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| Public Act 097-0865 | ||||
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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 1961 is amended by changing | ||||
Section 17-56 as follows:
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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 and by
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deception or
intimidation obtains control over the property of | ||||
an elderly person or
a person
with a disability
or 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 and the value of the
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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
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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
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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, or (iv) is a financial
planning or investment | ||
professional, or (v) is a paid or unpaid caregiver for the | ||
elderly person or person with a disability.
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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.
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(g) Civil Liability. A person who is charged by information | ||
or
indictment with the offense of financial exploitation of an | ||
elderly person
or person with a disability and who fails or | ||
refuses to return
the victim's property
within 60 days | ||
following a written demand from the victim or the victim's
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legal representative shall be liable to the victim or to the | ||
estate of the
victim in damages of treble the amount of the | ||
value of the property
obtained, plus reasonable attorney fees | ||
and court costs. The burden of
proof that the defendant | ||
unlawfully obtained the victim's property shall be
by a | ||
preponderance of the evidence. This subsection shall be | ||
operative
whether or not the defendant has been convicted of | ||
the offense.
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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. 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12.)
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