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| Public Act 103-0293 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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)
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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
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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
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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
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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
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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
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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,
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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
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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
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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.
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(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||
99-642, eff. 7-28-16.)
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(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
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Sec. 17-56. Financial exploitation of an elderly person or | ||
a
person with a disability.
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(a) A person commits financial exploitation of an elderly
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person or a person with a disability when he or she stands in a
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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.
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(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
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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.
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(c) For purposes of this Section:
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(1) "Elderly person" means a person 60
years of age or | ||
older.
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(2) "Person with a disability" means a person who
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suffers from a physical or mental impairment resulting | ||
from
disease, injury, functional disorder or congenital | ||
condition that impairs the
individual's mental or physical | ||
ability to independently manage his or her
property or | ||
financial resources, or both.
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(3) "Intimidation" means the communication to an | ||
elderly person or a
person with a disability that he or she | ||
shall be deprived of food and
nutrition,
shelter, | ||
prescribed
medication or medical care and treatment or | ||
conduct as provided in Section 12-6 of this Code.
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(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
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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
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order to induce, encourage or solicit the elderly person | ||
or
person with
a disability to
enter into a contract or | ||
agreement.
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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
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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
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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.
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(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.
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(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.
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(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.
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(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
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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.
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(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.)
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