disclosure would compromise 
17 security. 
18        (l) Minutes of meetings of public bodies closed to the 
19 public as provided in the Open Meetings Act until the 
20 public body makes the minutes available to the public 
21 under Section 2.06 of the Open Meetings Act. 
22        (m) Communications between a public body and an 
23 attorney or auditor representing the public body that 
24 would not be subject to discovery in litigation, and 
25 materials prepared or compiled by or for a public body in 
26 anticipation of a criminal, civil, or administrative 
 
 
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1 proceeding upon the request of an attorney advising the 
2 public body, and materials prepared or compiled with 
3 respect to internal audits of public bodies. 
4        (n) Records relating to a public body's adjudication 
5 of employee grievances or disciplinary cases; however, 
6 this exemption shall not extend to the final outcome of 
7 cases in which discipline is imposed. 
8        (o) Administrative or technical information associated 
9 with automated data processing operations, including, but 
10 not limited to, software, operating protocols, computer 
11 program abstracts, file layouts, source listings, object 
12 modules, load modules, user guides, documentation 
13 pertaining to all logical and physical design of 
14 computerized systems, employee manuals, and any other 
15 information that, if disclosed, would jeopardize the 
16 security of the system or its data or the security of 
17 materials exempt under this Section. 
18        (p) Records relating to collective negotiating matters 
19 between public bodies and their employees or 
20 representatives, except that any final contract or 
21 agreement shall be subject to inspection and copying. 
22        (q) Test questions, scoring keys, and other 
23 examination data used to determine the qualifications of 
24 an applicant for a license or employment. 
25        (r) The records, documents, and information relating 
26 to real estate purchase negotiations until those 
 
 
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1 negotiations have been completed or otherwise terminated. 
2 With regard to a parcel involved in a pending or actually 
3 and reasonably contemplated eminent domain proceeding 
4 under the Eminent Domain Act, records, documents, and 
5 information relating to that parcel shall be exempt except 
6 as may be allowed under discovery rules adopted by the 
7 Illinois Supreme Court. The records, documents, and 
8 information relating to a real estate sale shall be exempt 
9 until a sale is consummated. 
10        (s) Any and all proprietary information and records 
11 related to the operation of an intergovernmental risk 
12 management association or self-insurance pool or jointly 
13 self-administered health and accident cooperative or pool. 
14 Insurance or self-insurance (including any 
15 intergovernmental risk management association or 
16 self-insurance pool) claims, loss or risk management 
17 information, records, data, advice, or communications. 
18        (t) Information contained in or related to 
19 examination, operating, or condition reports prepared by, 
20 on behalf of, or for the use of a public body responsible 
21 for the regulation or supervision of financial 
22 institutions, insurance companies, or pharmacy benefit 
23 managers, unless disclosure is otherwise required by State 
24 law. 
25        (u) Information that would disclose or might lead to 
26 the disclosure of secret or confidential information, 
 
 
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1 codes, algorithms, programs, or private keys intended to 
2 be used to create electronic signatures under the Uniform 
3 Electronic Transactions Act. 
4        (v) Vulnerability assessments, security measures, and 
5 response policies or plans that are designed to identify, 
6 prevent, or respond to potential attacks upon a 
7 community's population or systems, facilities, or 
8 installations, but only to the extent that disclosure 
9 could reasonably be expected to expose the vulnerability 
10 or jeopardize the effectiveness of the measures, policies, 
11 or plans, or the safety of the personnel who implement 
12 them or the public. Information exempt under this item may 
13 include such things as details pertaining to the 
14 mobilization or deployment of personnel or equipment, to 
15 the operation of communication systems or protocols, to 
16 cybersecurity vulnerabilities, or to tactical operations. 
17        (w) (Blank). 
18        (x) Maps and other records regarding the location or 
19 security of generation, transmission, distribution, 
20 storage, gathering, treatment, or switching facilities 
21 owned by a utility, by a power generator, or by the 
22 Illinois Power Agency. 
23        (y) Information contained in or related to proposals, 
24 bids, or negotiations related to electric power 
25 procurement under Section 1-75 of the Illinois Power 
26 Agency Act and Section 16-111.5 of the Public Utilities 
 
