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| Public Act 098-0833 | ||||
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AN ACT concerning civil 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 Probate Act of 1975 is amended by changing | ||||
Sections 2-6.2 and 2-6.6 as follows:
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(755 ILCS 5/2-6.2)
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Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||||
elderly person
or a person with a disability. | ||||
(a) In this Section:
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"Abuse" means any offense described in Section 12-21 or | ||||
subsection (b) of Section 12-4.4a of the Criminal Code of
1961 | ||||
or the Criminal Code of 2012.
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"Financial exploitation" means any offense or act | ||||
described or defined in Section 16-1.3 or 17-56 of the
Criminal | ||||
Code of 1961 or the Criminal Code of 2012, and, in the context | ||||
of civil proceedings, the taking, use, or other | ||||
misappropriation of the assets or resources of an elderly | ||||
person or a person with a disability contrary to law, | ||||
including, but not limited to, misappropriation of assets or | ||||
resources by undue influence, breach of a fiduciary | ||||
relationship, fraud, deception, extortion, and conversion.
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"Neglect" means any offense described in Section 12-19 or | ||||
subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 | ||||
or the Criminal Code of 2012.
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(b) Persons convicted of financial exploitation,
abuse, or | ||
neglect of an elderly person or a person with a disability or | ||
persons who have been found by a preponderance of the evidence | ||
to be civilly liable for financial exploitation shall not
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receive
any property, benefit, or other interest by reason of | ||
the
death of that elderly person or person with a disability, | ||
whether as heir,
legatee,
beneficiary, survivor, appointee, | ||
claimant under Section 18-1.1, or in any other capacity
and | ||
whether the property, benefit, or other interest passes
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pursuant to any form of title registration, testamentary or
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nontestamentary instrument, intestacy, renunciation, or any
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other circumstance. Except as provided in subsection (f) of | ||
this Section, the The property, benefit, or other
interest | ||
shall pass as if the person convicted of the
financial | ||
exploitation, abuse, or neglect or person found civilly liable | ||
for financial exploitation died before the
decedent, provided | ||
that with respect to joint tenancy
property the interest | ||
possessed prior to the death by the
person convicted of the | ||
financial exploitation, abuse, or
neglect shall not be
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diminished by the application of this Section. Notwithstanding | ||
the
foregoing, a person convicted of financial exploitation, | ||
abuse, or neglect of
an elderly person or a person with a | ||
disability or a person who has been found by a preponderance of | ||
the evidence to be civilly liable for financial exploitation | ||
shall be entitled to receive
property, a benefit, or an
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interest in any capacity and under any circumstances described | ||
in this
subsection (b) if it is demonstrated by clear and | ||
convincing evidence that the
victim of that offense knew of the | ||
conviction or finding of civil liability and subsequent to the
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conviction or finding of civil liability expressed or ratified | ||
his or her intent to transfer the property,
benefit, or | ||
interest to the person convicted of financial exploitation, | ||
abuse,
or
neglect of an elderly person or a person with a | ||
disability or the person found by a preponderance of the | ||
evidence to be civilly liable for financial exploitation in any | ||
manner
contemplated by this subsection
(b).
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(c)(1) The holder of any property subject to the
provisions | ||
of this Section shall not be liable for
distributing or | ||
releasing the property to the person
convicted of financial | ||
exploitation, abuse, or neglect of
an elderly person or a | ||
person with a disability or the person who has been found by a | ||
preponderance of the evidence to be civilly liable for | ||
financial exploitation if the distribution or release
occurs
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prior to the conviction or finding of civil liability.
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(2) If the holder is a financial institution, trust | ||
company, trustee, or
similar entity or person, the holder shall | ||
not be liable for any distribution
or
release of the property, | ||
benefit, or other interest to the person convicted of
a
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violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 or the person who has been | ||
found by a preponderance of the evidence to be civilly liable | ||
for financial exploitation
unless the holder knowingly | ||
distributes or releases the property, benefit, or
other | ||
interest to the person so convicted or found civilly liable | ||
after first having received actual
written notice of the | ||
conviction in sufficient time to act upon the notice.
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(d) If the holder of any property subject to the
provisions | ||
of this Section knows that a potential beneficiary has been
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convicted of financial
exploitation, abuse, or neglect of an | ||
elderly person or a person with a
disability or has been found | ||
by a preponderance of the evidence to be civilly liable for | ||
financial exploitation within
the scope of this Section, the | ||
holder shall fully cooperate
with law enforcement authorities | ||
and judicial officers in
connection with any investigation of | ||
the financial
exploitation, abuse, or neglect. If the holder is | ||
a person or entity that is
subject to regulation by a | ||
regulatory agency pursuant to the laws of this or
any other | ||
state or pursuant to the laws of the United States, including | ||
but not
limited to the business of a financial institution, | ||
corporate fiduciary, or
insurance company, then such person or | ||
entity shall not be deemed to be in
violation of this Section | ||
to the extent that privacy laws and regulations
applicable to | ||
such person or entity prevent it from voluntarily providing law
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enforcement authorities or judicial officers with information.
