Bill Status of HB 87   93rd General Assembly

Short Description:  ELDERLY & DISABLED-ABUSE

House Sponsors
Rep. Lou Lang-Eddie Washington-Mary E. Flowers-Elizabeth Coulson-Jack D. Franks, Patricia Bailey, Joseph M. Lyons, Kenneth Dunkin, Monique D. Davis, Robin Kelly, Arthur L. Turner, Chapin Rose, Robert Rita, Robert F. Flider, Gary Forby, Kevin Joyce, Naomi D. Jakobsson, Frank Aguilar, Jack McGuire, Charles G. Morrow III and Charles E. Jefferson

Senate Sponsors
(Sen. M. Maggie Crotty-Donne E. Trotter-Mattie Hunter-Jacqueline Y. Collins, James T. Meeks and Martin A. Sandoval)


Last Action  View All Actions

DateChamber Action
  7/23/2003HousePublic Act . . . . . . . . . 93-0301

Statutes Amended In Order of Appearance
320 ILCS 20/3.5
320 ILCS 20/4from Ch. 23, par. 6604
320 ILCS 20/7from Ch. 23, par. 6607
320 ILCS 20/14 new
720 ILCS 5/12-19from Ch. 38, par. 12-19
720 ILCS 5/12-21from Ch. 38, par. 12-21
720 ILCS 5/16-1.3from Ch. 38, par. 16-1.3
725 ILCS 5/114-13.5 new
725 ILCS 5/115-10.3
730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
755 ILCS 5/2-6.6 new

Synopsis As Introduced
Amends the Elder Abuse and Neglect Act. Requires the Department on Aging to establish and coordinate specified elder abuse training and education programs and to establish a database of caregivers convicted of certain offenses against the elderly or disabled. Provides that mandated reporters who fail to report abuse, neglect, or financial exploitation are guilty of a Class A misdemeanor. Amends the Criminal Code of 1961. Changes elements of and penalties for the offenses of abuse and neglect of a long term care facility resident, criminal neglect of an elderly person or person with a disability (instead of "elderly or disabled person"), and financial exploitation of an elderly person or person with a disability. Amends the Code of Criminal Procedure of 1963. Permits victims of certain offenses against the elderly to testify through an evidence deposition rather than appear in court. Amends the Unified Code of Corrections. Permits the court to sentence a person convicted of certain offenses against the elderly or disabled to community service, impact incarceration, or an alcohol or substance abuse program. Amends the Probate Act of 1975. Provides that persons convicted of certain offenses against the elderly or disabled may not inherit property from a victim. Makes other changes.

 Fiscal Note (Department on Aging)
 House Bill 87 will initially cost the State of Illinois an estimated $358,114 in FY 2004 and $333,114 a year thereafter.

House Amendment No. 1
Provides that the Department on Aging is responsible for solicitation of financial institutions for the purpose of making information available to the general public warning of financial exploitation of the elderly and related financial fraud or abuse (instead of coordinating education and warning efforts, including an ombudsman program, with banks and financial institutions). Replaces an amendatory provision of the Elder Abuse and Neglect Act concerning the penalty for failure to make a required report. Provides that a physician who willfully fails to report shall be referred to the Illinois State Medical Disciplinary Board. Provides that a dentist or dental hygienist who willfully fails to report shall be referred to the Department of Professional Regulation. Provides that other mandated reporters who fail to report are guilty of a Class A misdemeanor. Provides that a person who criminally neglects a long term care facility resident is guilty of a Class 4 (instead of Class 3) felony. Provides that a person whose criminal neglect of a long term care facility resident results in the resident's death is guilty of a Class 3 (instead of Class 2) felony. Replaces a definition of a "gross neglect" with a definition of "criminal neglect". Provides that a person convicted of certain criminal offenses against an elderly or disabled person is entitled to receive property from the elderly or disabled person under certain circumstances.