 
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1 Act that is determined to be confidential and proprietary 
2 by the Illinois Power Agency or by the Illinois Commerce 
3 Commission. 
4        (z) Information about students exempted from 
5 disclosure under Section 10-20.38 or 34-18.29 of the 
6 School Code, and information about undergraduate students 
7 enrolled at an institution of higher education exempted 
8 from disclosure under Section 25 of the Illinois Credit 
9 Card Marketing Act of 2009. 
10        (aa) Information the disclosure of which is exempted 
11 under the Viatical Settlements Act of 2009. 
12        (bb) Records and information provided to a mortality 
13 review team and records maintained by a mortality review 
14 team appointed under the Department of Juvenile Justice 
15 Mortality Review Team Act. 
16        (cc) Information regarding interments, entombments, or 
17 inurnments of human remains that are submitted to the 
18 Cemetery Oversight Database under the Cemetery Care Act or 
19 the Cemetery Oversight Act, whichever is applicable.
20        (dd) Correspondence and records (i) that may not be 
21 disclosed under Section 11-9 of the Illinois Public Aid 
22 Code or (ii) that pertain to appeals under Section 11-8 of 
23 the Illinois Public Aid Code. 
24        (ee) The names, addresses, or other personal 
25 information of persons who are minors and are also 
26 participants and registrants in programs of park 
 
 
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1 districts, forest preserve districts, conservation 
2 districts, recreation agencies, and special recreation 
3 associations.
4        (ff) The names, addresses, or other personal 
5 information of participants and registrants in programs of 
6 park districts, forest preserve districts, conservation 
7 districts, recreation agencies, and special recreation 
8 associations where such programs are targeted primarily to 
9 minors.
10        (gg) Confidential information described in Section 
11 1-100 of the Illinois Independent Tax Tribunal Act of 
12 2012. 
13        (hh) The report submitted to the State Board of 
14 Education by the School Security and Standards Task Force 
15 under item (8) of subsection (d) of Section 2-3.160 of the 
16 School Code and any information contained in that report. 
17        (ii) Records requested by persons committed to or 
18 detained by the Department of Human Services under the 
19 Sexually Violent Persons Commitment Act or committed to 
20 the Department of Corrections under the Sexually Dangerous 
21 Persons Act if those materials: (i) are available in the 
22 library of the facility where the individual is confined; 
23 (ii) include records from staff members' personnel files, 
24 staff rosters, or other staffing assignment information; 
25 or (iii) are available through an administrative request 
26 to the Department of Human Services or the Department of 
 
 
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1 Corrections.
2        (jj) Confidential information described in Section 
3 5-535 of the Civil Administrative Code of Illinois. 
4        (kk) The public body's credit card numbers, debit card 
5 numbers, bank account numbers, Federal Employer 
6 Identification Number, security code numbers, passwords, 
7 and similar account information, the disclosure of which 
8 could result in identity theft or impression or defrauding 
9 of a governmental entity or a person. 
10        (ll) Records concerning the work of the threat 
11 assessment team of a school district, including, but not 
12 limited to, any threat assessment procedure under the 
13 School Safety Drill Act and any information contained in 
14 the procedure.
15        (mm) Information prohibited from being disclosed under 
16 subsections (a) and (b) of Section 15 of the Student 
17 Confidential Reporting Act. 
18        (nn) Proprietary information submitted to the 
19 Environmental Protection Agency under the Drug Take-Back 
20 Act. 
21        (oo) Records described in subsection (f) of Section 
22 3-5-1 of the Unified Code of Corrections. 
23        (pp) Any and all information regarding burials, 
24 interments, or entombments of human remains as required to 
25 be reported to the Department of Natural Resources 
26 pursuant either to the Archaeological and Paleontological 
 
 
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1 Resources Protection Act or the Human Remains Protection 
2 Act.
3        (qq) Reports described in subsection (e) of Section 
4 16-15 of the Abortion Care Clinical Training Program Act. 
5        (rr) Information obtained by a certified local health 
6 department under the Access to Public Health Data Act. 
7        (ss) For a request directed to a public body that is 
8 also a HIPAA-covered entity, all information that is 
9 protected health information, including demographic 
10 information, that may be contained within or extracted 
11 from any record held by the public body in compliance with 
12 State and federal medical privacy laws and regulations, 
13 including, but not limited to, the Health Insurance 
14 Portability and Accountability Act and its regulations, 45 
15 CFR Parts 160 and 164. As used in this paragraph, 
16 "HIPAA-covered entity" has the meaning given to the term 
17 "covered entity" in 45 CFR 160.103 and "protected health 
18 information" has the meaning given to that term in 45 CFR 
19 160.103. 
20        (tt) Proposals or bids submitted by engineering 
21 consultants in response to requests for proposal or other 
22 competitive bidding requests by the Department of 
23 Transportation or the Illinois Toll Highway Authority. 
24        (uu) Records described in subsection (c) of Section 
25 4.3 of the Adult Protective Services Act.    
26    (1.5) Any information exempt from disclosure under the 
 