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(e) A civil action against a person for financial | ||
exploitation may be brought by an interested person, pursuant | ||
to this Section, after the death of the victim or during the | ||
lifetime of the victim if the victim is adjudicated disabled. A | ||
guardian is under no duty to bring a civil action under this | ||
subsection during the ward's lifetime, but may do so if the | ||
guardian believes it is in the best interests of the ward. | ||
(f) The court may, in its discretion, consider such facts | ||
and circumstances as it deems appropriate to allow the person | ||
found civilly liable for financial exploitation to receive a | ||
reduction in interest or benefit rather than no interest or | ||
benefit as stated under subsection (b) of this Section. | ||
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. | ||
1-1-13; 97-1150, eff. 1-25-13.)
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(755 ILCS 5/2-6.6)
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Sec. 2-6.6. Person convicted of or found civilly liable for | ||
certain offenses against the elderly or
a person with a | ||
disability disabled. | ||
(a) A person who is convicted of a violation of Section | ||
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 or a person who has been found by a preponderance | ||
of the evidence to be civilly liable for financial | ||
exploitation, as defined in subsection (a) of Section 2-6.2 of | ||
this Act, may not receive any property, benefit, or
other | ||
interest by reason of the death of the victim of that offense, | ||
whether as
heir, legatee, beneficiary, joint tenant, tenant by | ||
the entirety, survivor,
appointee, or in any other capacity and | ||
whether the property, benefit, or other
interest passes | ||
pursuant to any form of title registration, testamentary or
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nontestamentary instrument, intestacy, renunciation, or any | ||
other circumstance. Except as provided in subsection (f) of | ||
this Section, the
The property, benefit, or other interest | ||
shall pass as if the person convicted
of a violation of Section | ||
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 or the person found by a preponderance of the | ||
evidence to be civilly liable for financial exploitation, as | ||
defined in subsection (a) of Section 2-6.2 of this Act,
died | ||
before the decedent; provided that with respect to joint | ||
tenancy property
or property held in tenancy by the entirety, | ||
the interest possessed prior to
the death by the person | ||
convicted or found civilly liable may not
be diminished by the | ||
application of this Section. Notwithstanding the
foregoing, a | ||
person convicted of a violation of Section 12-19, 12-21, | ||
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
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of the Criminal Code of 1961 or the Criminal Code of 2012 or a | ||
person who has been found by a preponderance of the evidence to | ||
be civilly liable for financial exploitation, as defined in | ||
subsection (a) of Section 2-6.2 of this Act, shall be entitled | ||
to receive property, a
benefit, or an interest in any capacity | ||
and under any circumstances described
in this Section if it is | ||
demonstrated by clear and convincing evidence that the
victim | ||
of that offense knew of the conviction or finding of civil | ||
liability and subsequent to the
conviction or finding of civil | ||
liability expressed or ratified his or her intent to transfer | ||
the property,
benefit, or interest to the person convicted of a | ||
violation of Section 12-19,
12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 or the person found by a | ||
preponderance of the evidence to be civilly liable for | ||
financial exploitation, as defined in subsection (a) of Section | ||
2-6.2 of this Act, in any manner contemplated
by this Section.
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(b) The holder of any property subject to the provisions of | ||
this Section
is not liable for distributing or releasing the | ||
property to the person
convicted of violating Section 12-19, | ||
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section | ||
12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of | ||
2012 or to the person found by a preponderance of the evidence | ||
to be civilly liable for financial exploitation as defined in | ||
subsection (a) of Section 2-6.2 of this Act.
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(c) If the holder is a financial institution, trust | ||
company, trustee, or
similar entity or person, the holder shall | ||
not be liable for any distribution
or
release of the property, | ||
benefit, or other interest to the person convicted of
a | ||
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 or person found by a | ||
preponderance of the evidence to be civilly liable for | ||
financial exploitation, as defined in subsection (a) of Section | ||
2-6.2 of this Act,
unless the holder knowingly distributes or | ||
releases the property, benefit, or
other interest to the person | ||
so convicted or found civilly liable after first having | ||
received actual
written notice of the conviction or finding of | ||
civil liability in sufficient time to act upon the notice.
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(d) The Department of State Police shall have access to | ||
State of Illinois
databases containing information that may | ||
help in the identification or
location of persons convicted of | ||
or found civilly liable for the offenses enumerated in this | ||
Section.
Interagency agreements shall be implemented, | ||
consistent with security and
procedures established by the | ||
State agency and consistent with the laws
governing the | ||
confidentiality of the information in the databases. | ||
Information
shall be used only for administration of this | ||
Section.
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(e) A civil action against a person for financial | ||
exploitation, as defined in subsection (a) of Section 2-6.2 of | ||
this Act, may be brought by an interested person, pursuant to | ||
this Section, after the death of the victim or during the | ||
lifetime of the victim if the victim is adjudicated disabled. A | ||
guardian is under no duty to bring a civil action under this | ||
subsection during the ward's lifetime, but may do so if the | ||
guardian believes it is in the best interests of the ward. | ||
(f) The court may, in its discretion, consider such facts | ||
and circumstances as it deems appropriate to allow the person | ||
convicted or found civilly liable for financial exploitation, | ||
as defined in subsection (a) of Section 2-6.2 of this Act, to | ||
receive a reduction in interest or benefit rather than no | ||
interest or benefit as stated under subsection (a) of this | ||
Section. | ||
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. | ||
1-1-13; 97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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