House Amendment No. 2
Deletes reference to:
320 ILCS 20/14 new

In provisions amending the Elder Abuse and Neglect Act with respect to a review of services provided to an abused, neglected, or financially exploited senior adult, restores the provision of current law that services must be reviewed for up to one year (instead of 2 years); adds a provision that the Department on Aging may grant a waiver to extend the service care plan for up to one additional year. Removes a provision added to the Act concerning a private caregivers registry.

 Fiscal Note (H-AM 1 & H-AM 2) (Department on Aging)
 There is no fiscal impact.

Actions 
DateChamber Action
  1/7/2003HousePrefiled with Clerk by Rep. Lou Lang
  1/8/2003HouseFirst Reading
  1/8/2003HouseReferred to Rules Committee
  1/23/2003HouseAssigned to Aging Committee
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  2/4/2003HouseFiscal Note Filed
  2/4/2003HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  2/6/2003HouseAdded Co-Sponsor Rep. Patricia Bailey
  2/6/2003HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  2/6/2003HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  2/6/2003HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  2/20/2003HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  2/21/2003HouseHouse Amendment No. 1 Filed with Clerk by Aging Committee
  2/21/2003HouseHouse Amendment No. 1 Adopted in Aging Committee; by Voice Vote
  2/21/2003HouseDo Pass as Amended / Short Debate Aging Committee; 014-000-000
  2/21/2003HousePlaced on Calendar 2nd Reading - Short Debate
  2/26/2003HouseHouse Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  2/26/2003HouseHouse Amendment No. 2 Referred to Rules Committee
  2/28/2003HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/28/2003HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  2/28/2003HouseSecond Reading - Short Debate
  2/28/2003HouseHouse Amendment No. 2 Adopted by Voice Vote
  2/28/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/11/2003HouseAdded Co-Sponsor Rep. Robin Kelly
  3/11/2003HouseAdded Co-Sponsor Rep. Arthur L. Turner
  3/12/2003HouseFiscal Note Filed ; revised as amended by House Amendments No. 1 & 2
  3/13/2003HouseAdded Co-Sponsor Rep. Chapin Rose
  3/19/2003HouseAdded Co-Sponsor Rep. Robert Rita
  3/19/2003HouseAdded Co-Sponsor Rep. Robert F. Flider
  3/19/2003HouseAdded Co-Sponsor Rep. Gary Forby
  3/19/2003HouseAdded Co-Sponsor Rep. Kevin Joyce
  3/19/2003HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/20/2003HouseAdded Co-Sponsor Rep. Frank Aguilar
  3/21/2003HouseAdded Co-Sponsor Rep. Jack McGuire
  3/21/2003HouseAdded Co-Sponsor Rep. Charles G. Morrow, III
  3/21/2003HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  3/21/2003HouseThird Reading - Short Debate - Passed 116-000-001
  3/25/2003SenateArrive in Senate
  3/25/2003SenatePlaced on Calendar Order of First Reading March 26, 2003
  3/27/2003SenateChief Senate Sponsor Sen. M. Maggie Crotty
  4/2/2003SenateFirst Reading
  4/2/2003SenateReferred to Rules
  4/10/2003SenateAssigned to Health & Human Services
  4/29/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty
  4/29/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  5/1/2003SenateDo Pass Health & Human Services; 010-000-001
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/6/2003SenateSecond Reading
  5/6/2003SenatePlaced on Calendar Order of 3rd Reading May 7, 2003
  5/7/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  5/7/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/7/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/7/2003SenateThird Reading - Passed; 057-000-000
  5/7/2003SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/7/2003HousePassed Both Houses
  5/16/2003SenateAdded as Alternate Co-Sponsor Sen. James T. Meeks
  5/19/2003SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  6/5/2003HouseSent to the Governor
  7/23/2003HouseGovernor Approved
  7/23/2003HouseEffective Date January 1, 2004
  7/23/2003HousePublic Act . . . . . . . . . 93-0301

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