 
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1Judicial Privacy Act shall be redacted from public records 
2prior to disclosure under this Act. 
3    (2) A public record that is not in the possession of a 
4public body but is in the possession of a party with whom the 
5agency has contracted to perform a governmental function on 
6behalf of the public body, and that directly relates to the 
7governmental function and is not otherwise exempt under this 
8Act, shall be considered a public record of the public body, 
9for purposes of this Act. 
10    (3) This Section does not authorize withholding of 
11information or limit the availability of records to the 
12public, except as stated in this Section or otherwise provided 
13in this Act. 
14(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 
15102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 
161-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, 
17eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 
18103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 
198-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, 
20eff. 7-1-24; 103-865, eff. 1-1-25.)

21    Section 10. The Adult Protective Services Act is amended 
22by changing Sections 2, 4, and 13 and by adding Section 4.3 as 
23follows:

24    (320 ILCS 20/2)    (from Ch. 23, par. 6602)
 
 
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1    Sec. 2. Definitions. As used in this Act, unless the 
2context requires otherwise:
3    (a) "Abandonment" means the desertion or willful forsaking 
4of an eligible adult by an individual responsible for the care 
5and custody of that eligible adult under circumstances in 
6which a reasonable person would continue to provide care and 
7custody. Nothing in this Act shall be construed to mean that an 
8eligible adult is a victim of abandonment because of health 
9care services provided or not provided by licensed health care 
10professionals. 
11    (a-1) "Abuse" means causing any physical, mental or sexual 
12injury to an eligible adult, including exploitation of such 
13adult's financial resources, and abandonment or subjecting an 
14eligible adult to an environment which creates a likelihood of 
15harm to the eligible adult's health, physical and emotional 
16well-being, or welfare.
17    Nothing in this Act shall be construed to mean that an 
18eligible adult is a victim of abuse, abandonment, neglect, or 
19self-neglect for the sole reason that he or she is being 
20furnished with or relies upon treatment by spiritual means 
21through prayer alone, in accordance with the tenets and 
22practices of a recognized church or religious denomination.
23    Nothing in this Act shall be construed to mean that an 
24eligible adult is a victim of abuse because of health care 
25services provided or not provided by licensed health care 
26professionals.
 
 
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1    Nothing in this Act shall be construed to mean that an 
2eligible adult is a victim of abuse in cases of criminal 
3activity by strangers, telemarketing scams, consumer fraud, 
4internet fraud, home repair disputes, complaints against a 
5homeowners' association, or complaints between landlords and 
6tenants. 
7    (a-5) "Abuser" means a person who is a family member, 
8caregiver, or another person who has a continuing relationship 
9with the eligible adult and abuses, abandons, neglects, or 
10financially exploits an eligible adult.
11    (a-6) "Adult with disabilities" means a person aged 18 
12through 59 who resides in a domestic living situation and 
13whose disability as defined in subsection (c-5) impairs his or 
14her ability to seek or obtain protection from abuse, 
15abandonment, neglect, or exploitation. 
16    (a-7) "Agent" has the meaning ascribed to that term in 
17Section 2-3 of the Illinois Power of Attorney Act.    
18    (a-8) "Broker-dealer" means any person engaged in the 
19business of effecting transactions in securities in this State 
20for the account of others or for that person's own account and 
21who is registered with the United States Securities and 
22Exchange Commission.    
23    (a-9) (a-7) "Caregiver" means a person who either as a 
24result of a family relationship, voluntarily, or in exchange 
25for compensation has assumed responsibility for all or a 
26portion of the care of an eligible adult who needs assistance 
 
 
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1with activities of daily living or instrumental activities of 
2daily living.
3    (b) "Department" means the Department on Aging of the 
4State of Illinois.
5    (c) "Director" means the Director of the Department.
6    (c-5) "Disability" means a physical or mental disability, 
7including, but not limited to, a developmental disability, an 
8intellectual disability, a mental illness as defined under the 
9Mental Health and Developmental Disabilities Code, or dementia 
10as defined under the Alzheimer's Disease Assistance Act. 
11    (d) "Domestic living situation" means a residence where 
12the eligible adult at the time of the report lives alone or 
13with his or her family or a caregiver, or others, or other 
14community-based unlicensed facility, but is not:
15        (1) A licensed facility as defined in Section 1-113 of 
16 the Nursing Home Care Act;
17        (1.5) A facility licensed under the ID/DD Community 
18 Care Act; 
19        (1.6) A facility licensed under the MC/DD Act; 
20        (1.7) A facility licensed under the Specialized Mental 
21 Health Rehabilitation Act of 2013; 
22        (2) A "life care facility" as defined in the Life Care 
23 Facilities Act;
24        (3) A home, institution, or other place operated by 
25 the federal government or agency thereof or by the State 
26 of Illinois;
 
