Public Act 0293 103RD GENERAL ASSEMBLY

  
  
  
 

 
Public Act 103-0293
 
HB2100 EnrolledLRB103 25103 RLC 51438 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 2012 is amended  by 
changing Sections 12-4.4a and 17-56 as follows:
 
    (720 ILCS 5/12-4.4a)

    Sec. 12-4.4a. Abuse or criminal neglect of a long term 
care facility resident; criminal abuse or neglect of an 
elderly person or person with a disability.
    (a) Abuse or criminal neglect of a long term care facility 
resident.
        (1) A person or an owner or licensee commits abuse of a 
    long term care facility resident when he or she knowingly 
    causes any physical or mental injury to, or commits any 
    sexual offense in this Code against, a resident.
        (2) A person or an owner or licensee commits criminal 
    neglect of a long term care facility resident when he or 
    she recklessly:
            (A) performs acts that cause a resident's life to 
        be endangered, health to be injured, or pre-existing 
        physical or mental condition to deteriorate, or that 
        create the substantial likelihood
    that a resident's an 
        elderly person's or person with a disability's life
    
        will be endangered, health will be injured, or 
        pre-existing
    physical or mental condition will 
        deteriorate;
            (B) fails to perform acts that he or she knows or 
        reasonably should know are necessary to maintain or 
        preserve the life or health of a resident, and that 
        failure causes the resident's life to be endangered, 
        health to be injured, or pre-existing physical or 
        mental condition to deteriorate, or that create the 
        substantial likelihood
    that a resident's an elderly 
        person's or person with a disability's life
    will be 
        endangered, health will be injured, or pre-existing
    
        physical or mental condition will deteriorate; or
            (C) abandons a resident.
        (3) A person or an owner or licensee commits neglect 
    of a long term care facility resident when he or she 
    negligently fails to provide adequate medical care, 
    personal care, or maintenance to the resident which 
    results in physical or mental injury or deterioration of 
    the resident's physical or mental condition. An owner or 
    licensee is guilty under this subdivision (a)(3), however, 
    only if the owner or licensee failed to exercise 
    reasonable care in the hiring, training, supervising, or 
    providing of staff or other related routine administrative 
    responsibilities.
    (b) Criminal abuse or neglect of an elderly person or 
person with a disability.
        (1) A caregiver commits criminal abuse or neglect of 
    an elderly person or person with a disability when he or 
    she knowingly does any of the following:
            (A) performs acts that cause the person's life to 
        be endangered, health to be injured, or pre-existing 
        physical or mental condition to deteriorate;
            (B) fails to perform acts that he or she knows or 
        reasonably should know are necessary to maintain or 
        preserve the life or health of the person, and that 
        failure causes the person's life to be endangered, 
        health to be injured, or pre-existing physical or 
        mental condition to deteriorate;
            (C) abandons the person;
            (D) physically abuses, harasses, intimidates, or 
        interferes with the personal liberty of the person; or
            (E) exposes the person to willful deprivation.
        (2) It is not a defense to criminal abuse or neglect of 
    an elderly person or person with a disability that the 
    caregiver reasonably believed that the victim was not an 
    elderly person or person with a disability.
    (c) Offense not applicable.
        (1) Nothing in this Section applies to a physician 
    licensed to practice medicine in all its branches or a 
    duly licensed nurse providing care within the scope of his 
    or her professional judgment and within the accepted 
    standards of care within the community.
        (2)  Nothing in this Section imposes criminal liability 
    on a caregiver who made a good faith effort to provide for 
    the health and personal care of an elderly person or 
    person with a disability, but through no fault of his or 
    her own was unable to provide such care.
        (3) Nothing in this Section applies to the medical 
    supervision, regulation, or control of the remedial care 
    or treatment of residents in a long term care facility 
    conducted for those who rely upon treatment by prayer or 
    spiritual means in accordance with the creed or tenets of 
    any well-recognized church or religious denomination as 
    described in Section 3-803 of the Nursing Home Care Act, 
    Section 1-102 of the Specialized Mental Health 
    Rehabilitation Act of 2013, Section 3-803 of the ID/DD 
    Community Care Act, or Section 3-803 of the MC/DD Act.
        (4) Nothing in this Section prohibits a caregiver from 
    providing treatment to an elderly person or person with a 
    disability by spiritual means through prayer alone and 
    care consistent therewith in lieu of medical care and 
    treatment in accordance with the tenets and practices of 
    any church or religious denomination of which the elderly 
    person or person with a disability is a member.
        (5) Nothing in this Section limits the remedies 
    available to the victim under the Illinois Domestic 
    Violence Act of 1986.
    (d) Sentence.
        (1) Long term care facility. Abuse of a long term care 
    facility resident is a Class 3 felony. Criminal neglect of 
    a long term care facility resident is a Class 4 felony, 
    unless it results in the resident's death in which case it 
    is a Class 3 felony. Neglect of a long term care facility 
    resident is a petty offense.
        (2) Caregiver. Criminal abuse or neglect of an elderly 
    person or person with a disability is a Class 3 felony, 
    unless it results in the person's death in which case it is 
    a Class 2 felony, and if imprisonment is imposed it shall 
    be for a minimum term of 3 years and a maximum term of 14 
    years.
    (e) Definitions. For the purposes of this Section:
    "Abandon" means to desert or knowingly forsake a resident 
or an
elderly person or person with a disability under