 
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1        (4) A hospital, sanitarium, or other institution, the 
2 principal activity or business of which is the diagnosis, 
3 care, and treatment of human illness through the 
4 maintenance and operation of organized facilities 
5 therefor, which is required to be licensed under the 
6 Hospital Licensing Act;
7        (5) A "community living facility" as defined in the 
8 Community Living Facilities Licensing Act;
9        (6) (Blank);
10        (7) A "community-integrated living arrangement" as 
11 defined in the Community-Integrated Living Arrangements 
12 Licensure and Certification Act or a "community 
13 residential alternative" as licensed under that Act;
14        (8) An assisted living or shared housing establishment 
15 as defined in the Assisted Living and Shared Housing Act; 
16 or 
17        (9) A supportive living facility as described in 
18 Section 5-5.01a of the Illinois Public Aid Code. 
19    (e) "Eligible adult" means either an adult with 
20disabilities aged 18 through 59 or a person aged 60 or older 
21who resides in a domestic living situation and is, or is 
22alleged to be, abused, abandoned, neglected, or financially 
23exploited by another individual or who neglects himself or 
24herself. "Eligible adult" also includes an adult who resides 
25in any of the facilities that are excluded from the definition 
26of "domestic living situation" under paragraphs (1) through 
 
 
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1(9) of subsection (d), if either: (i) the alleged abuse, 
2abandonment, or neglect occurs outside of the facility and not 
3under facility supervision and the alleged abuser is a family 
4member, caregiver, or another person who has a continuing 
5relationship with the adult; or (ii) the alleged financial 
6exploitation is perpetrated by a family member, caregiver, or 
7another person who has a continuing relationship with the 
8adult, but who is not an employee of the facility where the 
9adult resides.
10    (f) "Emergency" means a situation in which an eligible 
11adult is living in conditions presenting a risk of death or 
12physical, mental or sexual injury and the provider agency has 
13reason to believe the eligible adult is unable to consent to 
14services which would alleviate that risk.
15    (f-1) "Financial exploitation" means the use of an 
16eligible adult's resources by another to the disadvantage of 
17that adult or for the profit or advantage of a person other 
18than that adult."Financial exploitation" includes:    
19        (1) the wrongful or unauthorized taking, withholding, 
20 appropriation, or use of money, assets, or property of an 
21 eligible adult; or
22        (2) any act or omission taken by a person, including 
23 through the use of a power of attorney, guardianship, or 
24 conservatorship of an eligible adult, to:
25            (A) obtain control, through deception, 
26 intimidation, or undue influence, over the eligible 
 
 
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1 adult's money, assets, or property to deprive the 
2 eligible adult of the ownership, use, benefit, or 
3 possession of his or her money, assets, or property; 
4 or
5            (B) convert money, assets, or property of the 
6 eligible adult to deprive such eligible adult of the 
7 ownership, use, benefit, or possession of his or her 
8 money, assets, or property.
9    (f-2) (f-3) "Investment advisor" means any person required 
10to register as an investment adviser or investment adviser 
11representative under Section 8 of the Illinois Securities Law 
12of 1953, which for purposes of this Act excludes any bank, 
13trust company, savings bank, or credit union, or their 
14respective employees. 
15    (f-3) "Investment adviser representative" has the meaning 
16ascribed to that term in Section 2.12b of the Illinois 
17Securities Law of 1953.    
18    (f-4) "Qualified individual" means any agent, investment 
19adviser representative, or person who serves in a supervisory, 
20compliance, or legal capacity for a broker-dealer or 
21investment advisor.    
22    (f-5) "Mandated reporter" means any of the following 
23persons while engaged in carrying out their professional 
24duties:
25        (1) a professional or professional's delegate while 
26 engaged in: (i) social services, (ii) law enforcement, 
 
 
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1 (iii) education, (iv) the care of an eligible adult or 
2 eligible adults, or (v) any of the occupations required to 
3 be licensed under the Behavior Analyst Licensing Act, the 
4 Clinical Psychologist Licensing Act, the Clinical Social 
5 Work and Social Work Practice Act, the Illinois Dental 
6 Practice Act, the Dietitian Nutritionist Practice Act, the 
7 Marriage and Family Therapy Licensing Act, the Medical 
8 Practice Act of 1987, the Naprapathic Practice Act, the 
9 Nurse Practice Act, the Nursing Home Administrators 
10 Licensing and Disciplinary Act, the Illinois Occupational 
11 Therapy Practice Act, the Illinois Optometric Practice Act 
12 of 1987, the Pharmacy Practice Act, the Illinois Physical 
13 Therapy Act, the Physician Assistant Practice Act of 1987, 
14 the Podiatric Medical Practice Act of 1987, the 
15 Respiratory Care Practice Act, the Professional Counselor 
16 and Clinical Professional Counselor Licensing and Practice 
17 Act, the Illinois Speech-Language Pathology and Audiology 
18 Practice Act, the Veterinary Medicine and Surgery Practice 
19 Act of 2004, and the Illinois Public Accounting Act;
20        (1.5) an employee of an entity providing developmental 
21 disabilities services or service coordination funded by 
22 the Department of Human Services; 
23        (2) an employee of a vocational rehabilitation 
24 facility prescribed or supervised by the Department of 
25 Human Services;
26        (3) an administrator, employee, or person providing 
 
 
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1 services in or through an unlicensed community based 
2 facility;
3        (4) any religious practitioner who provides treatment 
4 by prayer or spiritual means alone in accordance with the 
5 tenets and practices of a recognized church or religious 
6 denomination, except as to information received in any 
7 confession or sacred communication enjoined by the 
8 discipline of the religious denomination to be held 
9 confidential;
10        (5) field personnel of the Department of Healthcare 
11 and Family Services, Department of Public Health, and 
12 Department of Human Services, and any county or municipal 
13 health department;
14        (6) personnel of the Department of Human Services, the 
15 Guardianship and Advocacy Commission, the State Fire 
16 Marshal, local fire departments, the Department on Aging 
17 and its subsidiary Area Agencies on Aging and provider 
18 agencies, except the State Long Term Care Ombudsman and 
19 any of his or her representatives or volunteers where 
20 prohibited from making such a report pursuant to 45 CFR 
21 1324.11(e)(3)(iv);
22        (7) any employee of the State of Illinois not 
23 otherwise specified herein who is involved in providing 
24 services to eligible adults, including professionals 
25 providing medical or rehabilitation services and all other 
26 persons having direct contact with eligible adults;
 
 
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1        (8) a person who performs the duties of a coroner or 
2 medical examiner;
3        (9) a person who performs the duties of a paramedic or 
4 an emergency medical technician; or
5        (10) a person who performs the duties of an investment 
6 advisor; .
7        (12) a person who performs the duties of a 
8 broker-dealer; or    
9        (13) a qualified individual.    
10    (g) "Neglect" means another individual's failure to 
11provide an eligible adult with or willful withholding from an 
12eligible adult the necessities of life including, but not 
13limited to, food, clothing, shelter or health care. This 
14subsection does not create any new affirmative duty to provide 
15support to eligible adults. Nothing in this Act shall be 
16construed to mean that an eligible adult is a victim of neglect 
17because of health care services provided or not provided by 
18licensed health care professionals.
19    (h) "Provider agency" means any public or nonprofit agency 
20in a planning and service area that is selected by the 
21Department or appointed by the regional administrative agency 
22with prior approval by the Department on Aging to receive and 
23assess reports of alleged or suspected abuse, abandonment, 
24neglect, or financial exploitation. A provider agency is also 
25referenced as a "designated agency" in this Act. 
26    (i) "Regional administrative agency" means any public or 
 
 
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1nonprofit agency in a planning and service area that provides 
2regional oversight and performs functions as set forth in 
3subsection (b) of Section 3 of this Act. The Department shall 
4designate an Area Agency on Aging as the regional 
5administrative agency or, in the event the Area Agency on 
6Aging in that planning and service area is deemed by the 
7Department to be unwilling or unable to provide those 
8functions, the Department may serve as the regional 
9administrative agency or designate another qualified entity to 
10serve as the regional administrative agency; any such 
11designation shall be subject to terms set forth by the 
12Department.
13    (i-5) "Self-neglect" means a condition that is the result 
14of an eligible adult's inability, due to physical or mental 
15impairments, or both, or a diminished capacity, to perform 
16essential self-care tasks that substantially threaten his or 
17her own health, including: providing essential food, clothing, 
18shelter, and health care; and obtaining goods and services 
19necessary to maintain physical health, mental health, 
20emotional well-being, and general safety. The term includes 
21compulsive hoarding, which is characterized by the acquisition 
22and retention of large quantities of items and materials that 
23produce an extensively cluttered living space, which 
24significantly impairs the performance of essential self-care 
25tasks or otherwise substantially threatens life or safety. 
26    (j) "Substantiated case" means a reported case of alleged 
 