circumstances in which a reasonable person
would continue to 
provide care and custody.
    "Caregiver" means a person who has a duty to provide for an 
elderly person or person with a
disability's health and 
personal care, at the elderly person or person with a 
disability's place of residence, including, but not limited 
to, food and nutrition, shelter, hygiene, prescribed 
medication, and medical care and treatment, and
includes any 
of the following:
        (1) A parent, spouse, adult child, or other relative 
    by blood or marriage
who resides with or resides in the 
    same building with or  regularly
visits
the elderly person 
    or  person with a disability, knows
or reasonably should 
    know of such person's physical or mental impairment,
and 
    knows or reasonably should know that such person is unable 
    to
adequately provide for his or her own health and 
    personal care.
        (2) A person who is employed by the elderly person or

    person with a disability or by
another to reside with or 
    regularly visit the elderly person or  person with a 
    disability
and provide for such person's health and 
    personal care.
        (3) A person who has agreed for consideration to 
    reside with or
regularly visit the elderly person or  
    person with a
disability  and provide for such
person's 
    health and personal care.
        (4) A person who has been appointed by a private or 
    public agency or by
a court of competent jurisdiction to 
    provide for the elderly person or
person with a 
    disability's health and personal care.
    "Caregiver" does not include a long-term care facility 
licensed or
certified under the Nursing Home Care Act or a 
facility licensed or certified under the ID/DD Community Care 
Act, the MC/DD Act, or the Specialized Mental Health 
Rehabilitation Act of 2013, or any administrative, medical, or

other personnel of such a facility, or a health care provider 
who is licensed
under the Medical Practice Act of 1987 and 
renders care in the ordinary
course of his or her profession.
    "Elderly person" means a person 60
years of age or older 
who is incapable of
adequately providing for his or her own 
health and personal care.
    "Licensee" means the individual or entity licensed to 
operate a
facility under the Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, the 
ID/DD Community Care Act, the MC/DD Act, or the Assisted 
Living and Shared
Housing Act.
    "Long term care facility" means a private home,

institution, building, residence, or other place, whether 
operated for
profit or not, or a county home for the infirm and 
chronically ill operated
pursuant to Division 5-21 or 5-22 of 
the Counties Code, or any similar
institution operated by
the 
State of Illinois or a political subdivision thereof, which 
provides,
through its ownership or management, personal care, 
sheltered care, or
nursing for 3 or more persons not related to 
the owner by blood or
marriage. The term also includes skilled 
nursing facilities and
intermediate care facilities as defined 
in Titles XVIII and XIX of the
federal Social Security Act and 
assisted living establishments and shared
housing 
establishments licensed under the Assisted Living and Shared 
Housing
Act.
    "Owner" means the owner of a long term care facility as

provided in the Nursing Home Care Act, the owner of a facility 
as provided under the Specialized Mental Health Rehabilitation 
Act of 2013, the owner of a facility as provided in the ID/DD 
Community Care Act, the owner of a facility as provided in the 
MC/DD Act, or the owner of an assisted living or shared
housing 
establishment as provided in the Assisted Living and Shared 
Housing Act.
    "Person with a disability" means a person who
suffers from 
a permanent physical or mental impairment, resulting from

disease, injury, functional disorder, or congenital condition, 
which renders
the person incapable of adequately providing for 
his or her own health and personal
care.
    "Resident" means a person residing in a long term care 
facility.
    "Willful deprivation" has the meaning ascribed to it in 
paragraph
(15) of Section 103 of the Illinois Domestic 
Violence Act of 1986. 