 
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1or suspected abuse, abandonment, neglect, financial 
2exploitation, or self-neglect in which a provider agency, 
3after assessment, determines that there is reason to believe 
4abuse, abandonment, neglect, or financial exploitation has 
5occurred.
6    (k) "Verified" means a determination that there is "clear 
7and convincing evidence" that the specific injury or harm 
8alleged was the result of abuse, abandonment, neglect, or 
9financial exploitation. 
10(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22; 
11103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)

12    (320 ILCS 20/4)    (from Ch. 23, par. 6604)
13    Sec. 4. Reports of abuse, abandonment, or neglect. 
14    (a) Except as otherwise provided for broker-dealers, 
15investment advisors, and qualified individuals in subsection 
16(a-1), any Any person who suspects the abuse, abandonment, 
17neglect, financial exploitation, or self-neglect of an 
18eligible adult may report this suspicion or information about 
19the suspicious death of an eligible adult to an agency 
20designated to receive such reports under this Act or to the 
21Department. 
22    (a-1) If a broker-dealer, investment advisor, or qualified 
23individual reasonably believes that financial exploitation of 
24an eligible adult may have occurred, may have been attempted, 
25or is being attempted, the broker-dealer, investment advisor, 
 
 
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1or qualified individual shall promptly notify the Department 
2or the provider agency designated to receive such reports 
3under this Act. The broker-dealer, investment advisor, or 
4qualified individual may also notify any third party 
5previously designated by the eligible adult. Disclosure may 
6not be made to any designated third party who is suspected of 
7financial exploitation or other abuse of the eligible adult.
8    (a-5) Except as otherwise provided for broker-dealers, 
9investment advisors, and qualified individuals in subsection 
10(a-1), if If any mandated reporter has reason to believe that 
11an eligible adult, who because of a disability or other 
12condition or impairment is unable to seek assistance for 
13himself or herself, has, within the previous 12 months, been 
14subjected to abuse, abandonment, neglect, or financial 
15exploitation, the mandated reporter shall, within 24 hours 
16after developing such belief, report this suspicion to an 
17agency designated to receive such reports under this Act or to 
18the Department. The agency designated to receive such reports 
19under this Act or the Department may establish a manner in 
20which a mandated reporter can make the required report through 
21an Internet reporting tool. Information sent and received 
22through the Internet reporting tool is subject to the same 
23rules in this Act as other types of confidential reporting 
24established by the designated agency or the Department. 
25Whenever a mandated reporter is required to report under this 
26Act in his or her capacity as a member of the staff of a 
 
 
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1medical or other public or private institution, facility, or 
2agency, he or she shall make a report to an agency designated 
3to receive such reports under this Act or to the Department in 
4accordance with the provisions of this Act and may also notify 
5the person in charge of the institution, facility, or agency 
6or his or her designated agent that the report has been made. 
7Under no circumstances shall any person in charge of such 
8institution, facility, or agency, or his or her designated 
9agent to whom the notification has been made, exercise any 
10control, restraint, modification, or other change in the 
11report or the forwarding of the report to an agency designated 
12to receive such reports under this Act or to the Department. 
13The privileged quality of communication between any 
14professional person required to report and his or her patient 
15or client shall not apply to situations involving abused, 
16abandoned, neglected, or financially exploited eligible adults 
17and shall not constitute grounds for failure to report as 
18required by this Act.
19    (a-6) If a mandated reporter has reason to believe that 
20the death of an eligible adult may be the result of abuse or 
21neglect, the matter shall be reported to an agency designated 
22to receive such reports under this Act or to the Department for 
23subsequent referral to the appropriate law enforcement agency 
24and the coroner or medical examiner in accordance with 
25subsection (c-5) of Section 3 of this Act. 
26    (a-7) Except as otherwise provided for broker-dealers, 
 
 
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1investment advisors, and qualified individuals in subsection 
2(a-8), any A person making a report under this Act in the 
3belief that it is in the alleged victim's best interest shall 
4be immune from criminal or civil liability or professional 
5disciplinary action on account of making the report, 
6notwithstanding any requirements concerning the 
7confidentiality of information with respect to such eligible 
8adult which might otherwise be applicable.
9    (a-8) A broker-dealer, investment advisor, or qualified 
10individual who in good faith and exercising reasonable care 
11makes a report or disclosure to the Department, a designated 
12provider agency, or a designated third-party in accordance 
13with subsection (a-1) shall be immune from administrative or 
14civil liability that might otherwise arise from such report or 
15disclosure or for any failure to notify the eligible adult of 
16the report or disclosure.    
17    (a-9) Law enforcement officers shall continue to report 
18incidents of alleged abuse pursuant to the Illinois Domestic 
19Violence Act of 1986, notwithstanding any requirements under 
20this Act.
21    (b) Any person, institution or agency participating in the 
22making of a report, providing information or records related 
23to a report, assessment, or services, or participating in the 
24investigation of a report under this Act in good faith, or 
25taking photographs or x-rays as a result of an authorized 
26assessment, shall have immunity from any civil, criminal or 
 
 
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1other liability in any civil, criminal or other proceeding 
2brought in consequence of making such report or assessment or 
3on account of submitting or otherwise disclosing such 
4photographs or x-rays to any agency designated to receive 
5reports of alleged or suspected abuse, abandonment, or 
6neglect. Any person, institution or agency authorized by the 
7Department to provide assessment, intervention, or 
8administrative services under this Act shall, in the good 
9faith performance of those services, have immunity from any 
10civil, criminal or other liability in any civil, criminal, or 
11other proceeding brought as a consequence of the performance 
12of those services. For the purposes of any civil, criminal, or 
13other proceeding, the good faith of any person required to 
14report, permitted to report, or participating in an 
15investigation of a report of alleged or suspected abuse, 
16abandonment, neglect, financial exploitation, or self-neglect 
17shall be presumed.
18    (c) The identity of a person making a report of alleged or 
19suspected abuse, abandonment, neglect, financial exploitation, 
20or self-neglect or a report concerning information about the 
21suspicious death of an eligible adult under this Act may be 
22disclosed by the Department or other agency provided for in 
23this Act only with such person's written consent or by court 
24order, but is otherwise confidential.
25    (d) The Department shall by rule establish a system for 
26filing and compiling reports made under this Act.
 
 
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1    (e) Any physician who willfully fails to report as 
2required by this Act shall be referred to the Illinois State 
3Medical Disciplinary Board for action in accordance with 
4subdivision (A)(22) of Section 22 of the Medical Practice Act 
5of 1987. Any dentist or dental hygienist who willfully fails 
6to report as required by this Act shall be referred to the 
7Department of Financial and Professional Regulation for 
8possible disciplinary action. Any optometrist who willfully 
9fails to report as required by this Act shall be referred to 
10the Department of Financial and Professional Regulation for 
11action in accordance with paragraph (15) of subsection (a) of 
12Section 24 of the Illinois Optometric Practice Act of 1987. 
13Any other mandated reporter required by this Act to report 
14suspected abuse, abandonment, neglect, or financial 
15exploitation who willfully fails to report the same is guilty 
16of a Class A misdemeanor.
17(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24; 
18103-626, eff. 1-1-25.)

19    (320 ILCS 20/4.3 new)
20    Sec. 4.3. Delaying disbursements from eligible adult's 
21financial accounts.    
22    (a) Delaying disbursements.
23        (1) In cases of suspected financial exploitation, a 
24 broker-dealer or investment advisor may delay a 
25 disbursement from an account of an eligible adult or an 
 
 
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1 account on which an eligible adult is a beneficiary if:
2            (A) the broker-dealer or investment advisor or a 
3 qualified individual reasonably believes, after 
4 initiating an internal review of the requested 
5 disbursement and the suspected financial exploitation, 
6 that the requested disbursement may result in 
7 financial exploitation of an eligible adult; and
8            (B) the broker-dealer or investment advisor:
9                (i) immediately, but in no event more than 2 
10 business days after the requested disbursement, 
11 provides written notification of the delay and the 
12 reason for the delay to all parties authorized to 
13 transact business on the account, unless any such 
14 party is reasonably believed to have engaged in 
15 suspected or attempted financial exploitation of 
16 the eligible adult;
17                (ii) immediately, but in no event more than 2 
18 business days after the requested disbursement, 
19 notifies the Department; and
20                (iii) continues its internal review of the 
21 suspected or attempted financial exploitation of 
22 the eligible adult, as necessary, and reports the 
23 investigation's results to the Department within 7 
24 business days after the requested disbursement.
25        (2) Any delay of a disbursement as authorized by this 
26 subsection shall expire upon the sooner of:
 