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; 
99-642, eff. 7-28-16.)
 


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


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

    (a) A person commits financial exploitation of an elderly

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

position of trust
or confidence with the
elderly person or a 
person with a disability
and he
or she knowingly:
        (1) by
deception or
intimidation obtains control over 
    the property of an elderly person or
a person
with a 
    disability;
or
        (2) illegally uses the assets or resources of an 
    elderly person or a
person with a disability.

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

the value of the property is more than $300 but less than 
$5,000, (3) a Class 2
felony if the value of the property is 
$5,000 or more but less than
$50,000, and (4) a Class 1 felony 
if the value of the property is $50,000 or more
or if the 
elderly person is over 70 years of age or older and the value 
of the
property is $15,000 or more or if the elderly person is 
80 years of age or
older and the value of the property is 
$5,000 or more.

    (c) For purposes of this Section:

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

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

    suffers from a physical or mental impairment resulting 
    from
disease, injury, functional disorder or congenital 
    condition that impairs the
individual's mental or physical 
    ability to independently manage his or her
property or 
    financial resources, or both.

        (3) "Intimidation" means the communication to an 
    elderly person or a
person with a disability that he or she 
    shall be deprived of food and
nutrition,
shelter, 
    prescribed
medication or medical care and treatment or 
    conduct as provided in Section 12-6 of this Code.

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

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

    order to induce, encourage or solicit the elderly person 
    or
person with
a disability to
enter into a contract or 
    agreement.

    The illegal use of the assets or resources of an
elderly 
person or a person with a disability includes, but is not 
limited
to, the misappropriation of those assets or resources 
by undue influence,
breach of a fiduciary relationship, fraud, 
deception, extortion, or
use of the assets or resources 
contrary to law.
    A person stands in a position of
trust and confidence with 
an elderly person or person with a
disability when he (i) is a

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

fiduciary relationship
with the elderly person or person with 
a disability, (iv) is a financial
planning or investment 
professional, (v) is a paid or unpaid caregiver for the 
elderly person or person with a disability, or (vi)  is a friend 
or acquaintance in a position of trust.

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

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

    (f) Not a defense. It shall not be a defense to financial 
exploitation of an elderly
person or person with a disability 
that the accused reasonably believed
that the victim was
not 
an elderly person or person with a disability. Consent is not a 
defense to financial exploitation of an elderly person or a 
person with a disability if the accused knew or had reason to 
know that the elderly person or a  person with a disability 
lacked capacity to consent. 

    (g) Civil Liability.  A civil cause of action exists for 
financial exploitation of an elderly person or a
person with a 
disability as described in subsection (a) of this Section. A 
person against whom a civil judgment has been entered for 
financial exploitation of an elderly person
or person with a 
disability shall be liable to the victim or to the estate of 
the
victim in damages of treble the amount of the value of the 
property
obtained, plus reasonable attorney fees and court 
costs.  In a civil action under this subsection, the burden of

proof that the defendant committed financial exploitation of 
an elderly person or a
person with a disability as described in 
subsection (a) of this Section shall be
by a preponderance of 
the evidence.  This subsection shall be operative
whether or 
not the defendant has been charged or convicted of the 
criminal offense as described in subsection (a) of this 
Section. This subsection (g) shall not limit or affect the 
right of any person to bring any cause of action or seek any 
remedy available under the common law, or other applicable  
law, arising out of the financial exploitation of an elderly 
person or a person with a disability. 

    (h)  If a person is charged with financial exploitation of 
an elderly person or a person with a disability that involves 
the taking or loss of property valued at more than $5,000, a 
prosecuting attorney may file a petition with the circuit 
court of the county in which the defendant has been charged to 
freeze the assets of the defendant in an amount equal to but 
not greater than the alleged value of lost or stolen property 
in the defendant's pending criminal proceeding for purposes of 
restitution to the victim.  The burden of proof required to 
freeze the defendant's assets shall be by a preponderance of 
the evidence. 
(Source: P.A. 101-394, eff. 1-1-20; 102-244, eff. 1-1-22.)