 
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1            (A) a determination by the broker-dealer or 
2 investment advisor that the disbursement will not 
3 result in financial exploitation of the eligible 
4 adult; or
5            (B) 15 business days after the date on which the 
6 broker-dealer or investment advisor first delayed 
7 disbursement of the funds, unless the Department 
8 requests that the broker-dealer or investment advisor 
9 extend the delay, in which case the delay shall expire 
10 no more than 25 business days after the date on which 
11 the broker-dealer or investment advisor first delayed 
12 disbursement of the funds unless sooner terminated by 
13 the Department or an order of a court of competent 
14 jurisdiction.
15        (3) A court of competent jurisdiction may enter an 
16 order extending the delay of the disbursement of funds or 
17 may order other protective relief based on the petition of 
18 the Department, the broker-dealer, or the investment 
19 adviser that initiated the delay under this subsection, or 
20 other interested party.
21    (b) Immunity for delaying disbursements. A broker-dealer, 
22investment advisor, or qualified individual who, in good faith 
23and exercising reasonable care, complies with subsection (a) 
24shall be immune from any administrative or civil liability 
25that might otherwise arise from such delay in a disbursement.
26    (c) Records. A broker-dealer, investment advisor, or 
 
 
SB1551- 36 -LRB104 07489 KTG 17532 b


1qualified individual shall provide access to or copies of 
2records that are relevant to the suspected or attempted 
3financial exploitation of an eligible adult to a 
4representative of the Department or a designated provider 
5agency and to law enforcement, either as part of a referral to 
6the Department, the provider agency, or law enforcement, or 
7upon request of the Department, the provider agency, or law 
8enforcement pursuant to an investigation. The records may 
9include historical records as well as records relating to the 
10most recent transaction or transactions that may comprise 
11financial exploitation of an eligible adult. All records made 
12available to the Department or a designated provider agency in 
13accordance with this subsection are confidential and not 
14subject to disclosure under the Freedom of Information Act. 
15Nothing in this subsection shall limit or otherwise impede the 
16authority of the Department or a designated provider agency to 
17access or examine the books and records of broker-dealers, 
18investment advisors, or qualified individuals as otherwise 
19provided in Section 13 of this Act or other applicable law.

20    (320 ILCS 20/13)
21    Sec. 13. Access. 
22    (a) In accord with established law and Department 
23protocols, procedures, and policies, the designated provider 
24agencies shall have access to eligible adults who have been 
25reported or found to be victims of abuse, abandonment, 
 
 
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1neglect, financial exploitation, or self-neglect in order to 
2assess the validity of the report, assess other needs of the 
3eligible adult, and provide services in accordance with this 
4Act.
5    (a-5) A representative of the Department or a designated 
6provider agency that is actively involved in an abuse, 
7abandonment, neglect, financial exploitation, or self-neglect 
8investigation under this Act shall be allowed access to the 
9financial records, including those records described in 
10subsection (c) of Section 4.3, mental and physical health 
11records, and other relevant evaluative records of the eligible 
12adult which are in the possession of any individual, financial 
13institution, broker-dealer, investment advisor, qualified 
14individual, health care provider, mental health provider, 
15educational facility, or other facility if necessary to 
16complete the investigation mandated by this Act. The 
17individual, provider, or facility shall provide such records 
18to the representative upon receipt of a written request and 
19certification from the Department or designated provider 
20agency that an investigation is being conducted under this Act 
21and the records are pertinent to the investigation. 
22    Any records received by such representative, the 
23confidentiality of which is protected by another law or rule, 
24shall be maintained as confidential, except for such use as 
25may be necessary for any administrative or other legal 
26proceeding. 
 
 
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1    (b) Where access to an eligible adult is denied, including 
2the refusal to provide requested records, the Office of the 
3Attorney General, the Department, or the provider agency may 
4petition the court for an order to require appropriate access 
5where:
6        (1) a caregiver or third party has interfered with the 
7 assessment or service plan, or
8        (2) the agency has reason to believe that the eligible 
9 adult is denying access because of coercion, extortion, or 
10 justifiable fear of future abuse, abandonment, neglect, or 
11 financial exploitation.
12    (c) The petition for an order requiring appropriate access 
13shall be afforded an expedited hearing in the circuit court.
14    (d) If the provider agency has substantiated financial 
15exploitation against an eligible adult, and has documented a 
16reasonable belief that the eligible adult will be irreparably 
17harmed as a result of the financial exploitation, the Office 
18of the Attorney General, the Department, or the provider 
19agency may petition for an order freezing the assets of the 
20eligible adult. The petition shall be filed in the county or 
21counties in which the assets are located. The court's order 
22shall prohibit the sale, gifting, transfer, or wasting of the 
23assets of the eligible adult, both real and personal, owned 
24by, or vested in, the eligible adult, without the express 
25permission of the court. The petition to freeze the assets of 
26the eligible adult shall be afforded an expedited hearing in 
 
 
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1the circuit court.
2(Source: P.A. 102-244, eff. 1-1-22.)